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SHC orders police to clear traffic intersections of beggars

By Ishaq Tanoli 2025-01-30
KARACHI: The Sindh High Court has directed the traffic police to ensure that no begging is allowed at traffic signals and other public spaces in the city by any person.

While disposing of a petition, a two-judge constitutional bench of the SHC, comprising Justice Mohammad Karim Khan Agha and Justice Adnan-ul-Karim Memon, asked the head of the city`s traffic police for compliance.

The bench in its order said that the main grievance of the petitioner was related to begging by transgender persons at traffic lights and other public places of the city and causing nuisance and harassment topublic at large.

`Inspector General Traffic is directed to ensure that no begging is allowed in Karachi by any person whatsoever whether they be male, female, children or transgender`, it added.

Citing chairman National Database and Registration Authority, chief secretary Sindh, commissioner Karachi, Inceptor General of Sindh Police, chief executive officer of Cantonment Board Clifton and State Bank of Pakistan as respondents, regular litigant Sumaira Mahamadi petitioned the SHC last year and submitted that the government had failed to implement the Transgender Persons Act, 2018 in letter and spirit as there were no protection centres or special vocational programmes for them to help earn a livelihood.

She also argued that Article 25 of the Constitution also related to equality of citizens while Section 6 of the Act, 2018 the obligations of the government were to establish protection centres,separate prisons,arrange training programmes and to encouragetransgender persons to start small business by providingincentives.

The petitioner further submitted that as per Section 17 (offences and penalties) of Transgender Persons Act, `Whoever employs, compels or uses any transgender person for begging shall be punished with imprisonment.

Thereafter, the petitioner submitted that the transgender persons were seen begging importunately at traffic signals and other public places at the city and causing harassment to women and children.

While referring to various provisions of the Cantonment Act, she contended that whoever, in any street or other public place within a cantonment area loiters or begs importunately for alms, was an offence.

The petitioner claimed that complaints had been registered with the authorities concerned on the subject matter and the harassment which was justified by the definition provided by the apex court in a civil reviewed petition in filed 2021.

She sought directives for respondents to implement the law and setup protection centres, separate prisons and specialvocational training programmes for them.

The petitioner also pleaded for strict action against begging by transgender persons at traffic signals and other public places as well as alleged harassment being caused to women and children.

She further asked the SHC to direct the respondents to implement the Supreme Court judgement (Khaki verses Federal of Pakistan/2009) for `hormone test to determine the gender` as male/female for Unisex as specified in Article 263 of the Constitution.