World
Botswana attorney general seeks to recriminalize homosexuality
High Court heard case on Oct. 12
GABORONE, Botswana — On June 11, 2019, Botswana moved toward being a state that no longer held some of its citizens (and, by extension, visitors) as criminals if they identified within the LGBTQ spectrum. However, the government didn’t take too long before it declared its intention to appeal the High Court judgment that asserted that consensual same-sex sexual activity in private was not to be a criminal act.
The appeal hearing took place on Oct. 12.
There are some key things to understand about what the High Court did for people in Botswana. The judgment, written and delivered by Justice Leburu, not only put a clear delineation between the state’s powers to intrude in people’s private sexual lives, but it also stated that laws that served no purpose in the governance of the people they oversaw were most likely worthy of “a museum peg” more than being active laws of the land.
In the hearing on Oct. 9, a full bench of five judges of the Court of Appeal was treated to the government’s case—as presented by advocate Sydney Pilane of the Attorney General’s Chambers—along with hearing the rebuttals from the legal counsel representing Letsweletse Motshidiemang, who brought the original case against the government, and LEGABIBO, an NGO admitted as amicus curiae, a friend of the court. The appeal, two years in the making, would have been expected to be based on facts rather than opinions of what could and could not be accepted by hypothetical Batswana. Pilane even went so far as to contest that President Mokgweetsi Masisi’s utterances about how people in same-sex relationships were “suffering in silence” were taken out of context as he was talking about gender-based violence and not endorsing their relationships.
The 2019 ruling of the High Court, the most supreme court of incidence in the country, not only declared people who were or had interest in engaging in consensual same-sex sexual activity not criminals, but it also allowed non-queer people to engage in sex acts that would otherwise be considered “against the order of nature” freely. The latter clause had often been interpreted as being solely about non-heterosexuals but on greater interrogation one realizes that any sex act that doesn’t result in the creation of a child was considered against this ‘order of nature’ and that nullified much of heterosexual sexual exploration—further painting these clauses as out of touch with contemporary Botswana as Leburu expressed.
In some of his appeal arguments, Pilane stated that Batswana “do not have a problem with gay people”, yet he based his contention on the fact that Batswana “respect the courts’ decisions;” as such they would not take up arms at the court’s decision to decriminalize consensual same-sex sexual activity. Pilane maintained that the decision to decriminalize should be left to the Parliament on the recommendation of the courts. The bench was swift to query whether a body of politicians elected by a majority would be the best representatives of a minority that was oppressed by laws that the very politicians benefitted from.
Botswana’s legal system allows for the High Court ruling to remain the law of the land until such a point as it’s struck down. The Court of Appeal ruling in favor of Batswana’s sexual liberties will be a nail in the proverbial coffin of residual colonial sex-related laws plaguing Botswana. This will not be the end by any means though. Where the attorney general can form a case stating that decriminalizing consensual same-sex relations could be likened to people locking themselves in their houses with animals and having their way with them, we know that mindset changes need to be prioritized to ensure that all Batswana understand their constitutionally protected rights to privacy, expression, and freedom of association as relates to their personal and sexual lives.
The 2010 Employment Act of Botswana already protects people from being discriminated against based on their sex or gender identity. The nation’s sexual violence laws were made gender neutral, thus covering non-consensual sex (rape) in all its possibilities. In upholding the ruling of the High Court, the Court of Appeal will allow the LGBTQ and SOGIESC (sexual orientation, gender identity and expression and sex characteristics) movements in Botswana some respite as attention is then channeled toward other pressing matters such as name changes, access to healthcare, and other culturally pertinent issues.
The Court of Appeal is expected to hand down a judgement following their deliberations in 4-6 weeks (mid to late November), however, this remains at their discretion. As it stands, since the High Court ruling in 2019, Botswana has experienced increased social accommodation for LGBTQ matters and figures—however, this is not to say there have not been any negative instances. With the continued sensitization, the expectation is that the courts, the government and NGO players will all contribute to a broad, national, culturing of LGBTQ rights in Botswana devoid of colonial residues.
India
Few transgender people benefit from India’s low-income housing program
Pradhan Mantri Awas Yojana launched in 2015
The Indian government on Dec. 15 informed parliament that only one transgender person in Jammu and Kashmir has been recorded as a beneficiary under the Pradhan Mantri Awas Yojana since the housing program was launched a decade ago.
PMAY is a federal government program aimed at expanding access to affordable housing for low- and middle-income households, including through credit-linked subsidies. The parliamentary disclosure indicates that trans beneficiaries have been virtually absent from the program’s records in the union territory, despite official guidelines listing trans people as a priority category.
In a written reply to a question in the upper house of parliament, known as the Rajya Sabha, the Housing and Urban Affairs Ministry said Jammu and Kashmir recorded zero trans beneficiaries under the program in each financial year from 2020–2021 through 2025–2026, with the cumulative total since inception remaining at one.
The Indian government launched the program on June 25, 2015, and the Housing and Urban Affairs Ministry implemented it.
The parliamentary reply came in response to a question on whether trans people are being included under the housing scheme and what steps have been taken to address barriers to access. The ministry said both PMAY and its successor, PMAY 2.0, are demand-driven programs, with responsibility for identifying and selecting beneficiaries resting with state and regional governments.
The ministry said the program lists trans people as a priority group, alongside widows, single women, people with disabilities, senior citizens, and other socially disadvantaged categories. It added that actual implementation depends on housing proposals and beneficiary lists submitted by state and regional governments.
According to figures the Indian government cited, a total of 809 trans beneficiaries have been recorded under PMAY and its successor, PMAY 2.0, since the programs were launched, with the vast majority concentrated in a small number of states. The southern state of Tamil Nadu accounts for 222 beneficiaries, followed by Andhra Pradesh with 186, and Odisha with 101. By contrast, several other states and federally administered regions, including Jammu and Kashmir, have reported either negligible or no coverage. India is administratively divided into 28 states and eight federally governed territories.
According to India’s 2011 national Census, Jammu and Kashmir recorded 4,137 trans residents. The same census counted 487,803 trans people nationwide, providing the most recent official population baseline for the community in India.
The ministry also said it has not conducted a specific survey to assess barriers faced by trans communities in accessing the scheme’s benefits. Instead, it said lessons from earlier implementation phases informed the design of the second phase of the program, launched on Sept. 1, 2024, which aims to support an additional 10 million urban beneficiaries over the next five years.
The parliamentary reply reveals an even more severe gap in Ladakh, India’s northernmost federally governed territory bordering China and Pakistan-administered areas and considered strategically critical to national security.
Official records show that Ladakh has not reported a single trans beneficiary under the housing scheme, either in recent years or cumulatively since the program began, with zero coverage recorded across all financial years listed in the Annexure. By comparison, Ladakh’s trans population stands at six, according to a written submission made to the High Court of Jammu and Kashmir in 2024.
Despite trans people being listed as a priority group in the scheme’s guidelines, the federal government said that as of November 2025 it had sanctioned more than 12.2 million homes nationwide under both versions of the program, with over 9.6 million homes completed and delivered. At the same time, data from Jammu and Kashmir, Ladakh, and several other regions show little to no recorded housing uptake by trans beneficiaries.
Speaking with the Washington Blade, Meera Parida, a trans activist, former member of the National Council for Transgender Persons in India’s eastern zone, and a former state advisor under the housing and urban development department, said the 2011 Census does not reflect the full size of India’s trans population, noting that public recognition and self-identification were far more limited at the time. She pointed to later government data collection efforts, including the National Portal for Transgender Persons that the Social Justice and Empowerment Ministry launched in 2020, as evidence that official counts have expanded beyond what was captured in the last Census.
“I am surprised that around the country only over 800 people benefited from the scheme, because most of the transgender population is from socially backward classes,” said Parida. “So they do not have a house and no family. Five years have passed since the NALSA judgment and the Transgender Protection Act; even after all these, if only over 800 transgender persons got home, that is a sad situation.”
Parida said that Prime Minister Narendra Modi has publicly positioned trans people’s welfare as a priority, but argued that the issue requires greater attention at the administrative level. She said the prime minister’s office should issue clear directions to all relevant departments to ensure trans people receive housing support and that implementation moves more quickly.
“There is still widespread discrimination and stigma against the community. Many transgender people are afraid to speak openly, which is why this issue continues to persist,” Parida said. “If stigma and discrimination are not addressed seriously, the marginalized community will remain invisible and reluctant to come forward. In that situation, the government will also be limited in what it can do. State governments should work with activists and community organizations to build accurate data. The government has decided to resume the Census in 2026, but the enumerators who go door to door must be sensitized to engage respectfully with the transgender community. The government should also improve awareness of housing schemes, because many people simply do not know they exist. A single-window system is needed.”
A Wider Bridge on Friday announced it will shut down at the end of the month.
The group that “mobilizes the LGBTQ community to fight antisemitism and support Israel and its LGBTQ community” in a letter to supporters said financial challenges prompted the decision.
“After 15 years of building bridges between LGBTQ communities in North America and Israel, A Wider Bridge has made the difficult decision to wind down operations as of Dec. 31, 2025,” it reads.
“This decision comes after challenging financial realities despite our best efforts to secure sustainable funding. We deeply appreciate our supporters and partners who made this work possible.”
Arthur Slepian founded A Wider Bridge in 2010.
The organization in 2016 organized a reception at the National LGBTQ Task Force’s Creating Change Conference in Chicago that was to have featured to Israeli activists. More than 200 people who protested against A Wider Bridge forced the event’s cancellation.
A Wider Bridge in 2024 urged the Capital Pride Alliance and other Pride organizers to ensure Jewish people can safely participate in their events in response to an increase in antisemitic attacks after Hamas militants attacked Israel on Oct. 7, 2023.
The Jewish Telegraphic Agency reported authorities in Vermont late last year charged Ethan Felson, who was A Wider Bridge’s then-executive director, with lewd and lascivious conduct after alleged sexual misconduct against a museum employee. Rabbi Denise Eger succeeded Felson as A Wider Bridge’s interim executive director.
A Wider Bridge in June honored U.S. Rep. Debbie Wasserman Schultz (D-Fla.) at its Pride event that took place at the Capital Jewish Museum in D.C. The event took place 15 days after a gunman killed two Israeli Embassy employees — Yaron Lischinsky and Sarah Milgrim — as they were leaving an event at the museum.
“Though we are winding down, this is not a time to back down. We recognize the deep importance of our mission and work amid attacks on Jewish people and LGBTQ people – and LGBTQ Jews at the intersection,” said A Wider Bridge in its letter. “Our board members remain committed to showing up in their individual capacities to represent queer Jews across diverse spaces — and we know our partners and supporters will continue to do the same.”
Editor’s note: Washington Blade International News Editor Michael K. Lavers traveled to Israel and Palestine with A Wider Bridge in 2016.
Malaysia
Malaysian police raids spark renewed concern among LGBTQ activists
202 people arrested at men-only venues in Kuala Lumpur on Nov. 28
In the weeks since a Nov. 28 police raid on men-only venues in Kuala Lumpur, queer activists in Malaysia say they have stepped up efforts to coordinate legal assistance for people detained under state Shariah laws.
Justice for Sisters, Pelangi, and other groups have been providing legal referrals, court monitoring, and emergency support following the arrests, as advocates warn that enforcement targeting LGBTQ communities has intensified.
In Malaysia, a Muslim-majority but multi-ethnic and multi-faith country, consensual same-sex sexual conduct is criminalized under both civil and Islamic law. The federal penal code bans “carnal intercourse against the order of nature,” a provision that applies nationwide, while state-level Shariah laws governing Muslims prohibit same-sex relations and gender nonconformity, including cross-dressing. Together, the dual-track legal system allows authorities to pursue LGBTQ people under parallel civil and religious statutes.
According to Justice for Sisters, 202 people — including venue owners, staff, and customers — were arrested and detained overnight. The organization in a statement said detainees were repeatedly denied access to legal counsel and communication with family members, and that their identities and images were exposed publicly — actions it said led to humiliation and, in some cases, job losses.
According to testimonies collected by Justice for Sisters and several other NGOs, detainees reported multiple procedural violations during the legal process. In a document the group published, detainees said they were not informed of the charges against them, were denied access to legal counsel, and phone communication for hours, and, in the case of foreign nationals, were not given access to embassies or translators. The document also described interrogations that included intrusive questions about sexual practices and orientation, as well as detention conditions in which detainees were repeatedly ordered to sit, stand, and recline without explanation and transported in overcrowded vehicles, with 30 to 40 people placed in trucks designed for far fewer passengers.
Detainees also reported being subjected to degrading treatment while in custody.
Accounts said detainees were denied access to toilets for extended periods and instructed to urinate into bottles, which were later thrown at them. Some detainees said officers suggested using rubber bands to restrict urination. Detainees also said authorities kept them awake overnight and repeatedly ordered them to sit upright or monitor others to prevent them from sleeping.
“We call on the Malaysian Human Rights Commission (SUHAKAM) and the Ministry of Health (KKM) to immediately launch an independent and unbiased assessment and investigation into the actions of the agencies involved during the raid, detention, and subsequent procedures, after the court rejected the remand extension request on Nov. 29, 2025,” Justice for Sisters said in a statement. “This raid has had a serious impact on public health. Many individuals reported heightened mental distress, including suicidal thoughts and severe psychological stress, affecting their ability to carry out daily activities such as eating, working, sleeping, and accessing medical treatment. When safe-sex tools such as condoms or pre-exposure prophylaxis are used to imply criminal activity, it directly undermines progress in the country’s public health response.”
Justice for Sisters also said law enforcement officers must conduct investigations professionally and fairly, while upholding the presumption that detainees are innocent until proven guilty. The organization in a statement said police must carry out their duties in a manner that preserves public trust and confidence in the justice system.
Rights groups say enforcement actions against LGBTQ gatherings in Malaysia have not been limited to the capital.
In June 2025, police in the northeastern state of Kelantan raided a private rented property described by authorities as a “gay party,” arresting 20 men, according to state police statements.
According to Reuters, Malaysian law enforcement authorities said they would review their procedures following the November raid. The report cited Kuala Lumpur Police Chief Fadil Marsus as saying that 171 Malaysian nationals were released from custody after authorities found no evidence to prosecute them.
The Washington Blade reached out to the Royal Malaysia Police for comment, but did not receive an immediate response.
“We do not want a situation where raids and arrests are carried out but, in the end, the evidence is inadmissible,” Marsus said, according to Reuters.
As of Dec. 1, all but one of the 37 foreign nationals detained in the raid had been released, with the remaining person held on an immigration-related matter, according to Reuters. Authorities have not publicly disclosed whether they remain in custody.
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