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Plight of Afghan Transgenders in Pakistan: Legal Battle for Shelter and Safety

By Misbah ud Din Utmani - 09 May, 2024 3143
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Sitting amidst lawyers in the bar room of Peshawar High Court, Afghan transgender Hoorrain lamented the challenges faced by Afghan refugees in Pakistan. While acknowledging the difficulties encountered by all Afghan refugees, Hoorrain emphasized that the struggles of Afghan transgenders in Pakistan are even more pronounced. Hoorrain recounted instances of harassment by police and the public, especially during social gatherings, which serve as their primary source of income.

 

Expressing concern over the prospect of forced repatriation to Afghanistan, Hoorrain underscored the dire situation faced by transgenders in their home country. Meanwhile, a hearing convened at Peshawar High Court addressed petitions challenging the forced expulsion of Afghan musicians and transgender women from Pakistan. Justice Syed Arshad Ali queried whether the applications pertained to Afghan citizens' residency rights in Pakistan. Petitioner's lawyer Mumtaz Ahmed Advocate clarified that the petitions solely focused on preventing the evacuation of Afghan musicians and transgenders. Justice Syed Arshad Ali advised the petitioner to withdraw the application and join the proceedings in the Supreme Court, noting a similar case pending there. The court adjourned further proceedings accordingly. Farzana Riaz, leader of the transgender community in Khyber Pakhtunkhwa, highlighted the expulsion of Afghan refugees from Pakistan, including illegal Afghan transgenders. Despite filing a writ petition at Peshawar High Court, they were directed to pursue their case in the Supreme Court. Riaz expressed concerns that repatriation would endanger the lives of Afghan transgenders. Trans rights activist Dr. Mehrib Muez Awan outlined the dual challenges faced by Afghan transgenders in Pakistan: gender-based violence and lack of citizenship rights. Awan emphasized the need for legislative measures to protect Afghan transgenders in Pakistan, warning that eviction would strip away the little security they possess.