Same-sex sexual activity between consenting males is criminalised under Section 377 of the Bangladesh Penal Code and punishable by imprisonment. Though rarely enforced, it is used to arrest, harass and extort individuals based on their sexual orientation, contributing to a climate of fear and repression for LGBTI individuals.
It is unclear as to whether female same-sex sexual activity is included within the ambit of Section 377 and there is no evidence of cases in which criminal prosecutions have been brought against lesbians in relation to their sexual identity. However, this should be viewed in the context of the general lack of societal awareness or understanding of female same-sex relationships, which may lead to social invisibility.
The hijra (a distinct community that can fall under the umbrella term trans) were legally recognised as a ‘third gender’ in 2013, but there is no legal framework for recognising other gender-diverse people who do not fall within the hijra community.
In general, a person who identifies as LGBTI is unlikely to face treatment by the state, which is sufficiently serious either by its nature or repetition, or by an accumulation of measures, to amount to persecution or serious harm. The onus is on the person to demonstrate otherwise.
Societal attitudes towards LGBTI people tend to be conservative and influenced by traditional cultural and religious values. LGBTI persons are often stigmatised, leading to discrimination, social exclusion and hostility. Many face pressure to hide their sexual orientation or gender identity to avoid harassment and violence. Gay men and lesbians are compelled by family and society to enter into heterosexual marriages.
While there are supportive allies and groups working for tolerance and equality, progress in acceptance and rights is limited.
In general, a person who identifies as LGBTI and is open about their sexual orientation or gender identity is likely to face treatment by non-state actors, which is sufficiently serious either by its nature or repetition, or by an accumulation of measures, to amount to persecution or serious harm.
If a person does not openly express their sexual orientation or gender identity consideration must be given to the reasons why they do not. Each case must be considered on its facts with the onus on the person to demonstrate that they would be at real risk on return.
In general, the state is able, but unwilling to offer sufficient protection from non-state actors, including ‘rogue’ state actors. Decision makers must consider each case on its facts, with the onus on the person to demonstrate why they would not be able to obtain protection.
Given that homophobic attitudes are prevalent throughout the country there is unlikely to be any place in Bangladesh to which a lesbian, gay or bisexual person could reasonably relocate without making fundamental changes to their behaviour.
Where a claim is refused, it is unlikely to be certifiable as ‘clearly unfounded’.
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