Transvestites move PHC against curbs by Mardan police

PESHAWAR: The transgender community in Khyber Pakhtunkhwa on Friday moved the Peshawar High Court (PHC) against the ban imposed by police officers on their functions and participation in weddings.

The petition also highlighted the police orders to expel them from Mardan, which is their native district.

The transgender persons, including Zahoor Mehmood and Iftikhar from Mardan, filed the writ petition through their lawyer Gul Rehman Mohmand.

The Inspector General of Police (IGP) Khyber Pakhtunkhwa, district police officer of Mardan and deputy inspector general (DIG) Mardan were made parties to the petition.

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.

In 2009, Supreme Court of Pakistan took suo moto action for the first time in Pakistan’s history when the transgender persons were recognized and Nadra was directed to issue them CNICs.

The Supreme Court had directed the federal and provincial governments to register transgender persons and ensure that transgender persons who are citizens of Pakistan are provided equal rights guaranteed under the constitution of Pakistan.

The petitioners prayed the court to declare the acts of the respondents as illegal, unlawful, without lawful authority, unwarranted and unconstitutional.

They requested the court to direct the respondents to restrain from taking any illegal step violating the fundamental rights enshrined in the Constitution. They pleaded that the respondents be restrained not to bar the petitioners from participating in the events, gathering, which were for earning livelihood.