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Section 377 is a British colonial penal code that criminalized all sexual acts "against the order of nature". The law was used to prosecute people engaging in oral and anal sex along with homosexual activity. As per a Supreme Court Judgement since 2018, the Indian Penal Code Section 377 is used to convict non-consensual sexual activities among homosexuals with a minimum of ten years’ imprisonment extended to life imprisonment. It has been used to criminalize third gender people, such as the apwint in Myanmar. In 2018, then British Prime Minister Theresa May acknowledged how the legacies of such British colonial anti-sodomy laws continue to persist today in the form of discrimination, violence, and even death.
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Lesbian, gay, bisexual, and transgender (LGBT) people face widespread prosecution in Uzbekistan. Same-sex sexual activity between men is illegal in Uzbekistan. The punishment is up to three years in prison. Uzbekistan is one of just two post-Soviet states in which male homosexual activity remains criminalised, along with Turkmenistan.
Lesbian, gay, bisexual, and transgender (LGBT) people in Myanmar face severe challenges not experienced by non-LGBT residents. Same-sex sexual activity is illegal and section 377 of Myanmar's Penal Code 1861, enacted in 1886, subjects same-sex sexual acts to a term of imprisonment of up to 20 years in prison. Heterosexual anal intercourse and oral sex are also illegal. Transgender people are subject to police harassment and sexual assault, and their gender identity is not recognised by the state. During the country's long military dictatorship under the authoritarian State Peace and Development Council between 1988 and 2011, it was difficult to obtain accurate information about the legal or social status of LGBT Burmese citizens. Following the 2011–2015 Myanmar political reforms, improvements in media and civil freedoms have allowed LGBTQ people to gain more visibility and support in the country. Despite the 2015 electoral victory of the National League for Democracy, which promised improved human rights and whose leader Aung San Suu Kyi had once called for the decriminalisation of homosexuality, there have been no changes to anti-LGBT laws. Nevertheless, LGBT activists have noted a growing climate of societal acceptance and tolerance toward LGBT people, in line with worldwide trends.
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The Criminal Act of 1991 in Sudan was enacted to align the country's legal system with Islamic principles, incorporating Shari'a law. It replaced the Penal Code of 1983 and includes provisions for hudud, qisas, and ta'zir. The Act also criminalises apostasy, punishable by death, and has been criticised for harsh penalties such as amputation and flogging. Significant amendments were made in 2020, including the removal of the death penalty for apostasy and the repeal of Public Order Laws.
References
- ↑ "Myanmar - Penal Code, 1861". ILO. Retrieved 2023-03-02.
- ↑ Kreß, Claus; Barriga, Stefan (2016-10-27). The Crime of Aggression: A Commentary. Cambridge University Press. ISBN 978-1-108-10749-5.
- ↑ Leader-Elliott, Ian (2017). "Review of Criminal Law in Myanmar". Singapore Journal of Legal Studies: 192–199. ISSN 0218-2173.
- 1 2 "Beyond the Coup in Myanmar: Echoes of the Past, Crises of the Moment, Visions of the Future". HLS Clinical and Pro Bono Programs. 2021-05-07. Retrieved 2023-03-02.
- 1 2 "Burma's Political Prisoners and U.S. Policy". Congressional Research Service. 2021-01-04.
- ↑ "Justice denied as regime targets activists' lawyers". Frontier Myanmar. 2022-08-30. Retrieved 2023-03-02.
- ↑ "Myanmar's criminal law and justice system perpetuates stigmatization, discrimination, and human rights violations against its LGBTQ people, new report finds". International Commission of Jurists. 2019-11-08. Retrieved 2023-03-02.
- ↑ Myay, Chan (2013-11-29). "LGBT Groups Call for Burma's Penal Code to Be Amended". The Irrawaddy. Retrieved 2023-03-02.
- ↑ Slow, Oliver (2016-02-27). "The left-over laws: Myanmar's colonial hangover". Frontier Myanmar. Retrieved 2023-03-02.