Sex Workers in Pakistan: A Legal and Social Perspective

Sex work in Pakistan remains illegal and socially condemned. However, the reality of this profession reveals a stark contradiction. During the day, sex workers face severe social stigma, ostracism, and moral condemnation. They often live in secrecy to avoid public shaming. Yet, during the night, many of the same individuals who publicly shun them seek their services in private. This duality reflects deeper societal hypocrisy—where sex workers are desired in secret but scorned in public.

Legal Framework and Recent Amendments

The *Hudood Ordinance* of 1979 criminalized adultery and fornication, leading to increased crackdowns on sex workers. The Protection of Women (Criminal Law Amendment) Act, 2006 introduced important distinctions between *zina* (adultery) and non-consensual acts like rape. Specifically, sections 376, 496-B, and 496-C of the Pakistan Penal Code (PPC) deal with crimes like rape and fornication, with Section 496-B criminalizing consensual sexual relations outside of marriage, punishable by up to five years in prison.

The Federal Shariat Court, in “Shariat Petition 12-I of 2020”, upheld these provisions as consistent with Islamic principles, reiterating the distinction between *zina* punishable by *hadd* and lesser punishments under *tazir*. The court emphasized that if the strict evidentiary requirements for *zina* (such as four male eyewitnesses) are not met, the state can still impose discretionary punishments for fornication.

Recent Legal Developments

One of the most significant recent developments in Pakistan’s legal landscape regarding women’s rights is “Justice Ayesha Malik’s” groundbreaking ruling in 2021, which banned the *two-finger test* used to examine victims of sexual assault. The court ruled that this practice was unscientific, degrading, and a violation of women’s fundamental rights to dignity and privacy. Justice Malik emphasized that the test did not provide any evidence regarding sexual assault and should no longer be part of medical examinations for rape victims. This judgment reflects the judiciary’s growing commitment to protecting women’s rights and bodily autonomy, setting a crucial precedent for future cases.

This ruling is especially significant in a society where sex workers are already marginalized. The elimination of the two-finger test helps to protect the dignity of women accused of engaging in sex work or those reporting sexual violence. It removes a tool of moral judgment that has been historically used to stigmatize women based on their perceived “virginity” or sexual history.

Additionally, a landmark ruling in 2024 marked Pakistan’s first conviction for marital rape, signaling a further shift in legal recognition of women’s rights to bodily autonomy within intimate relationships. Although the conviction focused on sodomy, it set a precedent for addressing non-consensual sexual acts within marriage.

Social Challenges and Hypocrisy:

Sex workers live under extreme social duress, often forced into the profession by poverty, trafficking, or coercion. By day, they face public condemnation, but at night, they serve many of the same individuals who publicly reject them. This stark contradiction exemplifies the deep-rooted societal hypocrisy regarding sex and morality in Pakistan. While sex workers are scorned, they remain in demand, which leaves them vulnerable to abuse, exploitation, and harassment—both from law enforcement and clients.

Due to the stigma surrounding their profession, sex workers have limited access to social services, healthcare, or alternative employment opportunities. Their lives are characterized by secrecy, fear of legal action, and a constant battle for survival. This social disdain makes it difficult for them to escape the cycle of poverty and marginalization.

Key Legal Provisions: Section 203-C of Cr.PC:

The procedural framework governing fornication complaints is outlined in *S.203-C of the Code of Criminal Procedure (CrPC)*, which provides several protections:
– A formal complaint must be lodged in a competent court.
– The complaint must be supported by the sworn testimony of two eyewitnesses.
– If the presiding officer finds sufficient evidence, only then can the accused be summoned.

If these requirements are not met, the proceedings related to Section 496-B PPC are invalid. This provision prevents the misuse of fornication accusations and protects individuals from false or frivolous charges.

Court Judgments and Privacy Rights:

The Superior Courts of Pakistan have repeatedly emphasized the right to privacy under Article 14 of the Constitution. Law enforcement cannot raid private residences or make arrests based solely on accusations of immoral activity unless there is concrete evidence. The courts have reinforced that moral policing must not infringe upon individual privacy unless a clear legal offense is proven. The *Shariat Petition 12-I of 2020* decision further underscores that *zina* and fornication accusations must meet strict evidentiary standards.

Seeking Legal Protection:

For sex workers facing legal troubles or wrongful detentions, seeking legal protection is essential. Lawyers can help protect their rights and ensure due process under the law. Sex workers in need of legal assistance can contact firms like *Pak-Lawyer Associates* for representation and legal advice in cases of wrongful detention or mistreatment. Legal advocacy is crucial for challenging the societal stigma and ensuring that their rights are upheld.

Conclusion:

While sex work remains illegal in Pakistan, societal attitudes toward sex workers expose a double standard where they are condemned publicly but sought privately. Legal reforms, such as *S.203-C CrPC* and recent judgments like the *ban on the two-finger test*, provide procedural protections and signal a shift toward recognizing women’s rights. Despite these advancements, the societal stigma surrounding sex work continues to marginalize sex workers, leaving them vulnerable to exploitation and abuse while navigating a legal system that criminalizes their profession. The ongoing legal changes and the establishment of legal aid resources offer hope for better protection and support for individuals involved in sex work.