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Amir Hossein Zolghadri

In this article, we find where the criminalization of same-sex relationships began, what effects it has had on society and power, and where it may end.

During the Qajar era, there was no news of crime!

About one hundred years ago, during the reign of Naser al-Din Shah Qajar, the first police department was established by the order of the Shah and as a result of his three trips to Europe. An Italian officer, Count Demot Froto, was appointed as its head. In 1296 AH, he wrote a 24-page booklet which consisted of 58 articles and was implemented as the first criminal law by the order of Naser al-Din Shah.

The Kent Law addresses offenses against chastity in three articles, and in these three articles (13-15), it determines the punishment for the perpetrator, with a focus on the individual who commits the offense. However, these articles only address prohibited sexual relations between two individuals of opposite sexes and make no mention of homosexuality or sodomy. As laws in any society reflect the concerns of its people, one of the conclusions that can be drawn is that at that time, people did not have any concerns about same-sex relationships.

Although the laws of the country, while being more in line with the French intellectual laws, may not fully conform with the society of Iran, by examining the society of that time, we can see that homosexual relationships, especially between two men, were visibly present in society, particularly among merchants, soldiers, teachers and students, merchants, and even members of the court. However, due to the prohibition of such relationships in Islamic law, it is possible that the thoughts of all people in this regard were not in harmony with each other.

The beginning of a new kingdom and the criminalization of sodomy in the new law.

One year after Reza Khan becomes Reza Shah and takes the throne, homosexuality is declared a crime for the first time in Iran’s laws, which were heavily influenced by traditional customs and religion. The punishment for committing homosexuality is execution. In 1312, this punishment is reduced to three to ten years of imprisonment.

From article 207 of this law, it can be inferred that the unintended relationship between two individuals of the same sex could be subject to legal prosecution. For example, if a teacher or someone in a position of authority had a relationship with a victim, or if the victim was under their control and influence, they could be subject to severe punishment. In another example, a person could be punished for having a relationship with someone under the age of 18, or with someone who has mental or physical disabilities and is unable to defend themselves.

Of course, in the following materials we can find that even Russian men and those who provided or promoted the platform for obscenity could have been punished.

However, the situation of the courtiers during the Pahlavi era was better than what it has been since the 1957 revolution, and even as the end of this monarchy approached, the situation improved and some of the courtiers found their way to the court and even held important positions.

Furthermore, among intellectuals and artists, there were more people who openly expressed themselves or at least revealed their true selves to a select group of friends. They were not lacking in recreational centers that had become their hangouts, such as Club Rasht 29, Yas Restaurant in Hilton Hotel, or Zamrud Kabareh. But with the start of the revolution, everything changed.

The revolution that takes life from the ordinary.

The 1957 revolution, like a strong wind, changed the political and social conditions of Iran, and as a result of these changes, the only interpretation of Shia Twelver law is the one that decides whether an action is considered a crime or not.

At the beginning of the story, the government executed a large number of people under the title of “corruption on earth” through revolutionary courts, which could be applied to any action. However, in a report published by Amnesty International on February 1, 1980, about the events that took place in the first seven months after the revolution, four people were specifically executed for homosexuality and three others for both homosexuality and adultery. However, finding the exact number of people who have been executed solely for homosexuality from those years until now is not an easy task; although finding information that indicates the taking of lives from individuals for this reason is not completely out of reach.

However, the Islamic Penal Code, which was approved in 1370 (1991) and confirmed by the Expediency Council, did not have any change in position regarding the religious beliefs at the beginning of the revolution regarding the criminality of same-sex relationships.

Of course, it should be mentioned that the Islamic Penal Code has been amended several times during different years until 1392 (2013-2014) and has been renewed several times, but there is still no difference between consensual same-sex relationships and rape, and both are considered crimes. For some sexual behaviors between same-sex individuals, such as sodomy or repeated sexual intercourse, the punishment of execution is considered, which can be found in the Islamic Penal Code, Book Two – Hudud, Chapter Two of the Second Section, along with its footnotes.

However, Mr. Sadegh Amoli Larijani, the head of the judiciary, said in a meeting with elites and members of the academic community of universities in Lorestan province in late 1393, “One of the criticisms that human rights activists make against Iran is that Iran has banned homosexuality and they have claimed that Iran has even executed them, while we have not executed even those who are inclined towards this issue.”

Although it is possible to mention the executions that have taken place in recent years and have been reported by the media, other than the text of the Islamic Penal Code, in response to Mr. Larijani’s statements. For example, the controversial execution of two teenagers in Mashhad named Mahmoud Asgari and Ayaz Marhoni in 2005, or the report by Kayhan newspaper in November of the same year about the execution of two men named Mokhtar.n and Ali.alif in Gorgan, as well as the report by the human rights watchdog about the separate executions of three teenagers named Mohsen.g from Shiraz, Mehdi.p from Tabriz, and Ne’mat Safavi from Ardabil. Of course, there are many examples like these and their traces can still be found after ninety years; for example, the ISNA report in June 2011 about the execution of three people in Ahvaz for committing sodomy, or the report by the

However, despite Mr. Larijani’s statements and the decrease in the number of executions due to same-sex relationships compared to the early days of the revolution, it can be found that the Islamic Republic has lost some of its self-confidence in terms of harassment, persecution, and taking away the right to life from others.

What are the ways in front of Iranian politicians and rulers?!

Talking about the future may be difficult, but it is certain that society and the world of politics in Iran and the world have undergone many changes from the Qajar era until now. Therefore, it seems that the Islamic Republic has three ways to protect its interests. The first way is to respect the right to life, the right to access to health and treatment, the right to non-discrimination, the right to privacy, the right to peaceful assembly, the right to freedom of belief, expression and information, and the right to be protected from torture and other cruel, inhuman or degrading treatment or punishments as part of Iranian citizens.

The second way is to have a cyclical and multi-faceted behavior in relation to internal and external changes towards others, and the last way is to ignore or forget the two main international treaties on human rights; namely the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, of which Iran is a signatory. If the last way is chosen, it is likely that Iran will become more isolated than before.