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Penal Code 377: The bane of Bangladesh’s LGBTQI population

Lawmakers must repeal colonial-era sodomy law

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Penal Code 377 criminalizes consensual same-sex sexual acts in Bangladesh. (Photo courtesy of Riaz Osmani)

Penal Code 377 criminalizes consensual same-sex sexual acts in Bangladesh. (Photo courtesy of Riaz Osmani)

According to surveys, 5 to 10 percent of the worldā€™s population belong to the LGBTQI category (lesbian, gay, bisexual, transgender, queer, intersex.) The first two feel sexual and emotional attraction towards people of the same gender, not the opposite as is the social norm. Bangladesh is no exception to this and there are numerous such people who live clandestine lives, away from the limelight of family, friends and society. Many of them live double lives by entering sham marriages with the opposite gender to save face with family and society. Such marriages do irreparable damage to both parties involved since they are not based on love or intimacy.

After the murder of gay rights activist Xulhaz and gay cultural activist Tonoy by Islamic militants earlier this year, gays in Bangladesh are now in hiding, fearful of their lives. Those who are able to are leaving the country. This is a sorry state of affairs and needs to change soon. First thing to aid this change will be a bit of education. People never choose their sexuality. Homosexuals are born with their sexuality that they discover after puberty in the same way heterosexuals do. Nobody makes this choice. There is no choice here. Moreover, it is never possible for someone to change their sexuality. This means a gay person cannot be turned straight (heterosexual) by any means. Likewise, a heterosexual person cannot be turned gay (homosexual) by any means. Young boys and girls cannot be influenced by other homosexuals to become gay. Nobody becomes gay upon puberty. The sexuality is determined at a much earlier stage.

The American Psychological Association, along with other equivalents in the Western world and in India, have long ago determined that homosexuality is in no way a mental disorder or illness. It is a perfectly normal sexual orientation or expression for a small percentage of the worldā€™s population. Any attempt at changing this through therapy, religious teachings, physical and mental abuse have proven totally ineffective and have often led to depression and suicidal tendencies among those being tried to be converted. The Western world has finally come to terms with these realities and has removed all laws that make criminals out of homosexuals, discriminate against them and prevent them from marrying the person they love.

It is high time that Bangladesh repeal laws in the country that make criminals out of her LGBTQI population. Interestingly enough, the main item of Bangladeshā€™s penal code that is used to maintain this criminality was not necessarily intended for that purpose. This item is the Victorian-era Penal Code 377 that Bangladesh (along with India, Pakistan and other former British colonies) inherited as independent nations. This code states the following: ā€œWhoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.ā€

Victorians had strange notions about sexual behavior and this code was instituted throughout their empire to prevent any sexual act by any two people (or a person and an animal) that did not result in human procreation. This meant that if a man and woman engaged in various sexual acts other than that which resulted in procreation, they would be deemed as criminals. This also meant that any sexual acts by homosexuals were criminal offenses. But the second one was an unintended consequence. The main purpose was to make sure all sexual activity was for the purpose of procreation.

There is no point in blaming the British for this ridiculous legal intrusion into peopleā€™s personal affairs today. We have been independent long enough to take care of our own affairs and the British have long removed their equivalent from their statute books. According to the Bangladesh Constitution, ā€œall citizens are equal before law and are entitled to equal protection of law . . . The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth . . .ā€ As has been done in the legal challenge to 377 in India, the clause above needs to include sexual orientation. I am asking for such a legal challenge to Bangladeshā€™s 377 since it violates the spirit of the countryā€™s constitution. Under no circumstances must gays in Bangladesh be automatically deemed criminals by virtue of 377.

In the current climate where Islamic militants are openly killing homosexuals and have advocated more such killings on the internet, it is not possible for a fearful person to seek police protection if under threat for being a homosexual. The said person is liable to face police arrest and/or harassment and possibly rape. Removal of this ghastly legal absurdity will at least allow room for gays in Bangladesh to seek protection.

This brings me on to my next point and that is the role of religion (Islam in particular) in public life. The gay rights movement in Bangladesh will hit a brick wall (if it hasnā€™t already) as long as the politicians, civil society members and most importantly the religious community invoke Islam as the main barrier to repealing Penal Code 377 and granting homosexuals equal status in the eyes of the law. While most Muslims and people of other faiths steadfastly maintain that their faith is absolutely against homosexuals and that the latter deserves to be persecuted, most will draw blanks if asked to quote actual references from scriptures that promote this point of view.

The quote often given is that of the story of Lut (Lot) in the Quran and Bible where God supposedly destroyed a town for sodomy (i.e. homosexual acts.) This is the only thing that is attributed to attitudes towards homosexuals. There is however a debate about the meaning of the story. Some researchers of Islam in the west have argued that this story did not have anything to do with consensual sexual acts between two adult homosexuals but was about male rape. I will not venture into this argument because from my point of view, it belongs in religious academia, not in a countryā€™s legal system, especially a system that has been defined by common law.

Moreover, since Bangladesh is a secular country (although in name only) where people of different faiths enjoy equal status (except for the anomaly of Islam still being the state religion,) there must be room for people of no faith or homosexuals who may or may not subscribe any faith. As long as Bangladesh is not an Islamic republic, religious beliefs cannot be used to criminalise, marginalise and persecute homosexuals. While social acceptance may come at a much later date, the countryā€™s politicians and lawyers must have the foresight and courage to change the laws ahead of such social acceptance. Sodomy laws in the West were repealed much earlier than their societies were willing to accept homosexuals as equals.

Bangladesh will not be the first Muslim majority country to remove laws that criminalize homosexuals. Other such countries are Turkey, Mali, Albania, Bahrain, Jordan, Iraq, Palestine (the West Bank only) and Indonesia (minus Aceh.) It is noteworthy that none of these countries were directly colonized by the British and hence did not inherit the Victorian penal code. But as I have already mentioned, our own countries are our own affairs and it is about time we correct this inhuman state regarding the status of the LGBTQI population. The civil society must also be on full guard not to allow Bangladesh to be turned into an Islamic republic.

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Commentary

Returning to the kibbutz: A journey of heartbreak and hope

Hamas militants attacked Kfar Aza on Oct. 7

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Kfar Aza, Israel, after Oct. 7, 2023. (Photo courtesy of K.T. Colin)

Editor’s note: WDG, the Washington Blade’s media partner in Israel, originally published this commentary.

BY K.T. COLIN |Ā In 2019, my first encounter with Israel was through the lens of a sponsored Birthright trip. I embarked on a three-week journey, traversing the diverse landscapes from the northern regions to the eastern territories and finally to the arid southern desert. I had the opportunity to visit different communities within Israel and Palestine. Amidst this exploration, I spent an unforgettable three days and two nights in a kibbutz situated near the Gaza border. The memories etched in my heart were ones of unbridled joy, resilience and the harmonious coexistence of the desert dwellers ā€” an emotional tapestry that forever imprinted itself on my soul.Ā Coming from an Iraqi heritage, I viewed these expressions of coexistence through a lens shaped by my own region’s history of conflict and diversity.

As I recall the Shabbat dinner at the kibbutz, the air resonated with the sacred call to prayers (Adhan) from a nearby Bedouin Arab-Muslim town. The juxtaposition of cultures and faiths was a poignant reminder of the shared humanity that bound the Jewish and Arab Israelis in this region. It was a journey that transcended the ordinary, leaving an indelible mark on my consciousness. Filled with memories of peace and unity, I returned, only to confront a reality far removed from my cherished memories.

Fast forward to last month, when I returned to the Negev Desert, specifically to Kfar Aza ā€” one of the 22 kibbutzim targeted by Hamas on that fateful day, Oct. 7, 2023. The once vibrant oasis, brimming with the light of life, now stood shrouded in the darkness of war-induced death and destruction. The very bench where camaraderie blossomed in 2019, while sharing a moment of connection with an Israeli companion, lay reduced to ashes. The thriving pathways, once bustling with life, had metamorphosed into haunting reminders of blood and rubble. The faces that animated Shabbat gatherings, weaving tales of peace advocacy between Palestinians and Israelis, were now conspicuously absent. In the wake of Hamas’s brutality, no entity ā€” be it human, animal or plant ā€” escaped unscathed. The aftermath resembled scenes from an apocalyptic movie, a tableau of sensory deprivation dominated by the stench of death and the echoes of destruction. This destruction, while uniquely harrowing, echoed the all-too-familiar scenes of conflict from my childhood in Iraq, underscoring the universal tragedy of war.

Kfar Aza, Israel (Photo courtesy of K.T. Colin)

While my roots trace back to Iraq, a land marred by wars and the brutality of conflict, the devastation witnessed in Kfar Aza struck a chord that reverberated with the echoes of my past.Ā My personal journey, from witnessing Saddam’s reign of terror to observing the aftermath in Kfar Aza, underscores a broader narrative of resilience and the enduring hope for peace.Ā Born during the Iraqi-Iranian war, my father’s absence for the first six months of my life spoke volumes about the toll of conflict. The invasion of Kuwait and subsequent wars entrenched the narrative of war as an unwelcome companion in our daily lives. Memories of the U.S. invasion in 2003, the ensuing civil war, and the subsequent loss of rights for women, secular individuals and LGBTQ+ members further underscored the harsh reality of conflict.

Yet, Kfar Aza was a unique chapter in my journey, revealing a form of malevolence that transcended my prior experiences. In their assault, Hamas meticulously targeted specifically peace activists who wanted nothing but peace and prosperity between Israelis and Palestinians, sparing no atrocity in their pursuit. This was not just about taking lives; it was a heinous assault on the very prospect of peace. The evil that unfolded reminded me of the forces mentioned in the Quran ā€” Yaajooj and Maajooj ā€” entities of pure malevolence against whom even Alexander the Great erected a wall, according to Muslim prophecy.

My upbringing in Iraq, under the shadow of Saddam Hussein’s dictatorship, fanned the flames of anti-Semitism. A once diverse Iraq, home to 165,000 Iraqi Jews, witnessed their forced exodus through decades of genocide. Subsequently, Christians, Yazidis and Sabbea Mandaeen fell victim to ethnic cleansing orchestrated by dictatorial regimes, Nazi pogroms, Iranian militias and ISIS. The slow erosion of tolerance and coexistence occurred methodically, propelled by hate campaigns championed by Arab nationalists and later fueled by Islamist movements, plunging Iraq into its darkest era.

My school days were marked by compulsory flag-greeting ceremonies, ostensibly patriotic but laden with hate. The chants of “Death to America; Death to the Zionists; Death to the Jews” echoed through the air, fostering a culture of animosity. Arabization and Nationalism classes further fueled this bigotry, leaving an indelible mark on impressionable minds.

The recent horrors in Kfar Aza echoed memories of a similar brand of terror perpetrated by Saddam’s regime ā€” the Fedaeen of Saddam, a precursor to Hamas’s brutality. The parallels were chilling ā€” beheadings, brutal punishments and a reign of terror continued even after the fall of Saddam, as they joined Al-Qaeda, leaving a trail of atrocities in cities like Fallujah and Ramadi.

As I witnessed the devastation in Kfar Aza, the echoes of war in nearby Beit Hanoun, Gaza, resonated hauntingly. The pain echoed from both sides ā€” the Israeli people enduring Hamas rockets since 2015 and the Palestinians suffering daily under the same regime. My heart shattered for the children left orphaned, the LGBTQ+ Gazans now without shelter or life-saving medications and the vulnerable girls and boys exposed to the horrors of Human trafficking and rape. The theft of humanitarian aid by Hamas left many without food and water, and the lip services to Palestinians by Arab and Muslim majority nations, painting a grim picture of a future hanging in uncertainty for those who survived.

Despite the deep scars of conflict, both in my homeland and here, I see glimmers of hope that guide us toward a shared future. I have endured the darkest chapters of conflict in my past, and I hold onto the belief that one day this war will end. I dream of a future where Israelis and Palestinians coexist in shared spaces, attending the same schools, dining at the same restaurants and dancing in the same nightclubs. Having witnessed such unity among Jews, Druze, Muslims and Christians in Israel, I pray for a day when this reality extends to Gazans and Israelis in the Negev Desert. The journey towards peace is arduous, but the human spirit, resilient and compassionate, holds the promise of a brighter tomorrow.

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Commentary

Why come to Washington Plaza Baptist Church?

Itā€™s about the preaching, the people, and the purpose

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Washington Plaza Baptist Church (Photo courtesy of Washington Plaza Baptist Church's Facebook page)

BY ZITA COLLINS | I grew up in a Lutheran church before I really knew who I was. Before my own opinions and belief system were formed. BeforeĀ ā€œwelcoming and affirmingā€ churches existed.

I did the ā€œexpectedā€ thing: got married to a man, had children, became a wife and a mom. But I knew there was more to me than that, the part I had to keep hidden because of the society ā€œnormsā€ so many years ago. I attended a Mormon church because that was the type of church my husband attended. As I became more myself having my own opinions and thoughts, and my husband tried to be more controlling, the marriage, of course, failed. 

I quit church. I moved on in life and met a wonderful woman. I knew there was a God, but I figured since I was ā€œliving in sinā€ He didnā€™t like me too much. My way of looking at it was ā€œGod, you stay in your corner and Iā€™ll stay in mine, and weā€™ll get along just fine.ā€ Four years later, in September 1982, my partner was diagnosed with cancer. A couple of months later, she passed away.

During those few months my friend invited me to go to her Assembly of God church. I became a regular. One Sunday in January 1983, I gave my heart and life to Christ, becoming a full-fledged believer. And once again, I gradually put away the part of me that was ā€œunacceptable to God.ā€

As time went on, I attended various churches. I attended an Anglican church for 15 years. I loved God, but I could not reconcile how I felt ā€” my LGBTQ self ā€” with scripture as I knew it at that time. It was at a church leadership meeting, when we were voting on a new marriage policy to exclude gay marriage, that I realized my ā€œcallingā€: to tell the LGBTQ community that God really loves them and accepts them as they are.

I studied scripture, praying for clarity, and realized that those ā€œclobber versesā€ have been traditionally misinterpreted, misunderstood, or taken out of context. I began looking for a church that was friendly to the gay community. I learned that the correct terminology is ā€œwelcoming and affirming.ā€ 

And I found Washington Plaza Baptist Church!

Warm and welcoming, I felt I had found a home. They knew my identity from the start, as I had let it be known that I was looking for a ā€œwelcoming and affirmingā€ church. And they loved and accepted me.

So Who is Washington Plaza Baptist Church?

WPBC is a progressive American Baptist church, located on Lake Anne Plaza, with a long and rich history. It was the first church in Reston, Va., a part of Robert E. Simonā€™s design for the new town named after him. Washington Plaza Baptist Church is an inclusive Christian Community whose worship, communion, and fellowship are open to all. We are a safe place for all people to worship regardless of race, creed, age, cultural background, gender, or sexual orientation. We affirm that all have access to the love of Christ and service to God.

WPBC is very active in Pride. We were involved with the formation of the first Reston Pride and continue to participate each year. We open our fellowship hall for the performers to change and to cool off, and we have a table on the Plaza where we give away free Pride paraphernalia as well as hugs. WPBC has held weddings for same-sex couples ā€” including my wifeā€™s and mine ā€” with most of our members helping in some way to make the day special.

At Washington Plaza Baptist Church, I have been fully embraced for who I am. I have been in leadership from early on. The pastor, Rev. Michelle Nickens, delivers sermons that are powerful and relevant, with a focus on being Christ-like in all areas, including social justice. The people live out their claim of inclusivity and affirmation. The church community truly loves and cares about the people within the church as well as those outside its doors. 

Our address is 1615 Washington Plaza West, Reston, Va. Reach us at 703-471 5225, [email protected]. (Weā€™re on Lake Anne Plaza, right next door to the Lake Anne Coffee House and Wine Bar.)

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Commentary

Hur knew the political ramifications of his report

The case against Biden is over while Trumpā€™s continues

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Special Counsel Robert Hur testifies before the House Judiciary Committee on March 12, 2024. (C-SPAN YouTube screenshot)

I read the transcript of Presidentā€™s Bidenā€™s sit down with Special Counsel Robert Hur, then listened to Hur, who actually resigned before he testified before Congress, and found him totally unbelievable. 

Heā€™s a man looking for something. That something is most likely a job in Trumpā€™s administration should he win. He refused to answer that question when asked. When asked by Rep. Adam Schiff (D-Calif.) if he realized what political games would be played with his report, he said it was it was in no way political. Hur gets credit for being smart. He went to Harvard and Stanford, and was a law clerk for Chief Justice William Rehnquist. He served as Special Assistant and Counsel to Christopher Wray, then assistant attorney general in charge of the Justice Department’s Criminal Division. There is no way a smart, accomplished man like Hur wouldnā€™t recognize the political implications of what he wrote.

I think once he found he couldnā€™t actually indict the president, because there was no indictable offense, he had to come up with a reason that would satisfy the Republicans he was trying to impress. So, what better than going along with the Republican playbook saying Biden was an old man who couldnā€™t remember anything and writing that is how a jury would see him? What a pile of BS. The reason they wouldnā€™t convict is there was no crime committed. 

Interestingly, Hur went even further down the Republican rabbit hole, and said Biden was only looking for money when he wanted to use the information from a high security paper in a book he was writing. But of course, like any former president or vice president, he was going to get a great book deal, which was in no way dependent on him having any high-level security papers in his possession to share. Again, ridiculous to pin it on that especially when you think about all the grift in the Trump family. 

Clearly, Jim Jordan (R-Ohio), who chairs the committee, the same Jim Jordan who I was most likely bumped out of a first-class seat on a recent American Airlines flight for, jumped on that to say Biden and his family only wanted to make money even if illegally. Again, it is beyond rational belief that Hur, a smart guy, wouldnā€™t understand he played right into Jordanā€™s hand. I think he put that in specifically for Jordan, and other Republicans, to use. Now he had to have some balance to his report, so he explained why Biden didnā€™t do what Trump did, Biden having cooperated with the feds, while Trump did just the opposite. But the reality is this didnā€™t make any difference to the Trump case, and didnā€™t break new ground in any way. Smart thing to do by Hur, but then I keep giving Hur credit for being smart.

The State of the Union speech put to rest Biden being an old man who couldnā€™t think on his feet. He clearly did, and even managed to make Marjorie Taylor Greene look like a bigger fool than she is. He had Speaker Johnson sitting behind him, actually having to clap for some things he said, even if he tried to hide those claps beneath the cameraā€™s range. This is the same Speaker who in a press conference recently confused Israel with Iran, saying repeatedly the Congress would approve funds for Iran. President Biden delivered a strong and clear speech, which put many Democratsā€™, and independentsā€™, minds at ease. 

The case investigating Biden taking documents is now over, at least with regard to any of the legal issues. That doesnā€™t mean Republicans will drop it, and Hur gave them the grist for their lies to continue. Hur kept saying he didnā€™t exonerate Biden, we can debate the meaning of the word exonerate, but again this shows how smart Hur is, and he did this for the Republicans he wants to impress. Despite this, his final report showed there was nothing to prosecute Biden on. 

The president can put this behind him, while Trump still has to deal with his case. The president is moving forward with a campaign that will show the American people why he, and Kamala Harris, should be reelected. He is out campaigning across the country making a strong case for his vision of the future, and talking about issues like abortion, and protecting democracy. If I am right, and Trump loses, Hur will realize what a big mistake he made, placing his bets on the wrong horse. 

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