The Peshawar High Court (PHC) on Wednesday issued a restraining order against police harassment of the transgender community, while also serving notices to the provincial government, police department, and other relevant authorities. The court demanded replies on a petition that alleged illegal evictions and persistent harassment of transgender individuals, commonly known as Khawaja Saras in the region.
Court Observations on Violence Against Khawaja Saras
A two-member bench comprising Justice Syed Arshad Ali and Justice Inamullah Khan presided over the writ petition. During the proceedings, Justice Inamullah Khan remarked that violence against Khawaja Saras, including murders, brings disrepute to Khyber Pakhtunkhwa province. He urged the government to take serious measures to ensure the protection of the Khawaja Sara community.
Allegations of Police Pressure and Evictions
The petitioners' counsel appeared before the bench alongside Additional Advocate General Fazl-e-Mola. The lawyer informed the court that police were exerting pressure on transgender individuals, evicting them from their homes, and obstructing their peaceful living. Members of the transgender community present in the courtroom corroborated these claims, stating that police were bringing people to their homes and forcing them to vacate. They pleaded, "They are not even letting us stay in our houses and are telling us to leave," and requested the court to restrain the police from such harassment.
Legislative Measures and Representation
Justice Syed Arshad Ali inquired whether any legislation was being drafted to safeguard the rights of transgender persons. The Additional Advocate General responded that a report had been prepared, which includes provisions for shelter homes, an endowment fund, and quotas for Khawaja Saras in various government departments. He also highlighted the appointment of Khawaja Sara Sobia as a warden in the Central Jail as a step toward inclusion.
The petitioners' counsel pointed out that while the government forms committees for the protection and welfare of the Khawaja Sara community, these bodies lack proper representation from the community itself. In response, Justice Syed Arshad Ali directed that Khawaja Saras should be given due representation in such committees to ensure their voices are heard.
Court Order and Next Hearing
After hearing initial arguments, the bench restrained the police from harassing the petitioners and adjourned the hearing. The court directed the authorities to submit a detailed report on the next date of hearing, which has yet to be announced. The order provides temporary relief to the transgender community, which has long faced systemic discrimination and violence.
