Source: https://www.nytimes.com/2020/12/12/world/as...alizes-gay.html

HONG KONG â The kingdom of Bhutan prides itself on maximizing âgross national happiness,â but it doesnât always feel that way to members of the countryâs L.G.B.T. community.
Stigma and discrimination are rife, activists say, and itâs common for gay people to be blackmailed. âThese are the issues that donât get talked about, but this is the reality,â said Tashi Tsheten, a founding member of the local advocacy group Rainbow Bhutan.
This week, however, lawmakers in the Himalayan country voted to amend a line from Bhutanâs penal code that criminalizes âsodomy or any other sexual conduct that is against the order of nature,â previously treated as a reference to gay sex.
The move, which still needs the kingâs approval to become law, was the latest example of an Asian government loosening restrictive laws governing the private lives of L.G.B.T. people.
In neighboring India, the Supreme Court unanimously struck down one of the worldâs oldest bans on consensual gay sex in 2018, ruling that gay Indians were to be accorded all the protections of the Constitution.
Last year, lawmakers in Taiwan voted to legalize same-sex marriage, a first for Asia. That gave new leverage to activists campaigning for marriage equality in Japan and beyond.
And in July, Thailandâs cabinet said that it had approved a draft bill that would give same-sex unions many of the same benefits as heterosexual marriages. The legislation avoided the term âmarriage,â but allowed for the legal registration of same-sex partnerships.
Bhutanâs new law, which passed both houses of Parliament on Thursday, âfolds Bhutan into the global momentum toward recognizing equality for lesbian, gay, and bisexual people,â said Kyle Knight, a senior researcher in the L.G.B.T. rights program at Human Rights Watch who has written about the law.
However, he added, âBhutan still has significant work to do to ensure that the rights of people who have been long marginalized on the basis of their sexual orientation or gender identity are fully protected.â
Bhutanâs penal code was introduced in 2004, four years before this Buddhist-majority nation of 800,000 people held its first elections as part of a transition from absolute monarchy to constitutional democracy. Much of the code was adopted from criminal laws in the United States, according to a recent analysis by the legal scholars Dema Lham and Stanley Yeo.
The parts about sodomy and âunnatural sex,â though, are identical to language in other penal codes around South Asia that was copied from the Indian Penal Code, a law introduced in the 1860s by the British colonial authorities, said Mr. Tsheten, the Bhutanese activist. Individuals charged with âunnatural sexâ acts in Bhutan would be subject to penalties consistent with a petty misdemeanor.
The campaign to amend anti-gay language in Bhutanâs penal code did not involve much direct lobbying from L.G.B.T. activists, Mr. Tsheten said, in part because formally registering a gay rights advocacy group in the country could be interpreted to mean that you were âstanding up for criminals.â
Instead, he said, it grew out of an effort to help the Health Ministry prevent H.I.V. in the countryâs gay community. âWhat we did was just show people in Bhutan that we exist,â he said.
The ministry became an ally because it recognized that the penal codeâs reference to âunnatural sexâ could prevent gay and bisexual men from seeking H.I.V. treatment. And when the penal code came up for review last year, Finance Minister Namgay Tshering â who had previously worked at the Health Ministry and the World Bank â stood up in Parliament to insist that the outdated language be repealed.
âMy primary reason is that this section is there since 2004 but it has become so redundant and has never been enforced,â Mr. Tshering said. âIt is also an eyesore for international human rights bodies.â
When Bhutanâs lawmakers voted on Thursday to amend the penal codeâs reference to âunnatural sex,â Pema Dorji, an L.G.B.T. activist who was sitting in the chamber, was so nervous that he could not watch.
âI just closed my eyes,â said Mr. Dorji, a founding member of the advocacy group Queer Voices of Bhutan. âI was looking at the floor the whole time as I waited for them to raise their hands.â
Ugyen Wangdi, a lawmaker on a panel considering the changes, told Reuters on Thursday that 63 of Bhutanâs 69 lawmakers had voted to amend the penal code. The other six were absent.
The language about âunnatural sexâ will reman in the code, Mr. Tsheten said, but will now be followed by a sentence clarifying that âhomosexuality between adultsâ does not meet that definition.
He said that while the amended language âopens up a lot of doorsâ for Bhutanâs L.G.B.T. community, there would be no shortage of homophobia to overcome. Gay friends of his who have been blackmailed, for example, have been forced to change schools[ or start new social media profiles.
âYou get a very hostile sense,â he said, âthat your friends or colleagues would not be supportive if you came out.â
Added on
A growing number of Asian countries are starting to get into their senses. Malaysia bila?
Dec 14 2020, 09:43 AM
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