Countries where Homosexuality is still a Crime
(in alphabetical order)
In Asia, there are 10 countries that still criminalise homosexuality. Of these 6 have ratified the ICCPR, but only 4 have submitted themselves to the jurisdiction of the UN Human Rights Committee by ratifying the Optional Protocol to the ICCPR.
|
State
|
Domestic law[*] |
Penalty |
Ratified International Covenant on Civil and Political Rights (ICCPR)[†] |
Ratified Optional Protocol to ICCPR[†]
|
|
Bangladesh
|
Penal Code, 1860 (Act XLV of 1860)
Section 377: Unnatural offences “Whoever voluntary has carnal intercourse against the order of nature with man, woman, or animal, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to 10 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.” |
Imprisonment for life; or
Imprisonment for up to 10 years and a fine |
6 Sep 2000 |
– |
|
Brunei
|
Penal Code, Chapter 22, revised edition 2001
Section 377: Unnatural offences “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. [S 12/97] Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.” |
Imprisonment for up to 10 years and a fine |
– |
– |
|
Malaysia
|
Penal Code (Consolidated version 1998)
Unnatural OffencesSection 377A: Carnal intercourse against the order of nature “Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature. Explanation: Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section.” Section 377B: Punishment for committing carnal intercourse against the order of nature. “Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.” |
Imprisonment for up to 20 years; and whipping |
– |
– |
| Section 377C: Committing carnal intercourse against the order of nature without consent, etc. “Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent, or against the will, of the other person, or by putting other person in fear of death or hurt to the person or any other person, shall be punished with imprisonment for a term of not less than five years and not more” | Imprisonment for up to 5 years | |||
| Section 377D: Outrages on decency
“Any person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, shall be punished with imprisonment for a term which may extend to two years.” |
Imprisonment for up to 2 years | |||
| Several states in Malaysia have instated Islamic Sharia laws, applying to male and female Muslims, criminalising homosexual and lesbian acts with up to three years imprisonment and whipping. The Sharia Penal law in the Malaysian state of Pulau Pinang prescribes penalties for sodomy (Liwat) and lesbian relations (Musahaqat) with fines of RM5,000.00, three years imprisonment and 6 lashes of the whip. All these penalties can be combined. | 3 years imprisonment
Fine of RM5,0006 lashes |
|||
|
Maldives
|
Penal Code of Maldives does not regulate sexual conduct. Uncodified Muslim Sharia Law criminalises homosexual acts between both men and between women. For men the punishment is banishment for nine months to one year or a whipping of 10 to 30 strokes, while the punishment for women is house arrest for nine months to one year. | Men: banishment for 9 months to 1 year, or a whipping of 10 to 30 strokes
Women: house arrest for 9 months to 1 year. |
19 Sep 2006 |
19 Sep 2006 |
|
Myanmar
|
Penal Code, Act 45/1860, Revised Edition
Section 377 “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” |
Transportation for life; or
Imprisonment for up to 10 years; and |
– |
– |
|
Pakistan
|
Penal Code (Act XLV of 1860)
Section 377: Unnatural offences “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 shall not be less than two years nor more than ten years, and shall also be liable to a fine.” Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. |
Imprisonment for life; or
Imprisonment for a period between 2 years and 10 years and a fine |
23 Jun 2010 |
– |
|
Singapore
|
Penal Code (Chapter 224), Revised Edition 2008
Section 377A: Outrages on decency “Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years.” |
Imprisonment for up to 2 years |
– |
– |
|
Sri Lanka
|
Penal Code (as amended by the Penal Code (Amendment) Act, No. 22 of 1995)
Article 365: Unnatural offences “ Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of either description for a term which may extend ten years, and shall also be punished with fine and where the offence is committed by a person over eighteen years of age in respect of any person under sixteen years of age shall be punished with rigorous imprisonment for a term not less than ten years and not exceeding twenty years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.” Explanation – penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. |
Imprisonment for up to 10 years; and FineIf committed by a person over the age of 18 towards a person under the age of 16:
|
11 Jun 1980 |
3 Oct 1997 |
| Article 365A: Acts of gross indecency between persons
“ Any person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any person of any act of gross indecency with another person, shall be guilty of an offence and shall be punished with imprisonment of either description for a term which may extend to two years or with a fine, or with both and where the offence is committed by a person over eighteen (18) years of age in respect of any person under sixteen (16) years of age shall be punished worth rigorous imprisonment for a term not less than 10 years and not exceeding 20 years and with a fine and shall also be ordered to pay compensation of amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such a person.” |
Imprisonment for up to 2 years; and/or FineIf offence is committed by a person over the age of 18 in respect of a person under the age of 16:
|
|||
|
Turkmenistan
|
Criminal Code of 1997 (Effective January 1, 1998)
Article 135: Sodomy “(1) Sodomy, that is the sexual relations of the man with the man, is punished by imprisonment for the term of up to two years.” (Unofficial translation) |
Imprisonment for up to 2 years |
1 May 1997 |
1 May 1997 |
|
Uzbekistan
|
Criminal Code of 1994
Article 120: Besoqolbozlik* (Homosexual Intercourse) “Besoqolbozlik, that is, voluntary sexual intercourse of two male individuals – shall be punished with imprisonment up to three years.”
|
Imprisonment for up to 3 years |
28 Sep 1995 |
28 Sep 1995 |
[*] Data and unofficial translations of laws are sourced from Lucas Paoli Itaborahy and Jingshu Zhu, State Sponsored Homophobia Report, (International Lesbian, Gay, Bisexual, Trans and Intersex Association, 6th ed, May 2013.
[†] Office of the High Commissioner for Human Rights, United Nations, ‘Ratification status by country or by treaty’ <http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Treaty.aspx?Treaty=CCPR&Lang=en>
Countries that still criminalise homosexuality 