Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: Rape is a criminal offense, with punishment for conviction that ranges from a minimum of 10 to 25 years in prison and a fine to the death penalty. The penalty for conviction of two or more persons of rape is death or life imprisonment. The law does not explicitly criminalize spousal rape and defines rape as a crime committed by a man against a woman. Although rape was frequent, prosecutions were rare. The law provides for collection of DNA evidence and includes nondisclosure of a rape survivor’s name, the right to legal representation of rape survivors, relaxed reporting requirements for female survivors, and enhanced penalties for rape of survivors with mental or physical disabilities. On January 4, the Lahore High Court declared virginity tests, including the so-called “two-finger test” for examination of sexual assault survivors, “illegal and against the Constitution,” and without forensic value in cases of sexual violence.
The government did not effectively enforce the Women’s Protection Act, which brought the crime of rape under the jurisdiction of criminal rather than Islamic courts. The law prohibits police from arresting or holding a female survivor overnight at a police station without a civil court judge’s consent. The law requires a survivor to complain directly to a sessions court, which tries heinous offenses. After recording the survivor’s statement, the sessions court judge files a complaint, after which police may make arrests. NGOs reported the procedure created barriers for rape survivors who could not travel to or access the courts. NGOs continued to report that rape was a severely underreported crime.
The Punjab Protection of Women against Violence Act provides legal protections for domestic abuse victims, including judicial protective orders and access to a new network of district-level women’s shelters. Centers provided women a range of services including assistance with the completion of first information reports regarding the crimes committed against them, first aid, medical examinations, post trauma rehabilitation, free legal services, and a shelter home. The Punjab government funds four women’s career centers in Punjab universities, 12 crisis centers that provide legal and psychological services to women, and emergency shelters for women and children. The Punjab government established 16 women’s hostel authorities in 12 districts to assist women in finding safe, affordable, temporary lodging while looking for work. It also established 68 additional day care centers, bringing the total to 137 by year’s end. The provincial government also launched other economic empowerment programs, including the Punjab Small Industry Cooperation Development Bank and the Kisan Ki Beti (Farmer’s Daughter) project, which aim to improve living standards of rural women through skill development.
Lahore used a special court designed to focus exclusively on gender-based violence crimes. The Lahore Gender-Based Violence Court receives the most serious cases in the district, such as aggravated rape, and offers enhanced protections to women and girls.
In the first six months of the year, Lahore reported 76 cases of domestic violence against women, 249 cases of rape of women, 1,609 cases of kidnapping of women, three cases of so-called honor killings of women, and 617 cases of violence against women.
The Pakistan National Judicial Policy Making Committee directed all provincial high courts to establish special gender-based violence courts to provide justice to victims of sexual and gender-based violence on a priority basis and in a gender-sensitive manner. Special courts for gender-based violence operated countrywide.
Khyber Pakhtunkhwa passed the Khyber Pakhtunkhwa Domestic Violence Against Women (Prevention and Protection) Act, 2021, on February 15. There were no reliable national, provincial, or local statistics on rape due to underreporting, and no centralized law enforcement data collection system existed.
Prosecutions of reported rapes were rare, although there were reports that prosecution rates increased in response to police capacity-building programs and public campaigns to combat the lack of awareness regarding rape and gender-based violence. NGOs reported police sometimes accepted bribes from perpetrators, abused or threatened victims, and demanded victims drop charges, especially when suspected perpetrators were influential community leaders. Some police demanded bribes from survivors before registering rape charges, and investigations were often superficial. There were reports of traditional jirga or panchayat systems of community justice, typically used to resolve low-level disputes, used for cases of rape in rural areas, which may have resulted in a survivor being forced to marry the attacker, or a family member on the survivor’s side being allowed to rape a family member of the accused/defendant’s side. Women who reported or spoke up against violence against women often faced pushback and harassment, including by police officials, which, according to civil society, discouraged survivors from coming forward.
On March 20, a Lahore antiterrorism court sentenced two men, Abid Malhi and Shafqat Ali, to death for the September 2020 robbery and gang rape of a woman in Lahore. The two men broke into the vehicle of the woman who, with her two children, had stalled on the road outside of Lahore. Both culprits were also given a life imprisonment sentence and fined.
On August 14, a woman was assaulted and groped by more than 100 men at a public park in Lahore, Punjab. A video of the attack circulated on social media. Police arrested 24 men and suspended area police officers.
The use of rape medical testing increased, but medical personnel in many areas did not have sufficient training or equipment, which further complicated prosecutions. Most survivors of rape, particularly in rural areas, did not have access to the full range of treatment services. There were a limited number of women’s treatment centers, funded by the federal government and international donors. These centers had partnerships with local service providers to create networks that delivered a full spectrum of essential services to rape survivors.
No specific federal law prohibits domestic violence, which was widespread. Police may charge acts of domestic violence as crimes pursuant to the penal code’s general provisions against assault and bodily injury. Provincial laws also prohibit acts of domestic violence. Forms of domestic violence reportedly included beating, physical disfigurement, shaving of women’s eyebrows and hair, and – in extreme cases – homicide. While dowries were banned in October 2020, dowry and other family-related disputes sometimes resulted in death or disfigurement by burning or acid.
Women who tried to report abuse often faced serious challenges. Police and judges were sometimes reluctant to act in domestic violence cases, viewing them as family problems. Instead of filing charges, police often responded by encouraging the parties to reconcile. Authorities routinely returned abused women to their abusive family members.
A report by the nonprofit Aurat Foundation found that violence against women increased during the COVID-19 pandemic. The NGO Sustainable Social Development Organization also cited an increase in domestic violence and abuse against women and children due COVID-19 related lockdowns. To address societal norms that disapprove of victims who report gender-based violence, the Islamabad Capital Territory Police (ICTP) created desks at some police stations, staffed by female officers, to offer women a safe place to report complaints and file charges. The ICTP also established a Gender Protection Unit in May, designed to handle cases related to gender violence, domestic and child abuse, and harassment. Cases can be reported through a designated telephone number.
In August, responding to an increase in cases of violence against women, Punjab police introduced a cellphone application that enabled women to contact police surreptitiously in cases in which calling by voice would invite retaliation from a male suspect. Punjab police also established anti-women-harassment and violence teams in all districts across the province. These teams, which included female officers, attempted to respond to complaints within 15 minutes.
The government continued to operate the Crisis Center for Women in Distress, which referred abused women to NGOs for assistance. Numerous government-funded Shaheed Benazir Bhutto Centers for Women across the country provided legal aid, medical treatment, and psychosocial counseling. These centers served women who were victims of exploitation and violence. Officials later referred victims to dar-ul-amans – shelter houses for abused women and children – of which there were several hundred around the country. The dar-ul-amans also provided access to medical treatment. According to NGOs the shelters did not offer other assistance to women, such as legal aid or counseling, and often served as halfway homes for women awaiting trial for adultery, but who in fact were survivors of rape or other abuse.
Government centers lacked sufficient space, staff, and resources. Many overcrowded dar-ul-amans did not meet international standards. Some shelters did not offer access to basic needs such as showers, laundry supplies, or feminine hygiene products. In some cases individuals reportedly abused women at the government-run shelters, and staff severely restricted women’s movements or pressured them to return to their abusers. There were reports of women exploited in prostitution and sex trafficking in shelters. Some shelter staff reportedly discriminated against the shelter residents, based on a belief that if a woman fled her home, it was because she was a woman of ill repute.
Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, many Dawoodi Bohra Muslims practiced various forms of FGM/C. Some Dawoodi Bohras spoke publicly and signed online petitions against the practice. Some other isolated tribes and communities in rural Sindh and Balochistan also reportedly practiced FGM/C.
Other Harmful Traditional Practices: Women were victims of various types of societal violence and abuse, including so-called honor killings, forced marriages and conversions, imposed isolation, and used as chattel to settle tribal disputes.
Several laws criminalize so-called honor killings and other acts committed against women in the name of traditional practices. Despite these laws, hundreds of women reportedly were victims of so-called honor killings, and many cases went unreported and unpunished. In many cases officials allowed the man involved in the alleged “crime of honor” to flee. Because these crimes generally occurred within families, many went unreported. Police and NGOs reported increased media coverage enabled law enforcement officers to take some action against these crimes.
On January 21, a man in Gujranwala District, Punjab, killed his wife and four children as a so-called honor killing. On January 30, a man confessed to killing four women of his family in Shahkot area of Sheikhupura District as a so-called honor killing.
In July, Noor Mukadam was sexually assaulted and beheaded by a male acquaintance. Police arrested a suspect, but the suspect’s family used their influence to pressure local police and the family of the victim to settle out of court. After the victim’s family and friends highlighted the case on social media, police arrested and charge all accomplices, who were facing trial.
On July 15, Quratul Ain Baloch was beaten to death by her husband Umar Memon in Hyderabad, Sindh, in front of their four children. Police arrested Memon and the trial was ongoing. The killing led to calls to effectively implement the 2013 Sindh Domestic Violence Act, which remained poorly enforced. Sindh-based activists stated that, despite the act’s passage, protection committees had not been formed, nor were women protection officers recruited.
The law makes maiming or killing using a corrosive substance a crime and imposes stiff penalties against perpetrators. There were reports that the practice of disfigurement – including cutting off a woman’s nose or ears or throwing acid in her face, in connection with domestic disputes or so-called honor crimes – continued and that legal repercussions were rare.
On June 7, a man threw acid on a woman in Lahore allegedly after she refused to marry him. Police registered a case against the accused. On July 31, a man tortured his ex-wife and later chopped off her nose in Rawalpindi’s Gojar Khan area. Police filed a case against the former husband. On August 31, a man threw acid on a woman for refusing his marriage proposal in Gujranwala District, Punjab. Police filed a case against the accused.
Laws provide legal mechanisms to formally register and prove the legitimacy of Hindu and Sikh marriages and allow for the termination of the marriage upon the conversion of one party to a religion other than Hinduism. Some activists claimed the latter provision weakened the government’s ability to protect against forced marriage and conversion. The law criminalizes and punishes the giving of a woman in marriage to settle a civil or criminal dispute; depriving a woman of her rights to inherit movable or immovable property by deceitful or illegal means; coercing or in any manner compelling a woman to enter into marriage; and compelling, arranging, or facilitating the marriage of a woman with the Quran, including forcing her to take an oath on the Quran to remain unmarried or not to claim her share of an inheritance. Although prohibited by law, these practices continued in some areas.
On July 14, the parliament adopted the Enforcement of Women’s Property Rights (Amendment) Bill 2021 to protect women’s property rights against being violated under duress, force, or fraud. The law, which applies only in the Islamabad Capital Territory, provides a mechanism for redress under which any woman deprived of property may file an appeal to the ombudsperson.
The law provides for the financial and administrative autonomy enabling the National Commission on the Status of Women to investigate violations of women’s rights.
Sexual Harassment: Although several laws criminalize sexual harassment in the workplace and public sphere, the problem was reportedly widespread. The law requires all provinces to have provincial-level ombudsmen. All provinces and Gilgit-Baltistan had established ombudsmen. During the year the Khyber Pakhtunkhwa Assembly passed its provincial law for the prevention of the harassment of women.
In 2018 Meesha Shafi and eight others accused pop singer Ali Zafar of sexual harassment. He denied the accusations and filed suit against the women. In 2020 the accusers were charged with defamation; if convicted, they would face up to three years in prison. At year’s end, Zafar’s sexual harassment trial had not resumed, pending the outcome of the defamation case. Women’s rights activists demanded that defamation be decriminalized, as it was used as a tool to silence survivors of sexual harassment.
On April 13, the Khyber Pakhtunkhwa Ombudsperson for Protection Against Harassment of Women ordered the removal of the political science department chairman at Islamia College University Peshawar after an investigation confirmed allegations of sexual harassment against female students.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
The government provided limited access to sexual and reproductive health services for survivors of sexual violence. Survivors of sexual violence were provided with a clinical exam and treatment; female survivors were offered emergency contraceptives. Other services provided to survivors of sexual violence varied by province. During the year the Lahore High Court declared virginity tests illegal and of no forensic value in cases of sexual violence.
Young girls and women often lacked information and means to access care. Adolescent girls have no access to counseling related to menstrual health. Unmarried individuals may access contraceptive commodities from private pharmacies; however, unmarried persons frequently faced difficulties in seeking reproductive health-care services including access to contraceptives.
Spousal opposition also contributed to the challenges women faced in obtaining contraception or delaying pregnancy. Women, particularly in rural areas, faced difficulty in accessing education on health and reproductive rights due to social constraints, which also complicated data collection.
According to the most recent Pakistan Maternal Mortality Survey, the maternal mortality ratio was 186 deaths per 100,000 live births in 2017, a rate attributed to inadequate maternal and newborn care. Women in rural areas had limited access to skilled birth attendants, including essential obstetric and postpartum care. The survey revealed three in 10 births were delivered at home, putting both mother and babies at risk. Moreover, there have been serious delays in contraceptive procurement and limited stocks of most of the contraceptive types across the country. Another report from UNICEF’s Impact of COVID-19 and Reproductive Health, Family Planning and GBV [gender-based violence] in Pakistan showed that in the country, the COVID-19 pandemic led to a 14.5 percent increase in child mortality and a 21.3 percent increase in maternal mortality in 2020.
Although fines and punishments exist, laws on child marriage have little impact because they were not well enforced. Almost 21 percent of marriages occurred before the age of 18 and 3 percent before age 15, which resulted in early onset of childbearing in 8 percent of married adolescent girls. The government has not introduced a dedicated program to address the sexual reproductive health services and contraception needs of this age group.
Discrimination: Women faced legal and economic discrimination. The law prohibits discrimination based on sex, but authorities did not enforce it. Women also faced discrimination in employment, family law, property law, and the judicial system. Family law provides protection for women in cases of divorce, including requirements for maintenance, and sets clear guidelines for custody of minor children and their maintenance. Many women were unaware of these legal protections or were unable to obtain legal counsel to enforce them. Divorced women often were left with no means of support, as their families ostracized them. Women are legally free to marry without family consent, but society frequently ostracized women who did so, or they risked becoming victims of so-called honor crimes.
The law entitles female children to one-half the inheritance of male children. Wives inherit one-eighth of their husbands’ estates. Women often received far less than their legal entitlement. In addition, complicated family disputes and the costs and time of lengthy court procedures reportedly discouraged women from pursuing legal challenges to inheritance discrimination. During the year Khyber Pakhtunkhwa passed a law for the protection of women’s inheritance rights and appointed a female independent ombudsperson charged with hearing complaints, starting investigations, and making referrals for enforcement of inheritance rights.
Data from the Punjab Women’s Helpline showed the helpline received more than a thousand complaints regarding problems concerning property and inheritance rights from January to May. According to the Secretary Women Development Department Punjab, only seven districts, out of 36 in the province, appointed officials for the protection of women inheritance rights.
Media reported that imams and other marriage registrars illegally meddled with nikah namas, Islamic marriage contracts that often detail divorce rights, to limit rights of women in marriage. In other instances women signing the contracts were not fully informed of their contents.
During the year civil society actors reported that only 7 percent of women had access to financial inclusion services in the country and that women had limited access to credit.
Article 25 (1) of the Constitution of Pakistan guarantees that “all citizens are equal before law and are entitled to equal protection of law.” Article 5 provides that “adequate provision shall be made for the minorities to freely profess and practice their religions and develop their cultures.” Article 33 declares that it is the state’s responsibility to discourage parochial, racial, tribal, sectarian, and provincial prejudices among citizens.
Members of ethnic minority groups state these provisions have never been fully implemented in practice, however. Contacts cited forced religious conversion and enforcement of Pakistan’s blasphemy laws as particular concerns for religious minorities. Article 20 of the Constitution, which enshrines every citizen’s “right to profess, practice and propagate his religion” contains the stipulation that this right is not absolute, but “subject to law, public order, and morality.”
The 2017 Hindu Marriage Law gives legal validity to Hindu marriages, including registration and official documentation, and outlines conditions for separation and divorce, including provisions for the financial security of wives and children.
The Khyber Pakhtunkhwa Rehabilitation of Minorities (Victims of Terrorism) Endowment Fund Act of 2020 set up a fund to help minorities and their families who are victims of terrorism by providing compensation, financial support, treatment, welfare, and rehabilitation.
Some Sindhi and Baloch nationalist groups claimed that authorities detained their members based on political affiliation or belief. Nationalist parties in Sindh further alleged that law enforcement and security agencies kidnapped and killed Sindhi political activists. Pashtuns accused security forces of committing extrajudicial killings, disappearances, and other human rights abuses targeting Pashtuns.
The Pashtun social movement Pashtun Tahafuz [Protection] Movement (PTM) and secular Pashtun political leaders claim Pashtuns were targeted and killed by both antistate militants and security forces because of their political affiliation or beliefs, antimilitancy stance, or criticism of the government. PTM leaders and activists claim they have been threatened, illegally detained, imprisoned without trial, banned from domestic and international travel, and censored. Anti-Taliban Pashtun activists and political leaders have been targeted and killed, allegedly by militants, in Sindh, Balochistan, and Khyber Pakhtunkhwa. Pashtuns from the former FATA complained they were frequently profiled as militants, based on their tribe, dress and appearance, or ancestral district of origin. Pashtun activists claimed they were subject to military censorship and that sedition laws were used to stifle PTM and other Pashtun voices critical of the government.
Sectarian militants continued to target members of the Hazara ethnic minority, who are largely Shia Muslim, in Quetta, Balochistan. Hazaras also continued to face discrimination and threats of violence. According to press reports and other sources, Hazaras were unable to move freely outside of Quetta’s two Hazara-populated enclaves. Community members complained that increased security measures had turned their neighborhoods into ghettos, resulting in economic exploitation. Consumer goods in those enclaves were available only at inflated prices, and Hazaras reported an inability to find employment or pursue higher education. Hazara contacts reported increased surveillance by authorities due to the arrival of Hazaras from Afghanistan following the August 2021 Taliban takeover.
Community members also alleged government agencies discriminated against Hazaras in issuing identification cards and passports. Authorities provided enhanced security for Shia religious processions but confined the public observances to the Hazara enclaves.
Birth Registration: Citizenship is generally derived by birth in the country, although children born abroad after 2000 may derive their citizenship by descent if either the mother or the father is a citizen and the child is registered with the proper authorities. Children of refugees and stateless persons do not derive citizenship by birth in country.
Education: The constitution mandates compulsory education, provided free of charge by the government, to all children between ages five and 16. Despite this provision, government schools often charged parents for books, uniforms, and other materials.
The most significant barrier to girls’ education was lack of access. Public schools, particularly beyond the primary grades, were not available in many rural areas, and those that existed were often too far for a girl to travel unaccompanied under prevailing social norms. Despite cultural beliefs that boys and girls should be educated separately after primary school, the government often failed to take measures to provide separate restroom facilities or separate classrooms, and there were more government schools for boys than for girls. The attendance rates for girls in primary, secondary, and postsecondary schools were lower than for boys. Additionally, certain tribal and cultural beliefs often prevented girls from attending schools.
Medical Care: Boys and girls had equal access to government facilities, although families were more likely to seek medical assistance for boys than for girls.
Child Abuse: On April 23, the Sindh provincial assembly passed the Child Protection Authority Amendment Act of 2021 to empower the Child Protection Authority to take punitive action against child abusers. The law includes measures to prevent the abduction, trafficking, rape, and killing of children. It also expanded the definition of child abuse to include psychological, physical, and sexual violence, economic exploitation, child marriage, child labor, child trafficking, corporal punishment, injury, and maltreatment. It also declared child abuse as a non-bailable offense.
Child abuse was widespread. Employers, who in some cases were relatives, abused young girls and boys working as domestic servants by beating them and forcing them to work long hours. In January the rape and murder of a seven-year-old maid, Monika Larik, in Khaipur in northern Sindh sparked province-wide protests. On January 20, police announced the arrest of a suspect employed at the same location.
Many children who worked as domestic servants were human trafficking victims. In some circumstances trafficked children were forced to beg to gain money for their employers.
Local authorities subjected children to harmful traditional practices such as treating girls as chattel to settle disputes and debts.
On April 9, the Peshawar High Court inaugurated child protection courts in the Khyber Pakhtunkhwa Districts of Kohat, Bannu, Swat, and Dera Ismail Khan, bringing the number of child protection courts active in Khyber Pakhtunkhwa to eight. Child protection courts were already present in Peshawar, Abbottabad, and Mardan Districts, and in Mohmand tribal District. There were 12 child protection units operational in Peshawar, Charsadda, Mardan, Swabi, Swat, Bannu, Buner, Abbottabad, Kohat, Lower Dir, Battagram, and Chitral Districts.
The law defines statutory rape as sexual intercourse with a girl or boy younger than 16.
Child, Early, and Forced Marriage: Despite legal prohibitions, child marriages occurred. Federal law sets the legal age of marriage at 18 for men and 16 for women, and a law in Sindh sets 18 as the legal age of marriage for both boys and girls. According to UNICEF, 21 percent of girls were married by the age of 18. An individual convicted of child marriage may be imprisoned for no less than five years and no more than 10 years and may also be fined. At times, men would evade Sindh child marriage law by traveling to a different province for the marriage.
The Council of Islamic Ideology has declared child marriage laws to be un-Islamic, noting they were “unfair and there cannot be any legal age of marriage.” The council stated that Islam does not prohibit underage marriage since it allows the consummation of marriage after both partners reach puberty. Decisions of the council are nonbinding.
In rural areas poor parents sometimes sold their daughters into marriage, in some cases to settle debts or disputes. Although forced marriage is a criminal offense, in many filed cases, prosecution remained limited.
A children’s rights NGO stated that from January to June, authorities received reports of 51 cases of underage marriage.
On February 16, a court in Faisalabad ordered the release of a 13-year-old Christian girl and allowed her to rejoin her parents after she was abducted, forcibly converted to Islam, and married to a 45-year-old Muslim man in June 2020.
In March a 13-year-old girl was abducted and forced to convert to Islam. On March 16, police recovered the girl and a court ordered her to be moved to a shelter home.
Sexual Exploitation of Children: Various local laws exist to protect children from child pornography, sexual abuse, seduction, and cruelty, but federal laws do not prohibit using children for commercial sexual purposes or pornographic performances, although child pornography is illegal under obscenity laws. Legal observers reported that authorities did not regularly enforce child protection laws. In 2020, according to the NGO Sahil, 2,960 children were sexually abused, including 1,510 girls and 1,450 boys.
On March 6, the body of a 13-year-old religious seminary student was found on the rooftop of a mosque in Pano Aqil, Sindh. According to police, he was tortured and sexually assaulted before being killed. Police arrested four individuals, including three clerics, for their alleged involvement in the incident.
On April 12, police in Chakwal, Punjab arrested a cleric and his accomplice for molesting seminary students and filming the acts over a period of three years. The victims included four girls and a boy who were students at the seminary.
On June 20, Lahore police arrested former Jamiat Ulema-i-Islam leader and renowned cleric Mufti Azizur Rehman after he was found sexually abusing a madrassa student. The cleric was found guilty of the crime, and police asked the court to reject his bail request, which was then denied.
Infanticide or Infanticide of Children with Disabilities: Parents occasionally abandoned unwanted children, most of whom were girls. By law anyone found to have abandoned an infant can be imprisoned for seven years, while anyone guilty of secretly burying a deceased child can be imprisoned for two years. Conviction of murder is punishable by life imprisonment, but authorities rarely prosecuted infanticide.
Displaced Children: According to civil society sources, it was difficult for children displaced by military operations to access education or psychological support upon their return to former conflict areas. Nonetheless, the Khyber Pakhtunkhwa government reconstructed some of the 1,800 schools in the former FATA districts, where large numbers of internally displaced persons had returned. The government prioritized rehabilitating schools and enrolling children in these former conflict areas, and the overall number of out-of-school children decreased, according to international organizations.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
Most of the historic Jewish community has emigrated. Anti-Semitic sentiments were widespread in the vernacular press. Hate speech used by some politicians and broadcast in some print media and through social media used derogatory terms such as “Jewish agent” to attack individuals and groups or referred to “Zionist conspiracies.”
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law provides for equal rights for persons with disabilities, and provincial special education and social welfare offices are responsible for protecting the rights of persons with disabilities; nonetheless, authorities did not always implement its provisions. Each province has a department or office legally tasked with addressing the educational needs of persons with disabilities. Despite these provisions, most children with disabilities did not attend school, according to civil society sources.
Only 14 percent of persons with disabilities were employed, with job opportunities scarce due to limited access to quality education, little support for job seekers, and business attitudes that regard persons with disabilities as unable to work. Employment quotas at the federal and provincial levels require public and private organizations to reserve at least 2 percent of jobs for qualified persons with disabilities. Authorities only partially implemented this requirement due to lack of adequate enforcement mechanisms. Organizations that did not wish to hire persons with disabilities could instead pay a fine to a disability assistance fund. Authorities rarely enforced this obligation. The National Council for the Rehabilitation of the Disabled provided job placement and loan facilities as well as subsistence funding. Access to polling stations was challenging for persons with disabilities because of severe difficulties in obtaining transportation. The law allows for absentee voting for persons with disabilities. To register for an absentee ballot, however, persons with disabilities were required to obtain an identification card with a special physical disability symbol. According to disability rights activists, the multistep process for obtaining the special identification symbol was cumbersome and challenging.
Those with disabilities commonly encountered daily challenges such as barriers to community mobility, reduced access to education and health-care services, and higher risk of suffering from depression. These persons faced additional challenges related to employment and economic opportunities during the COVID-19 pandemic. Restrictions on acquiring goods and services and limitations on the use of transportation were additional challenges due to COVID-19.
In 2020 the government abolished the 2 percent public and private company employment quota for persons with disabilities. Disability rights groups criticized the hasty way the ordinance was promulgated, without stakeholder feedback or parliamentary debate and oversight. At a joint sitting of the parliament in September 2020, a clause was added to the Islamabad Capital Territory Rights of Persons with Disabilities Bill 2020 to restore the quota. Observers noted the clause gives companies loopholes to exempt themselves from the quota, and the act is limited to the Islamabad Capital Territory.
On February 10, the Supreme Court commuted the death sentences of two persons with mental disabilities, Imdad Ali and Kanizan Bibi. The judgment placed a ban at the federal level on applying the death penalty to those with mental disabilities.
A concentrated HIV epidemic persisted among injecting drug users, who had an infection rate of 21 percent, while the estimated prevalence in the general population was less than 0.1 percent. Stigma and discrimination by the general population and by health-care providers against persons with HIV remained a significant barrier to treatment access. An estimated 14 percent of persons with HIV knew their status, and approximately one-tenth of them were on antiretroviral treatment, according to the 2018 Joint UN Program on HIV/AIDS report. Transgender advocacy organizations and activists reported that HIV was particularly prevalent in their community, with little medical help available.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
Consensual same-sex sexual conduct is a criminal offense. The penalty for conviction of same-sex relations is a fine, two years to life imprisonment, or both. Although not enforced since the 1985 lifting of martial law, the Hudood Ordinance of 1979 criminalizes sexual intercourse outside of marriage in accordance with sharia, with penalties of whipping or, potentially, death. There have been disputes as to whether the Hudood Ordinance notionally applies to both opposite-sex and same-sex conduct, but there were no known cases of the government applying the ordinance to same-sex conduct, and there have been no known cases of executions for homosexuality. LGBTQI+ persons rarely revealed their sexual orientation or gender identity in the public sphere. There were communities of openly transgender women, but they were marginalized and were frequently the targets of violence and harassment.
Violence and discrimination continued against LGBTQI+ persons. The crimes often went unreported, and police generally took little action when they did receive reports.
In 2019 the inspector general of police announced that the government would provide 0.5 percent of the office jobs in the Sindh police force to members of the transgender community. Transgender activists stated police had not implemented this plan. In 2020 Rawalpindi police launched a pilot project to protect transgender individuals. The project, called the Tahafuz Center, included the first transgender victim-support officer, who was also a member of the transgender community.
On February 11, unidentified assailants shot two transgender persons in the Madukhalil area of Gujranwala District in Punjab. On April 5, armed men entered the house of a 65-year-old transgender person, Mumtaz, and shot and killed her in Karachi. On July 15, the HRCP expressed concern that violence against the transgender community in Karachi was growing.
On April 8, police found the body of a 25-year-old transgender woman who was allegedly burned alive in Nishtar Colony of Lahore. On August 11, police found the body of a transgender person in Shah Khalid colony of Rawalpindi District, Punjab.
A local NGO reported that prison officials in Khyber Pakhtunkhwa held transgender prisoners separately and that the provincial government formed a jail oversight committee to improve the prison situation. Khyber Pakhtunkhwa police stations have a dedicated intake desk for transgender persons and have added transgender rights education to police training courses. Local NGOs working in the Islamabad Capital Territory and Punjab conducted transgender sensitization training for police officers. In October the country’s first governmental Transgender Protection Center opened in Islamabad to provide legal aid, psychological counseling, and health and rehabilitation services for the transgender community. In June the federal Ministry of Human Rights held an awareness-raising and sensitization workshop for Islamabad police regarding laws related to child domestic workers, child abuse, and transgender persons.
According to LGBTQI+ NGOs and activists, society generally shunned transgender women, eunuchs, and intersex persons, who often lived together in slum communities and survived by begging and dancing at carnivals and weddings. Some also worked as prostitutes. Local authorities often denied transgender individuals their share of inherited property and admission to schools and hospitals. Property owners frequently refused to rent or sell property to transgender persons. The law accords the right of transgender individuals to be recognized according to their “self-perceived gender identity,” provides for basic rights, prohibits harassment of transgender persons, and outlaws discrimination against them in employment, housing, education, health care, and other services. No such law, however, protects the rights of lesbian, gay, or bisexual individuals.
A Supreme Court ruling allows transgender individuals to obtain national identification cards listing a “third gender.” Because national identity cards also serve as voter registration, the ruling enabled transgender individuals to participate in elections, both as candidates and voters.
Societal violence due to religious intolerance remained a serious problem. There were occasional reports of mob violence against religious minorities, including Christians, Ahmadi Muslims, and Hindus. Shia Muslim activists reported continuing instances of targeted killings and enforced disappearances in scattered parts of the country.
In March a mob demolished the dome and minarets of an Ahmadi place of worship in Garmola Virkan village of Gurjranwala District, Punjab.
In April an Ahmadi place of worship was vandalized, allegedly with the participation of police, in Muzaffargarh District of Punjab.
In August the Punjab government transferred two Ahmadi officials from Chakwal District after a group of Sunni clerics demanded their expulsion from the district within three days.
On September 2, an Ahmadi British national, Maqsood Ahmed, was shot and killed by unknown assailants in Dharowal area of Nankana Sahib District. No arrest was made.
On September 9, a mob attacked a Pentecostal church in Lahore.
Women’s rights groups faced threats of violence from religious groups. In March organizers of women’s (Aurat) march received threats from extremist groups including a right-wing newspaper Ummat, who considered the march to be “vulgar and anti-Islamic.” The march was held amid strict government security, but many NGOs did not participate in the event after receiving direct threats. In the aftermath of the march, several groups accused the organizers of blasphemy and tried to book legal cases against them. On April 15, Peshawar police booked the organizers and participants of the women’s march in Islamabad on the charge of committing blasphemy, but the organizers and participants were not prosecuted.