LGBT human rights are not respected in 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.
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 377A 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.
Civil rights
- No civil rights laws include protection for citizens on the basis of their sexual orientation and gender identity.
- No hate crime laws exist to address crimes motivated by sexual orientation or gender identity 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 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 attempting to provide a scientific view and accessible account of homosexuality on several grounds. This is the first book in Bangla dealing a taboo 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 through arsenic 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 or domestic partnership 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 are a class of third gender 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. BAG supports all LGBT and intersex 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) and Hijra.
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