Although almost no cases are brought to court with respect to s.377 and homosexual acts, there have been a large number of incidents involving the police and sex workers, especially those that are kothi or effeminate males. A study carried out by the Naz Foundation International has found that a large number of them have been repeatedly harassed and/or abused by police, Goonda (thugs) or other dominant male members of society who take effeminate characteristics to mean that the person will submit to their will and also that they are sexually active and available.

Human Rights Watch noted that a large number of gay men are subject to humiliation, harassment and rape if they are ‘outed’ either by someone else or by choice. They also don’t have any proper methods of recourse as they are discriminated against ‘morally’ at all levels of society, including by the police. Furthermore, rape, according to s.376 of the Bangladesh Penal Code can only be committed by a man with a woman. It therefore, follows that a man cannot be raped. Forced sex is often unsafe and can lead to higher incidences of HIV.

One of the best ways of addressing this marginalization is by educating the public, however, the people who often attempt to inform and provide services to change public attitudes in relation to sex-workers, homosexual males, kothis and the spread of HIV/AIDS are often also harassed and criminalized (morally) by society at large as well as by law enforcement officers including the army and the police.

There is still a large amount of societal pressure on young Bangladeshi to marry and form a traditional family unit, regardless of their preference on the matter. Marriage of homosexual males to heterosexual females often leads to an unhappy situation where neither party is able to leave the other for fear of the ostracism that follows divorce, especially in societies that are close-knit.

The psychological implications that arise from attempting to reconcile sexual identity with religion (which has a prominent role in Bangladeshi society) are best viewed from the perspective of a kothi. The sexual aspect of their identity is not as important as their gender – most consider themselves to be ‘not men’. This is particularly important, as there is often a mismatch between the sexual desire that they feel compared to the desire they understand as a result of religious and societal norms. This often leads to lowered self-esteem, particularly as kothis are viewed in South Asian societies as being different and unnatural, being born this way because of sexual misdeeds committed by them in a past life. This creates a vicarious cycle in which kothis often feel that it is right that they are marginalized, and so are victims of their own creation as well as that of society.

There is no room for lesbian women in Bangladeshi society. Particularly as the society is one in which women don’t enjoy the same rights as men. Lesbianism is also forbidden by religion, making the societal divide even greater. It is unclear as to whether lesbianism has been included within the ambit of s.377 of the Bangladesh Penal Code, as no cases have yet been brought to the courts.

We could not find relevant case law for Bangladesh. If you know of LGBTQI+ refugee cases concerning Bangladeshi, please get in touch.