The legal framework for LGBTQ+ individuals varies significantly across South Asia. Bangladesh still criminalises same-sex conduct under section 377 of the Penal Code. India decriminalised in 2018 (Navtej Singh Johar) but social persecution and family violence continue. Sri Lanka retains criminalisation. Nepal has made limited progressive steps but practical protection remains limited.
Expert witnesses provide country-specific analysis of both legal framework and social reality, applying the HJ (Iran) standard to assess whether openly living as LGBTQ+ would create a real risk even in the absence of criminalisation.
Family honour violence, community ostracism, and employment discrimination remain serious risks for LGBTQ+ individuals across South Asia. Expert witnesses assess the specific social context, family dynamics, and regional attitudes relevant to each appellant's claim.
Post-decriminalisation India claims
India decriminalised same-sex conduct in 2018 (Navtej Singh Johar), but social persecution, family honour violence, and employment discrimination continue. Expert witnesses apply the HJ (Iran) standard to assess real risk despite legal decriminalisation.
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Frequently Asked Questions
How does LGBTQ+ persecution from South Asia differ country by country?
The legal framework varies significantly: Bangladesh still criminalises same-sex conduct (s377 PPC); India decriminalised in 2018 (Navtej Singh Johar) but social persecution and family violence continue; Sri Lanka retains criminalisation; Nepal has made limited progressive steps. Expert witnesses provide country-specific analysis of both legal framework and social reality.
Can LGBTQ+ claimants from India asylum succeed post-2018 decriminalisation?
Yes. Decriminalisation does not eliminate persecution. Family honour violence, community ostracism, and employment discrimination remain serious risks for LGBTQ+ individuals in India. Expert witnesses apply the HJ (Iran) standard to assess whether openly living as LGBTQ+ would create a real risk even in the absence of criminalisation.