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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 Jan 1, 1862
Illegal (up to life in prison as punishment)
Homosexuality is illegal in Pakistan under Article 377 in Pakistan’s Penal Code of 1860. The punishment for violation of Article 377 is two years to life imprisonment, fines, or both.

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.

In addition, the enforcement of sentences against homosexuals is unenforced since 1985
Details
Sources:
www.humandignitytrust.org/c…
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
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
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
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
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
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
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
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
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
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
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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May 19, 2023–Dec 12, 2023
Not legally recognized
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…
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May 11, 2018–May 18, 2023
Recognized
The country adopted a third option under gender on civil registration acts in 2018. A local television station has even made a transgender person its anchor/presenter.
Details
Sources:
www.amnesty.org/en/latest/n…
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Until May 10, 2018
Not legally recognized
Transgender people in Pakistan before this date were not allowed to identify as non-binary as the Transgender Act had not been implemented yet.
Details
Sources:
www.amnesty.org/en/latest/n…
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LGBT discrimination in Azad Kashmir

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LGBT discrimination in Azad Kashmir is illegal in some contexts.

Current status
Since May 9, 2018
Illegal in some contexts
Pakistani law only prohibits discrimination on the basis of gender identity.
Details
Sources:
na.gov.pk/uploads/documents…
www.state.gov/reports/2023-… - Section 6 para 7
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LGBT employment discrimination in Azad Kashmir

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LGBT employment discrimination in Azad Kashmir is gender identity only.

Current status
Since May 8, 2018
Gender identity only
Pakistani law only prohibits discrimination on the basis of gender identity.
Details
Sources:
www.state.gov/reports/2023-… - Section 6 para 7
translaw.clpr.org.in/legisl…
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LGBT housing discrimination in Azad Kashmir

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LGBT housing discrimination in Azad Kashmir is gender identity only.

Current status
Since May 8, 2018
Gender identity only
Pakistani law only prohibits discrimination on the basis of gender identity.
Details
Sources:
www.state.gov/reports/2023-… - Section 6 para 7
translaw.clpr.org.in/legisl…
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Same-sex adoption in Azad Kashmir

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Same-sex adoption in Azad Kashmir is illegal.

Current status
Illegal
Pakistan has yet to allow same sex adoption in it’s borders
Details
Sources:
www.state.gov/reports/2021-…
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Intersex infant surgery in Azad Kashmir

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Intersex infant surgery in Azad Kashmir is not banned.

Current status
Not banned
There is no policy or legal ban on surgery on intersex infants in Pakistan and the practice is reportedly quite widespread.
Details
Sources:
www.thenews.com.pk/print/99…
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Serving openly in military in Azad Kashmir

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Serving openly in military in Azad Kashmir is illegal.

Current status
Illegal
According to Wikipedia.
Details
Sources:
en.m.wikipedia.org/wiki/LGB…
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Blood donations by MSMs in Azad Kashmir

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Blood donations by MSMs in Azad Kashmir is banned (indefinite deferral).

Current status
Banned (indefinite deferral)
Reports show MSMs are not allowed to donate blood in Pakistan
Details
Sources:
www.state.gov/reports/2021-…
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Conversion therapy in Azad Kashmir

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Conversion therapy in Azad Kashmir is not banned.

Current status
Not banned
No laws currently ban conversion therapy or similar practices and they are widespread.
Details
Sources:
www.state.gov/reports/2023-… - Sectio 6 para 10
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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
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 ?
31 / 100
Legal Rights
31 / 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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Gilgit-Baltistan, Pakistan

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Common queries:
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  • Is homosexuality legal in Azad Kashmir?
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