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There is little pre-colonial texts that have survived in Bangladesh noting on homosexuality,[clarification needed] and also in overall, homosexuality in the country has a very short written history but concepts of the third gender has always been part of the culture.[citation needed]
During the British Period, Bangladesh was part of the Bengal Presidency where homosexuality was formally criminalized under Section 377 of the Indian Penal Code in 1861. The Partition of India made East Bengal into East Pakistan – a Muslim majority nation where homosexuality remained taboo like the colonial era.
The culture of Bangladesh is influenced by both Bengali and Islamic ideologies,[1] where homosexuality is absent, or present with homophobia and ignorance/silence about it. Bengalis have always been conservative and prohibition-minded regarding any kind of romance and sexuality. Any kind of sexuality whether it is homosexual or heterosexual along with romance has always been viewed negatively and repressed heavily in Bangladeshi society.[citation needed]
Like in the rest of South Asia, third gender communities such as the Hijra have been present since the pre-colonial times. These communities include transgender women, intersex peoples and eunuchs.[2] While hijras have legal recognition in modern-day Bangladesh, they still face heavy discrimination.
Muhammad bin Bakhtiyar Khalji was the first Muslim who conquered Bengal in 1204 A.D., his reign was responsible for displacement of Hinduism by Islam, though Buddhism was little active before he came. Bakhtiyar's rule started the Islamic rule in Bengal. Roots of the Bengal Sultanate and the Mughal Bengal were created from Bakhtiyar's reign.[relevant?]
Homosexuality was not an official punishable offense during the Muslim era.[3] A 14th century Bengali folklore tells the story of a homosexual relationship between two widows.
The Battle of Plassey led to the end of Muslim rule in Bengal. The British East India Company sat in the governance until the Indian Rebellion of 1857, after which Queen Victoria took responsibility of India and established the British Raj. In 1861, Thomas Babington Macaulay officially criminalized homosexuality by enacting Section 377 of the Indian Penal Code, modeled after Buggery Act 1533 of England.[3] The law stated that:
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to a fine.
— Thakore, Dhirajlal Keshavlal, The Indian Penal Code, Section 377. Of Unnatural Offences.
Comments clarifying this section listed sodomy and the "carnal knowledge committed against nature by man with man" as a punishable offence.[4]
Bengali Renaissance occurred in 19th century and early part of the 20th century, though it was limited only between Bengali HindusofWest Bengal;[5] homosexuality was never mentioned positively by anyone in this period, no one tried talk on behalf of homosexuality, though female homosexuality never come under punishment according to the British law. Some Hindu writers e.g. Ishwar Chandra Gupta and Jagadish Gupta wrote on behalf of lesbianism.
Bengali Muslims created their homeland known as East Pakistan according to the Lahore Resolution of 1940.[6] From the British period to the Independence of Pakistan no Bengali Muslim writer wrote anything on behalf of homosexuality. On the other hand, the old Section 377 of the Indian Penal Code was active in the Penal Code of Pakistan. Constitution of Pakistan of 1956 and Constitution of Pakistan of 1962 continued the British law regarding homosexuality which is criminalized according to the law.[7]
The 1950s decade saw the introduction of the East Pakistan's (East Bengal / modern-day Bangladesh) film industry. 'Mukh O Mukhosh' (1956) was the first Bengali film made in East Pakistan which represented conservative heterosexual romance and arranged marriage. From the year 1956 to 1960s decade, all films followed this pattern.[relevant?] The Bengali Muslim literature sector also started to grow expeditiously during this period.[8]
Pakistan was created as a Muslim nation, so Bengali Muslim writers and poets were given priorities rather than top Hindu Bengali writers who were prominents from the British period. British period's Muslim writers e.g. Kazi Nazrul Islam's writings were publicized. No Muslim Bengali intellectual is known to have written anything on behalf of homosexuality during Pakistan period of Bangladesh. Progressive values in educated Bengali Muslim society was to possess heteronormative values. In 1960s decade, there were reports to have some brothels in Dhaka University's adjacent areas e.g. the Shahbag area, where bacha bazi (sexual abuse on young adolescent males) was observed but adult homosexuality was not seen;[7] Homosexuality remained taboo throughout 1947 to 1960s decade and to 1971 in which year Bangladesh seceded from Pakistan.[7]
Bangladesh became a separate country from Pakistan in 1971.[9] In 1972, the Constitution of Bangladesh was created where the old Section 377 was also entered. Though homosexuality was rarely punished in independent Bangladesh, in the 1970s and 1980s and also in the 1990s, Bengali-language newspapers faced controversy for publishing poems/short stories and/or novels by writers whose books were banned for homoerotic content.[citation needed] In the 1980s - 2000s, Bangladeshi brothels contained male homosexual prostitutes.[10]
By the 21st century, homophobia and transphobia remained prevalent in Bangladesh. However, various organizations emerged advocating for LGBT rights like ‘Bandhu Social Welfare Society', ‘Bengayliz’, and ‘Boys of Bangladesh’. In 2014, ‘Roopbaan’ became the first time openly LGBT magazine in Bangladesh and focused on homosexual romance. However, the magazine shut down when its chief editor Xulhaz Mannan was murdered in 2016 by Islamic fundamentalists.[11] The Bangladeshi government has refused to decriminalize homosexuality.[12][13][14]
In 2013, Sanjida, a then 20-year-old Muslim woman, was arrested for loving, marrying and eloping with another girl.[15] Charges against homosexuality were not brought and Sanjida was released from prison shortly after arrest. She was falsely accused of abducting her lover Puja, a Hindu girl.
In May 2017, 28 suspected male homosexual youths were arrested in Keraniganj Upazila, DhakabyRapid Action Battalion on the grounds of drug abuse.[16]
In January 2014, the Cabinet of Bangladesh allowed hijras to legally register as third gender. In December 2014, the Ministry of Social Welfare invited hijra community members to apply for government positions, though some reported getting harassed during the interview process.[17] Many hijra and transgender Bangladeshis continue to experience discrimination such as restricted education and employment access, violence, denial of health care services, and poverty.[2][18]
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