LGBT rights in Bangladesh

A rainbow flag for Bangladeshi LGBT people designed by John Ashley.

Flag map of Bangladesh.

Bangladeshis became a separate sovereign country from a federated Pakistan in 1971. In 1972, the Constitution of Bangladesh was created where the old Section 377 was also entered. Though Homosexuality was rarely punished in independent Bangladesh, in the 1970s Bengali-language newspapers faced controversy for publishing literature by writers whose books were banned for homoerotic content (e.g. Daud Haider’s homoerotic poem was banned). In the 1980s - 2000s, Bangladeshi brothels contained male homosexual prostitutes. LGBT human rights are not respected in the People's Republic of Bangladesh, and there appears to be no organized movement to advance such human rights. And such acts of homosexuality will lead to life in prison, or even face the death penalty.

By the 21st century, homophobia and transphobia remained prevalent in Bangladesh. However, various organizations emerged advocating for LGBT rights like ‘Bandhu Social Welfare Society', ‘Bengayliz’, and ‘Boys of Bangladesh’. In 2014, ‘Roopbaan’ became the first time openly LGBT magazine in Bangladesh and focused on homosexual romance. However, the magazine shut down when its chief editor Xulhaz Mannan was murdered in 2016 by Islamic fundamentalists. The Bangladeshi government has refused to decriminalize homosexuality.

In 2013, Sanjida, a then 20-year-old Muslim woman, was arrested for loving, marrying and eloping with another girl. Charges against homosexuality were not brought and Sanjida was released from prison shortly after arrest. She was falsely accused of abducting her lover Puja, a Hindu girl.

In May 2017, 28 suspected male homosexual youths were arrested in Keraniganj Upazila, Dhaka by Rapid Action Battalion on the grounds of drug abuse.

In January 2014, the Cabinet of Bangladesh allowed hijras to legally register as third gender. In December 2014, the Ministry of Social Welfare invited hijra community members to apply for government positions, though some reported getting harassed during the interview process. Many hijra and transgender Bangladeshis continue to experience discrimination such as restricted education and employment access, violence, denial of health care services, and poverty.

Constitutional & Criminal Code

The Constitution has several provisions that could apply to LGBT citizens;

• 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."

According to Section 377 A of the British Indian penal code of BPC, adult homosexual sex acts are illegal and will be punished with deportation, fines and/or up to 10 years, sometimes life imprisonment. This legal prohibition extends to any sort of LGBT-human rights organization.

BPC Section – 377A. 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 offence described in this section.

Social status

Hijras are Discriminated against a lot. Many hijras do sex work because people will not give them jobs. Since On the 11th of November in 2013, hijras in Bangladesh have been allowed to choose 'hijra' as a gender on their passports. Before this they had to choose 'male' or 'female'. Hijras have their own language called Hijra Farsi. It is also known as Koti. In 2000, Shabnam Mausi was the first hijra to be elected into Indian parliament.

Public opinion

According to a 2017 poll carried out by ILGA, a plurality of 47% of Bangladeshis agreed that gay, lesbian and bisexual people should enjoy the same rights as straight people, while 38% disagreed. Additionally, 50% agreed that they should be protected from workplace discrimination. 49% of Bangladeshis, however, said that people who are in same-sex relationships should be charged as criminals, while 38% disagreed. As for transgender people, 44% agreed that they should have the same rights, 50% believed they should be protected from employment discrimination and 40% believed they should be allowed to change their legal gender.

Additionally, according to that same poll, a third of Bangladeshis would try to "change" a neighbour's sexual orientation if they discovered he/she was gay.

Summary table

Same-sex sexual activity legal
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Recognition of a Third gender	(Since 2013)
Right to change legal gender	(Since 2015)
Access to IVF for lesbians
Commercial surrogacy for gay male couples

Related

• Boys of Bangladesh

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