ASAD MUNIR, J.---The petitioner claims to be suffering from Gender Identity Disorder since long which can be cured by means of a simple surgery called Reassignment Surgery which is available in the various hospitals in the country.
2. According to the learned counsel for the petitioner, even though the expertise for the said surgery is available, doctors are reluctant to carry out the operation as they apprehend certain legal and social complications unless permission for the required medical treatment is allowed by this Court.
3. Parawise comments were called for from Secretary, Ministry of Health, Islamabad as well as Secretary, Health Department, Government of the Punjab Civil Secretariat, Lahore. Parawise comments from Ministry of Health, Islamabad have been received and a perusal B thereof shows that the said Ministry has no objection if the surgery/treatment required by the petitioner goes ahead.
4. Learned Standing Counsel in support of the parawise comments has also confirmed that the Federal Government has no objection if the said surgery takes place in accordance with law at the risk and cost of the petitioner. No parawise comments have been received from Secretary, Health Department, Government of the Punjab but the learned Assistant Advocate General has appeared to state that he adopts the position taken by the learned Standing Counsel and the Government of the Punjab has no objection if the required medical treatment is provided to the petitioner in accordance with law. Learned counsel for the petitioner has also placed on record order dated 29- 4-2009, passed by this Court, whereby, in some-what similar circumstances, Re-assignment Surgery was allowed C to a person having Gender Identity. Disorder.
5. Learned counsel for the petitioner has also referred to Article 38 of the Constitution to contend that the petitioner is entitled to be provided the medical relief sought by him.
6. In view of the statements of the learned Standing Counsel and learned Assistant Advocate General, this writ petition is disposed of with a direction to the respondents to allow the medical facilities prayed for by the petitioner.