Asia has both some of the harshest and most progressive LGBTQ laws in the world. To protect their citizens, local groups are trying to turn the former into the latter. Here's what you need to know
Can you be fired for being gay? Can you be jailed for it? Or lashed for it? Or can you prosecute someone for making a homophobic slur or treating you like a second-class citizen? The answers to these questions depend entirely on the country you live in—and the laws that have been put in place by the government of each individual state to either help or hinder the LGBTQ community.
While cultural and societal attitudes towards equality are undeniably important—see the current global debate over teaching children about same-sex relationships in schools—LBGTQ people can only flourish in places where the law allows them to do so.
Paradigm shifts occur in these moments. “We have to bid adieu to prejudices and empower all citizens,” said Dipak Misra, the Chief Justice of India’s Supreme Court when homosexuality was decriminalised in September 2018 for the first time in the country’s history. It was a powerful moment for India’s LGBTQ community, and while local culture still needs to catch up, legalising same-sex activity allows pressure groups to be far more vocal about advocating for equal rights in the workplace or education.
Asia in general lags behind Europe, North America and even parts of Africa when it comes to progressive LGBTQ laws. Taiwan legalised gay marriage last year, and parliaments in countries including Japan, China and South Korea have begun looking into the process. Hong Kong courts are slowly chipping away at same-sex marriage benefits through the courts, and Thailand is on track to legalise same-sex civil partnerships.
"I think marriage equality is still one of the forefront issues when it comes to LBGT rights," says Kanachai Bencharongkul, a Bangkok-based photographer and LGBTQ campaigner, who has also shown his work in art and photography exhibitions such as Woof Pack's Kaleidoscope, which raises money and awareness for the gay community. "As we just saw the legal change in Taiwan, I hope that many other countries in Asia, including Thailand, will follow. Having said that, I think we are still luckier than a lot of other countries such as Russia or Iran where people are still facing horrendous punishments or charges for being gay. So I'm hoping that the more message we spread and the more political rights we push for the LGBTQ community, the sooner we will get to live in equality where everyone is treated equally."
From marriage equality in Taiwan to the right of same-sex couples to immigrate to Hong Kong, each win has been brought about by brave individuals and stubborn LBGTQ groups—but on the other end of the scale, in countries such as Singapore, same sex activity remains illegal. And as a result, protest is both more dangerous, and more important.