Prostitution in Pakistan - Law

Law

Prostitution has no legal recognition in Pakistan. Moreover despite growth of male prostitution and gay prostitution, homosexuality is outlawed in the nation. Under Section 377 of the Pakistan Penal Code, whoever voluntarily has "carnal intercourse against the order of nature with any man, woman or animal" shall be punished by 100 lashes and from 2 years to life imprisonment. While arrests are not common for homosexuality, the law is used as a tool to blackmail. Police frequently take money or sex from people they know to be involved in commercial or non-commercial homosexual relationship. Pakistani law is greatly influenced by the Penal Code drawn up by the British in 1892. This remains a major element of the current Pakistani law.

Section 371A and section 371B of the Pakistan Penal Code states:

371A. Selling person for purposes of prostitution, etc.– Whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine.
Explanations.–(a) When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. (b) For the purposes of this section and section 371B, "illicit intercourse" means sexual intercourse between persons not united by marriage.

371B. Buying person for purposes of prostitution, etc.–-Whoever buys, hires or otherwise obtains possession of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine.
Explanation.–Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female shall, until the contrary is proved be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.

Sexual relations between two consenting adults was not a crime in Pakistan before 1979. Only the involvement of minors in prostitution was prohibited by law. Later the Zina Ordinance was enacted and extramarital sex became a criminal offence.

In the 1950s, "dancing-girls" were legitimized as "artists" in a High Court order. Thus they were permitted to perform for three hours in the evening. This is the only legal cover they have obtained till date. Other carnal activities, red-light districts and brothels remain illegal business and operate as an open secret let be by offering huge sums in bribe to the police. Many areas in Pakistan like Heera Mandi in Lahore and 12 No Chungi in Sargodha are govt licensed areas and police protect them due to some political reasons.