The following information was obtained from the Human Rights Commission of Pakistan (HRCP) in Lahore, Pakistan:

Under Section 377 (Unnatural Offences) of the Pakistan Penal Code of 1860, "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 which shall not be less than two years nor more than ten years, and shall also be liable to fine."

This provision was amended in 1980 by an ordinance which raised the minimum punishment to ten years and a fine. Under Section 12 of the Hudood Ordinances, "Whoever kidnaps or abducts any person in order that such person may be subjected [...] to [...] unnatural lust [...] shall be punished with death or [...] imprisonment for a term which may extend to twenty-five years, and shall also be liable to a fine [...] (Angam 1984, 59-60).

According to Asma Jahangir and Hina Jilani, co-authors of The Hudood Ordinances: Divine Sanction?, the Hudood Ordinances were promulgated to bring criminal law in conformity with the Shariat and they apply to non-Muslims as well as Muslims in Pakistan. However, the punishment varies according to civil status and religion. For example, the punishment for adult married Muslims who committed rape or Zina (sexual intercourse outside marriage) is death by stoning; whereas for adult non-Muslims and adult single Muslims found guilty of the same offence, the punishment under Hudood is 100 lashes (Janhangir & Jilani 1 June 1990, 24). The same authors further indicate that all offences to Hudood are tried by regular criminal courts at the original level, and presiding judges must be Muslims only in cases where the accused is a Muslim. However, the Federal Shariat Court (FSC), which has exclusive jurisdiction to hear appeals, is presided over by Muslims only and does not allow the presence of non-Muslim lawyers. According to Jahangir and Jilani, "although bail applications are entertained both by the FSC and the ordinary High Courts [...], in practice, 90% bail applications of Hudood Offences are moved in the High Courts." (Ibid., 25).

Further information on this subject is currently unavailable to the IRBDC. We are expecting more information from the Human Rights Commission of Pakistan. We will forward any additional information to you.

Angam, Ashan Sohail. The Pakistan Penal Code. Lahore Mansoor Book House.

Human Rights Commission of Pakistan, Lahore. 15 October 1991. Télécopie.

Jahangir, Asma & Jilani, Hina. The Hudood Ordinances: Divine Sanction? Jahore: Rhotas Books, 1 June 1990.

Angam, Ashan Sohail. The Pakistan Penal Code. Lahore: Mansoor Book House.

Human Rights Commission of Pakistan, Lahore. 15 October 1991. Télécopie.

Jahangir, Asma & Jilani, Hina. The Hudood Ordinances: Divine Sanction? Lahore: Rhotas Books, 1 June 1990.