Laws

PAKISTAN

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Censorship, Freedom of Expression, Free Speech, Right of Assembly Legislation/Cases/References
1.

National

On 31January 2016, it was reported that a picture of gay Chinese couple Sun Wenlin and Hu Mingliang kissing on a bridge in Changsha, China and appearing in the 29 January edition of the International New York Times, was censored by blanking out in the Pakistani edition [R1.2].

On 24 September 2013, the Pakistan Telecommunications Authority (PTA) blocked access to “Queer Pakistan” (queerpk.com) because its content was against Islam and norms of Pakistani society. “QueerPK” is now accessible on new domain name http://humjins.com [R1.1].

R1.2 PinkNews: Gay kiss on New York Times cover censored in Pakistan 31 JAN 16
R1.1 InternationalBusinessTimes: Blasphemous And Contrary To Islam: Pakistan Bans Nationís First Gay Website 26 SEP 13
Discrimination Legislation/Cases/References
1.

Courts & Tribunals

On 09 January 2017, the Lahore High Court reportedly instructed the federal government, National Database and Registration Authority (Nadra) and the Interior Ministry to include the transgender community in the census while hearing a petition filed by a transgender person, Waqar Ali, seeking enforcement of the community's fundamental rights, including enrolment in the upcoming census and issuance of national identity cards specifying their gender [R1.1].

R1.1 sifyNews: On court's order, Pakistan to count its transgenders 09 JAN 17
Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1.

Courts & Tribunals

On 12 October 2011, the Supreme Court ordered the chief secretaries of all four provinces as well as the chief commissioner in Islamabad to submit detailed reports before it rules November 14th on the rights of transgender people in regards to inheritance, observing that transgender people are a "part of our society, who cannot be deprived of their right to inheritance" [R1.1].

R1.1 The Advocate: Pakistan Court To Rule on Trans Inheritance Rights 13 OCT 11
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

On 24 June 2017, in an historic first, Farzana Jan Riaz became the first citizen of Pakistan to carry a passport issued 14 June that allows its bearer to select a gender other than male or female [R1.3].

On 28 June 2016, it was reported that Tanzeem Ittehad-i-Ummat clerics had issued a new non-legally binding fatwa under which a trans woman with 'visible signs of being a female' may marry a male and a trans woman 'with visible signs of being a male' may marry a woman but a trans person carrying 'visible signs of both genders', as in an intersex person, may not marry anyone [R1.2].

On 26 January 2012, the implementation of Supreme Court of Pakistan's decision regarding the right of hijra persons to vote was reported [R1.1].

2.

Courts & Tribunals

On 09 January 2017, the Lahore High Court reportedly instructed the federal government, National Database and Registration Authority (Nadra) and the Interior Ministry to include the transgender community in the census while hearing a petition filed by a transgender person, Waqar Ali, seeking enforcement of the community's fundamental rights, including enrolment in the upcoming census and issuance of national identity cards specifying their gender [R2.4].

On 14 November 2011, Supreme Court Chief Justice Iftikhar Muhammad Chaudhry and Justice Khilji Arif Hussain directed the Election Commission of Pakistan to collect details of hijra persons from the social welfare departments in the provinces where they are registered and take steps to register them as voters. The National Database Registration Authority was ordered to expedite the procedure of issuing Computerized National Identity Cards (CNICs) [R2.3].

On 23 December 2009, the Supreme Court ordered authorities to allow transvestites and eunuchs to identify themselves as a distinct gender, give them national identity cards showing their distinct gender and to take steps to ensure that they were not harassed and to ensure their inheritance rights, as part of a move to ensure their rights [R2.2].

On 14 July 2009, Chief Justice Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali and Justice Jawwad S Khawaja of the Supreme Court in Islamabad ordered that trans people should receive equal protection and support from the government and police [R2.1].

R1.3 TheExpressTribune: First passport issued with gender-neutral 'X' option 24 JUN 17
R1.2 GayStarNews: Pakistan clerics issue religious order making transgender marriages legal 28 JUN 16
R1.1 Asian Correspondent: Pakistanís transexuals celebrate right to vote 26 JAN 12
2. Courts & Tribunals
R2.4 sifyNews: On court's order, Pakistan to count its transgenders 09 JAN 17
R2.3 South Asia Mail: Pakistan's transexuals celebrate right to vote 15 NOV 11
R2.2 Reuters UK: Pakistan's transvestites to get distinct gender 23 DEC 09
R2.1 PinkNews.co.uk: Pakistan court orders equal benefits for trans people 16 JUL 09

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Homosexuality, Sodomy Legislation/Cases/References
1.

National

Penal Code (Act XLV of 1860)

Section 377 'Unnatural offences'

"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 a fine." [R1.2].

In 1990, Islamic law (Shariah) was re-introduced in Pakistan. This law in Pakistan calls for the punishment of homosexuals by 100 lashes or stoning them to death, depending on whether the person is married or not [R1.1].

R1.2 ILGA: State-Sponsored Homophobia PDF 700.06kb, MAY 09
R1.1 Huriyah: Pakistani Men Arrested for Same-Sex Acts
16 JUN 03
Marriage Legislation/Cases/References
See also: [GENDER IDENTITY]
1.

National

On 28 June 2016, it was reported that Tanzeem Ittehad-i-Ummat clerics had issued a new non-legally binding fatwa under which a trans woman with 'visible signs of being a female' may marry a male and a trans woman 'with visible signs of being a male' may marry a woman but a trans person carrying 'visible signs of both genders', as in an intersex person, may not marry anyone [R1.3].

In June 2010, Malik Muhammad Iqbal and Kashif (who goes by Rani) were in custody for allegedly holding a 'gay' wedding in Peshawar [R1.2].

Previously:

In May 2010, police in northwestern Pakistan broke up an apparent wedding between a businessman and his transgender bride, saying they could face seven years in prison for violating laws against same-sex marriage in the devoutly Muslim country [R1.1].

2.

Courts & Tribunals

On 18 May 2011, Judge Javed Mahmood Sandhu ruled that a British civil partnership agreement did not constitute a marriage [R2.1].

R1.2 GayStarNews: Pakistan clerics issue religious order making transgender marriages legal 28 JUN 16
R1.2 PinkNews: Pakistani trans couple locked up for 'gay' wedding 02 JUN 10
R1.1 365Gay.com: Police in NW Pakistan stop transgender wedding 25 MAY 10
R2.1 The Express Tribune: Gay couple: 'Civil union not evidence of marriage' 19 MAY 11
The Express Tribune: Gay marriage case: SHO fails to turn up at hearing 15 MAY 11

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