ILGA_State_Sponsored_Homophobia_2012

Chapter 2: Classes of crime
Section 3. "For the purpose of this Penal Code, the classes of crimes shall be as follows:
(c) A crime shall be petty misdemeanor, if it is so designated in this Penal Code or other laws and provides for
a maximum term of imprisonment of less than one year and a minimum term of one month for the convicted
defendant."
Brunei
Male/Male Illegal Female/Female Legal
PENAL CODE, CHAPTER 22, revised edition 2001 189
Unnatural offences.
Section 377. “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman,
or animal, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be
liable to fine. [S 12/97]
Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described
in this section.”
Gaza - Occupied Palestinian Territory
Male/Male Illegal Female/Female Legal
The British Mandate Criminal Code Ordinance, No. 74 of 1936 is in force in Gaza. 190
Section 152(2) of the Code criminalizes sexual acts between men with a penalty of up to 10 years. 191
This Code was in force also in Jordan till 1951 and in Israel till 1977, before they adopted their own Penal
Codes. Note that in the West Bank (including East Jerusalem), however, the Jordanian Penal Code of 1951,
largely modified in 1960 is in force, having no prohibition on sexual acts between persons of the same sex.
India
Male/Male Illegal Female/Female Legal
In most of India, the Indian Penal Code is applicable. In 2009, Section 377 of the Indian Penal Code was
given a more limited interpretation, lifting the ban on same-sex sexual activity among consenting adult men.
However, in the Indian state of Jammu and Kashmir, the Indian Penal Code is not applicable, but rather the
Ranbir Penal Code (adapted from the Indian Penal Code) is applicable. Since the judgment of the Delhi
High Court applies only where the Indian Penal Code is applicable, it does not change comparable
provisions in Jammu and Kashmir. Therefore, Section 377 of the Ranbir Penal Code remains in effect,
prohibiting same-sex sexual activity. If Section 377 of the IPC is struck down by the Supreme Court, then the
pari materia provision in the Ranbir Penal Code will be automatically struck down as well - following
precedents of the case Jankar Singh v State."
189 Text of the law is available at: http://www.agc.gov.bn/images/LOB/PDF/Cap22.pdf.
190 Text of the law is available at: http://www.unhcr.org/refworld/pdfid/4d384ae32.pdf.
191 Human Rights and Legal Position of Palestinian “Collaborators”.
Supreme Court of Israel. Schmitt/Sofer, 1992, p. 137-138.
State-Sponsored Homophobia – May 2011
ILGA – The International Lesbian, Gay, Bisexual, Trans and Intersex Association - www.ilga.org
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