It’s Time We Talked About LGBTQ+ Rights In South Asia

LGBTQ+ is an initialism for lesbian, gay, bisexual, transgender, and queer persons.

While people are becoming more tolerant and accepting, this is not consistent all over the world. Within South-Asia, you can see a vast variety of different approaches towards the LGBT+ community. Given that it’s pride month, we thought we’d look at the LGBT+ rights a little closer to home.

Most of these countries still adopt section 337 of the penal code, which is a remnant of British colonization. According to this, all “unnatural” sexual acts were criminalized, especially any sort of homosexual acts. The original wording of this section actually demanded a life sentence or up to at least 10 years in prison if violated. Here’s where Nepal, India, Bangladesh, and Pakistan stand on this matter in 2019. NEPAL

LGBTQ rights in Nepal are probably the most progressive in all of Asia. The Nepalese government actually legalized gay marriage in 2017 (!!!), following the end of the monarchy. They also introduced a number of new laws to protect discrimination based on sexual orientation. People could have their preferred gender on ID cards, and guaranteed access to public services for sexual minorities. INDIA

While India has not reached the same level of equality as Nepal yet, there is still significant progress being made. While there is no official legalization of gay marriage, you are allowed to perform a symbolic same-sex marriage. Also, in September 2018, the Supreme Court of India finally decriminalized homosexuality by declaring Section 337 of the British penal code UNCONSTITUTIONAL. SRI LANKA

The British law decriminalizing homosexuality is described as decriminalized. Sri Lanka has introduced several anti-discrimination laws, and has also recognized transgender people for a very long time and is making it easier for themselves to identify and transition. BHUTAN

Bhutan also has a long, long way to go. Homosexuality is still illegal in Bhutan, and is punishable with a prison sentence between a month and less than a year. There are efforts being made to decriminalize homosexuality, a bill is in the process of being passed to alter section 213 “to keep up with the times”. On 10th June 2019, the bill passed its final reading, and it’s about time. MALDIVES

The Maldives was actually one of the initial members to sign a document opposing homosexuality in 2008. To this day, homosexuality is a crime. In 2011, the Maldives rejected another proposal to resolve LGBTQ rights in the UNHRC. The punishments for homosexuality include fines, lashings, and imprisonment. AFGHANISTAN

Afghanistan’s LGBTQ policies are probably as extreme as they get. According to Sharia Law implemented there, homosexuality is illegal. In some Taliban administered areas, it is even punishable by death. Unfortunately Afghanistan also has an exploitation system of young boys to justify pedophilia. BANGLADESH

Bangladesh, on the other hand, as chosen a different route. Homosexuality is still illegal in Bangladesh, following section 337. The punishment for breaking this law is life imprisonment, and although people do not always follow this, it is still considered extremely dangerous to be open and out there, with activists getting killed. However, Bangladesh does legally recognize a third gender. PAKISTAN

Pakistan also continues to live with the 157 year old British colonial law as an official part of its penal code. In 2018, Pakistan did establish the “Transgender Persons (Protection of Rights)” that granted them various forms of protection, however, no other considerable legal advances have been made for the LGBTQ community. And the transgender community still faces discrimination and violence. Aside from all of this, the discrimination that the LGBTQ community still faces everyday is far behind the rest of the world. A month ago, Taiwan legalized same sex marriage. Eight days ago, Ecuador did too. Equality is Essential.

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