ILGA_State_Sponsored_Homophobia_2012

Maldives
Male/Male Illegal Female/Female Illegal
The Penal Code of Maldives does not regulate sexual conduct. 204 It is instead regulated by uncodified Muslim
Sharia law, which criminalises homosexual acts between both men and between women. For men the
punishment is banishment for nine months to one year or a whipping of 10 to 30 strokes, while the punishment
for women is house arrest for nine months to one year. 205 There have been reports of women being
sentenced to a whipping as well for lesbian acts. 206
Myanmar
Male/Male Illegal Female/Female Illegal
Penal Code, Act 45/1860, Revised Edition 207
Section 377
“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animals
shall be punished with transportation for life, or with imprisonment of either description for a term which may
extend to 10 years, and shall be liable to fine.”
"Transportation" probably means detention in an isolated penal colony. The United Kingdom used to
sentence convicted criminals to "transportation for life": from England, it meant "to the 13 colonies" until the
American Revolution (USA) made this no longer possible, from 1788, it meant "to Australia".
The Law Commission of India, 39th Report (July 1968) 208 , p. 4, para. 9, states:
(The Indian Penal Code of 1860)'... s. 377 effected at least one improvement, even though it probably
inspired no celebrations at the time. From at least 1 January 1862, it repealed (at least impliedly) the death
penalty for "buggery" that existed in some parts of India, and substituted a maximum penalty of
"transportation for life" to the Andaman Islands, which was replaced by "imprisonment for life" in 1955.'
Oman
Male/Male Illegal Female/Female Illegal
Omani Penal Code of 1974 209
Article 33
“The following are deemed as disgracing crimes:
I. All felonies punishable by a coercive sentence.
II. All misdemeanours stated hereafter:
1.Bribery; 2.Embezzlement; 3.False testimony; 4.Perjury; 5.Forgery and use, with knowledge, of forged items;
6.Incitement to prostitution; 7.Homosexual and lesbian intercourses; 8.Drug trafficking; 9.Theft; 10.Rape and
assault; 11.Fraud; 12.Flash Cheque; 13.Breach of trust; 14.Counterfeit; 15.Trespass.”
Homosexual and Lesbian Intercourses
204 Text of the law is available at: http://www.agoffice.gov.mv/pdf/sublawe/PC1.pdf.
205 Country Reports on Human Rights Practices 2005 - Maldives, US Department of State, available at:
http://www.state.gov/j/drl/rls/hrrpt/2005/61708.htm
206 Amnesty International - 2003 Report on Republic of Maldives, available at:
http://web.amnesty.org/library/Index/ENGASA290022003.
207 Text of the law is available at: http://www.blc-burma.org/html/Myanmar%20Penal%20Code/mpc.html.
208 http://lawcommissionofindia.nic.in/1-50/Report39.pdf.
State-Sponsored Homophobia – May 2011
ILGA – The International Lesbian, Gay, Bisexual, Trans and Intersex Association - www.ilga.org
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