Rights



LGBT rights in Pakistan

Being open about one's sexual orientation, such as being a lesbian, gay or bisexual person, is considered a taboo in Pakistan. Even in large cities, gays and lesbians have to be highly discreet about their sexual orientation. There is a growing number of individuals—especially those born to parents who have been educated in the developed world, 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.Pakistan's law prescribes criminal penalties for same-sex sexual acts. The Pakistan Penal Code of 1860, originally developed under colonialism, 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 a legal offense, acts of homosexuality are rarely prosecuted in the country.In what was seen as a historic move in 2009, the Supreme Court of Pakistan ruled in favour of the civil rights of transsexual citizens.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 enjoy legal recognition and are scarcely ever brought up in the political discourse. The LGBT community in Pakistan has not officially begun to campaign for LGBT rights and it remains a long distance dream for that community.Discrimination and disapproval of the LGBT community, along with the associated social stigma, mostly stem from religious and patriarchal beliefs and make it difficult for the LGBT people to have steady relationships. Nevertheless, the LGBT community is able to socialize, organize, date and even live together as couples, but usually only secretly:Sexual encounters between same-sex partners are easily accessible, especially in big cities such as Karachi and Lahore, and for gay and bisexual men in particular, with it even being socially accepted to demonstrate their affection. As a result of globalisation, increasing liberalisation trends and advancing social tolerance, private gay parties in Pakistan have been thriving for a number of years.

Summary  og LGBT Right in Pakistan

Same-sex sexual activity illegalNo (Penalty: fine or 2 to less than 10 years of imprisonment; varies by region and is rarely enforced)
Equal age of consentNo
Anti-discrimination laws in employment for gays, lesbians, and bisexualsNo
Anti-discrimination laws in employment only for transgender or transsexual peopleYes (known as Khuwaja Sira, formerly hijra, or Third Gender)
Anti-discrimination laws in the provision of goods and services for gays, lesbians, and bisexualsNo
Anti-discrimination laws in the provision of goods and services for transgender or transsexual individualsYes (known as Khuwaja Sira, formerly hijra, or Third Gender)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)No
Recognition of same-sex couplesNo
Adoption by same-sex couplesNo
Gays allowed to serve in the militaryNo
Right to change legal genderYes (Since 2010)
Access to IVF for lesbiansNo
Commercial surrogacy for gay male couplesNo
MSMs allowed to donate bloodNo


Public opinion

No civil rights legislation exists to prohibit public or private sector discrimination on the basis of sexual orientation or gender identity.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, 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."