Other provisions of the Penal Code can also be used against LGBT people: In November 2018, gay activist Aung Myo Htut, also knows as "Addy Chen" was arrested under the country's sodomy law. LGBT people are also targeted under the "shadow law" or "darkness law" in section 35(c) of the Police Act ( Burmese: ၁၉၄၅ ခုနှစ်၊ ရဲအက်ဥပဒေ), which allows police to detain anyone they consider behaving suspiciously after sunset. After her party came to power in 2015, it did not change the laws. In 2013, then-Opposition leader Aung San Suu Kyi called on the country to decriminalise homosexuality, stating that it was hampering efforts to combat HIV in Myanmar. This was seen as a victory by the Committee for Lesbigay Rights in Burma, although such a change was considered unlikely to occur given the prevailing political climate against change. In 2001, an exile group, the All Burma Students' Democratic Front, voted to have the law repealed. Alongside fines, the prescribed punishment is up to 20 years, although the law has not been strictly enforced. Section 377 of the Penal Code prohibits sodomy, whether heterosexual or homosexual. 2 Recognition of same-sex relationships.Nevertheless, LGBT activists have noted a growing climate of societal acceptance and tolerance toward LGBT people, in line with worldwide trends.
Despite the 2015 electoral victory of the National League for Democracy, which promised improved human rights and whose leader Aung San Suu Kyi had once called for the decriminalisation of homosexuality, there have been no changes to anti-LGBT laws. Following the 2011–2015 Myanmar political reforms, improvements in media and civil freedoms have allowed LGBT people to gain more visibility and support in the country. ĭuring the country's long military dictatorship under the authoritarian State Peace and Development Council, it was difficult to obtain accurate information about the legal or social status of LGBT Burmese citizens. Vigilante attacks, torture and vigilante executions also occur. Transgender people are subject to police harassment and sexual assault, and their gender identity is not recognised by the state. Heterosexual anal intercourse and oral sex are also illegal. Same-sex sexual activity is illegal and section 377 of Myanmar's Penal Code 1861 subjects same-sex sexual acts (regardless of whether they were consensual or done in private) to a term of imprisonment of up to 20 years in prison. Lesbian, gay, bisexual, and transgender (LGBT) rights in Myanmar are subject to official persecution and discrimination, with LGBT people facing legal and social challenges not experienced by others. Up to 20 years with fines beatings, vigilante attacks and torture and vigilante executions