Bhutan's parliament has passed a bill which decriminalises same-sex relations, Reuters reported.

On Dec. 10, a joint sitting of both houses of parliament in Bhutan saw 63 of its 69 total members vote in favour of amending Sections 213 and 214 of the country's penal code on "unnatural sex", with the remaining six members absent.

According to the Associated Press (AP), the amendment entails changing these two sections to clarify that "homosexuality between two adults shall not be considered unnatural sex."

The amendments now require the approval of Bhutan's King in order to become law.

Prior to amendment, homosexuality had been classified as a petty misdemeanour which carried an imprisonment term of between a month to a year, Bhutanese media Kuensel further reported.

Wasn't Bhutan's parliament already moving to decriminalise homosexuality in 2019?

Previously in Jun. 2019, it was only Bhutan's lower house of parliament, the National Assembly, that voted in favour of scrapping Sections 213 and 214 of the country's penal code.

The proposal to repeal these two sections had been submitted by Finance Minister of Bhutan, Lyonpo Namgay Tshering, on the grounds that the laws had not been enforced.

The bill was then sent on to the Upper House of parliament, the National Council, in early 2020, according to The Diplomat.

However, a post by local media Bhutan Broadcasting Service (BBS) at that time revealed that Bhutan's Legislative Committee of the National Council had also proposed not to repeal the two sections.

"A defendant shall be guilty of the offence of unnatural sex, if the defendant commits sexual conduct that is against the order of nature. However, any consensual sexual conduct that is against the order of nature committed in private between any adult human beings shall not be considered unnatural sex.”

LGBT activists rejoice

The move to decriminalise same-sex relations has been received positively by LGBT activists in the country,.

A Bhutanese activist, Tashi Tsheten, has hailed the move as a "victory" for the LGBT community, and was further quoted by AP as stating:

"I haven’t stopped smiling since yesterday. I am eagerly awaiting His Majesty’s assent."

Tsheten, who leads one of Bhutan's most prominent LGBT+ groups, added, according to Reuters:

"I believe everyone who has stood up for the LGBT+ community in Bhutan is going to celebrate today as this is our victory."

Bill to decriminalise homosexuality also included harsher penalties for rape

Kuensel highlighted that the bill to decriminalise homosexuality also included harsher penalties for rape.

A total of eight clauses on rape were amended to include penalties such as life imprisonment for a suspect charged with statutory rape, if they are in a position of trust or authority towards a child, or have a relationship of dependency with the child, or if have an exploitative relationship with the child.

As such, the debate on the bill also saw members discuss whether harsher penalties will result in a drop in such crimes, with several lawmakers arguing that such a move was justified to better protect women and children.

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