Homosexuality in Sri Lanka

Last updated

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 (as in India after the legalisation of homosexuality).

Contents

LGBT flag map of Sri Lanka.svg

There is substantial evidence that homosexuality was abundant in ancient society, and various artworks and literary works attest to the tolerant and even supportive attitudes of the people of the island towards those engaged in homosexual acts. Discrimination against homosexuality was largely imported from the western world through Christian-affiliated morality during European colonialism, starting with Portuguese colonialism and culminating in the 17th century Penal Code, virtually identical to the Indian Penal Code of the British Empire. [1] [2] [3]

A number of laws de jure prohibit various homosexuality-related activities, though these are viewed as being unimplemented for consensual homosexuality. There are efforts currently underway in the judiciary and parliament to overturn these laws, and there has been positive support from both the judiciary and political establishment.

A 2021 study found that 1,469,574 identified as LGBTQ, with the vast majority being of homosexual or bisexual nature, and younger age cohorts being more likely to identify as homosexual in comparison to older generations. [4]

Demographics

A 2021 study found that 1,469,574 identified as LGBTQ, with the vast majority being of homosexual or bisexual nature, and younger age cohorts being more likely to identify as homosexual in comparison to older generations. [4]

Politics

Sri Lanka has numerous laws that prohibit homosexual activities and provides minimal protections, though human rights organisations largely state that these laws are not implemented for consensual sex.

Government

The main political parties of Sri Lanka have all stated their support for decriminalisation of homosexuality. The leading politicians of the main far-right, [5] [6] centre-right, [7] centre-left and far-left [8] parties have declared support for LGBTQ, as well as the main Tamil political party TNA, [6] though individual members of parliament still retain various views on the topic. The ruling governments have repeatedly stated that they wish to decriminalise homosexual intercourse, but have faced opposition from vocal lawmakers in parliament and the cabinet. [7] [9] The UNP has even been viewed as being run by "a decadent club of homosexuals", though this may not be viewed as homophobic due to the connotations of corruption based on "old boys club" ties rather than negative perceptions of homosexuality. [10]

In June 2024, the Parliament of Sri Lanka passed the Gender Equality Bill, but this was blocked by the Supreme Court of Sri Lanka on constitutional grounds due to allowing the possibility of same-sex marriage and liberal attitudes towards gender identity choice. It is likely that the parliament will challenge this ruling. [11] According to lawyers dealing with the government, the lack of an opposition argument due to a late filing meant that the Supreme Court ruled in favour of the appellants, and calls have been made by the government for the bill to be looked at again by the Court. [12]

Judiciary

The judiciary has been largely progressive on homosexuality, but lacks powers to reform law and should only implement the law as intended. Human rights organisations and NGOs have repeatedly stated that they do not know of any prosecutions for homosexual sex in recent times. A prosecution by a lower court from the early 2000s was taken to the Supreme Court and suspended with a token fine, with the court stating that though consensual sex should not be prohibited by law, it remains on the books nevertheless. In mid 2022 the Supreme Court also stated that decriminalization of homosexual intercourse would not be unconstitutional. [13]

However, in 2024, the Supreme Court of Sri Lanka blocked the Gender Equality Bill, which had been passed by parliament, on the basis that it was unconstitutional due to allowing the possibility of same-sex marriage and liberal attitudes towards gender identity choice. [11] Later in response the president referred to the more progressive moves made in previous years, questioning the logic of the Supreme Court. [14] According to lawyers dealing with the government, the lack of an opposition argument due to a late filing meant that the Supreme Court ruled in favour of the appellants, and calls have been made for the bill to be looked at again by the Court. [12]

Ombudsman

The Human Rights Commission of Sri Lanka has voiced support for homosexuality as well, saying that the law needs to be reformed. [15]

The Committee on the Elimination of Discrimination against Women (CEDAW) ruled that a petitioner's "rights had been violated by penal laws that criminalise consensual same-sex sexual relationships between women and that it also violated my rights to non-discrimination. The CEDAW also urged that I be protected from gender-based violence, allowed participation in public and political life, and entitled to equality before the law and family rights.” [12]

Religion

Religious organisations have taken various stances on the topic of homosexuality.

Buddhism

Buddhists organisations are taking multiple views on topics relating to homosexuality. The influential Buddhist chapter, Asgiriya Chapter, came out in support of extending rights to LGBT, including support to amend the constitution. [16] A monk based in Sri Lanka and Singapore stated that being homosexual in Buddhism is acceptable. [17] A literary novel about homosexual sex in the clergy, who are expected to be celibate, caused controversy leading to the arrest of the novelist on religious hatred laws. [18]

Others

The Catholic Church was reported as remaining silent in the discussions about homosexuality and the decriminalization of homosexual intercourse. [19] Muslim politicians have opposed legalising homosexuality.

Law

A Sri Lankan LGBTQ protester Jayanthi Kuru-Utumpala at RighstCon 2023.jpg
A Sri Lankan LGBTQ protester

Homosexual intercourse

The sections 365 and 365A proscribe that any unnatural offences or acts of gross indecency between persons should be punished with "rigorous imprisonment for a term not less than 10 years and not exceeding twenty years with a fine and compensation". [20]

Vagrants Ordinance

The section 07 of 1841 criminalizes soliciting and acts of indecency in public places, with a punishment of no more than six months and a fine of 100 rupees. [20]

History

There were no legal restrictions on homosexuality or transsexuality for the general population of the island prior to early modern period and colonialism, however certain dharmic moral codes forbade sexual misconduct (of both heterosexual and homosexual nature) among the upper class of priests and monks, and religious codes of foreign religions such as Christianity and Islam imposed homophobic rules on their populations. [21] [22] [23]

Monks in Sri Lanka Sri Lankan University Student Monks Protest (24477300716).jpg
Monks in Sri Lanka

Many philosophical works by Hindu scholars listed homosexual acts among equivalent heterosexual acts as sexual misconduct, though punishments for the homosexual acts were often less severe than those for the heterosexual acts. These works were not aimed at the lay people but rather for the class of monks and priests who were often expected to abstain from sexual activity. [24] [1] [2]

The concept of homosexuality was widely known in the prevailing Hindu culture by the time Buddhism was founded. The monastic discipline explicitly contained homosexual sex alongside a variety of prohibitions against heterosexual sex, and it also explicitly stated that these rules were to only be applied to monks and not the lay people. It is notable that homosexual masturbation is not considered a punishable offense by the order. [25]

Though homophobia was largely imported from the western world during the medieval period, it is highly likely that the north western fringes of the Indian subcontinent that are now part of Pakistan had socio-cultural norms heavily influenced by Zoroastrianism (from around 500BCE) and Islam (from around 700AD). In contrast large parts of the far south that are now part of South India and Sri Lanka did not have legal restrictions against homosexuality until the advent of European colonialism in the 1700s. [26] Colonialism from Europe also brought with it more centralized legal codes that imposed Christian-European morals that were homophobic in nature, including criminalizing sex between two people of the same gender, and criminalizing transsexuality. [27]

In the 21st century following independence, there has been a significant amount of progress made on liberalizing LGBTQ laws and reversing the legal homophobia and transphobia of the previous colonial era.

Ancient

One of the earliest references to homosexuality to come out of the island was through the Pali Cannon in 29 B.C, and was later translated into Chinese by the 4th century A.D. The redacted version that is widely used now was written in the 6th century A.D. [28] [29] According to the Australian Humanities Review, the Pali Canon contains examples of male homosexuality. The Pali Canon does indeed discuss a wide range of homosexuality, but unlike modern western cultural views, it also sometimes conflates homosexuality with cross-dressing and transsexuality. It lists numerous homosexual acts alongside heterosexual acts as prohibited for those that are part of the Sangha (monks) though makes a notable exception for masturbation and states it is not a punishable offence. [30]

The 5th century monk Buddhaghosa, a student of the Great Monastery (Mahāvihāra) at Anurādhapura, Sri Lanka, one of the most prestigious institutions of education in the Asia-Pacific at the time, attempted to explain what pandakas (a board term used to refer to homosexuals and third gendered people) was in his scriptures to Buddhist lay people. [23] [31]

The Upāsakajanalankara, a guide for lay people written in the 14th century of the Christian calendar, discusses sexual misconduct in depth but makes no mention of homosexual sex. [23]

The Tripitaka does, however, contain passing references to homosexuality and transsexuality. For example, homosexuality is found in the case of a monk, called Wakkali, who became a monk because he was so attracted to how handsome Buddha was. There is also a case where a novice monk masturbated to a high ordained monk. [32]

There is widespread evidence of same-sex cohabitation in the Kandyan kingdom (15th century to 19th century) due to tolerance of Ekageikama, though it is argued that this is not of a homosexual nature. [33] The Sinhalese generally did not take marriage seriously, and cohabitation was widespread with marriage being considered a by-product of successful cohabitation. Unmarried cohabitation became a punishable offence from the Dutch colonial period in 1580. [34]

Buddhism in Sri Lanka mostly focuses on sex on a non-discriminatory basis. It holds the view that sex is 'dirty' or 'immoral' and 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. [32]

Ground Views shares the opinion that Sri Lanka without colonial influences would have probably held a similar culture to that of Thailand. [32]

Colonial era

With the colonial expansion of European empires to the island, also came missionaries from the European church. [23]

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.”. [23]

Englishman John Knox, who by this time had lived in the country for twenty years and spoke fluent Sinhala, 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 countreys 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. Not that he is guilty of Sodomy, nor did I ever hear the Sin so much as mentioned among them.” It should, however, be noted that accusing someone of homosexuality would be degrading their character. [23]

Modern

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. [35]

Regardless of their sexuality, it is expected of the men to marry in adulthood. [36]

The European Union has recently proposed to use its elevated trade deal negotiations to ensure that human rights on the island would be protected. [37]

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. [38]

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. [39]

In January 2017, cabinet members of the Sri Lankan government rejected the chance to legalize homosexuality. [40] But in November, Deputy Solicitor General Nerin Pulle stated that the government would move to decriminalize same-sex sexual activity. [41]

Cohabitation

Homosexual cohabitation is not legally protected in Sri Lanka. The lack of recognition means that those in a homosexual cohabiting situation may not receive several benefits and protections that are otherwise afforded to heterosexual cohabitating couples, including domestic violence rights and adoption rights. [42]

The tourism industry in Sri Lanka caters for gay wedding ceremonies aimed at tourists, although this is still legally not recognised by the government, and exposure remains limited. [43] [44]

Andi Fein argued that prohibitions against homosexual marriage in Chinese Buddhism stem from Confucianism, and that studies of Buddhism and Hinduism in India and Sri Lanka show no such prohibitions existed there. [45] [46]

Wood carving of a gandharva, Thailand 016 Celestial Musician (9213070982).jpg
Wood carving of a gandharva, Thailand

There is widespread evidence of same-sex cohabitation in the Kandyan kingdom (15th century to 19th century) due to tolerance of Ekageikama, though it is argued that this is not of a homosexual nature. [33] The Sinhalese generally did not take marriage seriously, and cohabitation was widespread with marriage being considered a by-product of successful cohabitation. Unmarried cohabitation became a punishable offence from the Dutch colonial period in 1580. [34]

In Hinduism a marriage based on love is called a gandharva marriage. A Gandharva is a celestial being whose males are divine performers such as musicians and singers, and the females are divine dancers; Lanka Gandharva Sabha is the name of the organisation that wrote the national anthem of Sri Lanka. [47] Due to cultural values in western societies that ascribe the personality of the male gandharva as "feminine", some commentators have introduced the concept into LGBTQ circles, though there is no inclination that these were viewed as homosexual at the time. [48] Gandharvas are also part of the creation myth of Lanka. [49] And their residence has been mentioned as being in Lanka, although references to numerous parts of India can be found in Hindu literature. [50]

In 2023, a report reveals the majority of 69% of population opposed same-sex marriage's legalization, with a 60% strongly opposed it. [51] The Government of Sri Lanka has voiced support for the decriminalisation of homosexual intercourse, but fell short of supporting homosexual marriage. [52]

In 2024, the Supreme Court of Sri Lanka blocked the Gender Equality Bill, which had been passed by parliament, on the basis that it was unconstitutional due to allowing the possibility of same-sex marriage and liberal attitudes towards gender identity choice. [11] The president also referred to the more progressive moves made in previous years, questioning the logic of the Supreme Court. [14] Lawyers working with the government stated that a late filing by the government's team meant that the appellants won by default based on the one-sided argument presented, and there have been calls for the bill to be sent to the Court again to be reassessed. [12]

Culture

There are a number of establishments aimed at homosexual men found in the greater Colombo region, notably in the Mount Lavinia area, home to the annual gay pride, and the city of Negombo, a former Dutch colony on the outskirts of Colombo, with few other establishments scattered across the island. [53] [54] A lot of the heterosexual establishments court homosexual customers and will fly the rainbow flag on gay pride day. [55] It is reported that homosexual sex remains commonplace between younger men. [56] [57] It is furthermore also widely reported that homosexual abuse of young children is also a problem among religious institutions. [58]

Equal Ground reported that the media had become far more positive towards homosexuals since 2016, in both English and Sinhalese, rather than the more hostile media climate that much of the media participated in prior to this date; one of the most typical themes in Sri Lanka media was the association between homosexuality and pedophilia. [59] [60] A number of movies and literature works exist that discuss homosexuality though it still remains a small niche. [61] [62]

The Internet is the primary tool of communication for gays, with yahoo.com, gaydar.com, and gay.com being quite popular. 91% of gay men had lost their virginity by the age of 17. Facebook is also used to organise parties. [63] 21% of LGBT in Sri Lanka reported that they were currently in a homosexual relationship with another male. [64] Around 43% of sexual minorities in Sri Lanka report 'high life satisfaction' as opposed to 24% in Pakistan and 34% in India. 64% of LGBT polled were single and not in a relationship. At least 51% of LGBT were out to family, a number that is higher than the number out to friends and to their workplace. [64] Around 46% stated that they share LGBTQ content openly on their social media profiles, with only 22% stating that they would never share such content on their own profiles. [65]

Terminology

Ekalingika Samsarga - Same-gender sex (homosexuality)

Tritiya Prakriti - Third Nature (n.b. does not equate to the third gender)

Galkapanava - Male homosexual sex (literally 'rock breaking)

As with much of Non-Muslim Asia, intercrural sex has been historically more associated with homosexuality than anal sex, and is basically consisting of rubbing the penis between the thighs or the buttocks or on the abdomen. [66]

Dating and friendship preferences

An informal survey found that the majority of sexual minorities in Sri Lanka found Westerners sexually desirable, finding them more 'sensual and sexually adept' than the locals; only around a quarter had had sex with a Westerner. None of those surveys had issues with dating someone from the opposite ethnolinguistic group, either Tamil or Sinhalese, but apart from one person, the majority expressed dislike for Muslims (including Moors) and did not like them as friends or sexual partners. [66]

There is a preference for youth among the community, though social respect for the elderly can mean older people are also able to find sex.

A survey found that the locals considered their own ethnicities "to be the most beautiful men in the world" placing them above westerners, the latter who were viewed as more 'sensual and sexually adept' than the locals. [66]

Social issues

Sexual violence

Sri Lankan law does not recognize same-sex male rape according to a report published by the human rights organization at UCLA, and the UN has stated that Sri Lankan men are as likely as women to be the victim of rape. The majority of these reported rapes occur during detention by government forces, but it is also suggested that other non-governmental groups also engaged in sexual violence, and there are also no established channels for victims to report their rapes without fear of retribution or shame. According to the report by UCLA, "Despite evidence suggesting that sexual abuse of boys is common in the context of sex tourism, schools, care homes, religious establishments and other similar settings in Sri Lanka, and that male-on-male sexual violence outside such settings is also not uncommon, there is unwillingness to acknowledge the problem or the enormous shame and stigma associated with it, and a tendency to ignore or ridicule complainants." [58]

It also wrote that a "2013 study by CARE International Sri Lanka on intimate partner violence and gender-based violence in four districts found that of the 1,658 male respondents in the study, 28 per cent reported that they had experienced sexual abuse during childhood. Additionally, 12.1 per cent of male participants reported having perpetrated sexual violence on men in the context of their membership in gangs... The CARE International study also found that sexual abuse of boys occurred in schools and universities in the context of “ragging” (verbal, physical or emotional abuse of newcomers to education institutions), and that three per cent of male respondents reported having been forced to have “sex or physical relations” with a community leader or schoolboy before the age of 18 years." [58]

An issue remains with social stigma, as one activist put it; “Male survivors who share their experiences, experience stigma, ostracism, and a loss of social standing even among their closest and most sympathetic friends, and are re-victimised and further traumatised as a result of opening up about their experience and attempting to seek justice.” [58]

Discrimination

Gay men feel unable to openly complain about discrimination due to the social stigma attached to being homosexual, and this reflects the wider problem of homophobia on the island. [56] Since the colonial period, lesbian, gay, bisexual, and transgender rights have remained static, and homosexuality is outlawed in Sri Lanka. [67] As a result, there is no act of ‘coming out of the closet’ in Sri Lanka. Although male-to-male sexual contact has been shown to be frequent, with over two-thirds of males reporting having participated in this kind of sexual behaviour at some point in their lives, almost all gay men attempt to lead normal heterosexual lives due to constant pressure from society and the inability of most in society to understand the scientific explanation of homosexuality. Most people in society consider homosexuality to be a mental disorder that should be treated. As a result, because the majority of people in Sri Lanka think this is weird or unnatural, gay people are discriminated against every day. [68]

Media

Throughout Sri Lanka's new millennium, LGBTIQ organizations have encountered roadblocks as a result of ethno-nationalist politics and government-backed, homophobic reportage in the news media. [69] The media's perception and portrayal of gay men in Sri Lanka heavily influence public opinion. The media's coverage of homosexuality in Sri Lanka has mostly been negative, with a few exceptions. [70]

Bollywood cinema, which is immensely popular in Sri Lanka, is well known for portraying homosexuality in a bad light on a majority of occasions. [71] Sri Lankans' creative expression may also be influenced by this. This has resulted in many Sri Lankan movies and teledramas including gay men simply as comic elements in their work. Aside from political, legal, and communal initiatives, various films on homosexuality and transgender identity have been created in the twenty-first century, which examine LGBTIQ topics from a cinematic perspective, among other things. [72] The film 'Flying with One Wing' (2003) depicts the reality of homosexuality in heteronormative Sri Lankan culture, while the film 'Maya' (2016) examines the stigmatisation, stereotypical character, and prejudice towards transgender individuals in Sri Lankan society. [73] "Frangipani," directed by Visakesa Chandrasekaram which is also known as "Sayapethi Kusuma" in the local tongue, is a 2013 film that portrays homosexuality as a humanized problem. [73] [74]

Verbal Abuse

There are a variety of terms used in Sri Lanka to verbally abuse gays; they are based either on their femininity or sexuality. [75] These terms are used with particular intent to directly address gays or to question the heterosexuality or manliness of straight men. One of the most common words is "ponnaya." It is slang for transvestites, very effeminate guys, or males who are weak in their interactions with women. "Ponnaya" is also used to indicate that feminized gays who call themselves nachchi are unable to sexually function like "real" men, which is considered disrespectful to both their gender and sexual identity by nachchi. Apart from "ponsi", "samanalaya" (butterfly), and "nangi-malli" (translated to sister-like-brother) are some of the other Sinhala terms used to degrade and discriminate against gay men in Sri Lanka. [75]

Suicide

Constant violence, discrimination, and alienation result in most gay men in Sri Lanka having suicidal tendencies. According to studies, suicidal thoughts have been shown to be greater among sexual minorities in various Asian nations than in heterosexuals. This occurs against a backdrop of alienation related to society's limited tolerance of social diversity and the perceived burdens felt by these minority groups as a result of their sexual identity. [76] There have been no publications on the psychiatric morbidity of Sri Lankan lgbt individuals in the last decade. Nevertheless, according to the World Health Organization, Sri Lanka had the world's highest age-standardized suicide rate in 2015, with 34.6 suicides per 100,000 people in the population, the highest rate in the world. An unusually high number of suicides and acts of self-harm arise in the setting of interpersonal confrontations and family disagreements. These usually happen on their own and are caused by anger, shame, frustration, and a desire to fight back against what they think is unfair treatment. [77]

Given the societal prejudice that gay people endure in Sri Lanka, it is extremely probable that they face a greater degree of psychological distress and suicidal tendencies. These are infrequently documented in the media as experiences of sexual orientation-related harassment and suicide ideation, as well as being coerced into heterosexual marriages. [78] Furthermore, homophobia is widespread, and families may disavow and expel gays, leading to greater estrangement from society, and they may commit suicide as a result of terrible anguish. [79] The disease paradigm of homosexuality has been abandoned for decades. In Sri Lanka, however, it is not unusual to see parents requesting mental therapy for their children's gay inclination. [80]

See also

Related Research Articles

<span class="mw-page-title-main">LGBTQ movements</span> Social movements

Lesbian, gay, bisexual, transgender and queer (LGBTQ) movements are social movements that advocate for LGBTQ people in society. Although there is not a primary or an overarching central organization that represents all LGBTQ people and their interests, numerous LGBTQ rights organizations are active worldwide. The first organization to promote LGBTQ rights was the Scientific-Humanitarian Committee, founded in 1897 in Berlin.

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.

Hindu views of homosexuality and LGBTQ issues more generally are diverse, and different Hindu groups have distinct views. Hinduism describes a third gender that is equal to other genders and documentation of the third gender are found in ancient Hindu and Buddhist medical texts. The Kamasutra mentions Hijras and relations with them, and there are several Hindu temples which have carvings that depict both men and women engaging in sexual acts with Hijras. There are numerous cases of Hindu deities and figures that had physically transformed to different genders.

Opposition to legal rights for lesbian, gay, bisexual, transgender and queer (LGBTQ) people exists throughout the world. LGBTQ rights opponents may be opposed to the decriminalization of homosexuality; laws permitting civil unions or partnerships or supporting LGBT parenting and adoption, LGBT military members, access to assisted reproductive technology, and access to gender-affirming surgery and gender-affirming hormone therapy for transgender individuals.

Gay-friendly or LGBTQ-friendly places, policies, people, or institutions are those that are open and welcoming to gay or LGBTQ people. They typically aim to create an environment that is supportive, respectful, and non-judgmental towards the LGBTQ community. The term "gay-friendly" originated in the late 20th century in North America, as a byproduct of a gradual implementation of gay rights, greater acceptance of LGBTQ people in society, and the recognition of LGBTQ people as a distinct consumer group for businesses.

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.

<span class="mw-page-title-main">LGBTQ rights in Japan</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Japan have fewer legal protections than in most other developed countries, although some developments towards stronger rights have been made in the 2020s. Same-sex sexual activity was criminalised only briefly in Japan's history between 1872 and 1881, after which a localised version of the Napoleonic Penal Code was adopted with an equal age of consent. Same-sex couples and households headed by same-sex couples are ineligible for the legal protections available to opposite-sex couples, although since 2015 some cities and prefectures, covering over 60% of the population by 2023, offer "partnership certificates" to recognise the relationships of same-sex couples and provide some legal benefits. Japan is the only country in the G7 that does not legally recognize same-sex unions nationally in any form. In March 2021 and May 2023, the Sapporo and Nagoya District Courts ruled that not recognising same-sex marriage was a violation of the Constitution respectively. While in June 2022, the Osaka District Court ruled that not recognising same-sex marriage was not a violation of the Constitution, in November 2022, the Tokyo District Court ruled that the absence of same-sex marriage legislation was an unconstitutional state of affairs but did not violate the Constitution, though the court's ruling has no immediate legal effect. In June 2023, the Fukuoka District Court ruled that the ban on same-sex marriage was constitutional. A second ruling in September 2023 concluded that same-sex relationships should not be excluded from Japan's marriage system.

<span class="mw-page-title-main">LGBTQ rights in Malta</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Malta rank among the highest in the world. Throughout the late 20th and early 21st centuries, the rights of the LGBTQ community received more awareness and same-sex sexual activity was legalized on 29 January 1973. The prohibition was already dormant by the 1890s.

<span class="mw-page-title-main">LGBTQ rights in India</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in India face legal and social challenges not experienced by non-LGBTQ people. There are no legal restrictions against gay sex within India. Same-sex couples have some limited cohabitation rights, colloquially known as live-in relationships. However, India does not currently provide for common-law marriage, same-sex marriage, civil union, guardianship, unregistered cohabitation or issue partnership certificates.

<span class="mw-page-title-main">LGBTQ rights in Sri Lanka</span>

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.

<span class="mw-page-title-main">LGBTQ rights in Africa</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are generally poor in comparison to the Americas, Western Europe, and Oceania.

<span class="mw-page-title-main">LGBT rights in Tibet</span> Rights of the LGBT community in Tibet

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.

Communist attitudes towards LGBTQ rights have evolved radically in the 21st century. In the 19th and 20th century, communist parties and Marxist–Leninist states varied on LGBTQ rights; some Western and Eastern parties were among the first political parties to support LGBTQ rights, while others, especially the Soviet Union and some of its Eastern Bloc members, harshly persecuted people of the LGBTQ community.

<span class="mw-page-title-main">LGBTQ rights in Hawaii</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Hawaii enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.

<span class="mw-page-title-main">LGBTQ rights in Idaho</span>

Lesbian, gay, bisexual transgender, and queer (LGBTQ) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBTQ people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBTQ people, and a 2016 survey by the same pollster found majority support for same-sex marriage.

<span class="mw-page-title-main">Outline of LGBTQ topics</span>

The following outline offers an overview and guide to LGBTQ topics:

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.

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, 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. The concept of Sri Lanka did not exist prior to colonialism, and the term 'lanka' translates to 'island'.

References

  1. 1 2 Jayaram, V (2000). "Hinduism and Adultery".
  2. 1 2 "Stances of Faiths on LGBTQ+ Issues: Hinduism". Human Rights Campaign. Retrieved 2023-12-22.
  3. law.nus.edu.sg https://law.nus.edu.sg/projects/criminal-law-in-sri-lanka/ . Retrieved 2024-06-18.{{cite web}}: Missing or empty |title= (help)
  4. 1 2 "JOINT UPR SUBMISSION" (PDF). Coalition for Sexual Rights.
  5. "In a first, Sri Lankan President acknowledges LGBT rights | Daily FT". www.ft.lk. Retrieved 2024-06-18.
  6. 1 2 "Decriminalising homosexuality: Political support for amendments still unclear". Latest in the News Sphere | The Morning. 2023-04-16. Retrieved 2024-06-18.
  7. 1 2 Stewart, Colin (2023-02-12). "Sri Lanka moves closer to repeal of its anti-gay law" . Retrieved 2024-06-18.
  8. "NPP's new plan: A rapid response or a positioning for an election?". Latest in the News Sphere | The Morning. 2022-01-08. Retrieved 2024-06-18.
  9. "Homophobic Justice Minister Wijeyadasa Should Resign: Right Activists". Colombo Telegraph. 2017-01-22. Retrieved 2024-06-18.
  10. "The real UNP expose that was needed". Sri Lanka Guardian. Retrieved 2024-06-18.
  11. 1 2 3 "'Judicial cannibalism': Sri Lanka President Wickremesinghe proposes select committee to look into top court's ruling blocking gender equality Bill". Firstpost. 2024-06-18. Retrieved 2024-06-18.
  12. 1 2 3 4 "Gender Equality Bill: What could have been". Latest in the News Sphere | The Morning. 2024-06-16. Retrieved 2024-06-18.
  13. Srinivasan, Meera (2023-05-05). "Sri Lanka queer community awaits top court decision on decriminalisation of homosexuality". The Hindu. ISSN   0971-751X . Retrieved 2024-06-18.
  14. 1 2 bugsbunny (2024-06-18). "President accuses Supreme Court of judicial cannibalism". Colombo Gazette. Retrieved 2024-06-18.
  15. "HRCSL to support LGBTQ community in advocating legal reforms - Breaking News | Daily Mirror". www.dailymirror.lk. Retrieved 2024-06-18.
  16. "Asgiriya Chapter calls for the right to equality for LGBT | Sri Lanka Brief". srilankabrief.org. Archived from the original on 13 May 2019. Retrieved 2018-10-05.
  17. Dhammika, Bhante (2024-05-30). "Being Gay and Buddhist: What did the Buddha say?". Handful of Leaves. Retrieved 2024-06-18.
  18. "global gender". www.globalgender.org. Retrieved 2024-06-18.
  19. "Church silent as Sri Lanka to decriminalize homosexuality".
  20. 1 2 "Removing barriers for LGBT + people in Sri Lanka" . Retrieved 2018-09-30.
  21. "LGBT rights were accepted in ancient India, Sec 377 must be repealed: Amish Tripathi". Hindustan Times. 2017-09-04. Retrieved 2023-12-27.
  22. "Stances of Faiths on LGBTQ+ Issues: Hinduism". Human Rights Campaign. Retrieved 2023-12-27.
  23. 1 2 3 4 5 6 "Homosexuality in Buddhist Cultures – Bhante Dhammika". bhantedhammika.net. Archived from the original on 2018-09-30. Retrieved 2018-09-30.
  24. "Homosexuality in ancient India: 10 instances". India Today. 10 July 2018. Retrieved 2023-12-22.
  25. "Buddhism and Homosexuality". archive.globalgayz.com. Retrieved 2018-09-30.
  26. Hathiram, Ervad Marzban J. (2014-01-24). "Zoroastrianism, homosexuality & LGBT issues – a lecture recording". Frashogard. Retrieved 2024-04-27.
  27. Christensen, Kelly (December 2022). "A Legacy of Homophobia: Effects of British Colonization on Queer Rights in India and Uganda". Global Studies 445: Capstone Seminar via Capstone Projects.[ permanent dead link ]
  28. Drewes, David (2015). "Oral Texts in Indian Mahayana". Indo-Iranian Journal. 58 (2): 131. doi:10.1163/15728536-05800051. The idea that Buddhist texts were first written down in the first century bce has been widely current since the nineteenth century, but has never been much more than a guess. Its only basis is a short passage, two verses long, found in both the fourth or fifth-century Dīpavaṃsa and later Mahāvaṃsa,that states that the Tipiṭaka and commentaries were first written down at this time...however, it fairly clearly does not even intend to record the first time writing was ever used for Buddhist texts, but the first creation of a complete set of written scriptures in Sri Lanka.
  29. Lars Fogelin (2006). Archaeology of Early Buddhism. AltaMira. p. 13. ISBN   978-0-7591-0750-2., Quote: "As of the Pali Canon of Sri Lanka, it was extensively redacted in the fifth or sixth century A.D. (Bechert 1978; Collins 1990; Trainor 1997)".
  30. "Male Homosexuality and Transgenderism in the Thai Buddhist Tradition". buddhism.lib.ntu.edu.tw. Retrieved 2024-06-18.
  31. Andri Yatmo, Yandi; Atmodiwirjo, Paramita (2023-12-21). "Revisiting Vitruvius' Town Planning Method in Architectural Education". Nakhara: Journal of Environmental Design and Planning. 22 (3): 321. doi: 10.54028/nj202322321 . ISSN   2651-2416.
  32. 1 2 3 "Homosexuality in Buddhism and Sri Lankan Society". 2007-08-28.
  33. 1 2 Wong, Angela; Wickramasinghe, Maithree; hoogland, renee; Naples, Nancy A, eds. (2016-04-30). The Wiley Blackwell Encyclopedia of Gender and Sexuality Studies (1 ed.). Wiley. doi:10.1002/9781118663219.wbegss081. ISBN   978-1-4051-9694-9.
  34. 1 2 Bulten, Luc; Kok, Jan; Lyna, Dries; Rupesinghe, Nadeera (2018). "Contested conjugality? Sinhalese marriage practices in eighteenth-century Dutch colonial Sri Lanka". Annales de démographie historique (in French). 135 (1): 51–80. doi:10.3917/adh.135.0051. hdl: 2066/196492 . ISSN   0066-2062.
  35. "Sri Lanka's surprise political transition". Washington Post. Retrieved 2018-09-30.
  36. "Sri Lanka's gays share their journey". 2005-05-20. Retrieved 2019-03-07.
  37. Campaign, Human Rights. "Sri Lanka Pressured to Remove Anti-LGBTQ Laws by E.U. Trade Deal | Human Rights Campaign". Human Rights Campaign. Archived from the original on February 18, 2017. Retrieved 2017-08-31.
  38. Stewart, Colin (November 21, 2016). "Anti-LGBTI push at U.N. falls short". Erasing 76 Crimes. Archived from the original on November 22, 2016. Retrieved June 8, 2023.
  39. "SL committed to non-discrimination based on sexual orientation: Nerin Pulle" . Retrieved 2017-12-08.
  40. Salandra, Adam (January 19, 2017). "Sri Lanka Keeps Homosexuality A Crime, But Bans Anti-LGBT Discrimination". NewNowNext. Archived from the original on March 8, 2017. Retrieved June 8, 2023.
  41. Power, Shannon (17 November 2017). "Sri Lanka promises to decriminalize homosexuality and to protect LGBTI people". Gay Star News. Archived from the original on November 17, 2017. Retrieved June 8, 2023.
  42. "COALITION FOR SEXUAL RIGHTS" (PDF).
  43. "A traditional Sri Lankan Gay Wedding in a luxury hotel!". Travel by Interest. Retrieved 2024-06-18.
  44. Rowntree, Samantha (2018-07-29). "Putting the record straight: Sri Lanka warmly welcomes LGBTQ+ travellers". Signature Luxury Travel & Style. Retrieved 2024-06-18.
  45. "Sexuality and gender". academic.oup.com. Retrieved 2024-01-24.
  46. Fian, Andi (2 December 2022). "BUDDHISM AND CONFUCIANISM ON HOMOSEXUALITY: THE ACCEPTANCE AND REJECTION BASED ON THE ARGUMENTS OF RELIGIOUS TEXTS". Journal of Religious Studies. 3 (2). Sekolah Pascasarjana, Universitas Gadjah Mada: Center for Religious and Cross-cultural Studies (CRCS): 73–82 via Phil.
  47. "Singing national anthem in Sinhala and Tamil languages - Opinion | Daily Mirror". www.dailymirror.lk. Retrieved 2024-06-18.
  48. "Instances In Ancient Indian Texts And Love Songs That Celebrate Queer Relationships". Outlook India. 2022-09-23. Retrieved 2024-06-18.
  49. "The Making of Lanka by Subha Vilasa Dasa – Back To Godhead". www.backtogodhead.in. Retrieved 2024-06-18.
  50. Gulzar Hakim, Ghani-ur-Rahman. "Tracing the Origin and Nature of Gandharvas and Apsaras" (PDF).{{cite journal}}: Cite journal requires |journal= (help)
  51. Huang, Sneha Gubbala, Jacob Poushter and Christine (2023-11-27). "How people around the world view same-sex marriage". Pew Research Center. Retrieved 2024-06-17.{{cite web}}: CS1 maint: multiple names: authors list (link)
  52. Lavers, Michael K. (2023-02-10). "Sri Lanka government announces support for decriminalization bill". www.washingtonblade.com. Retrieved 2024-06-18.
  53. "City of Mount Lavinia, Sri Lanka". lanka.com. 2014-06-30. Retrieved 2019-03-22.
  54. "Gay Sri Lanka 2018 | Alternative Gay Holidays in Asia". Travel by Interest. Retrieved 2019-03-22.
  55. "Gay Travel Sri Lanka | Highlights include Negombo, Colombo and Kandy". OUT Adventures. Archived from the original on 2019-03-22. Retrieved 2019-03-22.
  56. 1 2 "Sri Lankan Police Arrest a Lesbian Couple and Police justifies its Action | Sri Lanka Brief". srilankabrief.org. Archived from the original on 2018-10-05. Retrieved 2018-10-05.
  57. "The Myth of 'Asian Values', and Why Being Asian is Being Inclusive". RICE. 2018-07-18. Archived from the original on 15 July 2019. Retrieved 2018-12-17.
  58. 1 2 3 4 "Legacies and Lessons: Sexual violence against men and boys in Sri Lanka and Bosnia & Herzegovina" (PDF). All Survivors Project. Archived from the original (PDF) on September 29, 2017. Retrieved June 8, 2023.
  59. "LGBT Life in Sri Lanka is still Tough". February 1, 2019. Archived from the original on March 22, 2019. Retrieved June 8, 2023 via PressReader.
  60. "Sri Lanka begins 'systematic targeting' of gays". archive.globalgayz.com. Retrieved 2019-03-22.
  61. "To be or not to be gay – Frangipani and the travails of homosexuals in Sri Lanka". 25 March 2015.
  62. Selvadurai, Shyam. "Funny Boy: A Novel". Amazon. Archived from the original on September 28, 2016. Retrieved June 8, 2023.
  63. "Sex In Sri Lanka: Have a nice big carpet and sweep everything under it | Sri Lanka Brief". srilankabrief.org. Archived from the original on 2018-10-28. Retrieved 2018-10-28.
  64. 1 2 Lemke, Richard; Tornow, Tobias (2015). "Gay Happiness Monitor" (PDF). Johannes Gutenberg University. Archived from the original (PDF) on May 18, 2015. Retrieved June 8, 2023.
  65. "Disrupting the Binary Code: Experiences of LGBT Sri Lankans Online" (PDF). Women and Media Collective. December 2017. Archived from the original (PDF) on July 12, 2018. Retrieved June 8, 2023.
  66. 1 2 3 "Gay Sri Lanka News & Reports 2008-11". archive.globalgayz.com. Retrieved 2019-01-24.
  67. Jayasundara, D. "Google Scholar". scholar.google.com. Retrieved 5 February 2022.
  68. Silva, K.T; Sivayoganathan, C.; Lewis, J. (1998). Globalization, social change and youth. Colombo: S. Hettige. pp. 24–43. Retrieved 5 February 2022.
  69. Gamage, Siri (2016). "A Buddhist approach to knowledge construction and education in Sri Lanka (Ceylon) in the context of colonisation and southern theory" . Retrieved 5 February 2022.
  70. Wipulasena, A. (25 September 2018). "The battle against homophobia in Sri Lanka". Verité Research. Retrieved 5 February 2022.
  71. Bhugra, Dinesh; Kalra, Gurvinder; Ventriglio, Antonio (3 September 2015). "Portrayal of gay characters in Bollywood cinema". International Review of Psychiatry. 27 (5): 455–459. doi:10.3109/09540261.2015.1086320. PMID   26535451. S2CID   43307351.
  72. Costa, Nelani De (1 January 2018). "The Stereotyping of Queer Identities in Sri Lankan English Fiction". Sahitya Special Volume. Retrieved 6 February 2022.
  73. 1 2 Journals, Euro Asia International. "QUEER CONTENT; REPRESENTATION OF HOMOSEXUALITY" . Retrieved 6 February 2022.
  74. Brien, O. (2015). "'Love blooms in the shadows: Visakesa Chandrasekaram's' Frangipani". Metro Magazine: Media and Education Magazine (186): 40.
  75. 1 2 Nichols, Andrea (April 2010). "Dance Ponnaya, Dance! Police Abuses Against Transgender Sex Workers in Sri Lanka". Feminist Criminology. 5 (2): 195–222. doi:10.1177/1557085110366226. S2CID   145250202.
  76. Kim, SungYeon; Yang, Eunjoo (February 2015). "Suicidal Ideation in Gay Men and Lesbians in South Korea: A Test of the Interpersonal-Psychological Model". Suicide and Life-Threatening Behavior. 45 (1): 98–110. doi:10.1111/sltb.12119. PMID   25220014.
  77. Marecek, J. C. "Young Women's Suicides In Sri Lanka: Cultural, Ecological and Psychological Factors". ResearchGate. Retrieved 5 February 2022.
  78. Equal Ground. "Human rights violations against lesbian, gay, bisexual and transgender people in Sri Lanka – A shadow report" (PDF). Equal Ground. Retrieved 5 February 2022.
  79. Immigration and Refugee Board of Canada. "Responses to information requests" (PDF). Retrieved 6 February 2022.
  80. Gonsiorek, John (1991). "The Empirical Basis for the Demise of the Illness Model of Homosexuality". Homosexuality: Research Implications for Public Policy: 115–136. doi:10.4135/9781483325422.n8. ISBN   9780803937642.