Shirin Munir V Govt of Punjab

Petitioners
Shirin Munir and other girls who were denied admission

Issue
 A lower number of seats are available for women than for boys in medical colleges.

Article 22(3)
(a) no religious community or denomination shall be prevented from providing religious
instruction for pupils of that community or denomination in any educational institution
maintained wholly by that community or denomination; and
(b) no citizen shall be denied admission to any educational institution receiving aid from public
revenues on the ground only of race, religion, caste, or place of birth.

Article 25
Equality of citizens.
(1) All citizens are equal before the law and are entitled to equal protection of the law.
(2) There shall be no discrimination based on sex alone (removed by 18th amendment)
(3) Nothing in this Article shall prevent the State from making any special provision to
protect women and children.

 Respondents argued that these articles contrast each other.

 If there is a contradiction, special provision is considered over general. Art 22(3)b was a
general provision, so Article 25 was considered.
Analysis
 Provisions of policy and fundamental rights are to be interpreted together, in harmony
with each other.
 No segregation based on gender in educational institutions
 Only the minimum number of students can be fixed, not the max.
 Medical colleges have facilities to accommodate these extra students.
 Classification of sex is not included in 22(3), was it done deliberately to contrast with
Article 25.
 Judgement declares harmonious construction of statues is the elementary interpretation of
the constitution.
Conclusion

Dr. Muhammad Aslam Khaki vs. Senior Superintendent of Police Rawalpindi

Parties from governments of the provinces
Facts
 Petition on behalf of eunuchs for the breach of fundamental rights
 Petition under article 184(3) against molestation and humiliation and restoration of their
fundamental rights
 No discrimination in rights and obligations
 Landmark case for the status of transgender in Pakistan

Issue
 No proper identity
 Discrimination
 No protection on a provincial level
 Why is discrimination based on sex? Why were they not judged on their capabilities?
 communication gap between the government and this community

Article 25: prohibition of discrimination and equal protection for all citizens
Article 9: the right to life
Article 184(3): 1. Public importance 2. Violation of fundamental rights

Analysis

Conclusion