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LGBTQ history in Pakistan

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LGBTQ people have a long history of persecution in Pakistan.

In 2009, the Supreme Court of Pakistan legally recognized transgender people as a third gender.

History

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The first reference to homosexuality can be found during the era of the Achaemenid empire from the 6th century BCE onwards. In 521 BCE, the Achaemenid Empire crucifies Polycrates and suppresses pederasty in Samos, which causes pederastic poets Ibycus and Anacreon to flee Samos.[1][2]

Evidence from literary works and artworks relating to Zoroastrianism, Buddhism and Islam suggest that non-heterosexual sex was looked down upon or forbidden since at least 250 B.C.[citation needed] Around 250 BC, during the Parthian Empire, the Zoroastrian text Vendidad was written. It contains provisions that are part of a sexual code promoting procreative sexuality that is interpreted to prohibit same-sex intercourse as sinful. Ancient commentary on this passage suggests that those engaging in sodomy could be killed without permission from a high priest.[3][4][5][6][7]

By 634 BCE, the Rashidun Caliphate reached the coastal region of Makran in present-day Balochistan.[8]

During the Mughal Empire, a number of the pre-existing Delhi Sultanate laws were combined into the Fatawa-e-Alamgiri, mandating several types of punishments for homosexuality.[9] These could include 50 lashes for a slave, 100 for a free infidel, or death by stoning for a Muslim.[10][11][12][13][14][15]

British India

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The Colonial British government criminalized lesbian, gay, bisexual, and transgender (LGBT) activities in India under section 377 of the Indian Penal code of 1860.[16] Pakistan gained independence in 1947 and adapted the same laws regarding LGBT under the Pakistan Penal Code. The Pakistan Penal Code states, "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than two years nor more than ten years, and shall also be liable to fine."[17]

Modern Pakistan

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In the 1980s, the rules against LGBT community stiffened even more under the sixth president of Pakistan, General Muhammad Zia-ul-Haq. The punishment for homosexual activities increased to life imprisonment or even death by stoning as a result of the Sharia Law added to Pakistan Penal Code.[18] There was some support for LGBTQ identities in major cities like Lahore and Karachi; there were secret gay parties during the regime of General Pervez Musharraf. Ali Saleem, son of a retired army colonel, appeared on television dressed as a woman, and openly talked about his bisexuality.[19]

The religious leaders of Pakistan have consistently forbidden and condemned LGBT activities as being immoral under the constitution of Islam.[20] In accordance with Islamic Law, same-sex marriage is condemned and not recognized as legitimate.

People in Pakistan who consider themselves to be a part of the LGBT community do not express their sexuality in public due to bigotry and fear of being physically attacked.[21]

The transgender community in Pakistan is "tolerated" and is believed to possess supernatural power of cursing people. They are considered outcasts by society and work as beggars, street dancers & prostitutes. Due to Pakistan being a patriarchal society, it is the men who call out to them and against them. Religious clerics would declare transgender people haraam (sinful), unnatural, inhuman and aliens and call upon the society to have no connections or interactions with them. Transgender teens are usually kept a family secret and are considered a disgrace and matter of family shame. They have little choice but to work for survival without help from their families, friends, community or government.

Pakistan has been known to foster practices like Bacha bazi and/or dancing boys in its northwestern province. There are several self-declared vigilante groups who patrol the countryside looking to catch people in the act and punish them.

Muhammad Ejaz, a paramedic in Lahore, entered the homes of three men he met on the gay social networking site, Manjam, and killed them. Two of the men were in their 20s and one was middle-aged retired army major. Eijaz stated, "I tried to convince them to stop their dirty acts, but they would not, so I decided to kill them."[22] The social networking site, Manjam, has since then not allowed any Pakistani individuals to sign up on their site for security reasons. Eijaz was taken into custody by the Pakistani Police, who insisted that he had sex with the victims before killing them.[23]

Violence against the LGBT Community

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Cases of violence against members of the LGBT community are very common in Pakistan.[24] Members of the LGBT community in Pakistan rarely report assaults committed against them to the police, in fact The Immigration and Refugee Board of Canada (IRBC) noted in January 2014 that if an LGBT person who faced threats from family or community members went to the police, the police "may become an accomplice rather than a protector."[25]

According to TransAction Alliance, as of June 2016 there were more than 300 cases of violence against transgender people in Khyber Pakhtunkhwa alone, and 46 transgender people had been killed since January 2015.[26] There are reports that show that violence against transgender individuals has been increasing every year.[27] Very often when these cases are reported to the police they may be met with inaction or indifference.

Actions

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After a long period of public protests and appeals, in 2009, the Supreme Court of Pakistan legally recognized transgender people as a third gender and promised them a Computerised National Identity Card (CNIC). The court also directed government agencies and offices to employ transgender people, but that has not been widely implemented. However, Cantonment Board Faisal (CBF) sent out an advertisement for the employment of transgender people in Tax Recovery. As many as 15 transgender people were employed after the first advertisement.[28] The government has also issued voter cards for the transgender community.[29]

Social and dating platforms like Tinder, Manjam, Grindr, and Scruff are helping create an online community in Pakistann. NGOs like NAZ Male Health Alliance are also helping to foster community.

See also

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References

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  1. ^ Dynes, Wayne R.; Donaldson, Stephen (20 October 1992). Homosexuality in the Ancient World. Taylor & Francis. ISBN 9780815305460 – via Google Books.
  2. ^ Dynes, Wayne R. (22 March 2016). Encyclopedia of Homosexuality. Routledge. ISBN 9781317368120 – via Google Books.
  3. ^ Ervad Behramshah Hormusji Bharda (1990). "The Importance of Vendidad in the Zarathushti Religion". tenets.zoroastrianism.com. Retrieved 3 January 2015.
  4. ^ Ervad Marzban Hathiram. "Significance and Philosophy of the Vendidad" (PDF). frashogard.com. Retrieved 3 January 2015.
  5. ^ "Ranghaya, Sixteenth Vendidad Nation & Western Aryan Lands". heritageinstitute.com. Heritage Institute. Retrieved 3 January 2015.
  6. ^ Jones, Lesley-Ann (13 October 2011). Freddie Mercury: The Definitive Biography: The Definitive Biography. Hachette UK, 2011. p. 28. ISBN 9781444733709. Retrieved 3 January 2015.
  7. ^ Darmesteter, James (1898). Sacred Books of the East (American ed.). Vd 8:32. Retrieved 3 January 2015. (...) Ahura Mazda answered: 'The man that lies with mankind as man lies with womankind, or as woman lies with mankind, is the man that is a Daeva; this one is the man that is a worshipper of the Daevas, that is a male paramour of the Daevas, that is a female paramour of the Daevas, that is a wife to the Daeva; this is the man that is as bad as a Daeva, that is in his whole being a Daeva; this is the man that is a Daeva before he dies, and becomes one of the unseen Daevas after death: so is he, whether he has lain with mankind as mankind, or as womankind. The guilty may be killed by any one, without an order from the Dastur (see § 74 n.), and by this execution an ordinary capital crime may be redeemed. (...){{cite book}}: CS1 maint: location (link) CS1 maint: location missing publisher (link)
  8. ^ Hareir, Idris El; Mbaye, Ravane (1 January 2011). The Spread of Islam Throughout the World. UNESCO. ISBN 978-92-3-104153-2.
  9. ^ Kugle, Scott A (1 September 2011). Sufis and Saints' Bodies: Mysticism, Corporeality, and Sacred Power in Islam. Univ of North Carolina Press. p. 309 Note 62-63. ISBN 9780807872772. Retrieved 20 September 2017.
  10. ^ Baillier, Neil B. E. (1875). "A digest of the Moohummudan law". pp. 1–3. Retrieved 10 May 2021.
  11. ^ "How did the Mughals view homosexuality?". History Stack Exchange.
  12. ^ Khalid, Haroon (17 June 2016). "From Bulleh Shah and Shah Hussain to Amir Khusro, same-sex references abound in Islamic poetry". Scroll.in. Retrieved 7 September 2018.
  13. ^ "Sarmad Kashani Tomb in Jami Masjid, New Delhi, India - Archive - Diarna.org". Archive.diarna.org.
  14. ^ V. N. Datta (27 November 2012), Maulana Abul Kalam Azad and Sarman, Rupa Publications, ISBN 9788129126627, Walderman Hansen doubts whether sensual passions played any part in their love [sic]; puri doubts about their homosexual relationship
  15. ^ "Of Genizahs, Sufi Jewish Saints, and Forgotten Corners of History - UW Stroum Center for Jewish Studies". Jewishstudies.washington.edu. 1 March 2016.
  16. ^ Gupta, A. (2006). "Section 377 and the Dignity. Economic and Political Weekly, 4815-4823" (PDF). Retrieved 10 August 2014.
  17. ^ "Pakistan Penal Code (Act XLV of 1860)". 6 October 1860. Retrieved 10 August 2014.
  18. ^ Barth, R. (2 May 2014). "'Manjam Murders' Spotlight Pakistan's Hidden, Flourishing Gay Scene". VICE News. Retrieved 10 August 2014.
  19. ^ Masood, Salman (3 January 2007). "When She Speaks, He's Breaking All of Islam's Taboos". NY Times. Retrieved 28 January 2020.
  20. ^ Azhar, M. (26 August 2013). "Gay Pakistan: Where sex is available and relationships are difficult". Retrieved 10 August 2014.
  21. ^ Refugees, United Nations High Commissioner for. "Refworld | Pakistan: Incidents of violence or mistreatment involving sexual minorities in Islamabad, Karachi and Lahore; loss of employment or inability to rent housing due to sexual orientation (2014)". Refworld. Retrieved 6 May 2019.
  22. ^ Gillani, Waqar; Walsh, Declan (28 April 2014). "Pakistani Says He Killed 3, Using Gay Site to Lure Them". The New York Times. ISSN 0362-4331. Retrieved 8 May 2019.
  23. ^ "Lahore's serial killer 'wanted to teach gays a lesson'". AFP. 28 April 2014. Retrieved 10 August 2014.
  24. ^ "World Report 2018: Rights Trends in Pakistan". Human Rights Watch. 5 January 2018. Retrieved 8 May 2019.
  25. ^ Immigration and Refugee Board of Canada, Research Directorate, Pakistan: Situation of sexual minorities in Islamabad, Karachi and Lahore, including treatment by society and authorities; state protection (2010-2013) [PAK104712.E], 13 January 2014
  26. ^ "Orlando to Pakistan: LGBT violence globally". Global Fund for Women. 13 June 2016. Retrieved 8 May 2019.
  27. ^ "Increasing violence against transgenders in Khyber Pakhtunkhwa". Digital Rights Foundation. 8 December 2018. Retrieved 8 May 2019.
  28. ^ "Pakistan issues landmark transgender passport; fight for rights..." Reuters. 28 June 2017. Retrieved 15 June 2019.
  29. ^ Bezhan, Frud; Azami, Ahmad Shah (22 November 2011). "Supreme Court Ruling Gives Pakistan's Beleaguered Transgender Community New Hope". Radio Free Europe/Radio Liberty. Retrieved 15 June 2019.

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