Homosexuality In Bahrain: Criminalization And Its Consequences

While same-sex sexual activity was decriminalised in Bahrain in 1976, laws against indecency remain and are used to target gender and sexual minorities. Although no law explicitly criminalises same-sex relations, authorities have used vague penal code provisions against indecency and immorality to target these minorities.

Bahrain is a liberal country compared with most others in the region, but many Bahrainis hold conservative social views. Homosexual activity is legal in Bahrain, but there have been documented cases of arrests of homosexual people for their sexual orientation.

Same-sex activity is legal in Bahrain, but there are still arrests

In February 2011, over 100 people were arrested at a same-sex wedding in a village in northern Bahrain. The government described the event as "depraved and decadent". Law enforcement officials reportedly checked to see if any of the arrested individuals had previous histories of "debauchery or sodomy". While the reactions to the incident varied, the high number of voices calling for harsh punishments suggests that strong conservative sentiments continue to shape the treatment of LGBT+ individuals in the country.

Law enforcement officials also regularly inspect massage parlours and beauty shops, many of which are believed to be frequented by homosexuals. State officials believe that homosexuals, particularly those from Thailand and the Philippines, migrate to Bahrain to work in the beauty industry but actually come to engage in homosexual activities. Law enforcement officials have sought out and deported foreigners within the gay community and have attempted to stop suspected homosexuals from entering the country at the airport.

Teachers are also trained to identify gay students and to administer punishments for perceived homosexual behaviour, even though the Education Ministry claims there are no homosexual students in Bahrain's schools. There have been reported cases of individuals punished for same-sex activity, but in practice, arrests for homosexual behaviour are relatively rare.

In October 2021, members of parliament proposed a bill to amend the penal code, including renaming one of its chapters "Debauchery, Prostitution, and Perversion". The bill would also criminalise raising a flag, slogan, or any sign "symbolizing homosexuals", "promoting the ideas and beliefs of homosexuals", and "inviting, organising, or attending any gathering or meeting of homosexuals". These actions would be punishable by up to five years' imprisonment and a fine of 3,000-5,000 dinars.

Bahrain is considered a liberal country compared to most others in the region, but many Bahrainis hold conservative social views. While there is no explicit criminalisation of same-sex relations, the government has redirected restrictive measures towards what it identifies as "moral" issues, attempting to indirectly ban homosexuality.

Bahrain's conservative social views

While Bahrain is considered a liberal country compared to its regional neighbours, many Bahrainis hold conservative social views. These views are largely influenced by Islamic religious values, which are highly respected in the country. Islamic teachings and interpretations of scripture play a significant role in shaping societal attitudes and government policies towards the LGBTQ+ community.

The country's conservative social views extend to its education system as well. Teachers are trained to identify and punish gay students, and the Education Ministry denies the existence of homosexual students in schools. The government has also proposed plans to instruct teachers on warning signs of homosexuality or cross-dressing so that students can be disciplined accordingly.

Furthermore, Bahrain's conservative social views influence its stance on gender recognition and expression. While gender-affirming care is legal, the process of legally changing one's gender is limited and challenging. Non-binary gender identities are not legally recognised, and transgender individuals face significant barriers to social acceptance and official recognition of their changed gender.

Public opinion surveys in Bahrain have revealed a prevalence of resistance towards LGBTQ+ rights, with a significant portion of respondents considering homosexuality as "immoral" and expressing reluctance to live near homosexual neighbours. These views are shaped by religious beliefs and cultural practices, with individuals citing Islamic teachings as the basis for their opposition to homosexuality.

In summary, Bahrain's conservative social views are characterised by a resistance to LGBTQ+ rights, influenced by Islamic teachings and cultural traditions. These views manifest in discriminatory laws, social stigma, and a lack of legal protections for the LGBTQ+ community. While same-sex relationships are not explicitly criminalised, vague moral provisions are used to target and punish sexual and gender minorities.

Public morality laws

Bahrain's public morality laws are influenced by the country's religious and cultural values, which largely stem from Islam. While same-sex sexual activity was decriminalised in 1976, and Bahrain is considered more liberal than other countries in the region, laws against indecency and immorality are used to target gender and sexual minorities.

These laws are often vague, with the terms "indecency" and "immorality" open to interpretation. For example, Article 350 of the Penal Code of Decree Law No. 15 of 1976 prohibits any form of public indecency, including "imitating the opposite sex," which can result in up to a year in prison and a fine. Article 324 of the same code prohibits "enticing another person to commit prostitution or 'fujoor' (immorality)," which has been used to crack down on men wearing women's clothing in public.

Public displays of affection between same-sex couples, owning a rainbow flag, or declaring one's homosexuality can be considered public immorality and promoting "fujoor." Additionally, Article 355 of the 1976 Penal Code imposes a penalty of up to two years in prison and a fine on individuals who distribute or exhibit publications, drawings, or symbols deemed contrary to public morals.

While Bahrain has a more tolerant image compared to some of its neighbours, there is a significant crackdown on homosexuals, with arrests and deportations. There is also a notable lack of LGBT+ organisations and resources in the country, as the government has blocked access to LGBT+ websites.

LGBT+ individuals face entrenched social stigma

While same-sex sexual activity was decriminalised in Bahrain in 1976, LGBT+ individuals continue to face entrenched social stigma and legal challenges. Although no law explicitly criminalises same-sex relations, authorities have used vague penal code provisions against "indecency" and "immorality" to target gender and sexual minorities. LGBT+ individuals face the risk of imprisonment, fines, and deportation under these provisions.

Bahrain is a liberal country compared to its regional neighbours, but many Bahrainis hold conservative social views. This dichotomy has resulted in a complex situation for LGBT+ individuals, who may find themselves facing social ostracism and discrimination despite the legality of their sexual orientation and expression.

Public opinion in Bahrain reflects a mix of liberal and conservative values. While some surveys indicate a level of resistance towards LGBTQ+ rights, it is important to note that the number of available surveys is limited. Additionally, the World Values Survey in 2011 found that 18% of Bahraini people did not want to live next to homosexual neighbours, which was among the lowest percentages in the world. This suggests that while there may be a degree of social stigma, it is not as prevalent as in other countries.

The Bahraini government has attempted to restrict the rights of LGBT+ individuals by including homosexual acts and behaviour under the category of "immoral" behaviour. This indirect approach to banning homosexuality has resulted in punishments such as hard labour and, in rare cases, imprisonment of up to ten years. Additionally, cross-dressing is illegal in Bahrain, and public morality laws prohibiting it have been enforced on multiple occasions.

Law enforcement officials regularly inspect businesses believed to be frequented by homosexuals, such as massage parlours and beauty shops. They also seek out and deport foreigners within the gay community and attempt to prevent suspected homosexuals from entering the country. Teachers are trained to identify and punish gay students, despite claims from the Education Ministry that there are no homosexual students in Bahrain's schools.

The government's actions reflect the strong influence of religious and cultural traditions in Bahrain. Islamic religious values are deeply respected, and any disrespect towards these beliefs is considered offensive and punishable. While other religions are also respected and can be practised freely, the interpretation and application of Islamic values play a significant role in shaping social attitudes and legal frameworks.

The social stigma faced by LGBT+ individuals in Bahrain is further exacerbated by the lack of support from non-governmental organisations (NGOs). While there have been attempts to establish LGBT+ support groups, they have faced challenges and scrutiny from the government and community. This leaves LGBT+ individuals with limited resources and support systems to navigate the social and legal challenges they face.

Bahrain's history of homosexuality laws

Criminalisation of Homosexuality

Homosexual acts were first criminalised in Bahrain when it was a protectorate of the British Empire, who imposed similar laws in almost all of their colonies. This legislation was modelled on the original 1860 Section 377, introduced in India by the Raj.

Decriminalisation

In March 1976, a new Penal Code was enacted, repealing the Penal Code of the Persian Gulf that had been imposed by the British. This new code decriminalised private, non-commercial acts of homosexuality between consenting adults over the age of 21.

Continued Discrimination

Despite decriminalisation, members of the LGBTQ+ community in Bahrain continue to face legal challenges and discrimination. While there is no law explicitly criminalising same-sex relations, authorities have used vague penal code provisions against indecency and immorality to target gender and sexual minorities. These laws allow for sentences of imprisonment, fines, and deportation.

Recent Developments

In October 2021, members of parliament proposed a bill to amend the penal code, including renaming a chapter to "Debauchery, Prostitution, and Perversion" and adding articles that would criminalise raising LGBTQ+ flags or symbols, promoting LGBTQ+ ideas and beliefs, and attending LGBTQ+ gatherings. These offences would be punishable by up to five years' imprisonment and a fine.

In summary, while Bahrain has a history of criminalising homosexuality, there was a significant shift towards decriminalisation in 1976. However, the LGBTQ+ community continues to face legal challenges and discrimination, with recent developments indicating a potential regression in rights and freedoms.

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