Section 6. Discrimination and Societal Abuses
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
Consensual same-sex sexual conduct is a criminal offense. The penalty for conviction of same-sex relations is a fine, two years to life imprisonment, or both. Although not enforced since the 1985 lifting of martial law, 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. LGBTQI+ persons rarely revealed their sexual orientation or gender identity in the public sphere. There were communities of openly transgender women, but they were marginalized and were frequently the targets of violence and harassment.
Violence and discrimination continued against LGBTQI+ persons. The crimes often went unreported, and police generally took little action when they did receive reports.
In 2019 the inspector general of police announced that the government would provide 0.5 percent of the office jobs in the Sindh police force to members of the transgender community. Transgender activists stated police had not implemented this plan. In 2020 Rawalpindi police launched a pilot project to protect transgender individuals. The project, called the Tahafuz Center, included the first transgender victim-support officer, who was also a member of the transgender community.
On February 11, unidentified assailants shot two transgender persons in the Madukhalil area of Gujranwala District in Punjab. On April 5, armed men entered the house of a 65-year-old transgender person, Mumtaz, and shot and killed her in Karachi. On July 15, the HRCP expressed concern that violence against the transgender community in Karachi was growing.
On April 8, police found the body of a 25-year-old transgender woman who was allegedly burned alive in Nishtar Colony of Lahore. On August 11, police found the body of a transgender person in Shah Khalid colony of Rawalpindi District, Punjab.
A local NGO reported that prison officials in Khyber Pakhtunkhwa held transgender prisoners separately and that the provincial government formed a jail oversight committee to improve the prison situation. Khyber Pakhtunkhwa police stations have a dedicated intake desk for transgender persons and have added transgender rights education to police training courses. Local NGOs working in the Islamabad Capital Territory and Punjab conducted transgender sensitization training for police officers. In October the country’s first governmental Transgender Protection Center opened in Islamabad to provide legal aid, psychological counseling, and health and rehabilitation services for the transgender community. In June the federal Ministry of Human Rights held an awareness-raising and sensitization workshop for Islamabad police regarding laws related to child domestic workers, child abuse, and transgender persons.
According to LGBTQI+ NGOs and activists, society generally shunned transgender women, eunuchs, and intersex persons, who often lived together in slum communities and survived by begging and dancing at carnivals and weddings. Some also worked as prostitutes. Local authorities often denied transgender individuals their share of inherited property and admission to schools and hospitals. Property owners frequently refused to rent or sell property to transgender persons. The law accords the right of transgender individuals to be recognized according to their “self-perceived gender identity,” provides for basic rights, prohibits harassment of transgender persons, and outlaws discrimination against them in employment, housing, education, health care, and other services. No such law, however, protects the rights of lesbian, gay, or bisexual individuals.
A Supreme Court ruling allows transgender individuals to obtain national identification cards listing a “third gender.” Because national identity cards also serve as voter registration, the ruling enabled transgender individuals to participate in elections, both as candidates and voters.