LGBTQ Rights in Pakistan: The Fight for Freedom

Youve never been with a woman once you get married and sleep with
one, youll be okay is just one of the bizarre statements Ahmed* has heard after
he came out to his family about his sexuality. Ahmed is a 23 year-old- gay
Pakistani man who lives in Karachi and wished to remain anonymous.
As of October 1860, it has been illegal in Pakistan to engage in any form of
sexual activity with a person of the same gender. With Islam being the dominant
religion in the country, Sharia Law and the laws constructed by the British during
colonial rule, have a heavy influence on Pakistans Penal Code. Though there are
many interpretations of the Quran, many Muslims continue to believe that
homosexuality is a sin punishable by death and is a sign of qiyaamat-- the end of
the world. According to the law, the penalty if caught, is either a fine or jail time
of two to ten years.

In contrast to the laws surrounding same sex intercourse, the laws

regarding transgender people are not as extreme. In 2009, the Pakistani Supreme
Court officially recognized the third gender and provided them with a separate
marker on their national ID cards. In addition to this, the government later
passed a law that gave individuals the right to change their legal gender as well as
vote in elections. This was seen as a huge landmark for the LGBTQ community in
Pakistan. In addition to this, over the past few years, there have been anti-

discrimination laws in employment and a provision of goods and services put

forth for all trans peoplewhere as this law has not been put forth for gay,
lesbians and bisexual people.
Through this we can see that trans people in Pakistan are more so
accepted in society. The reason behind this is that transgender people are
considered descendants of the Mughal era. They were welcomed at weddings to
bestow their well wishes upon newly wed couples.
However now, in the present day, their role has now shifted from wellwishers to entertainers. Members of the transgender community are invited to
sing and dance at happy occasions for middle to low-income households for a
small fee.
This form of exploitation allows us to see how transgender people are not
given the opportunity to flourish in other fields and be known for something
other than entertainment. While the Pakistani Penal Code prohibits against
workplace discrimination for transgendered people, we dont see this actually
playing out on the streets.
While transgender people in Pakistan are able to enjoy rights that they
would be denied in some other countries around the worldwe cannot deny the
fact that they are still faced with extreme levels of violence and negative stigma
on a day-to-day basis. Because the majority of the transgender community is
uneducated and unskilled, they are forced into sex work and begging to make
ends meet. This not only has a negative affect on someone who currently

identifies as transgender but it also negatively affects anyone that is trying to

transition into the gender they feel most comfortable. Seeing transgender people
in this light makes it seem like their presence is either a ritual or a form of
entertainmentneither are very positive. Providing the LGBTQ community with
separate educational facilities and safe living spaces will allow the individuals to
gain the skills needed to flourish in respectable fields that will keep them
dangerous and degrading work.
However, if one were to draw a comparison, the transgender community
still continues to live much more comfortably than gay, lesbian and bisexual
people in Pakistan. Queer people in Pakistan are discriminated against,
brutalized and even murdered just because of their sexual identity. There are no
anti-discrimination laws protecting them and they are often targeted in hate
crimes. Unfortunately, in Pakistan it is much more safe to identify as a
transgender in comparison to a gay man or lesbian woman.
Sex with or attraction to the same gender is a topic that is not only
considered taboo in Pakistan but also sometimes even a mental illness that can be
cured with marriage.
While Ahmeds family eventually came to accept his sexual identity, not all
families do. Many Pakistanis are living double lives that allow them to engage in
sexual activity with the person they desire, alongside having a partner of their
parents choosing and children to keep their family happy.

Family pride is considered of utmost importance in the Pakistani culture

and bringing shame upon the family can lead to the familys isolation from
society, loss of job and sometimes-even suicide as a result of embarrassment.
Because of this, many individuals choose to remain in the closet in fear of
hurting their familys societal stature. Nonetheless, if a child does gather the
courage to come out to their family, many parents refuse to believe their child
and instead say that marriage will eventually fix everything, as they will learn to
love their chosen partner. This sort of mentality leads to many forced or
compromised marriages between the LGBTQ youth in Pakistan.
Some people believe they owe it to their parents to have a wife or a husband and
to procreate its like the South Asian standard or something, explains Ahmed.
Parents and the school systems in the country often avoid topics of sexual
intercourse and as a result, children learn from either the media or explore on
their own. When the education system fails to educate children on the LGBTQ
community, children remain ignorant to the idea and because of this, they are
unable to truly understand themselves and their sexual identity. Because society
has taught them that this sort of lifestyle is wrong or is a mental illness, they grow
up believing that love and attraction should only be between a male and a
female and that anyone who feels otherwise is not normal and must seek
medical care or hide their identity in fear of bringing shame upon their family.
This sort of mentality doesnt allow anyone who identifies as a queer to be
genuinely happy or comfortable. They live in constant fear of the government,
their family and society. While the Pakistani government is slowly progressing in

terms of rights for the transgender communitythe Pakistani Penal Code fails to
protect gay, lesbian and bisexual people. When the government is able to educate
the youth on LGBTQ issues through the education system only then will we see
rights for queer people improvingonly then will they have a voice.