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This is an archive article published on June 18, 2007

Lesbian couple knock on SC door

Pakistan's first same-sex couple, who tied the knot violating the country8217;s law, on Monday filed an appeal before the Supreme Court...

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Pakistan8217;s first same-sex couple, who tied the knot violating the country8217;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 a conclusive gender determination test being conducted on the 8220;husband8221;8212;Raj. They cannot be punished without the confirmation of Raj8217;s gender, therefore, the LHC judgement should be quashed, the couple8217;s advocate Babar Awan told the media here.

8220;A test was recommended to determine Raj8217;s gender. But the result was not conclusive, according to the report. Gender determination is standard medical procedure. Unless that is done, nobody can determine the gender of a particular person,8221; said Awan.

Their case hit headlines in local and international media as it was the first of its kind in Pakistan.

Both have vowed to remain married to each other despite the sentence.

The couple was given the three-year sentence by LHC on May 28 on the ground that they were married despite both of them being women, violating the teachings of Islam and Pakistan8217;s Constitution.

Awan also pointed out that Lahore High Court sentenced the couple even though they tendered an apology. The

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Lahore High Court, in its judgement, said that it took 8220;lenient view8221; of the trans-gender couple and gave a 8220;lighter sentence8221; because they tendered an unconditional apology.

The court dropped the 8220;unnatural offence8221; charges brought against the couple. Had they been charged under that they would have faced a life sentence.

 

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