Shumail Raj and Shahzina Tariq said they were sentenced without conducting any gender determination test on the 'husband', who is Raj in this case.
ISLAMABAD: Pakistan's first same-sex couple, who tied the knot violating the country's law, on Monday filed an appeal before the Supreme Court, challenging the three-year imprisonment handed down to them by the Lahore High Court (LHC) last month.
In their appeal before the apex court, the lesbian couple, Shumail Raj and Shahzina Tariq, said they were sentenced without conducting any gender determination test on the "husband", who is Raj in this case.
They cannot be punished without the confirmation of the gender of Raj, therefore, the LHC judgement should be quashed, the couple's advocate Babar Awan told the media here today.
Their case hit headlines in local and international media as it was the first of its kind in Pakistan and both vowed to continue to be married despite the sentence.
Awan said that though it was advised that the sex determination test needed to be done on Raj, it was not carried out.
"Investigation was recommended to determine the sex of Shumail Raj. The determination of gender in this case was not conclusive in this case according to the medical report. Basically gender determination is a standard operating medical procedure. Unless that is done nobody can determine what is the gender of a particular person," he said.
Awan also said the LHC sentenced the couple even after they tendered an apology.
"We have seen high profile cases being dropped after the apology was tendered," he said, adding that "there are a lot of lacunae in the judgement and I am hopeful of getting justice."
The couple was given the three-year sentence by the LHC on May 28 on the ground that they both were women and married in violation of the teaching of Islam and Pakistan's Constitution which does not permit same-sex marriage.
The LHC, in its judgement, said that it took "lenient view" of the trans-gender couple and gave a "lighter sentence" because they tendered an unconditional apology.
The court dropped the "unnatural offence" charges brought up against the couple, stating that the same-sex charge did not fulfil legal requirements. Had they been charged under that they would have faced a life sentence.
The LHC ruled that the couple's petition, affidavits submitted by both of them, marriage certificate and medical report of Raj proved that they had intentionally made false statements before the court and ordered that they should be kept in separate jails.
Raj was kept in a women's cell at the Kot Lakhpat Jail while Tariq was imprisoned in Faislabad jail. The LHC also ordered psychotherapy treatment for Raj.
The couple was given the three-year sentence by the LHC on May 28 on the ground that they both were women and married in violation of the teaching of Islam and Pakistan's Constitution which does not permit same-sex marriage.
The LHC, in its judgement, said that it took "lenient view" of the trans-gender couple and gave a "lighter sentence" because they tendered an unconditional apology.
The court dropped the "unnatural offence" charges brought up against the couple, stating that the same-sex charge did not fulfil legal requirements. Had they been charged under that they would have faced a life sentence.
The LHC ruled that the couple's petition, affidavits submitted by both of them, marriage certificate and medical report of Raj proved that they had intentionally made false statements before the court and ordered that they should be kept in separate jails.
Raj was kept in a women's cell at the Kot Lakhpat Jail while Tariq was imprisoned in Faislabad jail. The LHC also ordered psychotherapy treatment for Raj.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}