Same-Sex Marriages in Pakistan: Legalities and Realities

The Pakistani legal and socio-cultural landscape does not currently recognize or permit same-sex marriages. This article explores the current status of same-sex relationships and marriages in Pakistan, highlighting the legal stance and real-life examples that reflect the complex reality of such relationships.

Legal Ban on LGBTQ Rights

No governmental recognition or legal framework exists for same-sex marriages in Pakistan. The Constitution and various penal laws of the country explicitly prohibit any form of same-sex relationships, which are neither socially nor legally accepted.

Article 256 of the Pakistani Penal Code lists 'carnal intercourse against the order of nature' under Section 377 as an offense subject to imprisonment for up to 10 years. Additionally, Article 97 (2) of the Code further criminalizes all activities related to homosexuality, making it highly difficult for LGBTQ individuals to live their lives freely.

Unofficial Same-Sex Relationships and Private Marriages

Despite the legal prohibitions, there have been instances of unofficial same-sex relationships and marriages taking place privately within the communities of LGBTQ individuals. These are typically conducted without any official documentation or legal recognition.

Historical Instances of Same-Sex Marriages

The earliest recorded same-sex marriage in Pakistan occurred in 2005. In this case, a 42-year-old Afghan refugee named Liaquat Ali married a 16-year-old local tribesman in the remote Khyber region. According to a local Urdu-language newspaper, the poorer father agreed to an exchange of 40,000 rupees for his son's hand in marriage.

Malik Waris Khan, a prominent local politician, admitted to AFP that the marriage took place. However, given the cultural and religious sensitivities of the area, the young couple was sternly warned by a tribal council to either leave the region or face severe repercussions including possible death.

Arrests and Legal Challenges

Over the years, several instances of same-sex marriages have led to arrests and legal proceedings. A notable example occurred in 2010 when 43 people, including a 42-year-old Malik Muhammad Iqbal and an 18-year-old Rani (born a man but living as a woman), were arrested by the police, allegedly for planning a gay marriage. Both Iqbal and Rani claimed that the allegations were false and that the event was a birthday party.

In 2015, a gay couple was reportedly arrested in Jaffarabad district of Balochistan after being reported to have performed a 'secret marriage'. Among the arrestees were their friends and a man who officiated the ceremony, reading out the Nikaah (Islamic marriage ceremony). However, the couple claimed that the marriage was not serious, and was just a joke.

A medical report suggested that the couple had engaged in sexual activity, which led to further investigation. Some human rights activists have compared this practice to a "test of shame," where the anus is examined to check if penetrative sex has taken place, a method that has been widely discredited and described as inhumane by organizations such as Human Rights Watch.

Conclusion

The legal and social landscape in Pakistan remains highly restrictive for LGBTQ individuals. While same-sex marriages are not recognized, the existence of private relationships does underscore the challenges faced by these communities. Efforts towards legal reform and greater social acceptance are ongoing, but significant challenges remain in terms of both law and public perception.