Md. Towhidul Islam Jihadi
Lecturer in Law
BGC Trust University Bangladesh
Advocate
Cox’s Bazar District and Sessions Judges Court
We call those who identify as lesbian, gay, bisexual, transgender, or queer as a whole the LGBTQ community. LGBTQ includes non-heterosexual and cisgender people. A person’s sexual orientation can be defined in a variety of ways, including but not limited to the binary of gay or straight.
A person’s “sexual orientation” might be defined as their feelings of love, devotion, or sexual attraction to another. Public opinion on the acceptability of homosexuality in society as a natural emotion is still divided by country, locality, and religion. Because Bangladeshi and other Muslim cultures view homosexuality as an intention, not an emotion.Because it is against the natural order of things, same-sex sexual relations are considered criminal and subject to punishment under the Penal Code of 1860. Life in jail was the highest penalty under this law; however, it only applied to men who participated in sexually inappropriate behaviour, even though the LGBT community encompasses both sexes.
There are three types of unnatural sexual offences that we classify as criminal: (a) crimes committed by LGBTQ individuals; (b) crimes committed by males against animals or females against animals; and (c) crimes committed by men against women. Both (b) and (d) constitute outright illegal offences, even if the LGBT relationship is not explicitly forbidden in our nation. People who identify as LGBTQ are subject to arrest under section 377 of the penal code, which is an unnatural offence.
The government must amend section 377 to clearly state that being LGBTQ is a crime in Bangladesh. Why do people in the West consider having sexual relations with animals to be cruel and unnatural, although they claim that this is a normal emotional phenomenon? According to the LGBTQ community, having sex with an animal is just as emotionally charged as having sex with a human.
What stance would the Western community take if, after ensuring LGBTQ rights, they claimed that having sex with both humans and animals is a natural emotional experience and a human right?Bangladesh has formally acknowledged the Hijra people as a “third gender.” This gender non-conformity is common in the Indian subcontinent and is used for passport and voting purposes.
That is something worth admiring. Having said that, they can’t have sexual relations. For example, what if a man were to state that having sexual relations with a hijra constitutes immoral and criminal behaviour? As one would expect, the Penal Code of 1860, namely section 377, will dictate the appropriate punishment for such an unnatural offence.The fact that being LGBT is illegal in Bangladesh under Section 377 of the Penal Code should be made clear.
The below-mentioned factors make this imperative. Islam is practiced by 90% of Bangladeshi citizens. Islam’s cultural and theological norms are at odds with LGBT rights. These rights pose a threat to long-established moral norms and traditional family arrangements. Consequently, the religious and cultural bedrock of society will be undermined by advocating for LGBT rights.
In addition, the biological purpose of reproduction is at odds with bisexuality, transsexual identities, and homosexuality. None of these identities are healthy, and no one should promote or celebrate them. In promoting such identities, society’s overall health and welfare would be compromised. Furthermore, both Islam and the subcontinental popular view hold that marriage is uniquely a partnership between a man and a woman. The validity of traditional marriage, which is crucial for procreation and childrearing, is undermined by legalising same-sex marriage.
The fact that this has the ability to disrupt long-standing gender conventions and social order is also problematic. Communities may experience instability, unpredictability, and conflict as a result of efforts to promote non-binary or diversified gender concepts, which threaten the social order. Finally, there is a possibility that children of the same sex do not grow up with healthy gender norms or ideal family structures. It is important for children to have parents who represent both sexes; hence it should be illegal for same-sex couples to adopt or rear children.
