The Law on Sexual Orientations and Transgenders in Pakistan: An Analysis

Abstract

The objective of this research is to analyze the law on sexual orientations and transgenders in Pakistan. Sexual orientation is a pattern of sexual, romantic, and/or emotional attraction and relation with individuals of either the same sex or opposite sex or towards both sexes. A person can be categorized as straight, gay, lesbian, bisexual, queer, asexual, etc. based on his sexual orientation. The sexual orientation of a person is inherent and not a choice. The sexual orientation of a person cannot be changed. Gender is a social construct. The gender identity of a person is often wrongly attributed to the biological sex of the person. Mostly, the gender of a person corresponds to his or her biological sex, but it is true for many people. Transgender phenomena and sexual orientation are different but can be associated with each other by their implications. The legal doctrinal analysis approach was adopted to study the law on sexual orientations and transgenders in Pakistan. Any kind of sexual orientation, and sexual encounter other than heterosexual intercourse is prohibited by law in Pakistan. The law in Pakistan only allows heterosexual encounters, and that too with certain specifications, such as vaginal sex between husband and wife or wives. The law in Pakistan must be amended considering the latest developments in mental health and behavioral sciences, which deal with sexual orientation and transgender phenomena as inherent and different from each other.