The Himalayan state of Bhutan has become the latest country in the world to move formally to decriminalise homosexual acts.

According to Reuters, the move was made on June 7, when Bhutan's lower house of parliament, the National Assembly, voted in favour of scrapping Sections 213 and 214 of the country's penal code 43-1, which criminalises sodomy and sexual conduct that is “against the order of nature”.

The move was welcomed by LGBT activists in the country who stated that the government had worked with them on issues facing the community.

Tashi Tsheten, the director of LGBT activist group Rainbow Bhutan, told Reuters:

"The biggest advantage we have with our current government is that they have already worked with us and they are well aware of our issue. This is our first journey towards equality."

Finance Minister proposed repeal of laws

Local media The Bhutanese reported that the removal of Sections 213 and 214 had not been part of the original amendment of the penal code when it was first introduced in parliament by the Legislative Assembly on May 29.

This changed, however, when the Finance Minister of Bhutan, Lyonpo Namgay Tshering, stood up during discussions to propose that the amendment include the removal of Section 213, and by extension, Section 214, so as to keep up with the times.

"My primary reason is that this section is there since 2004 but it has become so redundant and has never been enforced."

He further added that while he was not trying to encourage homosexuality, having the law still in force is also an "eyesore for international human rights bodies."

Tshering also referenced the decriminalisation of "carnal intercourse" in India and the legalisation of same-sex marriage in Taiwan to make his case.

The Legislative Committee subsequently took Tshering's suggestion into account and requested that he formally submit his comments in writing, which he did by June 3.

What do the laws entail?

Both Sections 213 and 214 criminalise "unnatural sex", which includes the act of sodomy.

Under Section 213, the penal code states:

"‘A defendant shall be guilty of the offence of unnatural sex, if the defendant engages in sodomy or any other sexual conduct that is against the order of nature."

The punishment for such an offence is then defined in Section 214, which is as follows:

"The offence of unnatural sex shall be a petty misdemeanor."

What comes next?

According to The Bhutanese, the Bill must now go Bhutan's Upper House, the National Council, where it will require 13 out of 25 votes to be ratified as law.

The next phase for the Bill is to go to the Upper House or the National Council in another six months where it will require 13 of the 25 votes before it can become law.

— The Bhutanese (@thebhutanese) June 8, 2019

CNA further reported that the National Council is expected to vote on the issue on June 10.

Tshering has since expressed his confidence that the vote to repeal the two sections would pass.

He said:

"There is a high degree of acceptability of the LGBT community in our society."

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