Gay Travel Advisory

Bhutan

Penal Code from 2004

Sources
  1. Text of the law is available at: https://www.oecd.org/site/adboecdanti-corruptioninitiative/46814108.pdf

Legal Code Text

Chapter 14, Section 213 - “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.”

Chapter 14, Section 214 - “The offence of unnatural sex shall be a petty misdemeanour.”

Chapter 2, Section 3 - “For the purpose of this Penal Code, the classes of crimes shall be as follows: [...] A crime shall be petty misdemeanour, if it is so designated in this Penal Code or other laws and provides for a maximum term of imprisonment of less than one year and a minimum term of one month for the convicted defendant.”

ILGA Analysis & Notes

In its 1st cycle UPR in late-2009, the representative of Bhutan had claimed, “[h]owever, I wish to share that the provisions concerning unnatural acts in the Penal Code of Bhutan have never since its enactment been evoked for acts between two consenting adults of the same sex. The provisions can be revised when there is felt need and desire from our people”. There appears to have been no reference to this or related matters in its 2nd cycle UPR in 2014. Bhutan did not accept any of the four recommendations to decriminalise same-sex sexual behavour in its 2nd cycle UPR in April 2014. Bhutan’s next review is in January 2019.