Khyber Pakhtunkhwa is governed by federal Pakistan law. Learn more
- Homosexuality
- ⚢✖ Illegal (up to life in prison as punishment)
- Gay Marriage
- ⚭✖ Unrecognized
- Censorship
- ✖ Imprisonment as punishment
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ Gender identity only
- Housing Discrimination
- ✖ Gender identity only
- Adoption
- ✖ Illegal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Illegal
- Donating Blood
- ✖ Banned (indefinite deferral)
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- N/A
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Public Opinion
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Homosexual activity in Khyber Pakhtunkhwa 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
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
Same-sex marriage in Khyber Pakhtunkhwa is unrecognized.
Current status
Since Oct 7, 1958
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.
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.
Right to change legal gender in Khyber Pakhtunkhwa 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.
In 2023, the Lahore High Court upheld this act in "Nayyab Ali v. Federation of Pakistan," overturning the Shariat ruling.
Illegal
The Federal Shariat Court struck down the Transgender Persons (Protection of Rights) Act, declaring it un-Islamic.
Gender-affirming care in Khyber Pakhtunkhwa 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.
Legal recognition of non-binary gender in Khyber Pakhtunkhwa 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.
Not legally recognized
The Federal Shariat Court struck down the Transgender Persons (Protection of Rights) Act, declaring it un-Islamic.
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.
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.
LGBT discrimination in Khyber Pakhtunkhwa 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.
LGBT employment discrimination in Khyber Pakhtunkhwa is gender identity only.
Current status
Since May 8, 2018
Gender identity only
Pakistani law only prohibits discrimination on the basis of gender identity.
LGBT housing discrimination in Khyber Pakhtunkhwa is gender identity only.
Current status
Since May 8, 2018
Gender identity only
Pakistani law only prohibits discrimination on the basis of gender identity.
Same-sex adoption in Khyber Pakhtunkhwa is illegal.
Current status
Illegal
Pakistan has yet to allow same sex adoption in it’s borders
Intersex infant surgery in Khyber Pakhtunkhwa 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.
Serving openly in military in Khyber Pakhtunkhwa is illegal.
Current status
Illegal
According to Wikipedia.
Blood donations by MSMs in Khyber Pakhtunkhwa is banned (indefinite deferral).
Current status
Banned (indefinite deferral)
Reports show MSMs are not allowed to donate blood in Pakistan
Conversion therapy in Khyber Pakhtunkhwa is not banned.
Current status
Not banned
No laws currently ban conversion therapy or similar practices and they are widespread.
Equal age of consent in Khyber Pakhtunkhwa is n/a.
Current status
Since Jan 1, 1862
N/A
Age of consent is not applicable because homosexuality is illegal in Pakistan.
Legal Rights
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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