PHC bars repatriation of Afghan’s transgenders

Humayun Khan

PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising of Justice Shakeel Ahmad and Justice Waqar Ahmad barred repatriation of 16 Afghan transgenders and directed authorities to stop harassing of registered Afghan transgender migrants residing in Pakistan.

The order came in response to a writ petition filed by the transgender women against their potential deportation under a government decision to repatriate all Afghan nationals. Their lawyer argued that their lives would be in danger if they were sent back to Afghanistan, where persecution of transgender individuals is widespread.

PHC’s divisional bench acknowledging the precarious situation of Afghan transgenders in their home country. However, the court also clarified that foreign nationals do not have the same rights as Pakistani citizens and can only stay if they have valid visas.

Despite this, the judges noted that even registered Afghan refugees with valid documentation, including Proof of Registration (POR) cards, were being harassed by authorities. PHC deemed such actions unacceptable and damaging to Pakistan’s international reputation.

PHC directed authorities to halt the repatriation of the 16 Afghan transgender women and keep their deportation on hold until further proceedings. The Court also ordered to end the harassment of registered Afghan transgender migrants as they are protected under Pakistani law and must be treated with dignity and respect. This decision provides temporary relief to the affected transgender women and highlights the ongoing challenges faced by this marginalized community in both Afghanistan and Pakistan.