Feb 15, 2024
Kamran Ali
PESHAWAR:
The Peshawar High Court (PHC) has issued a directive urging the government to refrain from subjecting Afghan transgender individuals seeking temporary refuge in Pakistan to harassment.
A bench, comprising Justices Shakeel Ahmed and Waqar Ahmed, also stressed on the importance of adopting a considerate approach on the government’s treatment of all non-citizens.
Seventeen transgender individuals, represented by advocate Mumtaz Ahmed, filed a writ petition opposing their involuntary repatriation to Afghanistan. They argue that life for transgender individuals in Afghanistan has become exceedingly perilous since the Taliban takeover.
The respondents named in the petition include the ministry of interior, Federation of Pakistan, National Database and Registration Authority (Nadra), Directorate General of Immigration and Passports, Federal Investigation Agency (FIA), Secretary of Ministry of States and Frontier Regions, Secretary of Home and Tribal Affairs Department, Chief Secretary of Khyber Pakhtunkhwa, and the State of Pakistan.
Mumtaz Ahmed argued in court that Afghan nationals registered with the UNHCR, based on allotted tokens, are permitted to stay in Pakistan as refugees under the resettlement policy agreed upon by the Pakistani government and UNHCR.
The PHC bench noted that foreigners do not enjoy the same rights as citizens, however, those with valid visas are entitled to stay in Pakistan.
Hooria Ahmed, a 21-year-old transgender woman employed as a receptionist at a private hospital, shared with Voicepk that her family does not support her, and the presence of the Taliban in Afghanistan poses a significant threat to her life. She expressed fear that if she were compelled to return, the Taliban would have multiple means to harm or potentially endanger her life.
She clarifies that neither she nor other members of her community intend to seek permanent residency in Pakistan, but rather to stay until they successfully complete the process of relocating abroad.
Mahi, Peshawar-based transgender rights activist, said that the Pakistani government should grant them permission to stay, given that their lives are relatively more secure in Pakistan than Afghanistan – “But due to fear of arrest and potential deportation, these transgender individuals are unable to move freely within Pakistan.”
Advocate and human rights activists, Aminullah Kundi, urges the government to allow transgender individuals to stay as well protect them during their stay in Pakistan.
The court has clubbed this case with the one submitted by Afghan artists, urging the government to furnish a reply on the matter. Notably, 141 Afghan artists residing across various parts of the country have also filed a comparable petition, highlighting similar grounds and prayers.