- The appellants were male Muslims suffering from Gender Identity Disorder (GID), as testified by medical practitioners.
- In 1992 NS state legislature enacted the Syariah Criminal Enactment.
- S 66 of Syariah Criminal Enactment makes it an offence for any Muslim male person to do any of the following in a public place: to wear a woman's attire, or to pose as a woman.
- Those convicted can be liable to a fine < RM1,000 or to imprisonment for a term < 6 months or to both.
- This section makes no exception for sufferers of GID like the appellants. No explanation has been given by the State for this unfortunate omission.
- They have been repeatedly detained, arrested, and prosecuted by the religious authority of Negeri Sembilan acting pursuant to section 66 for cross-dressing.
s66 is against
- Art 5(1) - cos it deprives A to live with dignity.
- Art 5(1) - cos prevent them from stepping out from the house to work (get caught immediately if go out dressed like a woman)
- Art 9(2) - cos no freedom of movement.
- Art 10(1) - cos it is against their freedom of expression! Shad Saleem Faruqi: 'symbolic speech' like one's dressing and grooming can be treated as part of one's freedom of expression.
Directly taken from the case report
1. The legislative competence of the State Legislature of Negeri Sembilan on matters pertaining to the religion of Islam