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LGBT Rights in Azad Kashmir
Pakistan Administered Area

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History

Homosexual activity in Azad Kashmir

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Homosexual activity in Azad Kashmir is illegal (up to life in prison as punishment).

Current status
Since Oct 6, 1860
Illegal (up to life in prison as punishment) under federal Pakistan law
Homosexuality is illegal in Pakistan under Article 377 of the Pakistan Penal Code of 1860. The punishment for violating Article 377 ranges from two years to life imprisonment and may also include fines.

The Zina provisions of the Hudood Ordinance (1979) criminalize all sexual conduct outside of marriage with the death penalty. However, there are no known cases of these provisions being used against gay people.
Details
Sources:
Pakistan Penal Code of 1860
pakistani.org/pakistan/legi…
U.S. Department of State Report on Pakistan Which Includes That The Zina Provisions Have Never Been Used Against Homosexuals
www.state.gov/reports/2021-…
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Same-sex marriage in Azad Kashmir

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Same-sex marriage in Azad Kashmir is unrecognized.

Current status
Unrecognized under federal Pakistan law
Technically, there are no law that prohibits cohabitation or marriage of a same-sex couple. However, if they are convicted of sodomy, the party face penalties according to the penal law.
Details
Sources:
news.bbc.co.uk/2/hi/south_a…
www.vakilno1.com/saarclaw/p…

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Censorship of LGBT issues in Azad Kashmir

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Censorship of LGBT issues in Azad Kashmir is imprisonment as punishment.

Current status
Since Aug 11, 2016
Imprisonment as punishment
Section 34 of the Prevention of Electronic Crimes Act (2016) empowers the Pakistan Telecommunication Authority to remove or block content if deemed necessary for the "glory of Islam, public order, decency, or morality." However, prior to this law, the government had already been censoring LGB-related content online and in the media. Punishment for spreading this type of content, looking at it, if you gain access to banned content, etc, is 3 or more months in jail.
Details
Sources:
database.ilga.org/api/downl…
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Right to change legal gender in Azad Kashmir

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Right to change legal gender in Azad Kashmir is legal, no restrictions.

Current status
Since Dec 13, 2023
Legal, no restrictions under federal Pakistan law
Pakistan allows trans people to self-identify and receive identity documents with their preferred name and gender under Chapter 2 of the Transgender Persons (Protection of Rights) Act 2018.

In 2023, the Lahore High Court upheld this act in "Nayyab Ali v. Federation of Pakistan," overturning the Shariat ruling.
Details
Sources:
translaw.clpr.org.in/wp-con…
x.com/nayyabalipk/status/17…
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May 19, 2023–Dec 12, 2023
Illegal under federal Pakistan law
The Federal Shariat Court struck down the Transgender Persons (Protection of Rights) Act, declaring it un-Islamic.
Details
Sources:
www.amnesty.org/en/latest/n…
www.federalshariatcourt.gov…
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May 8, 2018–May 19, 2023
Legal, no restrictions under federal Pakistan law
In May 2018, the National Assembly of Pakistan had passed the Transgender Persons Act 2018 providing trans Pakistanis legal recognition on the basis of self-identity and prohibits discrimination and harassment.
Details
Sources:
translaw.clpr.org.in/legisl…
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Apr 30, 2008–May 8, 2018
Legal, but requires medical diagnosis under federal Pakistan law
In 2008, Pakistan allowed a trans man to legally change his gender but made legal gender recognition only legal with a diagnosis of gender dysphoria until 2018.
Details
Sources:
web.archive.org/web/2008050…
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Until Apr 29, 2008
Illegal under federal Pakistan law
Until 2008, there was no legal gender recognition provided in Pakistan.
Details
Sources:
web.archive.org/web/2008050…
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Gender-affirming care in Azad Kashmir

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Gender-affirming care in Azad Kashmir is legal.

Current status
Since May 10, 2018
Legal under federal Pakistan law
While it has been called un-Islamic by an official governmental advisory group and has faced several attempts at banning it, gender-affirming care is legal and state-funded in Pakistan.
Details
Sources:
www.reuters.com/article/wor…
www.thelancet.com/journals/…
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Apr 30, 2008–May 10, 2018
Restricted under federal Pakistan law
In 2008, Pakistan allowed a trans man to undergo gender affirming healthcare but it was restricted to only people with a medical diagnosis for gender dysphoria until 2018.
Details
Sources:
web.archive.org/web/2008050…
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Until Apr 29, 2008
Banned under federal Pakistan law
Before 2008, there was no legal procedure for gender affirming care and doctors were often prosecuted for performing such surgeries.
Details
Sources:
web.archive.org/web/2008050…
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Legal recognition of non-binary gender in Azad Kashmir

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Legal recognition of non-binary gender in Azad Kashmir is recognized.

Current status
Since Dec 13, 2023
Recognized under federal Pakistan law
Pakistan has allowed trans people to self-identify since the Lahore High Court struck down the Shariat ruling in Nayyab Ali v. Federation of Pakistan. "Third gender" is included as an option.
Details
Sources:
www.washingtonblade.com/202…
Nayyab Ali - X.com twitter.com/nayyabalipk/sta…
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Current status
Since May 11, 2018
Recognized
Countrywide recognized, Transgender people are allowed to identify as male, female, a blend of both, or neither.
Details
Sources:
www.globalcitizen.org/de/co…
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Hate crime protections in Azad Kashmir

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Hate crime protections in Azad Kashmir is no protections.

Current status
No protections
Azad Kashmir does not provide legal protection from hate crimes based on sexual orientation or gender identity.
Details
Sources:
theworld.org/stories/2016/0…
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LGBT discrimination in Azad Kashmir

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LGBT discrimination in Azad Kashmir is unknown.

Current status
Unknown

LGBT employment discrimination in Azad Kashmir

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LGBT employment discrimination in Azad Kashmir is unknown.

Current status
Unknown

LGBT housing discrimination in Azad Kashmir

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LGBT housing discrimination in Azad Kashmir is unknown.

Current status
Unknown

Same-sex adoption in Azad Kashmir

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Same-sex adoption in Azad Kashmir is unknown.

Current status
Unknown

Intersex infant surgery in Azad Kashmir

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Intersex infant surgery in Azad Kashmir is unknown.

Current status
Unknown

Serving openly in military in Azad Kashmir

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Serving openly in military in Azad Kashmir is unknown.

Current status
Unknown

Blood donations by MSMs in Azad Kashmir

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Blood donations by MSMs in Azad Kashmir is unknown.

Current status
Unknown

Conversion therapy in Azad Kashmir

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Conversion therapy in Azad Kashmir is unknown.

Current status
Unknown

Equal age of consent in Azad Kashmir

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Equal age of consent in Azad Kashmir is n/a.

Current status
Since Jan 1, 1862
N/A under federal Pakistan law
Age of consent is not applicable because homosexuality is illegal in Pakistan.
Details
Sources:
www.ageofconsent.com/pakistan.htm
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Equality Index ?
37 / 100
Legal Rights
37 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Azad Kashmir to help improve its accuracy.
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Compare Azad Kashmir

31

Compare with
Baluchistan, Pakistan

31

Compare with
Islamabad, Pakistan

34

Compare with
Punjab, Pakistan

49

Compare with
Federally Administered Tribal Areas, Pakistan

43

Compare with
Khyber Pakhtunkhwa, Pakistan

32

Compare with
Gilgit-Baltistan, Pakistan

31

Compare with
Sindh, Pakistan

Common queries:
  • Is it illegal to be gay in Azad Kashmir?
  • Is homosexuality legal in Azad Kashmir?
  • Is gay marriage legal in Azad Kashmir?

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