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History

Homosexual activity in Federally Administered Tribal Areas

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Homosexual activity in Federally Administered Tribal Areas 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 Federally Administered Tribal Areas

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Same-sex marriage in Federally Administered Tribal Areas 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 Federally Administered Tribal Areas

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Censorship of LGBT issues in Federally Administered Tribal Areas 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. This also applies to the Federally Administered Tribal Areas.
Details
Sources:
database.ilga.org/api/downl…
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Sep 25, 2013–Aug 10, 2016
State-enforced under federal Pakistan law
In 2013, the Pakistani government blocked the nation’s first website catering to gay men. Several other websites hosting LGBTIQ+ content have also been blocked even before the 2016 act made it explicit.
Details
Sources:
english.alarabiya.net/amp/N…
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Until Sep 24, 2013
No censorship under federal Pakistan law
Until 2013, there have been no known explicit attempts to censor or restrict LGBTIQ+ topics, advocacy, expression or content in Pakistan.
Details
Sources:
english.alarabiya.net/amp/N…
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Right to change legal gender in Federally Administered Tribal Areas

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Right to change legal gender in Federally Administered Tribal Areas 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 Federally Administered Tribal Areas

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Gender-affirming care in Federally Administered Tribal Areas 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 Federally Administered Tribal Areas

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Legal recognition of non-binary gender in Federally Administered Tribal Areas 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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Until May 10, 2018
Not legally recognized under federal Pakistan law
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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Hate crime protections in Federally Administered Tribal Areas

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Hate crime protections in Federally Administered Tribal Areas is sexual orientation and gender identity.

Current status
Since Sep 21, 2021
Sexual orientation and gender identity
Since 2018, the Federally Administered Tribal Areas have been administered under the jurisdiction of Khyber Pakhtunkhwa. In 2021, the Khyber Pakhtunkhwa Sentencing Act was passed, prohibiting hate crimes on the basis and of sexual orientation or gender identity.
Details
Sources:
web.archive.org/web/2024051…

web.archive.org/web/2025071…
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Until Sep 20, 2021
No protections
Until 2021, there were no protections from hate crimes provided to LGBTIQ+ people in the Federally Administered Tribal Areas.
Details
Sources:
web.archive.org/web/2024051…
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LGBT discrimination in Federally Administered Tribal Areas

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LGBT discrimination in Federally Administered Tribal Areas is illegal in some contexts.

Current status
Since May 10, 2018
Illegal in some contexts under federal Pakistan law
Pakistani law broadly prohibits discrimination based on gender identity.

Section 17(b) of the Mutual Legal Assistance (Criminal Matters) Act, 2020, states that a request for mutual legal assistance to Pakistan may be refused by the central authority if there are reasonable grounds to believe that the request has been made for the purpose of punishing a person by reason of his sexual orientation.
Details
Sources:
na.gov.pk/uploads/documents…
www.state.gov/reports/2023-… - Section 6 para 7
Mutual Legal Assistance (Criminal Matters) Act, 2020:
nacta.gov.pk/wp-content/upl…
sja.gos.pk/assets/Acts_Ordi…
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Until May 9, 2018
No protections under federal Pakistan law
Until 2018, there were no protections from discrimination provided to LGBTIQ+ people in Pakistan.
Details
Sources:
translaw.clpr.org.in/legisl…
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LGBT employment discrimination in Federally Administered Tribal Areas

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LGBT employment discrimination in Federally Administered Tribal Areas is gender identity only.

Current status
Since May 10, 2018
Gender identity only under federal Pakistan law
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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Until May 9, 2018
No protections under federal Pakistan law
Until 2018, there are no protections from discrimination in employment provided to LGBTIQ+ people in Pakistan.
Details
Sources:
translaw.clpr.org.in/legisl…
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LGBT housing discrimination in Federally Administered Tribal Areas

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LGBT housing discrimination in Federally Administered Tribal Areas is gender identity only.

Current status
Since May 10, 2018
Gender identity only under federal Pakistan law
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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Until May 9, 2018
No protections under federal Pakistan law
Until 2018, there were no protections from discrimination in housing provided to LGBTIQ+ people in Pakistan.
Details
Sources:
translaw.clpr.org.in/legisl…
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Same-sex adoption in Federally Administered Tribal Areas

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Same-sex adoption in Federally Administered Tribal Areas is unknown.

Current status
Unknown

Intersex infant surgery in Federally Administered Tribal Areas

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Intersex infant surgery in Federally Administered Tribal Areas is not banned.

Current status
Not banned under federal Pakistan law
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 Federally Administered Tribal Areas

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Serving openly in military in Federally Administered Tribal Areas is unknown.

Current status
Unknown

Blood donations by MSMs in Federally Administered Tribal Areas

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Blood donations by MSMs in Federally Administered Tribal Areas is unknown.

Current status
Unknown

Conversion therapy in Federally Administered Tribal Areas

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Conversion therapy in Federally Administered Tribal Areas is not banned.

Current status
Not banned under federal Pakistan law
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 Federally Administered Tribal Areas

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Equal age of consent in Federally Administered Tribal Areas 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 ?
41 / 100
Legal Rights
41 / 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 Federally Administered Tribal Areas to help improve its accuracy.
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