The history of sexual minorities in Sri Lanka covered in this article dates back to a couple of centuries before the start of the Vikram Samvat era (300 BCE), although it is highly likely that archaeology predating this period exists. There are virtually zero historical records of sexual minorities in the Latin script dating prior to colonialism. [1] The concept of Sri Lanka did not exist prior to colonialism, and the term 'lanka' translates to 'island'.
The traditional legal codes of Lanka did not criminalise, or actively discriminate against, sexual minorities. [1] It is believed that gender stereotypes were less important and more blurred during this era., with sexuality being more expressive (sexual sculptures similar to those found at Hindu temples in India can be found on temples in Sri Lanka). [2] [3]
The concept of sexual minorities was widely known in the prevailing Hindu culture by the time Gautama Buddha founded his philosophies. The monastic disciplines of the island explicitly contained homosexual sex alongside a variety of prohibitions against heterosexual sex, and it explicitly stated that these rules were only to be applied to monks, and not the common people. It is notable that masturbation is not considered a serious offense by the order. [4]
A sexual non-conformist is stated as being Pandaka. These people were discriminated against in the sense that they were not allowed to be ordained as a monk. It has been thought that these people are hermaphrodites or eunuchs, though a modern concept found on the island called nachchis might also be the best translation - referring to effeminate homosexuals who engage in sex work. [4] [5]
Sri Lanka has the longest unbroken history of adhering to Buddhism. In the 5th century of the Christian calendar, the monk Buddhaghosa attempted to explain Pandakas in his scriptures, to the Buddhist lay people. Other records simply stay silent on the subject. For example, the Upāsakajanalankara, a guide for common people written in the 14th century of the Christian calendar discusses sexual misconduct in depth but makes no mention of homosexual sex. [1]
A number of same-sex relationships were discussed in a variety of poems and literature, such as the literature of Culavamsa; however, these do not venture into deep eroticism and can also be viewed as a very intense "bromance". [1]
The Buddhism followed in Sri Lanka does not hold the view that sexual minorities would have been discriminated through the philosophies forwarded by the Buddha. Homosexuality is not specifically targeted in the Buddhist scriptures that are followed on the island and it is thought that this is because Buddhism did not view homosexuality as a topic of concern. [6]
The Tripitaka does, however, contain passing references to homosexuality and transsexuality. For example, homosexuality is found in a case of a monk, called Wakkali, who became a monk due to his intense attraction towards Buddha, or transsexuality in a case of a man who converted to a woman and married another man. We also find a case where a novice monk masturbated to a high ordained monk. [6]
Buddhism in Sri Lanka mostly focuses on sex on a non-discriminatory basis. It holds the view that sex and sexual thoughts are a hindrance in general to follow the path towards Nibbhana, pre-marital sex is considered immoral. However, it does accept post-marital sex and considers it as an obligation between married couples. This is reflected in modern-day discussion about sex, including discussion on same-sex relations. The monastic rules state that monks should be celibate, but note that these rules do not extend to the lay people. [6]
Ground views shares the opinion that Sri Lanka without colonial influences would have probably held a similar culture to that of Thailand. [6]
With the colonial expansion of European empires to the island, also came missionaries from the European church. [1] Dutch traveler Johan Stavorinus reported that male homosexuality "is not only universal in practice among them, but extends to a bestial communication with brutes, and in particular with sheep". [7]
An observer in the 16th century, most likely a priest from the European church of ethnic European descent, claimed that “the sin of sodomy is so prevalent... that it makes us very afraid to live there. And if one of the principle men of the kingdom is questioned about if they are not ashamed to do such a thing as ugly and dirty, to this they respond that they do everything that they see the king doing, because that is the custom among them.” [1]
Englishman John Knox, who by this time had lived in the country for twenty years, wrote about the King of Kandy: “Most of his Attendants are Boyes, and Young Men, that are well favoured, and of good Parentage. For the supplying himself with these, he gives order to his Dissava's or Governors of the countries to pick and choose out Boyes, that are comely and of good Descent, and send them to the Court. These boyes go bare-headed with long hair hanging down their backs." [1]
Article 365 of the Penal Code criminalised homosexual sex between two men. [8] Despite the criminalisation of homosexual sex, the island remained largely free of witch-hunts or programs against LGBT, and was often considered to be a safe haven for Europeans fleeing homophobia back home; it is thought that the natives' views of homosexuality from Hinduism/Buddhism initially helped restrain homophobia to lower levels. [2]
Regardless of their sexuality, the men are expected to marry women in adulthood. [9]
Same-sex relations between two women were outlawed in 1995. Constitutional Affairs Minister G. L. Peiris at the time was trying to decriminalise homosexual relations between two men, but members of the parliament revolted against the proposal and, after realising that lesbians were not covered under the existing law, voted to expand the law to cover women as well. The law states that lesbian sex is punishable by up to twelve years in prison. [10]
The media at the time was mostly supportive of motions to support the lesbian community on the island according to Chinese news outlet, South China Morning Post. [10] This is however conflicted by a news report from the UK's BBC which stated that the Sri Lanka Press Council set aside a complaint against a homophobic letter published in a leading newspaper, stating that lesbianism was an "act of sadism". [11]
The island's LGBT community would meet up annually at a resort to celebrate homosexuality. [8] The rampant problem of child sex abuse in the Sangha is widely known, but many observers do not find evidence for it. [1]
The ethnic conflict on the island is often cited as a major reason why legal rights for sexual minorities did not progress with the same speed as other countries. Often, political parties that focused on moderation and the "middle path", emphasising the needs for human rights, would be sidelined in favour of political parties that supported extremist and nationalist politics. [12]
The European Union has recently proposed to use its elevated trade deal negotiations to ensure that human rights on the island would be protected. [13]
In November 2016, Sri Lanka voted against a plan to get rid of the UN Independent Expert on violence and discrimination based on sexual orientation and gender identity at the United Nations General Assembly. The push to get rid of the [UN] expert failed 84-77. Sri Lanka along with Kiribati were the only two countries, where homosexuality is still criminalised, who voted against the proposal. [14]
The conservative government later announced that the Constitution of Sri Lanka bans discrimination based on sexual orientation. It also updated its human rights action plan to advance further rights for LGBT. It was consequently followed by an announcement from the Supreme Court of Sri Lanka that it would not be able to enforce the criminal law Section 365A if a case was brought before it. [15]
In January 2017, cabinet members of the Sri Lankan Government rejected the chance to legalise homosexuality. [16] But in November, Deputy Solicitor General Nerin Pulle stated that the government would move to decriminalise same-sex sexual activity. [17]
In 2023, a report reveals the mayority of 69% of population opposed same-sex unions' legalization, with a 60% strongly opposed it. [18]
Date | Event | Reference |
---|---|---|
500 BC | Sculptures on temples that depict sexuality and same-sex acts. | [19] |
[600 BC to] 100 BC | The Pali canon is written largely in Sri Lanka and partially in India, inscribing the words of Gautama Buddha staying that sexual relations, whether of homosexual or of heterosexual nature, is forbidden in the monastic code, and states that any acts of soft homosexual sex (such as masturbation and interfumeral sex) does not entail a punishment but must be confessed to the monastery. These codes apply to monks only and not to the general population. | [20] [21] |
400 | Buddhaghosa, a monk in Anurādhapura, Sri Lanka, wrote about sexual minorities. Among the writings, he wrote that panadas "are full of defiling passions (ussanakilesa); their lusts are unquenchable (avupasantaparilaha); and they are dominated by their libido (parilahavegabhibhuta) and the desire for lovers just like prostitutes (vesiya) and coarse young girls (thulakumarika)" | . [22] [23] |
500 | The Mahawansa describes an intimate relationship between King Kumaradasa and poet Kalidasa | [24] |
600 | Some "intense" same-sex relationships, such as that between Prince Manavamma and King Narasiha, is recorded in the Cullavamsa | [25] |
700 | The Nalanda Gedige is built depicting statues engaged in numerous actions of sex including a homosexual threesome. | [26] |
1300 | The Upāsakajanalankara, a text written by monks on the island aimed at lay people, discusses sexual misconduct but makes no mention of homosexuality | . [27] |
Date | Event | Reference |
---|---|---|
1547-Nov | Joao de Casto of Portugal describes homosexual activity on the island | [28] |
1798 | Dutch traveller Johan Stavorinus describes homosexuality in the "East Indies" which included his travels to Ceylon. | [7] |
1886 | The Penal Code of Sri Lanka criminalises homosexual sex in Sri Lanka under Section 365 and Section 365A. | [29] |
Date | Event | Reference |
---|---|---|
1995 | Parliament expands Section 365 to include lesbians | [30] [31] |
Companions on a Journey organises the first all-island lesbian meeting | . [10] | |
2004 | Activists found the charitable organisation Equal Ground | . [32] |
2005 | Equal Ground organizes the first gay pride event in Colombo | . [33] |
2007 | The Supreme Court of Nepal states that criminalising homosexual sex is against the Constitution of Nepal | . [34] |
2009 | The Swedish International Development Agency forms a collation of activists and charities to support sexual minorities in Sri Lanka | . [35] |
The High Court of Delhi supports the Naz Foundation's efforts to decriminalise gay sex | . [36] | |
2013 | Norway assigns an open lesbian as its ambassador to Sri Lanka | . [37] |
The Commonwealth Head of Human Rights announces reliable reports reveal several LGBT activists were threatened with arrest and condemned the Government for harassment of the LGBT community | [38] | |
2014 | The Government of Sri Lanka states that LGBT rights are constitutionally protected | [39] |
An LGBT film festival in Kolkata screens movies from Sri Lanka. | [40] | |
2015 | The leader of the far-left Communist-Marxist party in Sri Lanka states he is opposed to granting LGBT rights | [41] |
2016 | The government holds a conference on reforming the constitution in order to advance LGBT rights | . [42] |
Dr Jayampathy Wickramaratne, a parliamentary lawmaker with the UNP, attends the 2016 ILGA World Conference in support of the LGBT community | . [43] | |
The influential Buddhist chapter, Asgiriya Chapter, the custodian of the sacred tooth relic of Buddha, came out in support of extending rights to LGBT, including support to amend the constitution. | [44] | |
2017 | The approved draft of the National Human Rights Action Plan omitted the inclusion of repelling the law criminalising homosexual sex. | [45] |
The government stated that it was committed to ensuring non-discrimination on the grounds of sexual orientation and gender identity, including law reform. | [45] | |
2018 | The Supreme Court of India states that criminalising homosexual sex is against the Constitution of India. | [46] [47] |
Colombo Pride Month is held in June. | [48] | |
The President of Sri Lanka used a homophobic slur in a speech to his party's followers to describe the other half of the former collation government. [48] The government however claimed that he did not refer to the LGBT community. [49] | [48] [49] |
The relationship between religion and homosexuality has varied greatly across time and place, within and between different religions and denominations, with regard to different forms of homosexuality and bisexuality. The present-day doctrines of the world's major religions and their denominations differ in their attitudes toward these sexual orientations. Adherence to anti-gay religious beliefs and communities is correlated with the prevalence of emotional distress and suicidality in sexual minority individuals, and is a primary motivation for seeking conversion therapy.
The relationship between Buddhism and sexual orientation varies by tradition and teacher. According to some scholars, early Buddhism appears to have placed no special stigma on homosexual relations, since the subject was not mentioned.
Homosexuality in India is socially permitted by most of the traditional native philosophies of the nation, and legal rights continue to be advanced in mainstream politics and regional politics. Homosexual cohabitation is also legally permitted and comes with some legal protections and rights.
A sexual minority is a demographic whose sexual identity, orientation or practices differ from the majority of the surrounding society. Primarily used to refer to lesbian, gay, bisexual, or non-heterosexual individuals, it can also refer to transgender, non-binary or intersex individuals.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Cambodia face legal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is legal in Cambodia, it provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity.
Human rights in Sri Lanka provides for fundamental rights in the country. The Sri Lanka Constitution states that every person is entitled to freedom of thought, conscience and religion, including the freedom to have or to adopt a religion or belief of his choice. And, that every person is equal before the law.
Lesbian, gay, bisexual, transgender and queer (LGBTQ+)-affirming religious groups are religious groups that welcome LGBT people as their members, do not consider homosexuality as a sin or negative, and affirm LGBT rights and relationships. They include entire religious denominations, as well as individual congregations and places of worship. Some groups are mainly composed of non-LGBTQ+ members and they also have specific programs to welcome LGBTQ+ people into them, while other groups are mainly composed of LGBTQ+ members.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Virgin Islands face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in the British Virgin Islands since 2001.
Lesbian, gay, bisexual, and transgender (LGBT) people in Malaysia face severe challenges not experienced by non-LGBT residents. Sodomy is a crime in the country, with laws enforced arbitrarily. Extrajudicial murders of LGBT people have also occurred in the country. There are no Malaysian laws that protect the LGBT community against discrimination and hate crimes. As such, the LGBT demographic in the country are hard to ascertain due to widespread fears from being ostracised and prosecuted, including violence.
Article 365 of the Sri Lankan Penal Code, which dates from the time of colonial British Ceylon, criminalizes sexual acts deemed "against the order of nature". The Supreme Court of Sri Lanka has ruled favourably for decriminalization and has agreed that any imposition of penalties are incompatible with the current times, but does not have the authority to invalidate laws, acts, or governmental actions even if they are incompatible with a higher morality. A bill aimed at decriminalization was submitted to parliament in August 2022 has been given the support of the ruling government. Furthermore both major parties from across the political spectrum have generally expressed support for homosexuality.
This article focuses on Japanese definitions of gender and sexuality, Japanese reactions to queer life, the clash between traditional and contemporary ideas, and the cultural restraints of being queer in Japan. The Western term “queer,” an umbrella term for lesbian, gay, bisexual, and transgender (LGBT) represents a change in thought pertaining to gender and sexuality in contemporary Japan.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Montserrat face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Montserrat since 2001.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in the Tibet encounter specific legal and social challenges not faced by non-LGBT residents. The Tibetan Plateau, spanning areas under the sovereignty of both the People's Republic of China and the Republic of India, has variations in the legal treatment of LGBT individuals between these nations. Since 1997 in China and 2018 in India, all forms of same-sex sexual activities were legalised. However, in both nations, same-sex couples lack the rights to marry or adopt children, and there is no provision for common law marriages, same-sex marriage, civil unions, or issue partnership certificates.
The majority of the countries of the Commonwealth of Nations, formerly known as the British Commonwealth, still criminalise sexual acts between consenting adults of the same sex and other forms of sexual orientation, gender identity and expression. Homosexual activity remains a criminal offence in 29 of the 56 sovereign states of the Commonwealth; and legal in only 26.
Tamil sexual minorities are Tamil people who do not conform to heterosexual gender norms. They may identify as LGBTQIA. It has been estimated that India has a population of 2.5 million homosexuals, though not all of them are Tamil, and not all Tamils live in India.
Sexual minorities in Sri Lanka have been counted in recent times as consisting of as little as 0.035% of the population to as high as 19.6%. It is likely that there are around 1,100,000 according to current mapping conventions.
Homosexuality in Sri Lanka has been documented since ancient times. Since the 17th century, homosexual intercourse has de jure prohibited through the Penal Code first implemented under the colonialism, but human rights organizations write that arrests are rare and prosecutions only relate to non-consensual sex and prostitution.
Article 365 of the Sri Lankan Penal Code criminalizes "carnal intercourse against the order of nature" and provides for a penalty of up to ten years in prison.
The third gendered in Sri Lanka is not as openly discussed as in other parts of South Asia. Though a strong tradition of transgender people exists in Sri Lanka, and even though these people have been allowed to convert for a long period, third gendered people have mostly avoided mainstream discussion on the island. Several reports state that the concept of a third gender is not found on the island, but binary concepts are found that are similar to the third gender.
Lesbianism in Sri Lanka was legal until 1995 when the article prohibiting homosexual sex was expanded to cover homosexual sex conducted between women. Lesbians have historically faced challenges relating to the sexual discrimination against women as well as the homophobia and discrimination against sexual minorities, although Sri Lanka itself is often considered a leader for women's rights in South Asia.
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