As Bhutan becomes the latest Asian country to decriminalize homosexuality, the Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) community in the country hailed the move. They expressed joy at the parliament’s decision. The Joint Sitting of the parliament decriminalized homosexuality between adults while deliberating the disputed clauses of the Penal Code Bill of Bhutan 2019 last week.
Twenty-three-year-old Tsagay is a member of Rainbow Bhutan for about four years now. Rainbow Bhutan represents the country’s LGBTQ community. Tsagay was 12 years old when he realized he was different. Becoming a member of the LGBTQ community has helped Tsagay gain the confidence to accept himself the way he is. However, the narrative was different before. Tsagay recollects bearing the weight of the law that categorized sex between the same sex as unnatural before. But not anymore. With the amendment of section 213 and 214 of the Penal Code of Bhutan recently, Tsagay is a proud trans-man today.
“Before, same-sex was considered unnatural. So it was difficult and inconvenient for us. I have felt so different after hearing about the new amendment. I felt like I have been freed from carrying a heavy load,” said Tsagay.
“Before the amendment, it always bothered us to have a relation with our partner as if it’s illegal. Now with the change, I feel that it will benefit the members,” remarked Tenzin Gyeltshen, the Executive Director of Rainbow Bhutan.
Similarly, different groups of LGBTQ via Facebook welcomed the move. LGBTQ Bhutan wrote “Nearly a decade since the first voices were heard and the first initiatives were taken. The decriminalization of homosexuality not only liberates Bhutan from archaic laws of the old but also sets us as a prime example of equality and justice.”
“Be it in regional or international meetings, we have been told the importance to decriminalize unnatural sex in terms of homosexuality between adults. Secondly, section 213 has to be amended because this will greatly benefit the LGBT community,” commented the Chairperson of the Joint Committee on Penal Code of Bhutan, Ugyen Namgay.
The Joint Committee of the Penal Code presented the recommendation as, “A defendant shall be guilty of the offence of unnatural sex if the defendant engages in sexual conduct that is against the order of nature. However, homosexuality between adults shall not be considered as unnatural sex.” The Joint Sitting unanimously agreed to the committee’s recommendation.
Meanwhile, the LGBTQ community is expecting more changes and policies to come through that would give them an identity in society.
“It is just the beginning of the journey. We have a lot more to overcome. Let’s say, maybe next time, we can have marriage policies and gender reorganization policy to be drafted, so that the LGBTQ community can have their own identity,” commented the executive director of Rainbow Bhutan.
The executive director added that the amendment would encourage more people to come out regarding their sexual orientation instead of living in fear of how people might percieve.
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