Maldives

Under Section 411(a2) of the Penal Code of the Maldives (2014), the Maldives criminalizes anyone who engages in sexual intercourse with a person of the same sex. Depending on the offense, same-sex intimacy can be classified from a Class 1 misdemeanor to a Class 3 felony, punished with six months to eight years of imprisonment, and a potential additional penalty of 100 lashes. Section 412(c) outlaws “unlawful sexual contact” with a person of the same sex, which encompasses any act not included in Section 411(a2). Additionally, Section 410(a8) considers the union of two persons of the same sex as unlawful, classifying it as a Class 1 misdemeanor. 

Such laws have exacerbated anti-LGBTIQ attitudes, putting people of queer experience at higher risk of blackmail, extortion, harassment, and political manipulation. In 2022, crackdowns on men accused of homosexuality, potentially aimed at appeasing extremist religious groups, not only led to the arrest of four men and the investigation of dozens of others but also demonstrated the “arbitrary nature of these discriminatory laws” and how they can be used as a political tool where those prosecuted end up paying a hefty price. LGBTIQ activists face challenges and obstacles in their work, as well as harassment and threats of violence by extremist groups, especially on social media platforms. 

In the Maldives, the legal system is heavily influenced by Shariah, and the constitution requires that all laws and regulations adhere to Islamic principles. This has implications for legal protections for queer people, and there is no law banning discrimination on the grounds of sexual orientation, gender identity, gender expressions, or sex characteristics. Trans people are not allowed to change their legal gender markers, and nonconsensual medical interventions on intersex children are not prohibited.

There is no legally registered LGBTIQ community organization in the Maldives. Due to legal restrictions on same-sex relations and conservative social attitudes, it is almost impossible to engage openly in LGBTIQ advocacy in the country. However, some informal groups, mostly online-based, exist. Locals who express support for sexual and gender minorities on social media have reported online harassment.