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Offences under these provisions allow for sentences of imprisonment, fines and deportation. Individuals are able to change their legal gender in a limited range of circumstances that are assessed as being in accordance with Islamic understandings of sex and gender as transmitted by Sunni fiqh. The state offers no protection from discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics. LGBT individuals face entrenched social stigma. Same-sex activity was illegal in Bahrain while it was British Protectorate.
A new Penal Code enacted in removed any laws prohibiting consensual acts between adults regardless of gender. Homosexual acts were first criminalised in Bahrain as " sodomy " while it was a protectorate of the British. Similar laws were imposed throughout the British Empire in nearly all of its colonies; these were mostly modelled on the original Section , introduced in India by the Raj. Although no law explicitly criminalizes same-sex relations, authorities have used vague penal code provisions against "indecency" and "immorality" to target sexual and gender minorities.
There is no law that prohibits discrimination on the grounds of gender identity or sexual orientation. Attempts have been made to restrict the rights of LGBT individuals, however none have gone through. In October , members of parliament proposed a bill to amend the penal code; this would include renaming one of its chapters "Debauchery, Prostitution, and Perversion", [ 2 ] and the addition of two articles criminalizing "[raising] a flag, slogan, or any sign symbolizing homosexuals", "[promoting] the ideas and beliefs of homosexuals" and "[inviting, organizing or attending] any gathering or meeting of homosexuals", punishable by up to 5 years' imprisonment and a fine of 3,, dinars.
According to an interview conducted by Ibraheem Al-Nahham for Al-Bilad Newspaper , Bahraini lawyer Fareed Ghazi stated that Bahraini law criminalizes same-sex relationships outside the framework of traditional Islamic marriage. This reflects a broader pattern in some Islamic societies, where new scientific and technological developments, such as the internet, have faced resistance or controversy. Penalties for convictions under the morality or indecency provisions are prison sentences ranging from 3 months to 2 years, fines of up to Bahraini dinars , deportation for non-Bahrainis, or a combination.
