Bangladesh

Same-sex sexual activity is prohibited under the Penal Code 1860, which criminalises acts of ‘carnal knowledge against the order of nature’. This provision carries a maximum penalty of life imprisonment. Only men are criminalised under this law.

The 1860 Penal Code was inherited from the British during the colonial period, in which the English criminal law was imposed upon Bangladesh. Bangladesh retained the law upon independence and continues to criminalise same-sex sexual activity today.

Reports suggest section 377 is rarely enforced, however it and other laws are used as a pretext to harass LGBT people. There have been some reports of discrimination and violence being committed against LGBT people in recent years, including assault, harassment, and denial of basic rights and services. The high-profile murder of two LGBT people in 2016 had a significant chilling effect on the wider community, and three years passed before anyone had been charged with the murders.

2021

In August, the Anti-Terrorism Tribunal sentenced to death six members of the banned Ansarullah Bangla Team, acquitting two, for brutally killing in 2016 Xulhaz Mannan and his partner Mahbub Rabby Tonoy, for promoting LGBT rights.

2013

Bangladesh legally recognised the Hijra population, a gender identity that is neither male or female and is common in the Indian sub-continent, as being a ‘third gender’ for the purposes of obtaining a passport and voting.

2020

ILGA World reported two cases in September and October, in which a transgender man and two lesbian women, respectively, were arrested for same-sex sexual activity. However, it is not known what laws were used to arrest these people, or whether they were prosecuted.

2018

For a number of years, the US Department of State has reported that Section 377 is not actively enforced, but is retained as a result of “societal pressure”. However, the law is used by authorities as a pretext to harass and intimidate LGBT people, both real or perceived, and to limit the ability of LGBT organisations to formally register.

2017

In May, police in Bangladesh arrested 27 men for “homosexuality”. The police stormed a community centre outside of Dhaka where they claimed students had been having a party. A Rapid Action Battalion spokesman told the press that the men had been arrested on suspicion of “homosexuality”, and that it had not been determined under which law they would be formally charged. It was later announced by police that the men were not engaged in same-sex sexual activity, but arrested them for possession of prohibited drugs.

2013

In June, media reports suggested that two women were arrested for marrying and moving away together. It is not clear under which laws the women were arrested or whether they were prosecuted.

In October, media reported that a lesbian couple from the Jhalakati District of Bangladesh were arrested and jailed, and subjected to a “gender test”. A case was filed against them under Section 290 of the Penal Code for ‘unsocial activities’.

2023

In August, it was reported that a gay school teacher was murdered by Islamist fundamentalists in the city of Savar. A note left at the scene explicitly cited the victim’s sexual orientation as the reason for his murder.

A conservative Islamic Facebook group, named Caravan, called for a ban on civil society organisation JusticeMakers Bangladesh and his founder, human rights activist and lawyer Shahanur Islam, for ”promoting” homosexuality.

2022

Local NGO JusticeMakers Bangladesh recorded 46 instances of violence against LGBT individuals in 2022, including murder, physical assault, arrest and harassment. Most victims were part of the transgender community.

2020

The US Department of State Human Rights report noted that LGBT people were subjected to official discrimination in employment, housing and access to government services, and lesbian and bisexual women lacked access to basic sexual and reproductive health care. The report notes that “strong social stigma” prevents discussion of LGBT rights. Reports in preceding years found similar results.

2019

In July, eight members of Ansar al-Islam, were charged for the murder of two LGBT people in 2016 following years of delays to the investigation (see below).

2017

The US Department of State’s Human Rights report remarked that the Hijra population is “a marginalized, but recognized, part of society”, but that it has experienced elevated levels of “fear, harassment, and law enforcement contact in the wake of violent extremist attacks against vulnerable communities.”

2016

ILGA’s State-Sponsored Homophobia report noted that “throughout 2016 the levels of violence and threat from religious radicals that LGBT people have been exposed to have exponentially risen, and the State has not offered protection. As such, many have been forced to leave their homes and flee the country for fear of their lives.”

In April, Xulhaz Mannan, the founder of Bangladesh’s only LGBT magazine, and Mahbub Rabbi Tonoy were hacked to death by suspected Islamist militants in Dhaka. The investigation into their deaths faced significant delays. The deaths also generated a chilling effect within the LGBT community; following the event and continued harassment, many members of LGBT community, including the leadership of key support organisations, reduced their activities and sought refuge both inside and outside of the country. It was reported that Ansar al-Islam, the Bangladeshi division of al-Qaeda claimed responsibility for the killings.

2015

A Human Rights Watch report, reported that in June and July a group of hijras were subject to harassment and invasive and abusive physical examinations at a government hospital as a requirement to join a government employment programme.

2014

According to Bangladeshi NGOs, law enforcers allegedly use Section 54 of the Criminal Procedure Code to harass LGBT people. Speaking at a Bandhu Social Welfare Society workshop, Barrister Sara Hossain, honorary director of Bangladesh Legal Aid and Services Trust (BLAST), said that law enforcers are using Section 54 of the Criminal Procedure Code to harass LGBT people. Besides being politically motivated, the arrests sometime take place simply to secure bribes. Under Section 54 of the Code of Criminal Procedure of 1898, individuals may be arrested under suspicion of criminal activity without any order from a magistrate or a warrant.

The Bandhu Social Welfare Society, a local NGO, reported 33 cases of assault, 82 cases of domestic violence, and 154 cases of discrimination against LGBT persons between September 2013 and September 2014. Strong social stigma based on sexual orientation was common and prevented open discussion of the subject.

2019

In October, a trans woman, Pinki Khatun, was elected as a councillor (and Vice-chair of the council) in Kotchandpur in the West of the country. “I am very delighted. I campaigned door-to-door and people have responded positively. I did not face any discrimination or hate campaigns… My aim is to work for the betterment of women and protect their rights. I’ll work for hijras so they can live honourably in society.” Trans rights activist, Anonnya Banik, called the result a “big achievement”, adding that “it will create positive impact in the society and inspire other trans people. I think it reflects change in Bangladesh people’s attitude towards trans people.”

The country profiles on the Human Dignity Trust’s website are developed through a combination of in-house expertise and research, including monitoring media reports; sourcing reports from partners and stakeholders; and reviewing reports from governments and other human rights organisations.

We go to great lengths to ensure that, to the best of our knowledge, the information provided on our website is correct and up to date. If you believe that any information on our website is inaccurate, you may bring this to our attention by e-mailing administrator@humandignitytrust.org.

Information on this website is provided for general use only and should not be relied on as a definitive position on the law as it applies at any given time. No liability can be accepted for any use of the information in this website and/or links from it.