Wikipedia

LGBT rights in Pakistan

rights of lesbian, gay, bisexual and transgender people in Pakistan
(Redirected from LGBT rights in Kashmir)

LGBT people in Pakistan have a history that goes back a long time, with different views on gender and sexuality.[1] Transgenders (Khwaja Sira) have been a big part of Pakistani culture.[2] Before British rule, South Asian societies had different ways of understanding gender and same-sex relationships. Today, the law against same-sex acts in Pakistan comes from British colonial times. It is part of Section 377 of the Indian Penal Code, which started in 1860. In modern Pakistan, LGBT people face many problems. They can be punished by law, face discrimination, and experience mistreatment.[3] The Supreme Court of Pakistan recognizes a third gender for intersex people, which it says is allowed under Islamic law.[4]

LGBT rights in Pakistan
LGBT Rights Pride flag of Pakistan.
LGBT flag map of Pakistan.

The Pakistani Penal Code of 1860, made during British rule, makes sodomy illegal. This can lead to jail sentences from two years to life and fines.[5] Even though homosexual acts are rarely taken to court in Pakistan,[6] the law is sometimes used to threaten and harass LGBT Pakistanis.[7] Other rules about morality and public order are also used against them.[8] A big problem is violence and killings by terrorist groups. The police can arrest LGBT people even if the law says otherwise.[3]

LGBT people in Pakistan often face discrimination and social unacceptance. This can make it hard for them to have stable relationships.[6] Despite these challenges, LGBT people can still meet, organize, date, and sometimes live together, usually in secret. In Pakistan, same-sex marriages and civil unions are rarely discussed in politics. People who marry someone of the same sex might be arrested and taken to court.[9]

In 2009, the Supreme Court of Pakistan made a historic decision to support transgender citizens' rights. Later, the court gave more rights to transgender people. In 2018, the Transgender Persons (Protection of Rights) Act was passed, giving many protections to transgender people.[10] However, in 2020, a petition was made to challenge the Act. Some people argued that the Act could allow homosexuality by separating gender from biological sex.[11] On May 19, 2023, the court agreed with the petitioners, saying that some parts of the Act about gender do not follow Islamic principles.[12] Transgender groups plan to appeal this decision. Until a final ruling is made, the law remains the same. The court also said that a third gender for intersex people is allowed under Islamic law.[13][14]

History

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Main articles: LGBT history in Pakistan and Transgender history in Pakistan

Even with strict laws during British rule, Pakistan was once more open about homosexuality than places like London. This changed in the 1980s under General Muhammad Zia-ul-Haq. His government made laws against homosexuality much harsher, including life imprisonment and, in some areas, the death penalty under Sharia law. More Wahhabi-style madrasas, influenced by the Middle East, appeared during this time.[5]

In 2005, the BBC said that gay life in Pakistan was still "less restricted than in the West". This is because the culture is much stronger than the laws. Pakistani-American scholar Taymiya R. Zaman said to the National Public Radio that same-sex relationships have long been part of Pakistani culture, and ignoring this history is misleading.

“ You can’t look at something that already existed – and there is a shrine devoted to it – and now say it was unacceptable. ”

In 2012, Hina Jilani from the Human Rights Commission of Pakistan called for better protection against violence based on sexual orientation and gender identity, criticizing the use of culture and religion to avoid taking action.[15]

“ 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. ”

Homosexuality in Ancient Times

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Homosexuality has a long history in Pakistan that goes back to ancient times. Homophobia likely appeared earlier here than in other parts of Asia. Old texts from Zoroastrianism, Buddhism, and Islam suggest that same-sex relations were often forbidden as early as 250 BCE. For example, the Zoroastrian text Vendidad from the Parthian Empire condemned same-sex acts and allowed for severe punishment. It contains provisions that are part of sexual code promoting procreative sexuality that is interpreted to prohibit same-sex intercourse as sinful. Ancient commentary on this passage shows that those engaging in sodomy could be killed without permission from a high priest.[16][17][18][19][20] Pakistan in ancient times was part of both the Achaemenid and Parthian empires.[21]

The first reference to homosexuality can be found during the era of the Achaemenid empire from the 6th century BCE onwards. In 521 BCE, the Achaemenid Empire crucifies Polycrates and suppresses pederasty in Samos, which causes pederastic poets Ibycus and Anacreon to flee Samos.[22][23]

 
Gay anal sex (Mughal illustration)

During the Mughal period in Pakistan, Khwaja Sira (Transgenders) were highly respected and many help important positions in the royal court. However, under Emperor Aurangzeb, laws against homosexuality became stricter, with severe punishments for homosexual acts, such as lashes or death by stoning. A number of the already existing Delhi Sultanate laws were combined into the Fatawa-e-Alamgiri, mandating several types of punishments.[24] These could include 50 lashes for a slave, 100 for a free infidel, or death by stoning for a Muslim.[25][26][27][28][29][30]

Pre-Independence and Colonial era (1857-1947)

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In precolonial Pakistan, Khwaja sira (transgenders) were very respected, especially during the Mughal period. They worked in royal courts and harems as advisors and performers.[31][32] One famous Khwaja sira was Malik Kafur, who became the Grand Wazir (the head of government) and later the leader of the army under Sultan Alaud-din Khilji in the 14th century.[33][34] Another, Mahboob Ali Khan, served as the Controller General of Revenues (Mukhtar-i-Kul) under the last Mughal Emperor, Bahadur Shah Zafar.[33]

When the British took control of the region, the situation changed for Khwaja sira. The British did not like their public performances and saw them as a problem. In 1871, the Criminal Tribes Act made it illegal for them to sing, dance, or "cross-dress" in public. They were also wrongly accused of crimes like kidnapping and castrating children.[35] The British often called them "eunuchs," even though many khwaja sira were not castrated and some even had children. After Pakistan became independent, the Criminal Tribes Act was canceled in 1952.[36] But another law, Section 377 from the Indian Penal Code of 1860, still exists. This law makes acts like sodomy and homosexuality illegal, and it continues to affect the LGBT community in Pakistan.[37][38][39][40]

The Colonial British government made Lesbian, gay, bisexual, and transgender (LGBT) activities illegal in the subcontinent under section 377. Khwaja sira before the Transgender Persons (Protection of Rights) Act, 2018 had fewer opportunities for education and work.[41] One way they earn money is through badhai, where they give blessings at weddings and other important events in exchange for donations.[42] Many people believe khwaja sira can bring happiness and fertility because they are seen as spiritual beings who have the ability to bless and curse others.[43][44] Some also work as dancers or beggars, and some engage in sex work to survive.[45][46]

Legality of same-sex sexual activity

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See also: Transgender Persons (Protection of Rights) Bill, 2017
 
Social activists of Lahore organized a protest against violation of transgenders' rights in Pakistan.

The Constitution of Pakistan does not talk about sexual orientation or gender identity. Some parts of the Constitution may affect the rights of LGBT Pakistani citizens, but the law against homosexuality is not always enforced. Pakistan’s legal system follows both British and Islamic rules. The law that makes same-sex relations illegal was created during British colonial times. This law, made on October 6, 1860, and started on January 1, 1862, was written by Lord Macaulay. It was part of the Indian Penal Code 1860, which made male same-sex acts illegal under a British rule called "Unnatural Offences." After Pakistan became independent in 1947, the Parliament kept this law but renamed it the Pakistan Penal Code (Act XLV of 1860). Article 377 of this code says:[47]

“ Anyone who has sex against the order of nature with a man, woman, or animal will be punished with two to ten years in prison and may also have to pay a fine. ”

Under Muhammad Zia-ul-Haq, the Hudud Ordinances were introduced in 1979. These laws set harsh punishments for adultery, fornication, drinking alcohol, and sodomy.[48] Punishments included up to 100 lashes or death by stoning for married people who committed adultery. But according to a 2021 U.S. report on human rights in Pakistan, the Hudood Ordinances have not been enforced since martial law ended in 1985. There are no known cases of these laws being used against same-sex acts, and no known executions for homosexual activity.[49][50]

In 2018, Pakistan’s Parliament passed the Transgender Persons (Protection of Rights) Act, giving important rights to transgender people. This followed a 2009 Supreme Court ruling that supported civil rights for transgender citizens. Since then, other court rulings have strengthened these rights. But Pakistan does not have laws to stop discrimination or harassment based on sexual orientation. Same-sex marriages or civil unions are not allowed. Still, more people, especially those with educated parents who understand topics like evolution and sexuality, are beginning to share their same-sex relationships with friends.[51]

Pakistan Penal Code

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Here are some related parts of the Pakistani Penal Code of 1860:[47]

  • Article 141 – If five or more people gather to commit a crime, it is called an "unlawful assembly."
  • Article 153 – If someone tries to make students or schools join activities that disrupt public order, they can go to prison for up to two years, pay a fine, or both.
  • Article 268 – If someone causes harm or annoyance to the public or nearby residents, it is a public nuisance.
  • Article 269 – If someone acts carelessly and spreads a dangerous disease, they can go to prison for up to six months, pay a fine, or both.
  • Article 270 – If someone intentionally spreads a dangerous disease, they can go to prison for up to two years, pay a fine, or both.
  • Article 290 – Other public nuisances not covered by the code can be fined up to 600 rupees.
  • Article 292 – It is illegal to sell, distribute, show, own, or import "obscene" books, pamphlets, or images.
  • Article 294 – Public acts, songs, music, or poems that are "obscene" are also illegal.
  • Article 371A – Selling or using a person for prostitution or illegal activities can lead to up to 25 years in prison and a fine.
  • Article 371B – If a female is sold or rented to a brothel, the person doing this is assumed to want her to be used for prostitution. "Illicit intercourse" means sexual activity between people who are not married to each other.
  • Article 377 – Anyone who has sex against the order of nature with a man, woman, or animal can go to prison for life or between two to ten years, and pay a fine. Even slight penetration counts as an offense.
  • Article 496 – Going through a marriage ceremony knowing it is not lawful can lead to up to seven years in prison and a fine.

Discrimination protections

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Pakistan does not have civil rights laws that protect people from discrimination based on sexual orientation. But since 2018, it is illegal to discriminate against transgender people in many areas. These areas include jobs, education, health care, services, housing, and public office. The International Commission of Jurists says that Chapter Three of the Transgender Persons (Protection of Rights) Act (Urdu: مُتَجَنَّس افراد کے لیے (تحفظ حقوق) قانون 2018ء) stops discrimination against transgender people. The act says that no one should treat transgender people unfairly in any of these areas.[52]

“ Chapter three of the Transgender Persons (Protection of Rights) Act prohibits discrimination against transgender people. It states that "no person" shall discriminate against a transgender person with respect to a number of contexts, and lists, among others, educational facilities; employment; healthcare; access to goods and services; housing; and holding public office. ”

The Green Party of Pakistan has shown some support for LGBT rights, but most political parties either ignore LGBT rights or oppose them. Sociologists Stephen O. Murray and Badruddin Khan say that even though laws against LGBT people are not often used directly, the police and others sometimes use them to blackmail people.[53]

In March 2012, Hina Jilani, then Chair of the Human Rights Commission of Pakistan, spoke at the Human Rights Council. She said that one of the biggest problems is the refusal to protect people from violence because of their sexual orientation or gender identity. She also said that governments should not use culture or religion as reasons not to protect people. All governments have a duty to protect the human rights of everyone.[54]

“ It was very important to emphasise 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 were not prudent for any Government that claimed the 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. ”

Transsexualism and Intersexuality

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Main articles: Hijra Farsi and Hijra (South Asia)
 
A thriving community of hijras and transsexual people cross-dressed as females protest in Islamabad.

In Pakistan, there has been a concept of a third gender historically. Members of this group are often called hijras (ہیجڑا‎), though this term can be seen as disrespectful. Instead, the term khawaja sara (خواجہ سرا‎) is preferred.[55][56] In English, they might be called transgender, intersex, or eunuchs.[57] Like transgender people elsewhere, khawaja saras sometimes face ridicule, abuse, and violence.[57] However, they also have a certain level of acceptance because of their historical role in precolonial Pakistani society. Hijra communities live a very secretive life. Because of this, many people see the hijras as mysterious. In 2004, it was reported that Lahore alone has 10,000 active transvestites.[58]

Khawaja saras are often invited to events like weddings, where they dance for entertainment.[57] They are also included in ceremonies like births and circumcisions.[59] In Sindhi, they are called khadra (کدڙا). Many khawaja saras are seen as cultural descendants of the Mughal court eunuchs.[60] They are thought to have been born with genital dysphoria and people are afraid that they might curse one their fate,[61] people listen to their needs, give them alms and treat them with respect due to their perceived blessings.[62]

In recent years, attitudes have started to change. Sex reassignment surgery has become more accepted for those experiencing gender dysphoria. For example, in 2008, a Lahore High Court ruling allowed a woman named Naureen to have a sex change operation.[63] This decision was specifically for those suffering from gender dysphoria. In 2009, the Pakistani Supreme Court ruled that transvestites were entitled to government support programs like the Benazir Income Support Programme (BISP).[64] The Chief Justice at that time, Iftikhar Chaudhry, played a key role in extending rights to the transgender community.[65]

 
Asia
Same-sex sexual activity legal
  Same-sex marriage
  Foreign same-sex marriages recognized1
  Other type of partnership (or unregistered cohabitation)
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Not Enforced or unclear
  Penalty
  Life in prison
  Death penalty

In 2010, the Supreme Court ordered full recognition of the transgender community. This included free medical and educational services, micro credit schemes, and job quotas in government jobs. However, they did not mandate protections against discrimination in public services or housing.[66]

In 2017, the Lahore High Court required the government to include transgender people in the national census.[67] In February 2018, a Senate committee decided that transgender people could inherit property without needing a medical board to decide their gender.[68] In May 2019, Shireen Mazari, the Federal Minister for Human Rights, appointed Ayesha Moghul, a transgender woman, to her department for the first time.[69]

On the 18th of June in 2016 a small clerical body in Lahore know as Tanzeem Ittehad-I-Ummat declared Transgender marriages legal under Islamic law.[70] These clerics are affiliated to the Pakistan-based organisation issued a Fatwa on Pakistani transgender people where a trans woman (born male) with "visible signs of being a woman" is allowed to marry a man, and a trans man (born female) with "visible signs of being a man" is allowed to marry a woman. Pakistani transsexuals can also change their gender. Muslim ritual funerals also apply. Depriving transgender people of their inheritance, humiliating, insulting or teasing them were also declared Haraam. Although there are no Fatāwās by a Mufti for it or against the ("Zenanas") or Eunuchs and Hermaphrodites within the country, that remains a debatable issue for the existing various sexual minority diverse communities.[71]

Even though the Pakistani Government recognises a third gender on ID cards, many people from the LGBT community do not apply for it as they will not be allowed to enter the holy city of Mecca in Saudi Arabia as a transgender person.[72]

Restoring the Dignity of Transgenders

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See the main article: Transgender Persons (Protection of Rights) Act, 2018

In 2009, the Supreme Court of Pakistan ordered that the NADRA issue National Identity Cards to members of the transgender community showing their distinct gender.[73]

 
Miss Trans Pakistan 2022, a event that took place in Lahore, Pakistan.

"It's the first time in the 62-year history of Pakistan that such steps are being taken for our welfare", Almas Bobby, a Khawaja Sara association's president, said to Reuters, "It's a major step towards giving us respect and identity in society. We are slowly getting respect in society. Now people recognise that we are also human beings."

The Supreme Court of Pakistan officially recognised a third gender category for Pakistani passports in December 2018. Pakistan now allows transgender, intersex, and hijra individuals to obtain documents that match their gender identity, whether male, female, or third gender.

In 2009, the Pakistan Supreme Court, delivered a ruling, recognising the dignity of transgenders and declaring them the third gender under the equal protection clause of the Pakistani Constitution. Article 25 states that “There Shall be no discrimination on the basis of sex.” The Supreme Court noted that transgender persons had been neglected “On account of gender disorder in their bodies.” They had been denied the inheritance rights as they were neither sons nor daughters who inherit under Islamic law. To remedy discrimination against transgenders, the Court ordered provincial and federal governments to protect transgenders’ gender identification, right to inherit property, right to vote, right to education, and right to employment. This shall include the recognition of trans identity in legal documents such as passports, ID cards, and driver licenses, and prohibiting discrimination in employment, schools, work-place, public transit, healthcare… etc, as well as the right for inheritance in accordance to their chosen gender. Furthermore, the law tells the government to build protection centres and safe houses for the transgender community.

On the 23rd of September in 2012, the Supreme Court of Pakistan acted in a very bold manner[74] and declared that transgenders have equal rights in Pakistan. They granted for the first time, three basic rights to transsexuals:

  • the right to be recognised as a 'Third sex or gender'
  • the right to vote as Pakistani citizens as transsexuals and
  • the fixation of job quotas in the public/government sector, for transsexual people.

The 'Third gender' was officially protected from discrimination by the Supreme Court of Pakistan in 2010.

On the 9th of January in 2017, the Lahore High Court ordered the Government to include transgender people in the national census.[75]

On the 29th of December in 2018, Pakistan's first trans pride parade was held in Lahore to celebrate the landmark Transgender rights law passed earlier during that year.

In 2018, Nisha Rao attained her law degree from Karachi's Sindh Muslim Law College and became Pakistan's first transgender lawyer.[76]

 
World map of nonbinary gender recognition. Pakistan: It is standard for khwaja sara (eunics/hijras) to be listed as "third gender" on their legal documents.

In early 2019 The word "Transgender" translated as Urdu: مُتَجَنَّس, lit. 'Mutajannis' for the first time in the Urdu language by the Lahore-Pakistan based Organization HOPE - Have Only Positive Expectations. Earlier than this there was no translation which covered the whole Transgender spectrum.

Public opinion

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Public opinion about LGBT rights in Pakistan is mixed. In June 2013, the Pew Research Center found that Pakistan was one of the least accepting countries out of 39 studied. About 87 percent of the people surveyed said, "Homosexuality should not be accepted by society."[77]

A poll in 2017 by International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) showed that 45 percent of Pakistanis thought gay, lesbian, and bisexual people should have the same rights as straight people. However, 36 percent disagreed, and the rest were undecided. Also, 41 percent agreed that they should be protected from discrimination at work. On the other hand, 46 percent of Pakistanis said people in same-sex relationships should be punished as criminals, while 31 percent disagreed. When it comes to transgender people, 49 percent thought they should have the same rights as others. About 51 percent believed they should be protected from job discrimination, and 44 percent said they should be able to change their legal gender.[78]

Another World Values Survey from 2017 to 2020 found that 44 percent of Pakistanis believed that same-sex couples could be good parents like heterosexual couples. But 31 percent disagreed.[79] In this survey, 59 percent of Pakistanis said they would accept a gay or lesbian neighbor, while 41 percent said they would not.[80]

Summary table

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Same-sex sexual activity legal   Criminalized under Article 377. (Penalty: from two years to life imprisonment, fines, or both. Hudood ordinances which notionally allow capital punishment, but are unenforced since 1985; have never been used to prosecute homosexual acts.)[81]
Equal age of consent  
Anti-discrimination laws in employment for Pakistani gays, lesbians, and bisexuals   (Since 2018; for Gender Identity Only)
Anti-discrimination laws in employment only for Transgender or Transexual persons   (known as Khuwaja Sira, formerly hijra, or Third Gender)[82][83]
Anti-discrimination laws in the provision of goods and services for gays, lesbians, and bisexuals   (Since 2018; for Gender Identity Only)
Anti-discrimination laws in the provision of goods and services for   (known as Khuwaja Sira, formerly hijra, or Third Gender)[82][83]
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)   (Since 2018; for Gender Identity Only)
Recognition of same-sex couples  
Adoption by same-sex couples  
Gays allowed to serve in the Military  
Third gender Recognised   (Since 2010)
Right to change Legal Gender   (Since 2010)
Access to IVF for lesbians  
Commercial surrogacy for gay male couples  
change

References

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  1. ↑ Zehra, Syed Mubin (2010). Sexual and Gender Representations in Mughal India. Manak Publications. ISBN 978-81-7831-211-8.
  2. ↑ Jaffer, Amen (8 April 2022). "Embodying Sufism: The Spiritual Culture of Third Gender (Khwaja Sira) Communities in Pakistan". blogs.lse.ac.uk. Retrieved 8 September 2024.
  3. ↑ 3.0 3.1 "Country policy and information note: Sexual orientation and gender identity and expression, Pakistan, April 2022 (accessible)". GOV.UK. Retrieved 7 September 2024.
  4. ↑ "Transgender rights bill approved in NA, marking second milestone". www.geo.tv. Retrieved 7 September 2024.
  5. ↑ 5.0 5.1 ILGA (December 2020). State-Sponsored Homophobia: 2020 global legislation overview update (PDF) (Report). pp. 38, 134, 157. Archived (PDF) from the original on 15 December 2020. Retrieved 7 September 2024.
  6. ↑ 6.0 6.1 Mobeen Azhar (27 August 2013). "Gay Pakis: Where sex is available and relationships are difficult". BBC News. Retrieved 7 September 2024. In practice, though, these laws are rarely enforced, and the issue tends to be dealt with inside the family.
  7. ↑ "Pakistan | Human Dignity Trust". web.archive.org. 1 January 2023. Archived from the original on 1 January 2023. Retrieved 7 September 2024.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  8. ↑
    • Bureau of Democracy, Human Rights and Labor. "Pakistan 2016 Human Rights Report" (PDF). www.state.gov. United States Department of State. p. 50. Archived from the original (PDF) on 7 March 2017. Retrieved 28 March 2017. Consensual same-sex sexual conduct is a criminal offense; however, the government rarely prosecuted cases
    • Bureau of Democracy, Human Rights, and Labor (2022). "Section 6. Discrimination and Societal Abuses". 2022 Country Reports on Human Rights Practices: Pakistan (Report). United States Department of State.
  9. ↑ "Gays in Pakistan Move Cautiously to Gain Acceptance". The New York Times. 3 November 2012.
  10. ↑ "The Pakistan Transgender Persons (Protection of Rights) Act of 2018 and its Impact on the Law of Gender in Pakistan". Australian Journal of Asian Law. 20 (1). Article 8: 1-11. 2019. SSRN 3490418.
  11. ↑ Abbasi, Zubair (31 May 2023). "Balancing Gender Rights: Pakistan's Federal Shariat Court's Verdict on Self-Perceived Gender Identity". Oxford Human Rights Hub | OHRH. The Faculty of Law, University of Oxford.
  12. ↑ "Pakistan: Federal Shariat Court Revokes Gender Change From Trans Act 2018". Outlook India. 20 May 2023.
  13. ↑ "Activists to appeal Pakistani Shariat Court's scrapping of sections of 2018 transgender law". Peoples Dispatch. 25 May 2023.
  14. ↑ "Pakistan: Revocation of rights of transgender and gender-diverse people must be stopped". Amnesty International. 19 May 2023.
  15. ↑ "Human Rights Council holds panel discussion on discrimination and violence based on sexual orientation and gender identity". UN High Commissioner for Human Rights. Retrieved 16 February 2014.
  16. ↑ Ervad Behramshah Hormusji Bharda (1990). "The Importance of Vendidad in the Zarathushti Religion". tenets.zoroastrianism.com. Retrieved 3 January 2015.
  17. ↑ Ervad Marzban Hathiram. "Significance and Philosophy of the Vendidad" (PDF). frashogard.com. Retrieved 3 January 2015.
  18. ↑ "Ranghaya, Sixteenth Vendidad Nation & Western Aryan Lands". heritageinstitute.com. Heritage Institute. Retrieved 3 January 2015.
  19. ↑ Jones, Lesley-Ann (13 October 2011). Freddie Mercury: The Definitive Biography: The Definitive Biography. Hachette UK, 2011. p. 28. ISBN 9781444733709. Retrieved 3 January 2015.
  20. ↑ Darmesteter, James (1898). Sacred Books of the East (American ed.). Vd 8:32. Retrieved 3 January 2015. (...) Ahura Mazda answered: 'The man that lies with mankind as man lies with womankind, or as woman lies with mankind, is the man that is a Daeva; this one is the man that is a worshipper of the Daevas, that is a male paramour of the Daevas, that is a female paramour of the Daevas, that is a wife to the Daeva; this is the man that is as bad as a Daeva, that is in his whole being a Daeva; this is the man that is a Daeva before he dies, and becomes one of the unseen Daevas after death: so is he, whether he has lain with mankind as mankind, or as womankind. The guilty may be killed by any one, without an order from the Dastur (see § 74 n.), and by this execution an ordinary capital crime may be redeemed. (...){{cite book}}: CS1 maint: location (link) CS1 maint: location missing publisher (link)
  21. ↑ Waters, Matt (20 January 2014). Ancient Persia: A Concise History of the Achaemenid Empire, 550–330 BCE. Cambridge University Press. ISBN 978-1-107-65272-9.
  22. ↑ Dynes, Wayne R.; Donaldson, Stephen (20 October 1992). Homosexuality in the Ancient World. Taylor & Francis. ISBN 9780815305460 – via Google Books.
  23. ↑ Dynes, Wayne R. (22 March 2016). Encyclopedia of Homosexuality. Routledge. ISBN 9781317368120 – via Google Books.
  24. ↑ Kugle, Scott A (1 September 2011). Sufis and Saints' Bodies: Mysticism, Corporeality, and Sacred Power in Islam. Univ of North Carolina Press. p. 309 Note 62-63. ISBN 9780807872772. Retrieved 20 September 2017.
  25. ↑ Baillier, Neil B. E. (1875). "A digest of the Moohummudan law". pp. 1–3. Retrieved 10 May 2021.
  26. ↑ "How did the Mughals view homosexuality?". History Stack Exchange.
  27. ↑ Khalid, Haroon (17 June 2016). "From Bulleh Shah and Shah Hussain to Amir Khusro, same-sex references abound in Islamic poetry". Scroll.in. Retrieved 7 September 2018.
  28. ↑ "Sarmad Kashani Tomb in Jami Masjid, New Delhi, India - Archive - Diarna.org". Archive.diarna.org.
  29. ↑ V. N. Datta (27 November 2012), Maulana Abul Kalam Azad and Sarman, Rupa Publications, ISBN 9788129126627, Walderman Hansen doubts whether sensual passions played any part in their love [sic]; puri doubts about their homosexual relationship
  30. ↑ "Of Genizahs, Sufi Jewish Saints, and Forgotten Corners of History - UW Stroum Center for Jewish Studies". Jewishstudies.washington.edu. 1 March 2016.
  31. ↑ Alamgir A (2022) Decolonization of gender and sexuality: Exploring the stories of discrimination, marginalisation, resistance, and resilience in the communities of khawaja sara and hijra in Pakistan. In LGBT+ Communities-Creating Spaces of Identity. IntechOpen. 10.5772/intechopen.108684
  32. ↑ Sher A, Mashkoor I and Awan N (2022) Lingual abuse faced by transgenders in Hazara Division: A critical discourse analysis. SHAJAR 4(1), 80–88.
  33. ↑ 33.0 33.1 Junejo T (1994) Eunuchs: the cultural heritage of Sindh. Sindh University Arts Research Journal 29, 32–46. 10.26692/surj.v53
  34. ↑ Gugler TK (2011) Politics of pleasure: Setting South Asia straight. South Asia Chronicle 1, 355–392.
  35. ↑ Hinchy J (2017) Obscenity, moral contagion and masculinity: Hijras in public space in colonial North India. In Contestations over Gender in Asia. New York: Routledge, pp. 111–132. 10.1080/10357823.2014.901298
  36. ↑ Reddy, G. (2005). Geographies of contagion: Hijras, Kothis, and the politics of sexual marginality in Hyderabad. Anthropology & Medicine, 12(3), 255–270. 10.1080/13648470500291410
  37. ↑ Bhaskaran S (2002) The politics of penetration: Section 377 of the Indian penal code. In Vanita R (ed.), Queering India: Same-Sex Love and Eroticism in Indian Culture and Society. New York: Routledge, pp. 15–29. 10.4324/9780203951217
  38. ↑ Hinchy J (2013) Troubling bodies: ‘Eunuchs,’ masculinity and impotence in colonial North India. South Asian History and Culture 4(2), 196–212. 10.4324/9781315093710-3
  39. ↑ "Pakistan Penal Code (Act XLV of 1860)". 6 October 1860. Retrieved 10 August 2014.
  40. ↑ Gupta, A. (2006). "Section 377 and the Dignity. Economic and Political Weekly, 4815-4823" (PDF). Retrieved 10 August 2014.
  41. ↑ Khan S (2017) Khwaja sira, hijra, and the struggle for rights in Pakistan. Modern Asian Studies 51(5), 1283–1310. 10.1017/s0026749x16000068
  42. ↑ Pamment C (2010) Hijraism: Jostling for a third space in Pakistani politics. TDR/The Drama Review 54(2), 29–50. 10.1162/dram.2010.54.2.29
  43. ↑ Khan S (2016) What’s in a name? Khwaja sira, hijra, & eunuchs in Pakistan. Indian Journal of Gender Studies 23(2), 218–242. 10.1177/0971521516635327
  44. ↑ Hamzić V (2019) The Dera paradigm: Homecoming of the gendered other. Ethnoscripts 21(1), 34–57. 10.1525/9780520948129-003
  45. ↑ Hambly G (1974) A note on the trade in eunuchs in Mughul Bengal. Journal of the American Oriental Society 94(1), 125–130. 10.2307/599739
  46. ↑ Shroff, Sara (2020). "Operationalizing the "New" Pakistani Trans Gender Citizen". In Roy, Ahonaa (ed.). Gender, Sexuality, Decolonization: South Asia in the World Perspective. Taylor & Francis. ISBN 9781000330199.
  47. ↑ 47.0 47.1 "Pakistan Penal Code (Act XLV of 1860)". Pakistani Legislation. Retrieved 12 February 2014.
  48. ↑ InpaperMagazine, From (7 May 2011). "The Hudood Ordinances". DAWN.COM. Retrieved 8 September 2024.
  49. ↑ Bureau of Democracy, Human Rights, and Labor (2021). "Section 6. Discrimination and Societal Abuses". 2021 Country Reports on Human Rights Practices: Pakistan (Report). United States Department of State. The penalty for conviction of same-sex relations is a fine, two years to life imprisonment, or both...the Hudood Ordinance of 1979 criminalizes sexual intercourse outside of marriage in accordance with sharia, with penalties of whipping or, potentially, death. There have been disputes as to whether the Hudood Ordinance notionally applies to both opposite-sex and same-sex conduct, but there were no known cases of the government applying the ordinance to same-sex conduct, and there have been no known cases of executions for homosexuality.
  50. ↑ Barth, Rachel (2 May 2014). "'Manjam Murders' Spotlight Pakistan's Hidden, Flourishing Gay Scene". VICE. Retrieved 8 September 2024.
  51. ↑ "Gay Pakistanis, Still in Shadows, Seek Acceptance". The New York Times. 3 November 2012. Retrieved 12 February 2014.
  52. ↑ International Commission of Jurists (March 2020). Pakistan: Transgender Persons (Protection of Rights) Act, 2018. A Briefing Paper (PDF). Geneva: ICJ. p. 17. Archived from the original (PDF) on 17 April 2022. Retrieved 8 September 2024.
  53. ↑ Khan, Badruddin (August 1997). Sex Longing & Not Belonging : A Gay Muslim's Quest for Love & Meaning. Floating Lotus USA. ISBN 978-0-942777-16-1.
  54. ↑ "Human Rights Council holds panel discussion on discrimination and violence based on sexual orientation and gender identity". UN High Commissioner for Human Rights. Retrieved 8 September 2024.
  55. ↑ Beck, Charity. "A Second Look at Pakistan's Third Gender". Positive Impact Magazine. Positive Impact: Worldwide Movement Encouraging Positive Solutions for Life. Archived from the original on 8 January 2014. Retrieved 14 August 2018.
  56. ↑ Khan, Faris A. (2016). "Khwaja Sira Activism: The Politics of Gender Ambiguity in Pakistan". TSQ: Transgender Studies Quarterly. 3: 158–164. doi:10.1215/23289252-3334331. S2CID 156840298.
  57. ↑ 57.0 57.1 57.2 Rabab Naqvi (25 October 2009). "Kiss and tell". Dawn. Archived from the original on 10 January 2010. Retrieved 1 November 2009.
  58. ↑ "Out-on-their-luck teens turn to prostitution". The Daily Times (Pakistan).
  59. ↑ "Fake bills business thrives in Pindi, Islamabad cities". The Daily Times (Pakistan). Retrieved 6 May 2008.
  60. ↑ "Out-on-their-luck teens turn to prostitution". The Daily Times (Pakistan). Archived from the original on 10 October 2012.
  61. ↑ "Eunuchs warn of power outage protest dance". TopNews India.
  62. ↑ "Eunuchs warn Mepco of "dance protest"". Dawn. 8 April 2008. Retrieved 6 May 2008.
  63. ↑ "Pakistan court allows woman to change sex". Zee News. Retrieved 6 May 2008.
  64. ↑ "Supreme Court orders equal benefits for transvestites". Dawn. Archived from the original on 18 July 2009.
  65. ↑ Jon Boone in Islamabad (28 August 2013). "Pakistan's chief justice Iftikhar Chaudhry suffers public backlash". The Guardian. Retrieved 11 February 2014.
  66. ↑ "Don't we count? Transgender Pakistanis feel sidelined by census". www.pakistantoday.com.pk.
  67. ↑ Mustafa, Waqar (9 January 2017). "Pakistan counts transgender people in national census for first time". Reuters.
  68. ↑ Toppa, Sabrina (5 March 2018). "Pakistan's transgender community takes another step forward". Al Jazeera. Retrieved 2 May 2018.
  69. ↑ Kelleher, Patrick (30 May 2019). "Pakistan human rights minister appoints first transgender employee". PinkNews. Retrieved 28 June 2019.
  70. ↑ "Pakistani clerics declare transgender marriages legal under Islamic law | Reuters".
  71. ↑ "Clerics issue fatwa allowing transgender marriage in Pakistan". Samaa Web Desk. 27 June 2016. Retrieved 2 July 2016.
  72. ↑ "Pakistani LGBT community's fight for rights". www.aljazeera.com. Retrieved 5 March 2018.
  73. ↑ "Promoting Inclusion and Protection: Pakistan's National Strategic Framework for Transgender Persons". UNDP. Retrieved 8 September 2024.
  74. ↑ "Transgenders have equal rights in Pakistan: Supreme Court". The Express Tribune. 25 September 2012.
  75. ↑ "Pakistan counts transgender people in national census for first time".
  76. ↑ "From streets to courts, Pakistan's first transgender lawyer Nisha Rao". MM News TV. 27 October 2020. Retrieved 20 November 2020.
  77. ↑ "The Global Divide on Homosexuality". Pew Research Center. 4 June 2013. Retrieved 9 September 2024.
  78. ↑ The ILGA-RIWI 2016 Global Attitudes Survey on LGBTI People in partnership with Logo (May 2016) (PDF), ILGA World, 10 October 2017, archived from the original on 16 June 2023
  79. ↑ "Opinion on same-sex couples as parents: Surveys". Equaldex.
  80. ↑ "Acceptance of homosexuals as neighbors: Surveys". Equaldex.
  81. ↑ Bureau of Democracy, Human Rights, and Labor (2021). "Section 6. Discrimination and Societal Abuses". 2021 Country Reports on Human Rights Practices: Pakistan (Report). United States Department of State. The penalty for conviction of same-sex relations is a fine, two years to life imprisonment, or both...the Hudood Ordinance of 1979 criminalizes sexual intercourse outside of marriage in accordance with sharia, with penalties of whipping or, potentially, death. There have been disputes as to whether the Hudood Ordinance notionally applies to both opposite-sex and same-sex conduct, but there were no known cases of the government applying the ordinance to same-sex conduct, and there have been no known cases of executions for homosexuality.
  82. ↑ 82.0 82.1 Abdullah, M; Basharat, Zeeshan (2012). "Awareness about sexually transmitted infections among Hijra sex workers of Rawalpindi/Islamabad". Pakistan Journal of Public Health. 2: 40–45. S2CID 54134786.
  83. ↑ 83.0 83.1 "A Second Look at Pakistan's Third Gender". Positive Impact Magazine. Archived from the original on 8 January 2014. Retrieved 2 February 2014.

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