PESHAWAR: The Peshawar High Court on Friday issued a notice to Khyber Pakhtunkhwa inspector general of police (IGP), seeking his response within a fortnight to a plea challenging the alleged harassment of transgender persons in the province by the police, including backing of hate campaign and protests against them and attempts to expel them from different districts.

A bench consisting of Justice Syed Arshad Ali and Justice Mohammad Faheem Wali issued the order following preliminary hearing into a petition jointly filed by Transaction Alliance president Farzana Riaz and 25 other transgender persons against certain actions of the police, different organisations and people.

The petitioners requested the court to declare illegal and unconstitutional the actions of respondents, including district police officers of Swabi, Dera Ismail Khan, Bannu, Buner, Malakand and Nowshera.

They sought directives of the court for the respondents to immediately cease all forms of harassment against the transgender community across KP.

Petitioners claim hate drive launched against them at police’s behest

The petitioners also requested the court to issue guidelines for the protection of the rights of transgender persons including the right to work, reside and participate in cultural and social life without any interference.

They also sought interim relief requesting the court to restrain the respondents from harassing and expulsion of the petitioners from the relevant districts until the final disposal of the petition.

Advocate Imran Khan appeared for the petitioners and said that transgender persons primarily earned their livelihood by performing at weddings or celebrations, which was a lawful profession.

He argued that the prohibition imposed by the police on attending such functions in different districts was a violation of their right to enter into any lawful trade or profession guaranteed by Article 18 of the Constitution.

The lawyer said five of the petitioners belonged to Swabi and they had been subjected to a targeted hate campaign by local traders allegedly on behalf of the local police. He added that the traders staged protests demanding expulsion of transgender persons from the district without any legal basis.

He said that a frivolous FIR had also been registered against the transgender persons by the police, which proved their mala fide.

The counsel said that in Dera Ismail Khan, the police had been preventing transgender individuals from attending wedding events though it was the primary source of their income.

The counsel said that in Batkhela (Malakand), two petitioners were subjected to harassment by the local police and even their homes were sealed.

He added that a civil court later ordered de-sealing their residences.

The lawyer also said two of the petitioners were victims of a hate campaign in Buner by the people, started by people at the behest of the local police.

He argued that in the absence of any sanction of law and without legislative authorisation, the executive authority couldn’t be allowed to expropriate the rights of the petitioners through policy making mechanisms.

The counsel claimed that the systematic harassment of the petitioners was the policy guidelines issued by the IGP.

He also contended that the attempts to banish transgender persons from different districts were clear violation of their constitutional right to move freely throughout the country and reside in any part thereof under Article 15 of the Constitution.

The lawyer contended that the Transgender persons Protection of Rights Act, 2018, provided for development of institutional mechanisms for the periodic sensitisation and awareness of the public servants, in particular but not limited to law-enforcement agencies and medical institutions, about the issues involving transgender persons and the requirement of their protection and relief.

Published in Dawn, September 20th, 2025