PESHAWAR: The Peshawar High Court (PHC) on Thursday restrained the Mardan police from expelling transgender community from the district and their harassment.
A division bench comprising Justice Ikramullah Khan and Justice Ghazanfar Khan also asked the secretary Home and Tribal Affairs to sit with the transgender community and resolved their genuine problems, including security within a week time.
The court fixed March 1 for the next hearing with a direction to Advocate General office to ensure submission of report about the secretary Home meeting and reply to the petition.
The court issued direction in the writ petition filed by transgender persons, including Zahoor Mehmood and Iftikhar from Mardan, through their lawyer Gul Rehman Mohmand.
The petition was filed against the ban imposed by police officers on their functions, performance at weddings and the police orders to expel them from Mardan, which was their native district.
In the writ petition, it was submitted that the petitioners being transgender persons were the citizens of Pakistan entitled to all fundamental rights guaranteed in the Constitution.
It said that due to gender identity and expression of the petitioners, they were often expelled from homes by parents while many had to leave home due to day-to-day harassment and mental torture at the hands of family members, neighbours and society at large because of the taboo and stigma associated with the transgender community.
The writ petition said the petitioners represented the transgender community that deserved empathy of the state and concrete action by government departments so that they can be integrated into the society as equal and productive citizens.
It said that transgender persons should not be discriminated against on the basis of their gender identity and expression.
“Petitioners are the permanent residents of Mardan district and reside in their own houses/deras in different areas of Mardan. They perform in different gatherings, weddings and events to earn livelihood.
“The Mardan DPO has taken steps against the petitioners and directed the police officials of Mardan that no transgender be allowed to perform at the events. If someone is found at the events, [she] should be booked in criminal cases. He directed that no transgender will reside in Mardan district and issued [them] ultimatum to leave Mardan,” the petitioners claimed.
The petitioners claimed that they met the DPO and asked him as to why action was being taken against the transgender community. “In reply, he stated that the transgender community was involved in illegal acts including kidnapping, abduction, narcotics selling and prostitution,” they recalled.
They said it was strange that such a responsible officer was levelling allegations. “When we asked for the FIRs and the steps to prove involvement of transgenders in criminal acts, he failed to provide any proof,” the petitioners maintained.
In the grounds to the petition, it was stated that the acts of respondents were against the fundamental rights of the petitioners, unlawful, unwarranted and without lawful authority.
