Gay afghanistan sex

Gay Afghan defies tradition to expose identity

"This is a big stigma in Afghanistan," he told the BBC. "People see it as an immoral act... According to the law those involved could be punished by death."

The Persian version of Hamid's book, which was published in 2009, has been met with a wall of silence in Afghanistan.

Although it was impossible for him to distribute hard copies inside the country, Hamid made the book available online free of charge.

But such is the taboo that almost no-one wants to comment or even to acknowledge that they've read it.

Afghan human rights officials, contacted by the BBC, refused to comment on whether gay Afghans ever appeal to them for help.

"Afghanistan is a no-go area for gays," said a human rights activist who asked not be named. "Hamid's finding is revolutionary in today's Afghanistan."

But Hamid's openness has come at a cost. His family hold disowned him and he no longer has any contact with any of them.

"My brothers asked me not to publish the book," he says. "But, I didn't want to suppress my feelings any more. I wanted to be the first voice

The decision

AJ (Risk to Homosexuals) Afghanistan CG [2009] UKAIT 00001

Asylum and Immigration Tribunal

THE IMMIGRATION ACTS


Heard at Field House
On 28 October 2008

Before

Senior Immigration Judge Batiste
Senior Immigration Judge Southern
Professor R. H. Taylor


Between

AJ

Appellant

and

THE SECRETARY OF Declare FOR THE Dwelling DEPARTMENT

Respondent

Representation:

For the Appellant: Mr Z Nasim, instructed by Mayfair Solicitors
For the Respondent: Mr S Kandola, instructed by Treasury Solicitors


1. Though homosexuality remains illegal in Afghanistan, the evidence of its prevalence especially in the Pashtun culture, contrasted with the absence of criminal convictions after the drop of the Taliban, demonstrates a lack of appetite by the Government to prosecute.
2. Some conduct that would be seen in the West as a manifestation of homosexuality is not necessarily interpreted in such a way in Afghan culture.
3. A queer returning to Afghanistan would normally search to keep his homosexuality private and to avoid coming to public attention. He would normally be able to do so, and hence avoid any real risk of persecution by the state, without the need to sup

Your privacy is important to us. We want to be sure you perceive how and why we use your data. View our Privacy Statement for more details. This also includes information on how we use cookies. Accept

Last updated: 3 April 2025

Types of criminalisation

  • Criminalises LGBT people
  • Criminalises sexual activity between males
  • Criminalises sexual activity between females
  • Imposes the death penalty

Summary

Same-sex sexual activity is prohibited under the Penal Code 2017, which criminalises acts of ‘sodomy’, ‘inciting sodomy’, and other forms of attachment. These provisions carry a maximum penalty of two years. Both men and women are criminalised under the law. The Penal Code allows for the implementation of Sharia regulation, under which same-sex sexual activity is punishable by death. In addition to the Penal Code, the ‘Propagation of Virtue and Prevention of Vice Law’, enacted by the Taliban in August 2024, further codifies the criminalisation of same-sex sexual intimacy and the persecution of LGBT people.

The primary source of law in Afghanistan is Islamic law. The channel of the revised Penal Code in 2017 was praised by the UN for its compliance with international obligations, h

gay afghanistan sex

LGBTQ people fear for their lives under Taliban rule

On the afternoon of August 26, 20-year-old college student Rabia Balhki (name changed to protect her identity) was pushing her way through the crowd outside the Kabul airport. Nearby, Taliban fighters occasionally fired warning shots into the air while beating people with sticks.

In panic, people fled in all directions, making it even more difficult for Rabia to access the airport. But she remained undeterred. Rabia told DW that she was desperate to flee Afghanistan as she was a woman and also a lesbian.

For the Islamic fundamentalist group, the LGBTQ community's presence is not acceptable.

After overcoming all the difficulties, Rabia finally reached the airport entrance, but the Taliban officer who was guarding the gate refused to permit her through. She had no choice but to turn back and exit. An hour later, a suicide bomber detonated an explosive in the crowd and one of Rabia's relatives died on the spot.

Rabia is glad to have escaped the strike, but she doesn't comprehend if she will endure the Taliban's hunt for LGBTQ people. "The Taliban think we are enjoy the waste in society," she said. "They crave to elimin

Public opinion in Afghanistan has shown a widespread rejection of LGBTQ+ rights, reflecting a critical situation for LGBTQ+ individuals, based on limited public opinion numbers in Afghanistan.

Afghanistan is lacking public perspective data.

Help expand our understanding of the public's view on LGBTQ+ issues in Afghanistan by sharing a link to a survey from a reputable organization.

Suggest Public Opinion Data

Have you lived in or visited Afghanistan?

Share your experience of being LGBTQ+ in Afghanistan.

Take Survey

History

Homosexual action in Afghanistan

?

Homosexual task in Afghanistan is illegal (death penalty as punishment).

Illegal (imprisonment as punishment)
In 2018, Afghanistan adopted a new penal code.

Articles 645, 646, 649, and 650 criminalize: queer intimacy between women (punishable by up to one year in prison); sodomy (punishable by up to two years in prison); gay intimacy between men, even without penetration (punishable by three months to one year in prison); and facilitating sodomy by introducing individuals to each other and providing a place for it to occur (punishable by imprisonment as well).
Male illegal, female legal
In 197