Homosexuality in Pakistan
Islam is an unchallengeable entity in all spheres of life in Pakistan. No laws or phenomena that contradict Islamic Law are given validation. LGBT (Lesbian, Gay, Bisexual and Transgender People) rights are not supported by any political or humanitarian party that does not value self destruction.
The Legal System in Pakistan is a conglomeration of Shari’a and secular laws: vestiges of the British colonial era. Any sexual activity outside of a heterosexual marriage is illegal. Both systems outlaw homosexuality and can be used alone or together against a defendant. For instance a person charged with homosexuality can be convicted under secular law if he/she is exonerated under the Shari’a or vice versa. Secular Law is enacted primarily against male homosexuals and the punishment consists of several years in prison. Islamic Law introduced in the early nineties penalises both male and female homosexuality and advocates up to a 100 lashes for offenders, and can even lead to execution by stoning. So far no individuals have been executed under this law but the fact that this measure exists means that it is possible for people to be tried and executed in this manner.
In 2003 a proposed UN measure advocating global gay rights was vetoed by a coalition of five indignant Islamic nations including Pakistan. Pakistan, in fact, distributed a memo on behalf of the Organisation of the Islamic Conference which stated that the "resolution directly contradicts the tenets of Islam and other religions," and its approval would be "a direct insult to the 1.2 billion Muslims around the world."
Pakistani society is segmented into a rich minority and vast throngs of the chronically poor. Health care, education and job security improve with the financial background of an individual. A very fitting comparison for modern-day Pakistani Society can be found in the class system that was present in Victorian/Edwardian-era Britain.
Society is very conservative; sexuality is a taboo topic and any open discussion of this matter is not tolerated. Men and women are expected to retain a degree of sensibility when interacting with each other. Strange men and women do not mix openly. Married couples are very reserved when out in public together. Many young people do date (although with discretion), especially in colleges and universities, but even a dating couple will follow the strict code and not dare show any affection towards each other, keeping a respectable distance lest they receive any unwanted attention from public vigilantes who could turn them in to the police.
However people of the same sex can openly show affection, an act that would have them immediately labelled as "gay" in the West. It is a common sight to observe two men walking down the street, hands held tightly, without anyone batting an eye. People of the same sex hug regularly as a greeting but it would be unthinkable for men and women to even shake hands with each other in a business meeting. It is very easy for homosexuals to disguise their relationship in this manner. But this phenomenon varies according to the social background of the individual, and is limited to working class males. The moderate sections of the upper and middle class have mixed-gender gatherings and young men from this background do not hold hands as they are aware of the association this behaviour holds with homosexuality.
Gays from privileged backgrounds do enjoy some degree of openness. The elite are partially secular and a handful are open about their sexuality and entertain some level of acceptance from their family and close friends but this does not cover the vast majority of the population. Families may tolerate a gay son or daughter, as long as this does not clash with their duty: the requirement to marry and procreate. Marriage is not a choice and even with the extremely rare case of a tolerant family, gay men and women will eventually have to tie the knot: an exclusive homosexual relationship is not acceptable in any social class.
An underground gay community exists in the major cities. The Internet has helped homosexuals interact and find each other, but this is limited to the small portion of the population who have access to this facility. Discretion is paramount; advertisement of one's sexuality will definitely lead to trouble.
The judicial system is wrought with corruption and incompetence. Homosexuality is illegal but few arrests or convictions are ever made. Police will usually blackmail a known homosexual and extort money for their own personal gain. The same is true of private citizens who discover a homosexual in their midst. This person will have no choice but to pay up to avoid prison or public embarrassment and societal exclusion at the very least.
In the Punjabi city of Faisalabad, Shumail Raj (31), a female-to-male transgendered man, married Shahzina Tariq (26) to save the latter from being sold into marriage as a debt owed by her uncle. The couple were consistently harassed by Shahzina's family and went to the courts seeking protection. Here they were in turn arrested for having entered into a same-sex marriage. Raj had undergone surgery at the age of 15 to have his uterus and breasts removed; Tariq was aware of this when she married him. Court-appointed doctors verified that Raj was still anatomically a female. The couple were convicted of practising unnatural lust and of perjury regarding Raj's gender in July of this year and both are in separate women’s prisons at the moment.
There are few options for a publicly outed gay person, who refuses to assimilate or conform. Family is the core of Pakistani society, and to be disowned by family is societal death. Ostracism means that this individual will be shunned by neighbours, friends and extended family. They will almost certainly lose their job or a place at an educational institution (if they have one: illiteracy is rampant and access to higher education is limited). Suicide would be an option in this situation, as it is in other similar cases across the world. A family member could resort to murdering a gay relative, proclaiming the actions of that relative to have brought shame upon the family name. Honour killings are illegal, but killers can get away with murder easily or receive a slap on the wrist. The practice occurs mostly in the rural areas where the bulk of the population lives and law enforcement is lax: perceived sexual crimes are usually the sole motivating factor behind honour killings. Women whose chastity comes into question make up the majority of victims. Typically, gay men from poor backgrounds will have no option but to join the Hijra subculture. Lesbians may not have to face such a predicament; women are supposed to be submissive, they will be easily cowed and eventually married off.
The Hijra are a transgender community present in most of South Asia. Their origins lie in Hindu religious beliefs and it was believed in South Asia that they had supernatural powers to place curses on individuals, who displease or aggravate them. In India a Hijra's blessing is often required by some families at the birth of a son. These superstitions have faded with time and in Pakistan, most people view Hijras with derision and ridicule. It used to be the norm for a Hijra to be a castrated male; nowadays most are just homosexual men who have no other avenues open to them in an intolerant society. They live on the fringes, begging to survive. Some are booked to dance at weddings in the men’s sections, since it is immoral to view dancing women, but this phenomenon is limited in its practice. Many turn to prostitution to subsist. Prostitution is illegal, and safe sex is an unfamiliar concept amongst sex workers in the country; most are from uneducated backgrounds and have scant or no knowledge regarding the spread of HIV/AIDS and others STDs.
With time, taboo issues such as a woman’s right to work outside her home have been challenged and change has occurred, limited of course to the urban areas. It is conceivable, but very unlikely, that gays may get some rights in the distant future if the socio-political situation changes and religion is removed from application in people's private lives. Despite this optimistic and rather naive view of the future, the reality cannot be glossed over: being gay in Pakistan at present is not a desirable position to find oneself in. Gays must live in shame and fear and if they choose to act on their impulses they must deal with the highly unpleasant, if not potentially fatal, consequences of being themselves.
The writer’s name has been withheld to protect him from persecution in Pakistan.
