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PLD 2013 SC 188

Per, Iftikhar Muhammad Chaudhry, CJ and Jawwad S. Khawaja and Khilji Arif Hussain, JJ

(a) Constitution of Pakistan, 1973, Articles 9, 23, 25A, 51(2) & 184(3)

This petition was instituted for the enforcement of fundamental rights of the person which include eunuchs, guaranteed under the Constitution including security to life and property as they are more vulnerable among humans.

We may point out that eunuchs are entitled to be respected by all the segments of society as other citizens deserve. In the past their had been practice being followed invariably when they were not being treated at par with the other human beings/citizens but now with the cooperation of the Federal and Provincial Governments and other organizations they are being respected and dignified as citizen of this country in view of the fact that their rights are fully protected under the Constitution including the inherited property rights detail of which we have obtained so that the eunuchs are not deprived from their legitimate right in respect of movable and immovable proper, right to get education, right to he franchise and also to ensure their participation/jobs in all walk of life and they should not be intervened either by their relatives or by any other functionary.

The eunuchs should be treated equally as other citizen in this country enjoying the same rights under the Constitution of Islamic Republic of Pakistan. We place our gratitude to the petitioner in person, to the representatives of the Government, the NGOs and all others who have assisted us on the issue for its final disposal through this judgment, Disposed of in the above terms. [pp. 189, 190] A,B,C & D

Order accordingly

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