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Supreme Court of Pakistan

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319

Khaki v. Rawalpindi

The Supreme Court of Pakistan considered the social status and injustices caused to the transgender population. The Court noted that under the Constitution of Pakistan, transgender individuals are entitled to enjoy constitutional rights like every other citizen of Pakistan. Over the years, transgender individuals in Pakistan have been deprived of inheritance, other property rights, voting rights, education, and employment due to the stigma and exclusion they have suffered.

Lehdeaho v. SHO, PS Chung, Lahore and others

The petitioner was a mother who moved with her husband, the respondent, to Canada with their three minor children in 2009. The respondent moved back to Lahore, Pakistan and the children stayed with the petitioner in Canada. The respondent wanted the entire family to move back to Lahore. To this end, he approached the Guardian Court in Lahore and declared himself as the guardian of the person and property of his children. When they came to visit him, he refused to let the children go back to Canada.

The Case of Fauzia Parveen

Proceedings were initiated on basis of a press clipping dated 4th November, 2013, indicating the gang rape of a deaf dumb woman, Mst. Fauzia Parveen who took it upon herself to go to the Magistrate when no one believed her and submitted an application for a medical examination (which was ultimately granted and conducted clearly revealing evidence of rape). The Court determined that the facts support the allegation of rape and also that the police were negligent in dealing with the matter and tried to cover up their negligence.

The Case of Naila Farhat

The acid violence case of Mst. Naila Farhat was brought in November 2008. In 2003, the perpetrator sprayed acid on the (then) 13 year old victim’s face in retaliation for her refusal of a marriage proposal. Ultimately, he was sentenced to 12 years imprisonment and ordered to pay 1.2 million rupees in damages. However on appeal to the High Court, the Judge stated that if he paid the fine he would not be imprisoned. In April 2009, the victim appealed to the Supreme Court and was the first case on an acid attack to reach the Supreme Court.

The State, Mai and others v. The State, Abdul Khaliq and others

In this highly publicised case, the Supreme Court considered ten matters - eight are appeals by the victim against the acquittal of the accused rapists; one appeal has been filed by the convicted and the one is a suo moto action of the Court recalling the judgement in the gang-rape case that acquitted five of the six accused. Fourteen men were indicted in the gang rape of Mukhtar Mai in 2002, undertaken in revenge for an alleged breach of decorum by her brother and sanctioned by a panchayat (village council).

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