LGBTQ rights in Pakistan

LGBTQ rights in Pakistan
Area controlled by Pakistan shown in dark green; claimed but uncontrolled regions shown in light green.
Legal statusIllegal since 1862; criminalised under Section 377
Penalty
  • 2 years–life imprisonment; fines.
  • (Sharia law can enforce a death penalty but proof requirements are high and no evidence of judicial implementation)
Gender identityThird gender recognised; transgender people allowed to change legal gender
MilitaryNo
Discrimination protectionsGender identity only, not sexuality
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

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.