LGBT rights in Bangladesh
Encyclopedia
LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...

 human rights are not respected in Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...

, 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.

Constitutional & Criminal Code

The Constitution has several provisions that could apply to LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...

 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 377A of BPC, adult homosexual
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...

 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
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...

-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.

Civil rights

  • No civil rights laws include protection for citizens on the basis of their sexual orientation
    Sexual orientation
    Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...

     and gender identity
    Gender identity
    A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...

    .

  • No hate crime
    Hate crime
    In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...

     laws exist to address crimes motivated by sexual orientation
    Sexual orientation
    Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...

     or gender identity
    Gender identity
    A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...

     bias.


In the 1990s, Dr. Shumon Lahari (a medical doctor) and Mr. M.A. Faraz (an NGO worker), both attempted to launch a group for LGB
LGB
LGB may refer to:* Long Beach Airport in California* Laser-guided bomb* Lateral geniculate body in human brain, a.k.a. lateral geniculate nucleus* LGB , brand in model railroading...

 people, in an effort to deal with prejudice and the AIDS-HIV pandemic.

In the 2010, Dr. Avijit Roy, an independent researcher and a science writer associated with mukto-mona published a book namely, Homosexuality – A scientific and socio-psychological investigation (Bangla: সমকামিতা : একটি বৈজ্ঞানিক এবং সমাজ-মনস্তাত্ত্বিক অনুসন্ধান) attempting to provide a scientific view and accessible account of homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...

 on several grounds. This is the first book in Bangla dealing a taboo
Taboo
A taboo is a strong social prohibition relating to any area of human activity or social custom that is sacred and or forbidden based on moral judgment, religious beliefs and or scientific consensus. Breaking the taboo is usually considered objectionable or abhorrent by society...

 subject addressing human rights issues and ongoing struggle of gay community in Bangladesh.

Press and media censorship

In 2003, Dr. Gary Dowsett, an Australian Professor, published a report titled, "Men Who Have Sex With Men In Bangladesh" as part of a study on how the AIDS pandemic is impacting the nation.

The bulk of the report focused on male prostitution, but it did generate some public discussion and ire about LGBT issues, with Indian movies and water poisoning
Water intoxication
Water intoxication, also known as water poisoning, is a potentially fatal disturbance in brain functions that results when the normal balance of electrolytes in the body is pushed outside of safe limits by over-consumption of water....

 through arsenic
Arsenic
Arsenic is a chemical element with the symbol As, atomic number 33 and relative atomic mass 74.92. Arsenic occurs in many minerals, usually in conjunction with sulfur and metals, and also as a pure elemental crystal. It was first documented by Albertus Magnus in 1250.Arsenic is a metalloid...

 being blamed for making homosexuality more common. However, some independent researchers and science writers have denounced such causes recently.

Family

Bangladesh does not recognize a marriage, civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...

 or domestic partnership
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...

 between adults of the same sex. Most LGB Bangladeshis interviewed have stated that there is intense social pressure to marry someone of the opposite sex, with there being little support for same-sex couples. In some cases, violence against gay people are being conducted by his/her own family members, the society or self-proclaimed morality minders of the society and even the law enforcers or the police.

AIDS/HIV

In 1985 a National Governmental Committee was established to research and develop a policy for handling the HIV-AIDS pandemic. A year later, a drug smuggler became the first official person living with HIV, with hospitals beginning to receive patients. However, the government remained leery about a comprehensive public health campaign in light of economic realities and the taboos involved. As a result much of the work has come from NGO's.

Since 1995, CARE Bangladesh has been providing HIV-AIDS prevention education for prostitutes, drug addicts, migrant workers and men who have sex with other men. Other NGOs, Bandhu Social Welfare Society and the Red Crescent have since introduced, or support, similar efforts.

In 2006, the government required the teaching of "Life Skils", including basic HIV-AIDS education, starting in secondary schools. The government's goal is to have a comprehensive educational campaign, with treatment for all infected citizens, by the year 2010.

As of 2008, a large number, more than eighty percent, of the people testing positive for HIV-AIDS include migrant workers. Condoms are legally available, but often only discussed as a form of birth control. Religious and cultural taboos make it difficult to promote a public health campaign and the wide spread poverty and illiteracy rates make the efforts even more difficult.

Hijra

The hijra
Hijra (South Asia)
In the culture of South Asia, hijras or chakka in Kannada, khusra in Punjabi and kojja in Telugu are physiological males who have feminine gender identity, women's clothing and other feminine gender roles. Hijras have a long recorded history in the Indian subcontinent, from the antiquity, as...

 are a class of third gender
Third gender
The terms third gender and third sex describe individuals who are categorized as neither man nor woman, as well as the social category present in those societies who recognize three or more genders...

 people within Bangladeshi society who are generally mistreated and abused, forcing many of them to beg or sell themselves into prostitution to survive. A University professor named Adnan Hossain has done research on these people and is one of first people to publicly defend their human rights . Dr. Avijit Roy covered a significant portion of his book stating the status of Hijra and argues that even though many hijras are considered as intersex, the considerable number of them are probably actually gay and become Hijra from the feeling of gender dysphoria existing in the society.

Bangladeshi LGBT Organizations

Boys of Bangladesh or BoB is the oldest and the largest organization of self-identified Bangladeshi gay men. Bangladesh Association for Gays or BAG is the first LGBT organization outside of Dhaka
Dhaka
Dhaka is the capital of Bangladesh and the principal city of Dhaka Division. Dhaka is a megacity and one of the major cities of South Asia. Located on the banks of the Buriganga River, Dhaka, along with its metropolitan area, had a population of over 15 million in 2010, making it the largest city...

. BAG supports all LGBT and intersex
Intersex
Intersex, in humans and other animals, is the presence of intermediate or atypical combinations of physical features that usually distinguish female from male...

 people.
Sakhiyani is the first online Bangladeshi group for lesbian, bisexual, queer women. Initially established in 2005, it resurfaced in 2009 and currently recruiting members. Sakhiyani and BoB aim to work closely to build a momentum in the LGBT rights movement in Bangladesh. Badhon Hijra Sangha is the first organization for intersexual people. It has been organized by Joya Sikder.

Bandhu Social Welfare Society (BSWS) has been operating STI/HIV and Sexual Health Interventions in Bangladesh since 1996. BSWS works with the males who have sex with males (MSM
MSM
MSM may refer to:in science and technology:* Methylsulfonylmethane, a chemical compound* Markov switching multifractal, a financial model of asset returns* Method of simulated moments, a statistical estimation technique...

) and Hijra.

See also

  • LGBT rights in Asia
  • Homosexuality and Islam
    Homosexuality and Islam
    LGBT topics and Islam are influenced by both the cultural-legal history of the nations with a large Muslim population, along with how specific passages in the Qur'an and statements attributed to the prophet Muhammad are interpreted. The mainstream interpretation of Qur'anic verses and hadith...

  • Homosexuality and Hinduism
    Homosexuality and Hinduism
    Hindu views of homosexuality and, in general, LGBT issues, are diverse. Homosexuality is regarded as one of the possible expressions of human desire and Hindu mythic stories have portrayed homosexual experience as natural and joyful. There are several Hindu temples which have carvings that depict...

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