Same sex marriage in Pakistan is becoming topic of TV talk shows and the test case of two girls marrying in Rawalpindi has become a hot topic. But the real story behind Ali Akash and Neha marriage is something very different what is being portrayed in print and electronic media and I plead with you to check some facts before spreading false news forward as this is the matter of lives of two human beings regardless of their gender.
Reporting in this case has been atrocious, with pretty much every media outlet preferring sensationalism over accuracy at the expense of the lives of the people involved. Some key facts that have largely been ignored:
1. This is not a case of “same sex marriage” or of a woman pretending to be a man. Ali Akash is a trans man with a male ID card. Legal gender recognition based on self-perception without medical or diagnostic requirements is a right under Pakistani law. It isn’t “impersonation”.
2. Ali and Neha got married. Neha’s family illegally confined her but sessions court granted Ali custody. Neha’s family filed a habeas petition before Lahore high Court. LHC admitted petition even though both had been appearing before sessions court. Why? Is this what habeas petitions are for?
3. LHC asked Ali to get medical tests done to prove he’s a man, even though this is clearly not required by law. This is what the non-bailable arrest warrant and now placement on ECL is for: to force a trans man to get his medical tests done to prove he’s a man AGAINST the law
4. Ali and Neha are now divorced and have nothing to do with each other. Neha was living in a shelter in Lahore given threats to her life by her family, but LHC asked her to be produced and has moved her to a dar ul aman in pindi against her will. Why? Under what jurisdiction?
5. LHC is conducting illegal proceedings, and instead of protecting the rights of Ali and Neha under the law, is further persecuting them. The media needs to highlight this injustice instead of contributing to the sensationalist propaganda against them.
Neha was fully aware that Ali Akash is a trans man before their nikah. Well if she testifies to that, i am sure it will put this matter to rest. LHC would concur, or at least i hope that they do. There are some questions too. Why Ali didn’t choose to challenge medical board composition to ascertain gender. There are legal ways to fight/protect his rights but he chooses to flee.
High court can not issue direction for medical test. Habeas corpus high court can only order to recover the dentine. There are other legal issues involved too but its more of a social taboo issue. This is high time that Pakistan start treat humans just like humans.