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Laws

PAKISTAN

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Estates, Inheritance, Property, Succession Legislation/Cases/References
1.

Courts & Tribunals

On 12 October 2011, the Supreme Court ordered the chief secretaries of all four provinces as well as the chief commissioner in Islamabad to submit detailed reports before it rules November 14th on the rights of transgender people in regards to inheritance, observing that transgender people are a "part of our society, who cannot be deprived of their right to inheritance" [R1.1].

R1.1 The Advocate: Pakistan Court To Rule on Trans Inheritance Rights 13 OCT 11
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

On 26 January 2012, the implementation of Supreme Court of Pakistan's decision regarding the right of hijra persons to vote was reported [R1.1].

2.

Courts & Tribunals

On 14 November 2011, Supreme Court Chief Justice Iftikhar Muhammad Chaudhry and Justice Khilji Arif Hussain directed the Election Commission of Pakistan to collect details of hijra persons from the social welfare departments in the provinces where they are registered and take steps to register them as voters. The National Database Registration Authority was ordered to expedite the procedure of issuing Computerized National Identity Cards (CNICs) [R2.3].

On 23 December 2009, the Supreme Court ordered authorities to allow transvestites and eunuchs to identify themselves as a distinct gender, give them national identity cards showing their distinct gender and to take steps to ensure that they were not harassed and to ensure their inheritance rights, as part of a move to ensure their rights [R2.2].

On 14 July 2009, Chief Justice Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali and Justice Jawwad S Khawaja of the Supreme Court in Islamabad ordered that trans people should receive equal protection and support from the government and police [R2.1].

R1.1 Asian Correspondent: Pakistan’s transexuals celebrate right to vote 26 JAN 12
R2.3 South Asia Mail: Pakistan's transexuals celebrate right to vote 15 NOV 11
R2.2 Reuters UK: Pakistan's transvestites to get distinct gender 23 DEC 09
R2.1 PinkNews.co.uk: Pakistan court orders equal benefits for trans people 16 JUL 09
Homosexuality, Sodomy Legislation/Cases/References
1.

National

Penal Code (Act XLV of 1860)

Section 377 'Unnatural offences'

"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 a fine." [R1.2].

In 1990, Islamic law (Shariah) was re-introduced in Pakistan. This law in Pakistan calls for the punishment of homosexuals by 100 lashes or stoning them to death, depending on whether the person is married or not [R1.1].

R1.2 ILGA: State-Sponsored Homophobia PDF 700.06kb, MAY 09
R1.1 Huriyah: Pakistani Men Arrested for Same-Sex Acts
16 JUN 03
Marriage Legislation/Cases/References
See also: [GENDER IDENTITY]
1.

National

In June 2010, Malik Muhammad Iqbal and Kashif (who goes by Rani) were in custody for allegedly holding a 'gay' wedding in Peshawar [R1.2].

Previously:

In May 2010, police in northwestern Pakistan broke up an apparent wedding between a businessman and his transgender bride, saying they could face seven years in prison for violating laws against same-sex marriage in the devoutly Muslim country [R1.1].

2.

Courts & Tribunals

On 18 May 2011, Judge Javed Mahmood Sandhu ruled that a British civil partnership agreement did not constitute a marriage [R2.1].

R1.2 PinkNews: Pakistani trans couple locked up for 'gay' wedding 02 JUN 10
R1.1 365Gay.com: Police in NW Pakistan stop transgender wedding 25 MAY 10
R2.1 The Express Tribune: Gay couple: 'Civil union not evidence of marriage' 19 MAY 11
The Express Tribune: Gay marriage case: SHO fails to turn up at hearing 15 MAY 11