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Public Opinion

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History

Homosexual activity in Khyber Pakhtunkhwa

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Homosexual activity in Khyber Pakhtunkhwa 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 Khyber Pakhtunkhwa

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Same-sex marriage in Khyber Pakhtunkhwa 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 Khyber Pakhtunkhwa

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Censorship of LGBT issues in Khyber Pakhtunkhwa 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 Khyber Pakhtunkhwa

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Right to change legal gender in Khyber Pakhtunkhwa 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 Khyber Pakhtunkhwa

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Gender-affirming care in Khyber Pakhtunkhwa 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 Khyber Pakhtunkhwa

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Legal recognition of non-binary gender in Khyber Pakhtunkhwa 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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Hate crime protections in Khyber Pakhtunkhwa

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Hate crime protections in Khyber Pakhtunkhwa is sexual orientation and gender identity.

Current status
Since Sep 21, 2021
Sexual orientation and gender identity
Section 7(1)(i) of the Khyber Pakhtunkhwa Sentencing Act, 2021 provides legal protection from hate crimes based on sexual orientation and gender identity.
Details
Sources:
THE KHYBER PAKHTUNKHWA SENTENCING ACT, 2021.
web.archive.org/web/2024051…

web.archive.org/web/2025071…
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LGBT discrimination in Khyber Pakhtunkhwa

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LGBT discrimination in Khyber Pakhtunkhwa is unknown.

Current status
Unknown

LGBT employment discrimination in Khyber Pakhtunkhwa

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LGBT employment discrimination in Khyber Pakhtunkhwa is unknown.

Current status
Unknown

LGBT housing discrimination in Khyber Pakhtunkhwa

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LGBT housing discrimination in Khyber Pakhtunkhwa is unknown.

Current status
Unknown

Same-sex adoption in Khyber Pakhtunkhwa

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Same-sex adoption in Khyber Pakhtunkhwa is unknown.

Current status
Unknown

Intersex infant surgery in Khyber Pakhtunkhwa

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Intersex infant surgery in Khyber Pakhtunkhwa is unknown.

Current status
Unknown

Serving openly in military in Khyber Pakhtunkhwa

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Serving openly in military in Khyber Pakhtunkhwa is unknown.

Current status
Unknown

Blood donations by MSMs in Khyber Pakhtunkhwa

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Blood donations by MSMs in Khyber Pakhtunkhwa is unknown.

Current status
Unknown

Conversion therapy in Khyber Pakhtunkhwa

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Conversion therapy in Khyber Pakhtunkhwa is unknown.

Current status
Unknown

Equal age of consent in Khyber Pakhtunkhwa

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Equal age of consent in Khyber Pakhtunkhwa 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 ?
43 / 100
Legal Rights
43 / 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 Khyber Pakhtunkhwa to help improve its accuracy.
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Alternative names: Khaībar Pakhtūnkhwā

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32

LGBT Rights in
Gilgit-Baltistan

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LGBT Rights in
Islamabad

31

LGBT Rights in
Baluchistan

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LGBT Rights in
Federally Administered Tribal Areas

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LGBT Rights in
Sindh

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LGBT Rights in
Azad Kashmir

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LGBT Rights in
Punjab