Table of Contents
LGBTQI (lesbian, gay, bisexual, transgender, queer, and intersex) refers to individuals who are attracted to the same sex, who identify and/or express their gender differently than assigned at birth, or who possess a combination of male or female biological traits Each person in Myanmar is guaranteed equal rights before the law and equal protection.1 However, there are no laws that explicitly protect the rights of LGBTQI persons, particularly against discrimination.
Neither same-sex marriage nor same-sex civil union is recognised under Myanmar law.
Same sex individuals who go through a marriage ceremony, with the knowledge that they cannot be lawfully married, may be charged under the Penal Code and subject to imprisonment and a fine.2
The Penal Code criminalizes sexual intercourse that is “against the order of nature,” even between consenting adults. The term “against the order of nature”3 is not defined under the Penal Code.
The law has been discriminatorily applied to same sex sexual activities. Since this law is cognizable, a police officer does not need a warrant to arrest a person under this law.
Rape can only be carried out by a male against a female victim under the Penal Code. The current law does not protect men who experience similar abuse.4
There are provisions of the Police Act (1945) that have been used in cases of misconduct by police to harass and extort money specifically from LGBTQI persons.
This law currently provides for warrantless arrest of any person who is disguised in some manner, between sunset and sunrise, and is unable to give a satisfactory account of his or her presence.5
In particular, it has been applied to transgender persons who wear clothing that was traditionally associated with a different gender from the one assigned to them at birth. This law also allows for a warrantless arrest of any person who is unable to satisfactorily account for his or her presence within a building.6
Public nuisance and obscenity related laws are not clearly defined and therefore leave LGBTQI persons vulnerable to discriminatory or arbitrary police action.
The Penal Code allows the police to arrest a person without a warrant for committing an ongoing public nuisance.7 The sale, distribution, public exhibition, or mere possession of “obscene” materials is illegal.8
In addition to the laws and lack of protections that affect other members of the LGBTQI community, some transgender persons may face additional discriminatory treatment due to a legal provision against “emasculation” in Myanmar.
Doctors involved in sex reassignment surgery, which in this case refers to the surgical process of removing male genitals, may be charged with “emasculation,” a type of grievous harm under the Penal Code.9
- Constitution (2008)
- Myanmar Police Force Maintenance of Discipline Law (1995) (amended 1997)
- Penal Code
- Police Act (1945)
- Rangoon Police Act (1899)