LGBT rights in Pakistan

LGBT Rights Pride flag of Pakistan.

LGBT flag map of Pakistan.

Since 6 October 1860, it has been a crime to participate in homosexual acts. Unlike in India, this Section 377 of the British Indian penal code (Law) is still the law. Homosexuality is also thought of as a taboo vice in Pakistan. There is not a lot of opposition to the law. If individual orientation and acceptance is not enough, young boys in some cases are forced to delve into sexual activities with older predatory men. The major religions in Pakistan do not say that homosexuality is okay. Because of this, many people in the country do not like homosexuality and other forms of alternative sexual orientation. The LGBT community can socialize, organize, date, and even live together as couples, but they have to mostly do it in secret.

Changes in society

A typical Pakistani profession; He was bullied through out his school years for being different compared to the other Asian boys in his secondary school years.

Pakistan is officially an Islamic Republic. However, in reality, Pakistan is largely secular. It mainly has Anglo-Saxon laws which were inherited from the British. It is slowly becoming more liberal. Globalization and social tolerance are also increasing. Because of this, public gay parties have been taking place in the country, and these parties have been thriving for a number of years.

Laws

See the main article: Transgender Persons (Protection of Rights) Bill, 2017

The Constitution of Pakistan does not mention sexual orientation or gender identity. There are certain parts in the Constitution that may affect the rights of LGBT Pakistani citizens. In 2018, Parliament 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 ruled in favour of civil rights for transgender citizens, and further court rulings upheld and increased these rights. Pakistan does not have civil rights laws to stop discrimination or harassment on the basis of sexual orientation. Same-sex marriages or civil unions are not allowed. There are more people—especially those born to parents who have been educated in the developed world, who are usually University graduates and have some sort of understanding about evolution and sexuality—who are Coming out to their friends and introducing them to their same-sex partner.

Transsexualism and Intersexuality

A thriving community of hijras and transsexual people cross-dressed as females protest in Islamabad.

Most South Asian nations have a concept, or idea, called "hijra", or third gender. While the term is commonly used in South Asia, it is considered derogatory in Urdu. The term Khawaja Sara is used instead. They are sometimes referred to as Transgender, Intersex or Eunuchs in English language publications. People who belong the third gender are thought of as being neither man nor woman. In Pakistan, there is a lively culture of hijras. They are sometimes called transsexuals in English writings. Like transgender people in many countries, hijras are sometimes made fun of, abused, or treated violently. They are accepted in some ways. This is because of the position they held in precolonial Desi society. At weddings they often dance as entertainment for the men. They are also welcome among the women. As most of the government and business documents in Pakistan are in English, the term "third gender" has been chosen to represent individuals that identify themselves as transsexual, a transgender person, a cross-dresser, a transvestite or as Eunuchs.

Hijras are usually tolerated in Pakistani society. They are thought of as blessed in the Pakistani culture. Most hijras are thought to be cultural descendants (or relatives) of court eunuchs from the Mughal era. Hijras are thought to be born with Genital dysphoria. People sometimes feel afraid that the hijras might curse them so that they become the same way. Because of this, people listen to the hijras' needs, give them alms (or charity), and invite them to events and special occasions, like the birth of a child, a child's circumcision, or weddings. Hijra communities live a very secretive life. Because of this, many people see the hijras as mysterious.

The Asian slur Gandu is usually a pejorative term used to refer to effeminate gay men. It is often rooted and shortened to Gaand. That is an Indian/Pakistani slang/swear word. It would translate to 'of the Arse'. The English translation for subtitles is often 'Arsehole' or rudely as Bummer/Bumsex). It is the same contexed offensive word used as in the Occidental term of faggot for gay men.

Main articles: Hijra Farsi and Hijra (South Asia)

2000s

See the main article: Human rights in Pakistan

In 2004, it was reported that Lahore alone has 10,000 active transvestites.

People started accepting acts of Sex reassignment surgery to change their sex as compelled by Gender dysphoria. Some such cases have come into the limelight. A 2008 ruling at Pakistan's Lahore High Court gave permission to Naureen, 28, to have a sex change operation, although the decision was applicable only towards people suffering from gender dysphoria.

2010s

See the main article: Tanzeem Ittehad-I-Ummat

On the 18th of June in 2016 a small clerical body in Lahore know as Tanzeem Ittehad-I-Ummat declared Transgender marriages legal under Islamic law. These clerics are affiliated to the Pakistan-based organization issued a Fatwa on Pakistani transgender people where a trans woman (born male) with "visible signs of being a woman" is allowed to marry a man, and a trans man (born female) with "visible signs of being a man" is allowed to marry a woman. Pakistani transsexuals can also change their gender. Muslim ritual funerals also apply. Depriving transgender people of their inheritance, humiliating, insulting or teasing them were also declared Haraam. Although there are no Fatāwās by a Mufti for it or against the ("Zenanas") or Eunuchs and Hermaphrodites within the country, that remains a debatable issue for the existing various sexual minority diverse communities.

On the 5th of February in 2018, a Senate committee determined that transgender people could inherit property without being required to have their gender decided by a medical board. Some hijras 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 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 recognizes a third gender on ID cards, many people from the LGBT community do not apply for it as they will not be allowed to enter the holy city of Mecca in Saudi Arabia as a transgender person.

LGBT Pakistani history

See the main article: Male prostitution in Pakistan

Two aristocratic Muslim men have Oral sex.

Despite the British Raj law, Pakistan was still a very much an open society. Gay Pakistanis had a much better experience in Pakistan than they did in London or elsewhere. But that changed in the 1980s, under Muhammad Zia-ul-Haq, His government took the law to lifetime imprisonment, and even death in certain areas under Sharia law. More and more Wahhabi-style religious schools or madrasas were opened in the country, generally with money from the Middle East as well as teachers educated in that region.

The British Broadcasting Corporation noted in 2005 that gay life in Pakistan was still “less inhibited than in the west.” This is because the culture is much stronger than the laws. People deny the history of gay life in Pakistan. While in Pakistan speaking to the National Public Radio, Pakistani-American scholar Taymiya R. Zaman, an expert in Islamic History, said that “You can’t look at something that already existed – and there is a shrine devoted to it – and now say it was unacceptable.” In March 2012 at the Human Rights Council, Hina Jilani, who was then also Chair of the Human Rights Commission of Pakistan and former Special Representative of the Secretary-General said, "it was very important to emphasize 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 was not prudent for any Government that claimed 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."

Pre-Independent Colonial era (1857-1947)

See the main article: Transgender history in Pakistan

Gay anal sex (Islamic Indian illustration)

The 18th century British colonists in the Mughal-Muslim Indian subcontinent, were repulsed by the sight of Hijras (transgenders) and baffled over why they were accorded so much respect in royal courts and other spheres of life. After deposing the Mughals, and in discharging the white man’s burden of civilising the inferior races, the British colonists enacted the so-called Criminal Tribes Act, 1871 to declare what they called Eunuchs (transgenders) a criminal tribe on the theory that certain tribes were genetically criminal and must be placed under surveillance. By invoking the power of criminal law the British colonists attacked the dignity of transgender community and eventually forcing them to adopt begging, and prostitution. Transgenders lost their royal status and gradually were excluded from all respectable social circles. In order to survive, some transgenders took to dancing performances at the birth of a new child in the community, collecting Wadhais (tips). Some developed the art of clapping and dancing. Some developed the art of lampooning and were invited to the wedding feasts of the well-to-do to make fun of the groom, the guests, and even the politicians. They played the same role of amusing private gatherings as do late-night TV comedians in the United States. After formal dissolution of the British Empire the Criminal Tribes Act was repealed with respect to transgenders. However, the damage done to transgenders was irreparable. A pejorative word Khusra is in active currency to denigrate the personality of transgenders. Friends might tease a feminine-looking friend as a Khusra. An incompetent politician is called a Khusra. In both modern India and Pakistan, the word Khusra is associated with impotence, incompetence, and powerlessness. In Pakistan, the people have forgotten the spiritual role that the transgenders played in Islam. Transgenders are ridiculed and insulted. Popular TV shows, such as Khabarnaak and Khabardaar, make cruel jokes against transgender community. One of these shows is headed by a lawyer licensed to practice before the high courts of Pakistan.

LGBT politics

See also: Pakistan People's Party, Green Party of Pakistan, and Naz Male Health Alliance

Asia
Same-sex sexual activity legal

  Same-sex marriage

  Foreign same-sex marriages recognized¹

  Other type of partnership (or unregistered cohabitation)

  No recognition of same-sex couples

  Restrictions on freedom of expression

Same-sex sexual activity illegal

  Not Enforced or unclear

  Penalty

  Life in prison

  Death penalty

A number of the more liberal, secular parties in Pakistan to agree in principle to granting rights to various LGBT communities in the country, but are afraid to act too openly or quickly due to fear of extremist religious groups such as the Taliban who are against any such rights.

Such parties and leaders have said that Pakistan needs to be more open, in public, about sexual orientation and gender identity issues. Yet, the sense persists that no public organization, club, or society would be allowed to endorse (or officially support) LGBT human rights, or even act as a social network for LGBT people, in the Islamic State. Only the Pakistan Greens has publicly expressed support for LGBT rights for its citizens in general and abroad and has called for greater public openness and awareness about sexual orientations and gender identity issues.

Surprisingly, 60% of Pakistanis would have no concerns about having a gay or lesbian neighbour, and 32% of Pakistani people support gay marriage.

Pakistani media strictly censors LGBT related news stories. In late 2013, the Government of Pakistan censored the website Queerpk.com from being viewed.

Restoring the Dignity of Transgenders

See the main article: Transgender Persons (Protection of Rights) Act, 2018

In 2009, the Supreme Court of Pakistan ordered that the NADRA issue National Identity Cards to members of the T Community showing their distinct gender.

"It's the first time in the 62-year history of Pakistan that such steps are being taken for our welfare", Almas Bobby, a Khawaja Sara association's president, said to Reuters, "It's a major step towards giving us respect and identity in society. We are slowly getting respect in society. Now people recognize that we are also human beings."

The Supreme Court of Pakistan officially recognised a third gender category for Pakistani passports in December 2018. Pakistan now allows transgender, intersex, and hijra individuals to obtain documents that match their gender identity, whether male, female, or third gender.

World map of nonbinary gender recognition

In 2009, the Pakistan Supreme Court, delivered a ruling, recognizing the dignity of transgenders and declaring them the third gender under the equal protection clause of the Pakistani Constitution. Article 25 states that “There Shall be no discrimination on the basis of sex.” The Supreme Court noted that transgender persons had been neglected “On account of gender disorder in their bodies.” They had been denied the inheritance rights as they were neither sons nor daughters who inherit under Islamic law. To remedy discrimination against transgenders, the Court ordered provincial and federal governments to protect transgenders’ gender identification, right to inherit property, right to vote, right to education, and right to employment. This shall include the recognition of trans identity in legal documents such as passports, ID cards, and driver licenses, and prohibiting discrimination in employment, schools, work-place, public transit, healthcare… etc, as well as the right for inheritance in accordance to their chosen gender. Furthermore, the law tells the government to build protection centres and safe houses for the transgender community.

On the 23rd of September in 2012, the Supreme Court of Pakistan acted in a very bold manner and defied the religious right, by granting for the first time, three basic rights to transsexuals:

• the right to be recognised as a 'Third sex or gender'
• the right to vote as Pakistani citizens as transsexuals and
• the fixation of job quotas in the public/government sector, for transsexual people.

The 'Third gender' was officially protected from discrimination by the Supreme Court of Pakistan in 2010.

On the 9th of January in 2017, the Lahore High Court ordered the Government to include transgender people in the national census. The Pakistan Supreme Court compares transgender persons with “disabled persons“ and articulates their gender status as “gender disorder.” Before the British invasion gender ambiguity and transgender Identity was seen as normal,

On the 29th of December in 2018, Pakistan's first trans pride parade was held in Lahore to celebrate the landmark Transgender rights law passed earlier during that year.

In 2018, Nisha Rao attained her law degree from Karachi's Sindh Muslim Law College and became Pakistan's first transgender lawyer.

In early 2019 The word "TRANSGENDER" translated as مُتَجَنَّس / Mutajannis for the first time in the Urdu language by the Lahore-Pakistan based Organization HOPE - Have Only Positive Expectations. Earlier than this there was no translation which covered the whole Transgender spectrum.

In 2020, a transgender woman named Gul Panra was shot dead in the Pakistani city of Peshawar. This is the latest case of attacked on the LGBT community in the county. Along with her, a friend of was also injured, but escaped death. Gul was a Pashto singer in her professional life. Since 2015, it is reported that 68 transgender people were murdered in Pakistan. A total of 479 transgender people were attacked since 2018 in Khyber Pakhtunkhwa. These figures may not include the actual figure, as recording of anti-trans violence is poor.

LGBT rights in Kashmir (PAK)

See the main article: Human rights in Kashmir

World map of consent-based and coercion-based sexual violence legislation, and whether exemptions for marital rape (spousal rape) exist or not.

Homosexuality is still illegal in the Pakistan-administered Kashmir. Pakistan was one of the 67 signatory nations opposing the UN declaration on Sexual orientation and Gender Identity, which failed to pass. In Kashmir same-sex marriages, civil unions, and domestic partnerships are not recognised. There are no legal protections against discrimination based on sexual orientation or gender identity.

Summary table

Same-sex sexual activity legal	(Penalty: fine or 2 to less than 10 years of imprisonment; varies by region and is rarely enforced: Public safety; Vigilante executions, beatings and torture are also known to be tolerated in Pakistani Society and Mob Lynching Justice can also be an common occurrence unfortunately for these minority communities).
Equal age of consent
Anti-discrimination laws in employment for Pakistani gays, lesbians, and bisexuals	(Since 2018; for Gender Identity Only)
Anti-discrimination laws in employment only for Transgender or Transexual persons	(known as Khuwaja Sira, formerly hijra, or Third Gender)
Anti-discrimination laws in the provision of goods and services for gays, lesbians, and bisexuals	(Since 2018; for Gender Identity Only)
Anti-discrimination laws in the provision of goods and services for	(known as Khuwaja Sira, formerly hijra, or Third Gender)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)	(Since 2018; for Gender Identity Only)
Recognition of same-sex couples
Adoption by same-sex couples
Gays allowed to serve in the Military
Third gender Recognised	(Since 2010)
Right to change Legal Gender	(Since 2010)
Access to IVF for lesbians
Commercial surrogacy for gay male couples

Related pages

• Naz Male Health Alliance