PUTRAJAYA: The Court of Appeal struck down a Negri Sembilan state law forbidding Muslim men from dressing up as women.
A three-man bench chaired by judge Datuk Mohd Hishamudin Mohd Yunus delivered the unanimous judgment in favour of three transgender men who challenged Section 66 of the Syariah Criminal (Negri Sembilan) Enactment 1992.
Hishamudin ruled that the section contravened a person's fundamental right to liberty, equality before the law, freedom of movement and expression.
"The Constitution exists so the minority is not subject to tyranny of the majority," Hishamudin ruled.
He noted that the legal restriction is unreasonable as the appellants suffered from Gender Identity Disorder which manifested in them dressing up as women.
The bench ordered parties to bear their own cost.
Bridal assistants Muhamad Juzaili Mohd Khamis, 26, Shukor Jani, 28, and Wan Fairol Wan Ismail, 30, had appealed against a Seremban High Court dismissal of their judicial review against the state enactment.
The legal challenge named as respondents the Negri Sembilan state government, its Islamic Affairs department and director, the state Syariah enforcement chief, and prosecution head.
Counsel Aston Paiva represented the appellants while Negri Sembilan state legal advisor Iskandar Ali Dewa acted for the respondents.
Senior Federal Counsel Suzana Atan appeared for the Attorney-General's Chambers as amicus curae (friend of the court)