LGBT rights in Bangladesh

LGBT rights in Bangladesh Bangladesh
Same-sex sexual intercourse legal status Illegal since 1860 (inherited law under the British Indian Government)[1]
Penalty:
 According to Section 377 of the Bangladeshi Penal Code: "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 that is, hard labor or simple for a term which may extend to ten years, and shall also be liable to fine".[2]
Gender identity/expression Third gender recognised
Discrimination protections No
Family rights
Recognition of
relationships		 No
Adoption No

Lesbian, gay, bisexual and transgender (LGBT) rights are heavily disrespected in Bangladesh.[3][4] Due to the traditional mentality of the predominantly conservative Bangladeshi society, negative attitudes towards those in the LGBT community are high. Homosexuality has been illegal under Bangladeshi law since 1860, when it was governed by the British Indian Government,[5] and is punishable by up to life imprisonment, though this law is not enforced always. It is still dangerous for those who identify as LGBT to openly come out in society because of communal rejection, shame, assault, or murder.[1]

Human Rights Watch states that "discrimination against lesbian, gay, bisexual, and transgender (LGBT) people is pervasive in Bangladesh".[6][7]

Transgender individuals (called hijras in South Asia) are legally recognised as a third gender in Bangladesh. Nonetheless, they still face societal discrimination and rejection, despite being part of Bangladeshi and South Asian culture since the Kama Sutra period (400 BC to 200 AD).

Legality of same-sex sexual activity

Section 377 of the Penal Code forbids anal or oral sex, regardless of the gender and sexual orientation of the participants.

377. Unnatural offenses: 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 for a term which may extend to ten years, and shall also be liable to fine.

Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in this section.[8][9]

The ambit of Section 377 extends to any sexual union involving penile insertion. Thus, even consensual heterosexual acts such as fellatio and anal penetration may be punishable under this law.[10][9]

In 2009 and 2013, the Bangladeshi Parliament refused to overturn Section 377.[11]

Recognition of same-sex relationships

LGBT flag map of Bangladesh

The society doesn't recognize same-sex relationship[12], love only between two people of the opposite-gender is supported though social conservatism is an impediment in this context also.[13]

On 23 July 2013, a lesbian couple was arrested for marrying in secret. Shibronty Roy Puja, a 16-year-old Hindu, and Sanjida Akter, 21-year-old Muslim, fled their town for Dhaka, the capital, and got married in a Hindu ceremony. They were then arrested and threatened with life imprisonment.[14] Similarly, another lesbian couple was arrested in October 2013 for their relationship. One member of the couple was described as having short hair and identified as the husband. The police had them take sex identification tests, and the doctors stated they were both females. The case was filed under Section 209, which is about unsocial activities.[15]

Constitutional rights

The Constitution of Bangladesh has several provisions that could apply to LGBT citizens:[16]

  • Part II Article 19 – Promises equal opportunity for all citizens.
  • Part III Article 27 – Promises equality before the law for all citizens.
  • Freedom of religion and the press are both promised, but subject to restrictions based on "decency or morality".
  • A citizen is not eligible to be a member of Parliament if they are convicted of a "criminal offence involving moral turpitude".

Gender identity and expression

On 11 November 2013, hijras were recognised as a separate gender by the Bangladeshi Government in a cabinet meeting chaired by Prime Minister Sheikh Hasina Wazed. Along with males and females, hijras will be identified as a separate gender on official documents. A survey by the Ministry of Social Welfare showed that, as of 2013, there are 10,000 registered hijras in the country.[17] Despite this, Bangladesh does not have policies outlining measures individuals must undergo to legally change their gender on their official documents, nor is there clarity about whom may qualify as a hijra. Because there are no guidelines, officials act and rely on their own personal understanding of hijra when tasked to change official documents, thus potentially resulting in discrimination for hijras.[18]

In December 2014, the Ministry of Social Welfare invited hijras to apply for government employment. In January 2015, the Ministry of Health issued a memorandum requesting that "necessary steps are taken to identify hijras by conducting thorough medical check-ups". These check-ups resulted in hijras having to publicly strip naked and have their genitals touched. Photographs of these check-ups were later released to the media who then claimed that hijras are "really men".[19] In July 2015, after a hijra witnessed the murder of a secular blogger, and successfully helped in the arrest of the perpetrators, who were Islamic radicals, the Bangladeshi government announced plans to recruit and enlist hijras as traffic police.[20]

Social attitude

Although public display of affection between friends of the same sex in Bangladesh is commonly approved and does not raise any controversies, there appears to be a strong objection towards homosexuality as such.[21] This hostile attitude results from religious tradition of the country, with Islam being professed by approximately 90% of the population, and mentality of Bangladeshi society. There appears to be an intense social pressure to marry someone of the opposite sex, grounded in patriarchal model of the society. Non-family members, including police and religious fundamentalist groups, have been known to blackmail, harass and even physically attack LGBT people. These "morality minders" are not sanctioned by the government, but they take advantage of the absence of civil rights and hate crime laws for sexual and gender minorities.[22]

In 2003, Dr. Gary Dowsett, an Australian professor, published a report titled A Review of Knowledge About the Sexual Networks and Behaviours of Men Who Have Sex with Men in Asia as part of a study on how the AIDS pandemic is impacting the nation.[23] The bulk of the report focused on male prostitution, but it did generate some public discussion about LGBT issues, with Indian movies and water poisoning through arsenic being blamed for making homosexuality more common.[24] In reply, some people criticized these negative viewpoints as being unsound scientifically and based on prejudice.[25]

In 2011, a research-based engagement with a school of public health at a university in Bangladesh had aimed to raise public debate on sexuality and rights in a very sensitive political context. By bringing together stakeholders, including members of sexual minorities, academics, service providers, media, policy makers and advocacy organizations, the research engagement worked to bring visibility to hidden and stigmatized sexuality and rights issues. Critical steps towards visibility for sexual minorities include creating safe spaces for meeting, developing learning materials for university students and engaging with legal rights groups.[26]

Bangladeshi LGBT organisations

The first attempt to create an LGBT organisation in Bangladesh came in 1999, when a man called Rengyu, described as a "middle-aged foreign-educated guy from an indigenous tribe", opened the first online group for Bangladeshi gay people, called Gay Bangladesh.[27] It drew over 1,000 members; however, after Rengyu's death, its activity slowed down and the group itself became neglected.[27] In 2002, two other online groups appeared on the Yahoo! portal: Teen Gay Bangladesh, moderated by Prakash and Abrar, and Boys Only Bangladesh, created by Quazi Haque. Both groups were deleted by Yahoo! authorities in December 2002, and after several restarts and name changes, the only surviving group remains Boys Only Bangladesh, now called Boys of Bangladesh (BoB). The group, whose current moderator is Tanvir Alim, is the largest network for Bangladeshi gay men, organising numerous LGBT rights-related events in Dhaka since 2009. Boys of Bangladesh aims at building a gay community in the country and repealing Section 377.[28]

LGBT rights rally during the Pohela Boishakh (2015) in Dhaka.

In January 2014, Bangladesh's first LGBT magazine was published. The magazine is named Roopbaan after a Bengali folk character who represents the power of love.[29]

Since 2014, every year at the beginning of the Bengali new year on 14 April, a Pride event called Rainbow Rally has been organised in Dhaka. After threats, the 2016 event had to be cancelled. On 25 April 2016, Xulhaz Mannan, a founder of Roopbaan and organiser of the Rainbow Rally, was killed in his apartment together with a friend.[30]

Many people have turned to Boys of Bangladesh to discuss their feelings and connect with similar individuals who face the same problems they do. The forum has not registered as an organisation because they do not want to associate themselves with the MSM (Men who have sex with men) label. They do not wish to fall under the umbrella of being MSMs because they view it as a degrading term. The group's coordinator has stated that the MSM label is only about men having sex with other men. It is considered more than that.[31] The online forum arranges events for gay men to meet and socialise. Not all people have access to their group because they do not have access to the internet. Nonetheless, BoB has more than 2,000 registered members, including PhD holders and doctors.[31]

The UN Population Fund and several NGOs have put pressure on Bangladesh to address issues such as LGBT rights and sexuality education. These issues were discussed at the Sixth Asian and Pacific Population Conference which began on 16 September 2013. Bangladesh altogether opposed the UNFPA's idea to support LGBT rights. Bangladesh's permanent representative to the UN, Abulkalam Abdul Momen, said that adopting such policies would go against the country's social norms.[32]

In September 2014, at the International Conference on Population Development, Bangladesh refused the idea of providing rights to the LGBT community. Abdul Momen made similar comments in regards to the situation as he did the previous year at the Sixth Asian and Pacific Population conference. He was quoted saying that, like other Muslim or even Christian countries, Bangladesh does not support LGBT rights because it does not represent their values.[33]

Human rights reports

2017 United States Department of State report

In 2017, the United States Department of State reported the following, concerning the status of LGBT rights in Bangladesh:

  • "The most significant human rights issues included: extrajudicial killings, torture, arbitrary or unlawful detentions, and forced disappearances by government security forces; restrictions on civil liberties, including freedom of speech, press, and the activities of non-governmental organizations (NGOs); a lack of freedom to participate in the political process, corruption, violence, and discrimination based on gender, religious affiliation, caste, tribe, including indigenous persons, and sexual orientation and gender identity also persisted and, in part, due to a lack of accountability."[34]
  • Freedom of Expression, Including for the Press
    "Non-governmental Impact: atheist, secular, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) writers and bloggers reported they continued to receive death threats from violent extremist organizations. In November, a human rights lawyer claimed he received death threats for writing about and advocating for the country’s LGBTI community."[34]
  • Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
    "Consensual same-sex sexual activity is illegal under the law. LGBTI groups reported police used the law as a pretext to bully LGBTI individuals, as well as those considered effeminate regardless of their sexual orientation, and to limit registration of LGBTI organizations. Some groups also reported harassment under a suspicious behavior provision of the police code. The transgender population has long been a marginalized, but recognized part of society, but it faced continued high levels of fear, harassment, and law enforcement contact in the wake of violent extremist attacks against vulnerable communities.
    Members of LGBTI communities received threatening messages via telephone, text, and social media, and some were harassed by police.
    In May, RAB forces raided the Chayaneer Community Center in Keranigan during a dinner organized by the LGBTI community from that area. According to witnesses, 28 individuals were arrested of the 120 persons present at the time of the raid. The witnesses also stated RAB separated the diners into small groups and beat them before identifying individuals for arrest. During the raid RAB announced to the media the raid was conducted based on suspicion of homosexual activity and allowed the media to photograph some of the arrested individuals. RAB later announced the attendees were not engaged in “illegal sexual activities” at the time of the raid and were instead arrested for possession of narcotics--specifically yaba (a combination of methamphetamine and caffeine) and cannabis. The court system remanded four of the individuals. Of the remaining 24 individuals, 12 were detained for further questioning and 12 were sent directly to jail.
    Following these events and continued harassment, many members of LGBTI communities, including the leadership of key support organizations, continued to reduce their activities and sought refuge both inside and outside of the country. This resulted in severely weakened advocacy and support networks for LGBTI persons. Organizations specifically assisting lesbians continued to be rare. Strong social stigma based on sexual orientation was common and prevented open discussion of the subject."[34]
  • HIV and AIDS Social Stigma
    "Social stigma against HIV and AIDS and against higher-risk populations could be a barrier for accessing health services, especially for the transgender community and men who have sex with men."[34]
  • Discrimination with Respect to Employment and Occupation
    "The labor law prohibits wage discrimination on the basis of sex or disability, but it does not prohibit other discrimination based on sex, disability, social status, caste, sexual orientation, or similar factors."[34]

Summary table

Same-sex sexual activity
Equal age of consent
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriage
Recognition of same-sex couples
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military
Right to change legal gender
Recognition of a third gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples (Illegal for all couples regardless of sexual orientation)[35]
MSMs allowed to donate blood

See also

References

  1. 1 2 Bureau of Democracy, Human Rights and Labor. "Bangladesh 2016 Human Rights Report" (PDF). www.state.gov. United States Department of State. p. 45. Retrieved 28 March 2017. Consensual same-sex sexual activity is illegal under Section 377 of the Code of Criminal Procedure, but the law was not enforced.
  2. ↑ Ashif Islam Shaon (27 April 2016). "Where does Bangladesh stand on LGBT issue?". Dhaka Tribune.
  3. ↑ "Bangladesh Police Raid Gay Men's Gathering". The New York Times.
  4. ↑ "Acceptance of lesbian love: Too much to expect?". Dhaka Tribune.
  5. ↑ "Bangladesh authorities arrest 27 men on suspicion of being gay". Independent.co.uk.
  6. ↑ "World Report 2015 – Malaysia". Human Rights Watch.
  7. ↑ "Nowhere to turn for Bangladesh′s LGBT | Asia | DW | 17.05.2016". DW. 2017-05-15. Retrieved 2017-05-19.
  8. ↑ "Sodomy Laws Around the World". 24 April 2007. Archived from the original on 8 August 2007. Retrieved 1 September 2007.
  9. 1 2 "Bangladesh_Penal_Code_1860_Full_text.pdf (application/pdf Object)" (PDF). www.unodc.org. Archived from the original (PDF) on 12 March 2014. Retrieved 9 December 2012.
  10. ↑ "Bangladesh: Treatment of homosexuals including legislation, availability of state protection and support services". www.unhcr.org. Archived from the original on 16 April 2013. Retrieved 9 December 2012.
  11. ↑ Pawar, Yogesh. Bangladesh Refuses to Abolish Criminalisation of Same-Sex Ties; in Denial about its 4.5 Million-Strong LGBT Community, Dhaka Shoots Down the United Nations Human Rights Commission Recommendations., 2013. Print
  12. ↑ "Slaughtered in Bangladesh for Promoting Love and Diversity". hrw.org.
  13. ↑ "To Love In Bangladesh". HuffPost.
  14. ↑ Kuddus, Omar. "Bangladesh Lesbian Couple Threatened with Life in Jail for Getting Married." Gay Star News. N.p., n.d. Web. 25 October 2014.
  15. ↑ Kuddus, Omar, and Tris Reid-Smith. "Bangladesh Jails 'married' Lesbian Couple." Gay Star News. N.p., n.d. Web. 25 October 2014.
  16. ↑ "Constitution of the People's Republic of Bangladesh". bdlaws.minlaw.gov.bd. Retrieved 27 April 2011.
  17. ↑ Karim, Mohosinul (25 October 2014). "Hijras Now a Separate Gender". Dhaka Tribune.
  18. ↑ "Respecting their rights". dhakatribune.com. 20 December 2017.
  19. ↑ "Abuses in Bangladesh's Legal Recognition of Hijras". Human Rights Watch. 23 December 2016.
  20. ↑ "Hijras to be recruited as traffic police". Dhaka Tribune. 19 May 2015.
  21. ↑ "Dhaka Diary: Gays and Lesbians: the hidden minorities of Bangladesh". mukto-mona.net. Retrieved 2007-10-13.
  22. ↑ Ashok Deb. "A text book case how sexuality is enforced upon in Bangladeshi society". lgbtbangladesh.wordpress.com. Retrieved 20 January 2011.
  23. ↑ "Report - HPP000890". www.hivpolicy.org. Retrieved 20 January 2011.
  24. ↑ "Why gay men flee Bangladesh". www.ect.org. 16 April 2003. Retrieved 20 January 2011.
  25. ↑ "সমকামিতা কি কোন জেনেটিক রোগ? (এবং আমার নতুন বই)" (in Bengali). mukto-mona.com. Retrieved 20 January 2011.
  26. ↑ Farah Ahmed, Hilary Standing, Mahrukh Mohiuddin, Sabina Rashid. "Publications - Creating a public space and dialogue on sexuality and rights: a case study from Bangladesh". www.futurehealthsystems.org. Retrieved 24 May 2012.
  27. 1 2 "The Boys of Bangladesh". pink-pages.co.in. Retrieved 9 January 2013.
  28. ↑ "Bangladesh: Treatment of homosexuals including legislation, availability of state protection and support services". www.unhcr.org. Archived from the original on 16 April 2013. Retrieved 9 January 2013.
  29. ↑ "Archived copy". Archived from the original on 30 April 2016. Retrieved 2016-02-13.
  30. ↑ "Founder of Bangladesh's first and only LGBT magazine killed". The Guardian. Retrieved 2 May 2016.
  31. 1 2 Ebert, Rainer, and Mahmudul Hoque Moni. "In Bangladesh, Dies a Vestige of Colonialism." Gay & Lesbian Review Worldwide 18.3 (2011): 45-. Print
  32. ↑ Zaman, Sheikh Shahariar. "UNFPA for Gay Rights in Bangladesh." UNFPA for Gay Rights in Bangladesh | Dhaka Tribune. N.p., n.d. Web. 25 October 2014.
  33. ↑ Zaman, Sheikh Shahriar. "Bangladesh Opposes ICPD's LGBT Rights Move | Dhaka Tribune." Bangladesh Opposes ICPD's LGBT Rights Move | Dhaka Tribune. N.p., n.d. Web. 25 October 2014. The IPCD proposed to provide rights to the LGBT community
  34. 1 2 3 4 5 BANGLADESH 2017 HUMAN RIGHTS REPORT This article incorporates text from this source, which is in the public domain.
  35. ↑ SURROGACY LAW AROUND THE WORLD
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