LGBT rights in Pakistan
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Lesbian, gay, bisexual, and transgender (LGBT) people in Pakistan face social difficulties compared to non-
LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...
persons. Even in large cities, gays and lesbians have to be highly discreet about their sexual orientation. Pakistani law prescribes criminal penalties for same-sex sexual acts. The Pakistani Penal Code of 1860, originally developed under the
British Raj The British Raj (; from Hindi ''rāj'': kingdom, realm, state, or empire) was the rule of the British Crown on the Indian subcontinent; * * it is also called Crown rule in India, * * * * or Direct rule in India, * Quote: "Mill, who was him ...
, criminalises
sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''s ...
with possible penalties of prison sentences from two years to a life sentence and fines. The Penal Code has other provisions that impact LGBT Pakistanis in order to protect public morality. Despite its illegality, homosexual acts are not commonly prosecuted by authorities in
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
to the dismay of the broader public. Discrimination and disapproval of the LGBT community and the associated
social stigma Social stigma is the disapproval of, or discrimination against, an individual or group based on perceived characteristics that serve to distinguish them from other members of a society. Social stigmas are commonly related to culture, gender, ra ...
, which can lead to harassment and violence, make it difficult for LGBT people to have steady relationships. Nevertheless, the LGBT community is still able to socialise, organise, date, and even—in rare cases—live together as couples, if done mostly in secret. Sexual encounters between same-sex partners are more accessible in
Lahore Lahore ( ; pnb, ; ur, ) is the second most populous city in Pakistan after Karachi and 26th most populous city in the world, with a population of over 13 million. It is the capital of the province of Punjab where it is the largest city ...
, in particular for gay and bisexual men. As a result of globalisation, increasing
liberalisation Liberalization or liberalisation (British English) is a broad term that refers to the practice of making laws, systems, or opinions less severe, usually in the sense of eliminating certain government regulations or restrictions. The term is used m ...
trends and advancing social tolerance, private gay parties in
Lahore Lahore ( ; pnb, ; ur, ) is the second most populous city in Pakistan after Karachi and 26th most populous city in the world, with a population of over 13 million. It is the capital of the province of Punjab where it is the largest city ...
have been increasing for a number of years. In addition, there is a growing number of individuals—generally from more affluent and educated families—who are coming out to their friends and introducing them to their same-sex partner. In 2018, the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
passed the ''Transgender Persons (Protection of Rights) Act'' which established broad protections for transgender people. Earlier, in a historic 2009 ruling, the
Supreme Court of Pakistan The Supreme Court of Pakistan ( ur, ; ''Adālat-e-Uzma Pākistān'') is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan. Established in accordance to thePart VIIof the Constitution of Pakistan, it has ultimate a ...
ruled in favour of civil rights for transgender citizens, and further court rulings upheld and increased these rights. Pakistan does not have
civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life o ...
laws to prohibit discrimination or harassment on the basis of
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
. Neither same-sex marriages nor
civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s are permitted under current law and are scarcely ever brought up in the political discourse. Unlike in other parts of South Asia, rising right-wing populism is exepected to endanger any progress made on transexual rights.


Legality of same-sex sexual activity

Pakistani law is a mixture of both British law and Islamic law. The section of the Penal Code criminalising consensual same-sex relations was inherited from the colonial rule of the
British Raj The British Raj (; from Hindi ''rāj'': kingdom, realm, state, or empire) was the rule of the British Crown on the Indian subcontinent; * * it is also called Crown rule in India, * * * * or Direct rule in India, * Quote: "Mill, who was him ...
; it was enacted on 6 October 1860 and went into force on 1 January 1862. Written by
Lord Macaulay Thomas Babington Macaulay, 1st Baron Macaulay, (; 25 October 1800 – 28 December 1859) was a British historian and Whig politician, who served as the Secretary at War between 1839 and 1841, and as the Paymaster-General between 1846 and 1 ...
, the then-named ''
Indian Penal Code The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established ...
1860'', made male same-sex sexual acts illegal under the
British law The United Kingdom has four legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English and Welsh law, Scots law, Northern Ireland law, and, since 2007, purely Welsh law (as a result of ...
of "Unnatural Offences". After Pakistan gained independence in 1947, the Parliament retained the Penal Code, merely changing the title to ''
Pakistan Penal Code The Pakistan Penal Code (; ), abbreviated as PPC, is a penal code for all offences charged in Pakistan. It was originally prepared by Lord Macaulay with a great consultation in 1860 on the behalf of the Government of India as the Indian Penal ...
'' (Act XLV of 1860). Within the Penal Code, Article 377 ("Unnatural Offences") states: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment ... for a term which shall not be less than two years nor more than ten years, and shall also be liable to fine". As part of the
Islamisation Islamization, Islamicization, or Islamification ( ar, أسلمة, translit=aslamāh), refers to the process through which a society shifts towards the religion of Islam and becomes largely Muslim. Societal Islamization has historically occurre ...
of Pakistan, the
Hudood Ordinances The Hudood Ordinances (Urdu ; also Romanized Hadood, Hadud, Hudud; singular form is ''Hadh'' or ''hadd'') are laws in Pakistan that were enacted in 1979 as part of then military ruler Zia-ul-Haq's "Islamisation" process. It replaced parts of the ...
were enacted in 1979, stipulating severe punishments for
adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
, fornication, consuming alcohol and
sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''s ...
. The amendments included corporal and capital punishments, such as whipping of up to 100 lashes and death by stoning if married (for adultery). According to the
United States State Department The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other nat ...
's 2021 ''Country reports on human rights practices: Pakistan'', the Hudood Ordinances have not been enforced "since the 1985 lifting of martial law", and there are no known cases of it being applied to same-sex sexual conduct. No known executions for homosexual activity have occurred.


Pakistan Penal Code of 1860

Relevant sections of the penal code are as follows: * Article 141 – An assembly of five or more persons is designated an "unlawful assembly" if the common object of the persons composing that assembly is... to commit any mischief or criminal trespass, or other offence. * Article 153 – Whoever by words, either spoken or written, or by signs, or by visible representations, or otherwise, induce or attempts to induce any student, or any class of students, or any institution interested in or connected with students, to take part in any political activity which disturbs or undermines, or is likely disturb or undermine, the public order shall be punished with imprisonment which may extend to two years or – with fine or with both. * Article 268 – A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. * Article 269 – Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. * Article 270 – Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. * Article 290 – Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to six hundred rupees. * Article 292 – Prohibits the sale, distribution, exhibition, ownership or importation of any, "obscene" books, pamphlets, or other literature or images. * Article 294 – Prohibits any "obscene" public acts, songs, music or poems. * Article 371A – Whoever sells, lets to hire, or otherwise disposes of any person with intent that such a person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person shall at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine. * Article 371B – When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. For the purposes of this section and section 371B, "illicit intercourse" means sexual intercourse between persons not united by marriage. * Article 377 – Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than two years nor more than ten years, and shall also be liable to fine. Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. * Article 496 – Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall be liable to fine.


Constitutional rights

The
Pakistani Constitution The Constitution of Pakistan ( ur, ), also known as the 1973 Constitution, is the supreme law of Pakistan. Drafted by the government of Zulfikar Ali Bhutto, with additional assistance from the country's opposition parties, it was approved by ...
does not explicitly make mention of
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
or
gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the ...
. It does contain certain provisions that may impact the constitutional rights of LGBT Pakistani citizens. * Part II 37. The government pledges to promote Islamic values among its Muslim citizens, to protect marriage and the family and to oppose obscenity. * Part IX 227. Islam is the official state religion, and all laws, rules, regulations and other such legislation must be compatible with Islam, as defined by a government appointed Islamic council.


Discrimination protections

No civil rights legislation exists to prohibit public or private sector discrimination on the basis of sexual orientation. However, since 2018, discrimination on the basis of gender identity is prohibited in a wide range of areas, including employment, education, health care, access to goods and services, housing and public office. The International Commission of Jurists summarises the coverage of the act: The Green Party of Pakistan has expressed some support for LGBT rights, but most political parties either ignore the issue of LGBT rights or oppose LGBT rights on religious grounds. Sociologists Stephen O. Murray and Badruddin Khan have written that the penal laws themselves are rarely enforced directly, but are used by the police and other private citizens as a form of blackmail. In March 2012, at the
Human Rights Council The United Nations Human Rights Council (UNHRC), CDH is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. ...
, Hina Jilani, who was then also Chair of the
Human Rights Commission of Pakistan The Human Rights Commission of Pakistan ( ur, ) (HRCP) is an independent, democratic non-profit organisation. Founded in 1987, it is one of the oldest human rights organisations in the country. HRCP is committed to monitoring, protecting a ...
and former
Special Representative of the Secretary-General A Special Representative of the Secretary-General is a highly respected expert who has been appointed by the Secretary-General of the United Nations to represent them in meetings with heads of state on critical human rights issues. The representati ...
, said,
it was very important to emphasise that a serious obstacle was the persistent denial of protection for people from violence on the basis of sexual orientation and gender identity. That denial and rejection were not prudent for any Government that claimed the commitment to the promotion and protection of human rights. It was not convincing when culture and religion were used as a shield and an excuse for failure to protect. There was no notion of responsibility that allowed duty bearers to selectively hold out on protection.


Gender identity and expression

In most
South Asia South Asia is the southern subregion of Asia, which is defined in both geographical Geography (from Greek: , ''geographia''. Combination of Greek words ‘Geo’ (The Earth) and ‘Graphien’ (to describe), literally "earth descr ...
n nations, there is a concept of
third gender Third gender is a concept in which individuals are categorized, either by themselves or by society, as neither man nor woman. It is also a social category present in societies that recognize three or more genders. The term ''third'' is usuall ...
where members are referred to by society as neither man nor a woman. Pakistan is no different and has a vibrant culture of '' hijras'' (). While the term is commonly used in South Asia, it is considered derogatory in
Urdu Urdu (;"Urdu"
'' khawaja sara'' () is used instead. They are sometimes referred to as
transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through ...
,
intersex Intersex people are individuals born with any of several sex characteristics including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical bin ...
or
eunuch A eunuch ( ) is a male who has been castrated. Throughout history, castration often served a specific social function. The earliest records for intentional castration to produce eunuchs are from the Sumerian city of Lagash in the 2nd millenni ...
s in English language publications. Like transgender people in many countries, they are sometimes the subjects of ridicule, abuse, and violence. That said, they enjoy a certain level of acceptance due to their position in precolonial society. For example, they are welcome at weddings where they will dance as entertainment for the men, and are also welcome among the women. In Punjabi, there are referred to as ( ਖੁਸਰਾ) and in Sindhi, as ( کدڙا). Their presence in society is usually tolerated and are considered blessed in the Pakistani culture. Most ''khawaja saras'' are deemed to have been direct cultural descendants of the court eunuchs of the
Mughal era The Mughal Empire was an early-modern empire that controlled much of South Asia between the 16th and 19th centuries. Quote: "Although the first two Timurid emperors and many of their noblemen were recent migrants to the subcontinent, the d ...
. Thought to be born with genital dysphoria and afraid that they might curse one their fate, people listen to their needs, give them alms, and invite their presence at various events and functions, e.g., birth of a child,
circumcision Circumcision is a procedure that removes the foreskin from the human penis. In the most common form of the operation, the foreskin is extended with forceps, then a circumcision device may be placed, after which the foreskin is excised. Top ...
s, or weddings. This mysteriousness that shrouds their existence was born of the fact that the khawaja sara communities live a very secretive life. In 2004, it was reported that
Lahore Lahore ( ; pnb, ; ur, ) is the second most populous city in Pakistan after Karachi and 26th most populous city in the world, with a population of over 13 million. It is the capital of the province of Punjab where it is the largest city ...
alone has 10,000 active
transvestites Transvestism is the practice of dressing in a manner traditionally associated with the opposite sex. In some cultures, transvestism is practiced for religious, traditional, or ceremonial reasons. The term is considered outdated in Western ...
. People have started accepting
sex reassignment surgery Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and a ...
to change their sex as a norm as compelled by gender dysphoria. There are situations where such cases have come into the limelight. A 2008 ruling at Pakistan's
Lahore High Court The Lahore High Court () is based in Lahore, Pakistan. It was established as a high court on 21 March 1882. The Lahore High Court has jurisdiction over Punjab (Pakistan). The High Court's principal seat is in Lahore, but there are benches in th ...
gave permission to Naureen, 28, to have a sex change operation, although the decision was applicable only towards people suffering from gender dysphoria. In 2009, the Pakistani Supreme Court ruled in favour of a group of transvestites. The landmark ruling stated that as citizens they were entitled to the equal benefit from the federal and provincial governments' financial support schemes such as the Benazir Income Support Programme (BISP). Pakistan's Chief Justice,
Iftikhar Chaudhry Iftikhar Muhammad Chaudhry ( ur, ; born 12 December 1948) is a Pakistani jurist who served as the 20th Chief Justice of Pakistan over three non-consecutive terms from 29 June 2005 to 11 December 2013. Chaudhry began practice as an advocate of ...
, was the architect of major extension of rights to Pakistan's transgender community during his term. In 2010, the Supreme Court ordered the full recognition of the transgender community, including the provision of free medical and educational facilities, microcredit schemes and job quotas for transgender people in every government department. They did not order protections for transgender people against discrimination in public services or housing. In 2017, the Lahore High Court ordered the Government to include transgender people in the national census. In February 2018, a Senate committee determined that transgender people could inherit property without being required to have their gender decided by a medical board. In May 2019,
Shireen Mazari Shireen Mehrunnisa Mazari ( ur, ) is a Pakistani politician who served the Federal Minister for Human Rights, from 20 August 2018 to 10 April 2022. She is the chairperson of the Parliamentary Committee on Appointment of Chief Election Commi ...
, the Federal Minister for Human Rights, appointed Ayesha Moghul, a transgender woman to her department for the first time.


Transgender Person (Protection of Rights) Act 2018

Under the ''Transgender Person (Protection of Rights) Act 2018'' ( ur, مُتَجَنَّس افراد کے لیے (تحفظ حقوق) قانون 2018ء), Pakistanis may choose to self-identify as male, female, both or neither. They may express their gender according to their own preferences, and they may have their gender identity of choice reflected on their documents, "including National Identification Cards, passports, driver's licenses and education certificates." The act ensures transgender people's "fundamental rights to inheritance, education, employment, vote, hold public office, health, assembly, and access to public spaces and property. It confirms that they enjoy all the rights that the nation’s constitution grants to its citizens." The act defines "transgender person" as someone with a "mixture of male and female genital features or congenital ambiguities", or, a male who "undergoes genital excision or castration", or, more broadly, "any person whose gender identity and/or gender expression differs from the social norms and cultural expectations based on the sex they were assigned at the time of their birth," which allows people to self-identify as such. They are guaranteed the right to inherit assets and to run for public office. The law has been widely hailed by Pakistani transgender activists as progressive in its language and scope. Mehlab Jameel, an activist and researcher who worked with the Parliamentarians to draft the law, said that "This kind of development is not only unprecedented in Pakistani history, but it's one of the most progressive laws in the whole world." The bill unanimously passed the Pakistani Senate in early March 2018. On 8 May 2018, the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...
voted to pass the bill. It was signed into law when acting President Muhammad Sadiq Sanjrani gave his assent on 18 May 2018. In August 2018, the School Education Department of the largest province in the country,
Punjab Punjab (; Punjabi: پنجاب ; ਪੰਜਾਬ ; ; also romanised as ''Panjāb'' or ''Panj-Āb'') is a geopolitical, cultural, and historical region in South Asia, specifically in the northern part of the Indian subcontinent, comprising a ...
, instructed its officials to guarantee equal access to schools to transgender children as per the ''Transgender Persons (Protection of Rights) Act 2018''. The department told its officials to include their gender when they are being admitted to schools and give equal importance to transgender children during enrolment drives. The department instructed its officials that the instructions were binding on government as well as privately owned schools in the province.
Punjab Punjab (; Punjabi: پنجاب ; ਪੰਜਾਬ ; ; also romanised as ''Panjāb'' or ''Panj-Āb'') is a geopolitical, cultural, and historical region in South Asia, specifically in the northern part of the Indian subcontinent, comprising a ...
became the first province to take practical steps in the implementation of the Act.


Acceptance in media and popular culture


Gay and lesbian

On 9 June 2016, Vice News released a short documentary in which they showed different members of the LGBT community in
Lahore Lahore ( ; pnb, ; ur, ) is the second most populous city in Pakistan after Karachi and 26th most populous city in the world, with a population of over 13 million. It is the capital of the province of Punjab where it is the largest city ...
. Young men who are sex workers were shown in the video and they explained the difficulties of being gay in Pakistan. The documentary also focused on some underground organisations that work for basic human rights for the LGBT community. In the film, there is a short clip shown of a young boy getting beaten up and is later sodomised with a tree branch after he was caught in homosexual acts by conservative religious society members. It also displayed how gay and transgender people use social media apps like Tinder to get in contact with other people of the community. However, this documentary, made in collaboration with Google's technology incubator Jigsaw, has been criticised by some for its sensational approach and blatantly showcasing Google's agenda of juxtaposing empowerment through digital technologies such as
Tinder Tinder is easily combustible material used to start a fire. Tinder is a finely divided, open material which will begin to glow under a shower of sparks. Air is gently wafted over the glowing tinder until it bursts into flame. The flaming tinder i ...
and the collective backwardness and oppression as shown through the blurred video of the young boy being beaten.


Transgender

In 2005,
Ali Saleem Ali Saleem (Urdu: علی سلیم), best known by his alter-ego Begum Nawazish Ali, is a Pakistani television host, actor, scriptwriter and impressionist. He became a contestant in Bigg Boss 4 in 2010. He broke into the mainstream audiences th ...
, 28, the son of an army colonel, appeared on
Geo TV Geo Television Network is a television channel based in Pakistan. It was established in May 2002 and is owned by the Jang Media Group. The channel began its test transmission on 14 August 2002, with regular transmission beginning on 1 October 2 ...
's ''Hum Sub Umeed Se Hain'' as cross-dressed Benazir Bhutto. So loved were his performances that he has taken to act to extremes on-air and presents his own talk show where he appears as a dragged-up character named
Begum Nawazish Ali Ali Saleem (Urdu: علی سلیم), best known by his alter-ego Begum Nawazish Ali, is a Pakistani television host, actor, scriptwriter and impressionist. He became a contestant in Bigg Boss 4 in 2010. He broke into the mainstream audiences thro ...
. Begum would almost always interview influential politicians, e.g.
Naimatullah Khan Naimatullah Khan (1 October 1930 – 25 February 2020) was a Pakistani politician who served as the City Nazim (Mayor) of Karachi from August 2001 to June 2005. Early life and career He graduated from Punjab University with a Masters in Jou ...
who was a member of
Jamaat-e-Islami Pakistan Jamaat-e-Islami (JI; Urdu: , "Islamic Congress"), or Jamaat as it is simply known, is an Islamist political party which is based in Pakistan and it is the Pakistani successor to Jamaat-e-Islami, which was founded in colonial India in 1941. It ...
and former
Mayor of Karachi Mayor of Karachi (Urdu: ) is the executive of the Karachi metropolitan corporation and the Karachi local government system of the city of Karachi which is the third tier of governance in Pakistan after Federal and provincial governments. Pre ...
. His character self is often compared to
Dame Edna Everage Dame Edna Everage, often known simply as Dame Edna, is a character created and performed by Australian comedian Barry Humphries, known for her lilac-coloured ("wisteria hue") hair and cat eye glasses ("face furniture"); her favourite flower, t ...
. To raise awareness of LGBT issues, author Eiynah published a children's book called ''My Chacha is Gay''. Toronto LGBT bookstores have added the book to their shelves in recent years. The topic of LGBT issues remains taboo in Pakistan to discuss, despite curiosity. Relative to its total Google searches, for the year ending 15 June 2013, Pakistan was the world leader for searches of the term "shemale sex", second in the world for searches of "man fucking man", and third in the world for searches of "gay sex pics". In June 2016, a small clerical body in Lahore known as Tanzeem Ittehad-i-Ummat declared transgender marriages legal under Islamic law. In November 2016, Kami Sid, a transgender activist, did a photoshoot with photographer Haseeb M. Siddiqui, stylist Waqar J. Khan and makeup artist Nighat Misbah, as a form of protest against the atrocities committed against transgender people in Pakistan. One such atrocity was the death of transgender woman, Alisha. The woman died while staff mocked and belittled the patient and her friends; treatment was significantly delayed while staff decided whether her care should occur in a male ward or female ward. While Pakistan has addressed a "third" gender when identifying transgender people, Sid believes more can be done. Sid is quoted as saying "We have to understand that by just mentioning the third gender identity on your CNIC, the state has not done enough. It is not enough that the government has fixed a two percent job quota either. No! It’s a protracted fight that we have to continue to get equal opportunities". Prior to the photoshoot, Sid had already been a part of two documentaries ''How Gay is Pakistan?'' and ''Chuppan Chuppai'' to shed light on what it means to be transgender in Pakistan. In January 2017, Sid discussed a new movie she was starring in, ''Rani'', in which she played a transgender woman who finds an abandoned baby and raises it as her own. Hina Pathani, another prominent transgender activist, starred alongside Kami Sid in ''Rani.'' The movie was directed by Hammad Rizvi, and produced by GrayScale. Sid was hopeful that it would have a positive impact on Pakistan's societal view of transgender people, much like the photoshoot. Sid was helpful in the development of the show by providing advice on the preconceived notions of transgender people in the TV show ''Khuda Mera Bhi Hai''. Asma Nabeel, the writer of the show, consulted Sid for guidance on transgender questions. Kami Sid was also accused of rape and sexual assault after which Aurat March organisers removed her from serving as a part of their organising team in 2018. Though Sid rejects the allegations, Aurat March organisers issued a statement that she intimidated them. Kami Sid's participation in the PR campaign ''Change The Clap'' has also been critiqued for appeasing neoliberal forces and ignoring local practices of the Khawaja Sira community. In March 2017, a well-known music band featured a transgender model
Rimal Ali Rimal Ali Shah ( ur, ) is a Pakistani transgender model and professional dancer. She made her film debut in 2018 with ''Saat Din Mohabbat In''. In March 2017, a well-known music band featured her as a transgender person in their music video. Whe ...
in their music video. Rimal Ali has performed as an actress and model in many music videos to further her career. In March 2017, Mani AQ became the first transgender man in Pakistan's history to officially register himself as male. Mani is a well known human rights activist and also one of the task force team members who were closely involved during the Transgender Act 2018 and now involved in the Provincial bill for Transgender Person Protection of Rights. He is actively working on the implementation of the Act, inclusion of transgender men in policies, and for visibility of transgender men in Pakistan. In 2018, Nisha Rao attained her law degree from Karachi's
Sindh Muslim Law College The Sindh Muslim Government Law College (Urdu: سنده مسلم گورنمنٹس لا کالج) or S. M. Law College (Urdu: ایس ایم لاء کالج) is one of the oldest law schools of Pakistan, situated in Karachi, Sindh. The college has ...
and became Pakistan's first transgender lawyer. In early 2019 the word ''transgender'' appeared for the first time in the Urdu language, translated as () by the Lahore-based organisation, HOPE - Have Only Positive Expectations. Before this, no term or translation existed to cover the whole transgender spectrum in Urdu. The new term encompasses transgender women (MTF), transgender men (FTM), non-binary people, , and other gender expressions. In 2020, a transgender woman named Gul Panra was shot dead in the Pakistani city of
Peshawar Peshawar (; ps, پېښور ; hnd, ; ; ur, ) is the sixth most populous city in Pakistan, with a population of over 2.3 million. It is situated in the north-west of the country, close to the International border with Afghanistan. It is ...
. This is the latest case of attacked on the LGBT community in the county. Along with her, a friend of Gul's were also injured, but escaped death. Since 2015, it is reported that 68 transgender people were murdered in Pakistan. However, a total of 479 transgender people were attacked since 2018 in the Pakistani province of
Khyber-Pakhtunkhwa Khyber Pakhtunkhwa (; ps, خېبر پښتونخوا; Urdu, Hindko: خیبر پختونخوا) commonly abbreviated as KP or KPK, is one of the four provinces of Pakistan. Located in the northwestern region of the country, Khyber Pakhtunkhwa ...
alone. But, these figures may not include the actual figure, as recording of anti-trans violence is poor.


Living conditions

Several incidents of
pederasty Pederasty or paederasty ( or ) is a sexual relationship between an adult man and a pubescent or adolescent boy. The term ''pederasty'' is primarily used to refer to historical practices of certain cultures, particularly ancient Greece and an ...
by clerics towards young boys at religious schools ('' madrasahs'') have been reported. It is difficult for the victims to get justice in these situations because the public does not want to believe that a cleric could engage in pederasty and the victims, young boys who are forced to be the receptive partner in anal intercourse, are often perceived as being gay and are thus subjected to social hostility and even legal sanctions. While the LGBT community is not ready to tackle such abuse and prejudices, a growing number of gay and bisexual men are creating social networks. Metropolitan areas like
Lahore Lahore ( ; pnb, ; ur, ) is the second most populous city in Pakistan after Karachi and 26th most populous city in the world, with a population of over 13 million. It is the capital of the province of Punjab where it is the largest city ...
and
Karachi Karachi (; ur, ; ; ) is the most populous city in Pakistan and 12th most populous city in the world, with a population of over 20 million. It is situated at the southern tip of the country along the Arabian Sea coast. It is the former c ...
have seen many gay men, mostly from the middle and upper classes, enjoying themselves at parties aimed at proclaiming their "
gay pride LGBT pride (also known as gay pride or simply pride) is the promotion of the self-affirmation, dignity, equality, and increased visibility of lesbian, gay, bisexual, and transgender (LGBT) people as a social group. Pride, as opposed to s ...
". These usually involve large numbers of men dancing together in huge isolated rooms modelled into a discothèque environment and
making out Making out is a term of American origin dating back to at least 1949, and is used to refer to kissing, including extended French kissing or heavy kissing of the neck (called ''necking''), or to acts of non-penetrative sex such as heavy pett ...
. In 2008, an incident that caught the eyes of passers-by was a group of
cross-dress Cross-dressing is the act of wearing clothes usually worn by a different gender. From as early as pre-modern history, cross-dressing has been practiced in order to disguise, comfort, entertain, and self-express oneself. Cross-dressing has play ...
ed men dancing to
Bollywood Hindi cinema, popularly known as Bollywood and formerly as Bombay cinema, refers to the film industry based in Mumbai, engaged in production of motion pictures in Hindi language. The popular term Bollywood, is a portmanteau of "Bombay" (fo ...
tunes on a rooftop on the day of Basant. An anonymous interviewee told the BBC that he cannot remember an occasion in almost 10 years that he has felt threatened with regards to his sexuality in Pakistan. In 2003, however, three Pakistani men were arrested in the city of Lahore when one of their relatives turned them in for engaging in same-sex sexual acts at a private party. Their punishment was not known. In 2005, a man named Liaquat Ali, 42, from the Khyber region bordering
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
married fellow tribesman Markeen, 16, with the usual pomp and show associated with tribal weddings. Upon hearing of the man's religious infidelity, a tribal council told the pair to leave the area or face death. Where men are now opening up to sexuality, lesbianism has lesser exposure in the country and publicised events of women indulging in same-sex relationships are rare. One such court case, decided in 2008, displayed the same disapproving attitude towards a lesbian relationship as it would have towards two men involved. In 2016, a 23-year-old activist named Alisha was shot seven times and was taken to Lady Reading Hospital in
Peshawar Peshawar (; ps, پېښور ; hnd, ; ; ur, ) is the sixth most populous city in Pakistan, with a population of over 2.3 million. It is situated in the north-west of the country, close to the International border with Afghanistan. It is ...
, where she was left to bleed to death as the staff argued over whether they should take Alisha to the men's ward or women's ward. Alisha's friends reported that the men discrimined against and taunted them, asked if Alisha's blood was "
HIV-positive The human immunodeficiency viruses (HIV) are two species of ''Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the immun ...
" and asked for her friend's phone number to invite her to a dance party. Alisha was an avid activist for the transgender community and worked hard all her life to make a living. Alisha's friend Farzana said that transgender people are easily targeted as they are weak and have no social status. Even though the Government has passed laws in favour of transgender people, the locals tend to not accept them and deny them basic education and healthcare. The morning after Alisha's death, an activist group called Trans Action posted a status on Facebook directed to the local authorities saying, "Kill all of us." In November 2017, a transgender woman was gunned down in Peshawar. Initial reports from the police suggest that the perpetrator was closely related to the victim and that it might be an incident of
honour killing An honor killing (American English), honour killing (Commonwealth English), or shame killing is the murder of an individual, either an outsider or a member of a family, by someone seeking to protect what they see as the dignity and honor of t ...
. In 2017, in an interview with Manchester Evening News, a 40-year-old woman who used the name Zayna talked about her life as a lesbian Muslim in Pakistan before she moved to the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
. She talked about how she had to face major beatings and a lot of discrimination. She was told she cannot be a lesbian if she is a Muslim and was told to leave her university and workplace because of her sexuality. Some
transgender women A trans woman or a transgender woman is a woman who was assigned male at birth. Trans women have a female gender identity, may experience gender dysphoria, and may transition; this process commonly includes hormone replacement therapy and ...
in Pakistan use hormones and silicone to bring focus on their feminine characteristics; however, this is usually done in terrible medical conditions without proper equipment and supervision, as expensive
sex change Sex change is a natural or artificial process in which an individual's sex is changed. Sex change may also refer to: Biology and medicine *Sex reassignment therapy *Sex reassignment surgery *Sequential hermaphroditism, a phenomenon whereby some ...
surgeries in Pakistan are not done mostly due to lack of education on the topic and the taboos of society. Even though the Pakistani government recognises a third gender on ID cards, many people from the transgender community are hesitant to apply for it as they will not be allowed to enter the holy city of
Mecca Mecca (; officially Makkah al-Mukarramah, commonly shortened to Makkah ()) is a city and administrative center of the Mecca Province of Saudi Arabia, and the holiest city in Islam. It is inland from Jeddah on the Red Sea, in a narrow ...
in
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
as a transgender person.


Government stance


UNHRC vote

The Pakistani Government has always shown resistance towards the issue of
LGBT rights Rights affecting lesbian, gay, bisexual, and transgender ( LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality. Notably, ...
and never hid its intolerance. A United Nations vote cast on 25 April 2003 on issues of LGBT human rights was derailed at the last minute by an alliance of five disapproving Muslim countries, including Pakistan. The others were
Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Medit ...
,
Libya Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to the east, Suda ...
,
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
and
Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
. The countries delayed their votes to stall the process and proposed amendments that were meant to kill the measure deliberately, removing all references to discrimination on the basis of sexual orientation, rendering the resolution meaningless. The resolution was tabled by
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
with support from 19 of the 53 member countries of the
UN Human Rights Commission The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of t ...
(UNHRC) in
Geneva , neighboring_municipalities= Carouge, Chêne-Bougeries, Cologny, Lancy, Grand-Saconnex, Pregny-Chambésy, Vernier, Veyrier , website = https://www.geneve.ch/ Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevr ...
. It called on member states to promote and protect the human rights ''of all persons, regardless of their sexual orientation''.


Politics

Political parties, interest groups and other political organisations in Pakistan are required to support Islam and public morality. The small
Green Party A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence. Greens believe that these issues are inherently related to one another as a foundation f ...
has expressed some support for LGBT rights, but political groups tend to avoid the issue or express opposition. Transgender people are treated differently, at least on paper, than gay, lesbian and bisexual people. Pakistani citizens who are transgender or a member of the third gender are a recognised minority group and are thus entitled to certain civil rights.


Media

Pakistani media strictly censors LGBT related news stories. In late 2013, the Government of Pakistan censored the website Queerpk.com from being viewed. When a Chinese court accepted to hear a case regarding the issue of same-sex marriage, the news story received substantial international coverage. However, in the Pakistani version of the ''
International New York Times ''The New York Times International Edition'' is an English-language daily newspaper distributed internationally by the New York Times Company. It has been published in two separate periods, one from 1943 to 1967 and one from 2013 to the prese ...
'' ('' Express Tribune''), the picture accompanying the article was censored and a blank space was left on the front page of the newspaper. '' Daily Times'' columnist Farman Nawaz raised several questions about this kind of journalistic approach. In July 2016, a young Pakistani man named Ihsan wrote an article in the UK-based gay e-zine ''Gay Star News'' about his experiences of being gay in Pakistan. He described Pakistani society and laws as hostile towards LGBT people. He wrote, "The status of LGBTI people, socially and legally, is at its worst. LGBTI people face prosecution by the state. And the subject is still taboo – considered too disgusting to talk about." His surname was omitted for his security. While national media and state have censored queer discourses, transnational documentaries such as ''How Gay is Pakistan?'', ''Being LGBT in the Islamic Republic of Pakistan'', and ''Transgenders: Pakistan's Open Secret'' have been critiqued for their neo-colonial, self-othering, disciplinary, and moralistic narratives. Similar documentaries made on other countries such as Uganda and Turkey have been critiqued for their tourist gaze, inadequate research, sweeping statements, and sensational approaches that create binary between sexually empowered Western countries and sexually backward rest of the world.


HIV/AIDS

One of the issues that has opened up public discussion about LGBT rights has been the effort to combat the spread of HIV/AIDS among men who have sex with other men, but who do not necessarily identify as being gay or bisexual.
UNAIDS The Joint United Nations Programme on HIV and AIDS (UNAIDS) (, ONUSIDA) is the main advocate for accelerated, comprehensive and coordinated global action on the HIV/AIDS pandemic. The mission of UNAIDS is to lead, strengthen and support an ...
official reports suggest that they are targeting night truck drivers who are known for having sex with younger men. The AIDS pandemic first arose in Pakistan in 1987, and government reports estimate (as of 2004) that nearly 3,000 Pakistanis were living with the syndrome, although several critics believe that the Government is underestimating the problem. It is believed that the number may have risen to somewhere between 70,000 and 80,000 people,Adams, Noah (National Public Radio broadcast, 3 August 2004). Homosexuality Apparently Thriving in Pakistan Despite Severe Punishments. and possibly as high as 210,000 (as in the UNAIDS Pakistan reports). Today, a small number of organisations exist in Pakistan to promote greater education about HIV/AIDS, including the Association for People Living With AIDS/HIV in Pakistan, which was created in 2006. One of the few public educators is a woman named Shukria Gul, who was infected by her husband. She has been fighting ever since to raise awareness of the virus, and has been highly critical of the Government's efforts. Ignorance about the virus, and how it is spread, is commonplace; this is particularly true among people performing high-risk behaviour such as
prostitutes Prostitution is the business or practice of engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, non-penet ...
. Pakistani prostitutes do not have access to condoms or
contraception Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
, and there is little effort to provide any sort of public health education for this high-risk group. Where there was no public call for tolerance or acceptance of LGBT people, the subject of sexual orientation and gender identity are becoming more openly discussed, especially in light of the HIV/AIDS pandemic. A survey done in 2009 showed that male and transgender
sex worker A sex worker is a person who provides sex work, either on a regular or occasional basis. The term is used in reference to those who work in all areas of the sex industry.Oxford English Dictionary, "sex worker" According to one view, sex work i ...
s in Pakistan were at high risk of HIV/AIDS mostly as they had sex with IDU clients. Because of lack of knowledge and education on this topic, the health of sex workers is at risk.


US Embassy Islamabad incident

On 4 July 2011, the US Embassy in Islamabad hosted an LGBT event in support of gay rights in Pakistan. The embassy described the event as its first gay, lesbian, bisexual and transgender pride celebration. Jamaat-e-Islami and other groups of religious conservatives in Pakistan condemned the event and went on a protest. Over 75 people attended, including Pakistani LGBT organisation advocates. Many Pakistanis were greatly offended by this and called this event an act of "social and cultural terrorism against the country". In news speculation, it was also said by religious leaders that homosexuals cannot be "Pakistani" or "Muslim". ''
Dawn Dawn is the time that marks the beginning of twilight before sunrise. It is recognized by the appearance of indirect sunlight being scattered in Earth's atmosphere, when the centre of the Sun's disc has reached 18° below the observer's hori ...
'' wrote that it was seen as the second most dangerous attack from the US to Pakistan after dropping missiles as this issue was so serious. Violence against the LGBT community raised a lot after this controversial incident. The US Deputy Chief of Mission Ambassador Richard Hoagland replied back to the backlash saying that the US will fight for equal rights for everyone regardless of their
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
and that the embassy will support anyone from the LGBT community. However, many LGBT advocates from Pakistan were not in support of everything that had happened and thought that the public eye was not what was needed for the LGBT community.


Public opinion

Public opinion regarding LGBT politics is complex. In June 2013, the Pew Research Center stated that of 39 countries studied, Pakistan was one of the least accepting of homosexuality with 87% of those surveyed saying "Homosexuality should not be accepted by society". According to a 2017 poll carried out by
ILGA Ilga or ILGA may refer to: * Ilga (river), a river in Russia, tributary of the Lena * International Lesbian, Gay, Bisexual, Trans and Intersex Association, or ILGA * Illinois General Assembly, in the United States * Ilga, a Latvian feminine given na ...
, a plurality of 45% of Pakistanis agreed that gay, lesbian and bisexual people should enjoy the same rights as straight people, while 36% disagreed (with rest being undecided). Additionally, 41% agreed that they should be protected from workplace discrimination. 46% of Pakistanis, however, said that people who are in same-sex relationships should be charged as criminals, while 31% disagreed. As for transgender people, 49% agreed that they should have the same rights, 51% believed they should be protected from employment discrimination and 44% believed they should be allowed to change their legal gender. According to a
World Values Survey The World Values Survey (WVS) is a global research project that explores people's values and beliefs, how they change over time, and what social and political impact they have. Since 1981 a worldwide network of social scientists have conducte ...
from 2017 to 2020, 44% of Pakistanis said that same-sex couples are as good parents as heterosexual couples, while 31% disagreed. In the same survey, 59% of Pakistanis said they would accept a homosexual neighbour, while 41% would not.


Summary table


See also

*
Human rights in Pakistan The situation of Human Rights in Pakistan ( ur, ) is complex as a result of the country's diversity, large population, its status as a developing country and a sovereign Islamic democracy with a mixture of both Islamic and secular law. The Const ...
* Al-Fatiha Foundation *
LGBT rights in Asia Lesbian, gay, bisexual, and transgender (LGBT) rights in Asia are limited in comparison to many other areas of the world. Same-sex sexual activity is outlawed in at least twenty Asian countries. While at least eight countries have enacted protect ...
* LGBT history in Pakistan *
Transgender Persons (Protection of Rights) Act, 2018 The Transgender Persons (Protection of Rights) Act, 2018 is law in Pakistan which was enacted by the parliament in 2018 to legally provide equality to transgender people and to safeguard their rights. The law aims to legally recognise transgend ...
* Prostitution in Pakistan * Death penalty for homosexuality


References


External links

* {{Use dmy dates, date=September 2019 Law of Pakistan