LGBTQ rights in Pakistan

Being a lesbian, gay, bisexual or transsexual person is a considered a taboo vice in Pakistan and gay rights are close to non-existent. According to law, homosexuality has been illegal in Pakistan since 1860. Unlike in neighboring India, the law has yet to be repealed. Due to the religious intolerance towards such acts, the public tend to oppose homosexuality and other forms of alternative sexual orientation. Although Pakistan is officially an Islamic Repubic, in practice Pakistan is largely secular with mainly Anglo-Saxon laws inherited from the British. As a result of increasing liberalisation trends and increasing globalisation and social tolerance, there have been many public gay parties taking place in the country and such parties have been thriving for a number of years.

Rights of LGBT people in Pakistan Lesbianism, gay, bisexual, and transgender ( LGBT ) rights in Pakistan are considered taboo. 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 Pakistan Penal Code of 1860, originally developed under the British Raj, punishes sodomy with a possible prison sentence and has other provisions that impact the human rights of LGBT Pakistanis, under the guise of protecting public morality and order. Despite being illegal, acts of homosexuality are not always prosecuted in the country. Discrimination and disapproval of the LGBT community, along with the associated social stigma, mostly stem from religious beliefs and make it difficult for LGBT people to have steady relationships. Nevertheless, the LGBT community is still able to socialize, organize, date, and even live together as couples, if done mostly in secret. Sexual encounters between same-sex partners are more accessible in big cities such as Karachi and Lahore , for gay and bisexual men in particular. As a result of globalisation , increasing liberalisation trends and advancing social tolerance, private gay parties in Pakistan have been increasing for a number of years. In addition, there is a growing number of individuals—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. 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 prohibit discrimination or harassment on the basis of sexual orientation . Neither same-sex marriages nor civil unions are permitted under current law and are scarcely ever brought up in the political discourse. Consensual same-sex sexual conduct is a criminal offense; however, the government rarely prosecuted cases Mobeen Azhar (27 August 2013).

Lesbian, gay, bisexual, and transgender ( LGBT ) people in Pakistan face legal and social difficulties compared to non- LGBT persons. Pakistani law prescribes criminal penalties for same-sex sexual acts. The Pakistani Penal Code of 1860, originally developed under the British Raj , criminalises sodomy with possible penalties of prison sentences from two years to a life sentence and fines. Despite its illegality, homosexual acts are only occasionally prosecuted by authorities in Pakistan . Other morality and public order provisions in the Penal Code are however used to target LGBT Pakistanis. Discrimination and disapproval of the LGBT community and the associated social stigma , 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. Neither same-sex marriages nor civil unions are permitted under current law and are scarcely ever brought up in the political discourse. Pakistan does not have civil rights laws to prohibit discrimination or harassment on the basis of sexual orientation . 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. The Parliament of Pakistan passed the Transgender Persons (Protection of Rights) Act, 2018 , which established broad protections for transgender people. A petition to challenge the Act was filed in 2020 with the Federal Shariat Court of Pakistan. The challenge was based on an argument that rather than protections for transgender rights, the act could in effect decriminalise homosexuality because it distinguished between gender and sex . On 19 May, 2023, the Shariat Court ruled in favour of the petitioners, concluding that Islamic law is based on biological sex, and declaring that sections 2(f), 3 and 7 of the Act, concerning self-perceived gender, do not conform with Islamic principles. Local transgender groups have said they plan to lodge appeals with the Shariat Appellate Bench of the Supreme Court. Until a final ruling is rendered, the provisions of the Act will remain in effect. In addition, the Court's judgement confirmed the legitimacy of a third gender for intersex persons under Islamic law. Consensual same-sex sexual conduct is a criminal offense; however, the government rarely prosecuted cases Bureau of Democracy, Human Rights, and Labor (2022). In practice, though, these laws are rarely enforced, and the issue tends to be dealt with inside the family. "Activists to appeal Pakistani Shariat Court's scrapping of sections of 2018 transgender law" .

It is illegal to be a part of the LGBTQ community in Pakistan, and being a member can result in various punishments given out by the state. Lesbian, gay, bisexual, transgender, and queer people in Pakistan face legal and social difficulties and persecution compared to non-LGBTQ persons. The Pakistani Penal Code of 1860, originally developed under the British Raj , criminalises sodomy with possible penalties of prison sentences from two years to a life sentence and fines. Despite its illegality, homosexual acts are only occasionally prosecuted by authorities, but it is sometimes used to threaten and harass homosexuals under threat of prosecution. Other morality and public order provisions in the Penal Code are used to target LGBTQ Pakistanis as well. Another greater problem can be vigilante policing and killings by Islamist and terrorist groups. Police may also act illegally and arrest LGBTQ individuals despite the law stating otherwise. Discrimination and disapproval of the LGBTQ community and the associated social stigma , which can lead to harassment and violence, make it difficult for LGBTQ people to have steady relationships. Nevertheless, the LGBTQ community is still able to socialise, organise, date, and even—in rare cases—live together as couples, if done mostly in secret. Neither same-sex marriages nor civil unions are permitted under current law and are scarcely ever brought up in the political discourse, with people who have engaged in same-sex marriages being arrested and prosecuted. Pakistan does not have civil rights laws to prohibit discrimination or harassment on the basis of sexual orientation . 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. The Parliament of Pakistan passed the Transgender Persons (Protection of Rights) Act, 2018 , which established broad protections for transgender people. Consensual same-sex sexual conduct is a criminal offense; however, the government rarely prosecuted cases Bureau of Democracy, Human Rights, and Labor (2022). "Country policy and information note: Sexual orientation and gender identity and expression, Pakistan, April 2022 (accessible)" . "Country policy and information note: Sexual orientation and gender identity and expression, Pakistan, April 2022 (accessible)" . In practice, though, these laws are rarely enforced, and the issue tends to be dealt with inside the family.