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Sterilization for Transgenders Deemed Unconstitutional in Japan

Sterilization for Transgenders Deemed Unconstitutional in Japan

The Supreme Court of Japan declared on Wednesday that a law forcing transgender persons to undergo sterilisation surgery in order to legally alter their gender is unconstitutional, a landmark decision hailed by supporters as a sign of rising acceptance of LGBTQ+ rights.

The verdict by the Supreme Court’s 15-judge Grand Bench only relates to the sterilisation section of the 2003 law. It does not address the constitutionality of required gender-transition surgery in general to receive a state-sanctioned gender change, which is also criticised by international rights and medical organisations.

The statute requires persons who want to alter their gender to make a “cruel choice between accepting sterilisation surgery that causes intense bodily invasion and giving up important legal benefits of being treated according to their gender identity,” according to the Supreme Court.

The ruling, which requires the government to rethink the law, is a first step towards allowing transgender persons to change their identities in official records without having to undergo sterilisation. However, the claimant’s win was not complete because the Supreme Court remanded her case to further investigate the requirement for gender-affirming surgery.

In 2020, the claimant requested a gender change in her family registration — from assigned male at birth to female — but lower courts denied her request.

Sterilization for Transgenders Deemed Unconstitutional in Japan

According to the Associated Press, the ruling comes at a time when there is heightened awareness of issues affecting LGBTQ+ individuals in Japan, and it represents a partial triumph for that community.

According to the court document, the justices unanimously concluded that the provision of the law mandating sterilisation for a gender transition is unconstitutional. The decision not to declare the gender-affirmation surgery requirement illegal, according to the claimant’s lawyers, is regretful since it delays resolution of that matter.

The claimant, who has only been described as a transgender woman in her late 40s residing in western Japan, said in a statement read aloud by one of her lawyers, Kazuyuki Minami, that she was “surprised” by the decision and “disappointed” that a judgement on the gender-affirmation surgery need had been delayed.

It adds to her agony and court appearances for “further scrutiny about the inside of her underpants,” according to Minami.

Transgender people who want to change their gender assigned at birth on family registries and other official papers must be diagnosed with gender dysmorphia and undergo surgery to remove their sex organs, according to the law.

Other restrictions include being single and not having children under the age of 18.

Kanae Doi, Japan director of Human Rights Watch, said it was “great news” that the Supreme Court unanimously declared sterilisation unlawful and that the government must immediately take action.

“The government is obliged to amend the law to remove the sterilisation and gender-affirmation surgery requirements,” she went on to say. “Any invasion of the body against one’s will is a human rights violation.”

LGBTQ+ campaigners in Japan have lately increased their efforts to enact an anti-discrimination law, after a former adviser to Prime Minister Fumio Kishida stated in February that he would not want to live next to LGBTQ+ people and that citizens would depart Japan if same-sex marriage was permitted.

However, progress has been gradual, and Japan remains the only Group of Seven member that does not permit same-sex marriage or provide legal rights, such as an effective anti-discrimination statute.

The claimant first submitted the request in 2020, claiming that the surgery requirement imposes a significant fiscal and physical burden and violates the constitution’s equal rights safeguards.

Rights groups and the LGBTQ+ community in Japan have been hoping for a change in the law after a local family court allowed a claimant’s request for a gender change without the mandatory surgery earlier this month, arguing the rule is unconstitutional.

People who want to register a gender change must have their original sex organs removed, including testes and ovaries, and have a body that “appears to have parts that resemble the genital organs” of the new gender they want to register with, according to a special law that went into force in 2004.

According to court documents from the Oct. 11 verdict that allowed Gen Suzuki’s request for a gender change without the needed surgery, more than 10,000 Japanese have had their genders formally changed since then.

According to the Shizuoka verdict, surgery to remove sex organs is not required in the majority of the about 50 European and Central Asian countries that have legislation allowing persons to change their gender on official documents. The practise of altering one’s gender in this way has become common in many parts of the world, according to the report.

Many LGBTQ+ people continue to hide their sexuality owing to fear of harassment at work and school in a culture of conformity where the conservative government adheres to conventional paternalistic family values and is hesitant to accept sexual and familial diversity.

Some groups opposing more inclusivity for transgender persons, particularly those transitioning from designated male at birth to female, filed 20,000 petitions with the Supreme Court on Tuesday, urging it to maintain the surgery requirement in order to keep “women’s spaces safe.”

Hundreds of municipalities now give partnership certificates to same-sex couples to help them rent apartments and other services, but these certificates are not legally binding.

In 2019, the Supreme Court upheld the statute in another case filed by a transgender individual seeking a gender registration change without the needed sexual organ removal and sterilisation operations.

The Supreme Court ruled in that case that the statute was constitutional since it was intended to prevent misunderstanding in families and society, though it admitted that it restricts freedom and may become out of step with changing social ideals and should be reconsidered later.

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Bangladesh Supreme Court to Rule on Controversial Job Quotas Amid Nationwide protests

Bangladesh Supreme Court to Rule on Controversial Job Quotas Amid Nationwide protests

(CTN News) – The future of public service hiring regulations, which have provoked national conflicts between police and university students that have resulted in at least 133 fatalities so far, is set to be decided by Bangladesh’s Supreme Court on Sunday, or today.

Later in the day, the nation’s highest court will meet to declare its decision about the controversial job quotas—either in favor of or against their elimination.

This week’s protests over politically motivated admission quotas for highly sought-after government posts turned into some of the worst instability during Prime Minister Sheikh Hasina’s watch.

Due to the ongoing turmoil, a curfew has been in place since Friday. In addition, the government has declared a two-day holiday during which all offices and institutions would be closed.

After riot police were unable to restore order, soldiers are now policing cities throughout Bangladesh, and since Thursday, there has been a statewide internet blackout that has severely limited the flow of information to the outside world.

SEE ALSO: Nearly 1,000 Indian Students Return from Bangladesh Amid Deadly Unrest Over Job Quota System

Hasina made hints to the public this week that the plan will be abandoned, which comes after her opponents accuse her government of using the judiciary to further its own agenda.

However, a positive decision is unlikely to calm the nation’s simmering rage in the wake of the intensifying crackdown and growing dead toll.

Business owner Hasibul Sheikh, 24, told AFP, “It’s not about the rights of the students anymore,” while observing a Saturday street demonstration in the capital city of Dhaka against a statewide curfew.

“Our demand is one point now, and that’s the resignation of the government,” he stated.

A system that reserves more than half of civil service positions for particular groups, like as children of veterans of the 1971 war, is the driving force behind the upheaval this month.

Hasina, 76, has ruled the nation since 2009 and won her fourth consecutive election in January following a ballot in which there was no real competition, according to critics who claim the program helps families who support her.

Rights organizations accuse Hasina’s government of abusing state institutions, including as the extrajudicial assassination of opposition activists, in order to strengthen its grasp on power and quell dissent.

Bangladesh’s 170 million people lack access to sufficient employment possibilities, therefore the quota system is a major cause of anger for recent graduates who are struggling to find work.

“The government’s actions have made the situation worse, rather than trying to address the protesters’ grievances,” Pierre Prakash, Asia director of Crisis Group, told AFP.

After a week of increasing violence, Hasina canceled her intentions to depart the nation on Sunday for a diplomatic trip to Spain and Brazil.

Source: The Indian Express

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Pakistani Government Plans to Ban PTI

Pakistani Government Plans to Ban PTI

(CTN News) – The Pakistani government has announced measures to outlaw Pakistan Terheek-e-Insaf (PTI), the party of imprisoned former Prime Minister Imran Khan.

Information Minister Attaullah Tarar made the declaration on Monday, only days after the Supreme Court declared the PTI eligible for a share of reserved seats in national and provincial assemblies.

After reviewing all relevant information, the government has decided to ban PTI. “We will file a case to ban the party,” he said, citing claims such as inciting violent protests last year and leaking confidential information.

Tarar stated that the case would be moved to the Supreme Court.

He also stated that the government intended to file treason charges against Khan and two other senior party leaders, former President of Pakistan Arif Alvi and ex-Deputy Speaker of the National Assembly Qasim Suri, as well as a review appeal against the Supreme Court’s ruling that the PTI should be allocated some assembly seats reserved for women and members of religious minorities.

According to Sayed Zulfiqar Bukhari, a top PTI politician and party spokesperson, the government’s action “betrays their complete panic”.

“After realizing that they could no longer threaten, compel, or blackmail judges, they decided to make this move through the cabinet. “All of their attempts to stop us have been declared illegal by the courts,” he stated.

Last week, the Supreme Court recognized the PTI as a political party and confirmed that the party’s lack of an electoral emblem did not affect its legal right to field candidates.

The verdict was in response to the PTI being barred from competing in parliamentary elections in February using its party emblem, the cricket bat, forcing it to field candidates as independents.

Despite the setback, PTI-backed candidates emerged as the largest parliamentary bloc, winning 93 seats.

After Khan declined to cooperate with his political opponents, the Pakistan Muslim League-Nawaz (PMLN) and Pakistan People’s Party (PPP) formed a coalition government with other smaller parties.

Ex-Governor Sindh Zubair, who formerly served in the PMLN, stated that the government’s action was in response to the Supreme Court’s ruling last week and warned of political upheaval ahead.

“The powers that be are trying to disenfranchise the largest majority of voters of the country, who voted for PTI,” he disclosed to Al Jazeera.

Khan was appointed prime minister in August 2018 but was dismissed from power in April 2022 after a parliamentary vote of no-confidence.

The cricketer-turned-politician has since faced a slew of legal issues, including charges of misplacing and leaking the contents of a confidential cable delivered to Islamabad by Pakistan’s then-ambassador in the US in 2022.

Khan has continually disputed the charge, claiming that the dossier contained evidence that his resignation as prime minister was orchestrated by his political opponents and the country’s powerful military, with assistance from the US administration. Both Washington and Pakistan’s army deny the accusation.

Despite multiple recent court verdicts in his favor, Khan has been in prison since August of last year.

Source: Aljazeera

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NAB Re-Arrests Imran Khan and Bushra Bibi After Iddat Case Conviction Overturned

NAB Re-Arrests Imran Khan and Bushra Bibi After Iddat Case Conviction Overturned

(CTN News) – Former Prime Minister Imran Khan and his wife, Bushra Bibi, were acquitted in the Iddat case by a sessions court on Saturday, less than 24 hours after the Supreme Court ruled in favor of the PTI in reserved seats.

However, their relief was short-lived when Imran Khan was detained by the National Accountability Bureau (NAB) for selling official goods. Bushra Bibi was also rearrested in this case while being released from Adiala Jail’s Gate No. 3.

According to sources, the NAB detained Bushra Bibi after the bureau’s chairman issued arrest warrants for her and Imran Khan. Both are to be investigated in Adiala Jail.

Opposition leader Omar Ayub Khan condemned Bushra Bibi’s imprisonment and criticized the Adiala Jail administration. He also cautioned the jail superintendent of the repercussions and announced that a privilege motion would be filed against him.

Imran Khan and Bushra Bibi were acquitted in the Iddat case after Additional District and Sessions Judge (ADSJ) Mohammad Afzal Majoka reversed their previous verdict, which sentenced them to seven years in prison on February 3, five days before the general election.

Imran Khan’s lawyers, Usman Gill and Zaheer Abbas, were in court when the verdict was pronounced.

In the 28-page ruling, Judge Majoka rejected Khawar Fareed Maneka, Bushra Bibi’s ex-husband,’s arguments that Imran Khan and Bushra Bibi’s nikah was illegally performed and that Mr. Maneka was denied Buju (reconciliation rights) under religious law.

The court also rejected the allegation of fornication under provision 496-B of the Pakistan Penal Code (PPC), stating that no charge was filed under this provision against both Imran Khan and his spouse “because there was no evidence of a second witness”. The trial court heard only one witness, Mr Maneka’s domestic servant.

“In these circumstances, it cannot be said that the appellants committed fornication,” the judge wrote. Regarding the charge of contracting marriage fraudulently during the Iddat period, the judge found that in a video given as evidence during the trial, Mr. Maneka lauded his ex-wife, Bushra Bibi, and “deposed that his ex-wife is a pious lady.”

The magistrate inquired about “how this witness [Mr Maneka] can claim that the appellant No. 2 [Bushra Bibi] committed fraud with him” .

The court announced its decision: “From a perusal of Section 496 PPC and the above-mentioned esteemed citations, this court is of the view that the appellants have not gone through any marriage ceremony fraudulently or with dishonest intention because none of the parties claimed that nikah was not performed and fraudulently he or she was supposed to believe that marriage ceremony was solemnised.”

The court judgment added: “In the instant instance, it is the complainant’s case that the appellants’ nikah was done on January 1, 2018, followed by the second nikah in February 2018. By no stretch of the imagination, it was a marriage with dishonest or deceptive intentions.”

Regarding Mr. Maneka’s claim that he was denied reconciliation rights and so deceived by Imran Khan and Ms. Bibi, the court noted that during cross-examination, Mr. Maneka stated that he learned of the appellants’ marriage on the second day of their nikah.

Before submitting the complaint, the judge questioned why Mr Maneka had been silent on his reconciliation rights for six years.

The judge stated, “The complainant has failed to prove his case against the appellants.” As a result, both appeals filed by appellants No. 1 [Imran Khan] and No. 2 [Bushra Bibi] are accepted, the judgment of the learned trial court of February 3, 2024, is overturned, and both appellants are acquitted of the accusation.”

The court ordered their freedom unless they needed to be imprisoned in other cases.

Source: DAWN

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