Transgender community complains of harassment by police in Mardan, Bannu

PESHAWAR: The transgender community of Khyber Pakhtunkhwa has claimed that the police in Mardan and Bannu districts have banned their functions and wedding events and even asked them to grow beards.

"Police officers are asking transgender persons to keep beards and fast. We are Muslims and we fast and pray like other Muslims," said Komal, a transgender from Bannu district. She added that the police warned them to grow beards or leave Bannu.

The transgender people also said that the ban on their functions would force them into prostitution and begging to make both ends meet. "Bannu is our birthplace and home district. Where should we go?" questioned another transgender, Kareena. She pointed out that there is no ban on transgender functions in other districts of the province, but they were facing problems in Bannu and Mardan.

"Our two houses were set on fire while we were out. We lost our precious clothes and money and valuables in the incident," Komal alleged. She added that they were homeless now because their families had earlier disowned them and evicted them from homes. The transgender community of Bannu had appealed to the Supreme Court of Pakistan against the police torture and ban on their activities.

Under the Khyber Pakhtunkhwa Prohibition of Dancing Act, dancing by a woman in a public place for money or reward shall be an offence. Interestingly, the transgender persons are neither mentioned in the act nor are they women but the police imposed ban on their dancing and holding functions. The members of the community pointed out that these were their only source of livelihood.

Deputy Superintendent Police (DSP) Bannu Attique Hussain said that he had imposed ban on the transgender persons' functions under the law and the Constitution of Pakistan.

During a meeting with the transgender community at Bannu, the police officer warned them to abstain from their activities including performing at weddings or face criminal cases. "The law is made by the lawmakers and not me. I will follow the law," the DPO told the transgender people.

He asked the transgender community to leave the dancing profession as the youth often drink wine and go out of control and sometimes even resort to firing in music concerts where the transgender are performing.

On January 31, a spokesman of Bannu Police had rejected the claim of the transgender people of the area that police were forcing them to grow beards. Meanwhile, the transgender community in Mardan district has appealed to the Peshawar High Court (PHC) chief justice 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. Two transgenders, Zahoor Mehmood and Iftikhar from Mardan, filed the writ petition through their lawyer Gul Rehman Mohmand.

"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 us ultimatum to leave Mardan," the petitioners claimed.

Qamar Naseem, an activist of the transgender people's issues, told The News that the police officers in the two districts were misusing their powers to ban activities of transgender people.

"The police can book the transgender persons if found involved in immoral activities, narcotics and theft cases. But the police are not allowed to take away the fundamental rights of the transgender people and impose ban on them," he added.

He pointed out that if the police take action under the Loudspeaker Act, they can charge those arranging the DJ sound system in functions, as transgender community members only perform dances. Under the law and Constitution, he said, the police cannot expel citizens from a district.