LGBT rights in Sri Lanka

Last updated

LGBTQ rights in Sri Lanka
LocationSriLanka.png
Sri Lanka
Status Illegal since 1885 [1] (as British Ceylon)
Penalty
  • 10 years imprisonment and fines [2] [3]
(Not enforced, ruled unenforceable by the Supreme Court, legalisation proposed) [4]
Gender identity Legally permitted following medical vetting; surgical intervention not legally required [5] [6]
Military No
Family rights
Adoption No

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. [7] A bill aimed at decriminalization was submitted to parliament in August 2022 has been given the support of the ruling government. [8] [9] Furthermore both major parties from across the political spectrum have generally expressed support for homosexuality. [10] [11]

Contents

Transgender people can legally change gender following medical approval and surgical intervention is not required. In 2016 the Government of Sri Lanka launched Gender Recognition Certificates and provided clear guidelines to medical workers on how to positively deal with the transgender community. [12] Furthermore both major parties from across the political spectrum have generally expressed support for transsexuality. [10] [11]

There are no anti-discrimination laws, but the government has stated that discrimination based on sexuality and gender is implicitly banned under the existing constitution, and it has proposed to provide anti-discrimination laws as part of a wider constitutional overhaul currently under negotiation. [5] [13] [14]

Background

Sri Lanka did not have any legal restrictions for the general population against homosexuality until the colonial period. [15] It had no legal influence from Zoroastrianism, Islam or Christianity, [16] and most religious influence prior to colonialism came from Mainland India and East Asia. [17]

The current legal framework of Sri Lanka, [18] mostly derives from European-Christian constructs [19] as they stood during the colonial era, and were imported into the island. [20] It is predominantly British law [21] with some earlier colonial Roman-Dutch law. [22] The most prominent of the discriminatory laws [23] is the now seemingly dormant (sometimes reported as "decriminalized") [8] Section 365, that criminalizes homosexual sex. [24] Further problems with the colonial legal framework include the lack of protections and supports for the sexual minority community, including the lack of specific wording fighting discrimination against sexual minorities [25] nor the recognition of transgender and third gender concepts [26] (who have been discriminated against through the Vagrants Ordinance). [27] The Supreme Court and the various governments of Sri Lanka have countered this situation [2] by including sexual minorities within generic anti-discrimination clauses [28] and attempting to set dormant a variety of laws, although the colonial legal code does not provide the Supreme Court with the power to create or repeal law. [6] [29]

It is unclear whether there have been any prosecutions of LGBTQI for consensual sex (as opposed to non-consensual sex), and NGOs state that there have been no prosecutions for consensual sex. In 2015, the Supreme Court of Sri Lanka suspended (thereby overturning on appeal) a rare 2003 custodial sentence of a lower court, stating that the finding of guilt was correct due to the law remaining on the books, but that it would be inappropriate to impose a penalty on consensual sex. Human rights organizations and asylum seeker organizations have reported that police and government workers used the threat of arrest to assault, harass, and sexually and monetarily extort LGBTQI individuals. [30] [31] [32] However, several sources, including that by the IGLA president and Sri Lankan native Sherman de Rose, state that the laws are not used to jail and prosecute LGBTQ individuals. [33]

Dharmic moral codes

Sri Lankan Buddhism generally tolerated homosexual sex more than heterosexual sex, though preferred celibacy to even procreation unlike in western philosophical traditions. [34] The Pali Canon explicitly mentions that sexual practices are generally forbidden in the monastic code (for monks), but sex of a homosexual nature would receive a lesser punishment to the point that certain types of homosexual sex would only require a confession and no punishment. This code was written on the island of Lanka in 29 B.C. and only limited to monks but not the general population. [35] [15] [36] [37] [38] The ancient Chinese translations of the Āgama also does not challenge this. The lay man is only asked to avoid sex with certain classes of people (underage, married, monks etc...). [39] [40] [41] This is further supported by the omission of homosexuality in the list of sexual misconducts compiled in the 14th century Upāsakajanalankara, which was written in Sri Lanka in the 14th century and became influential again in the 17th century Kandyan kingdom. [42] [43] [44]

Political and community attitudes

Politicians from both sides of the political spectrum have expressed support for homosexuality and transsexuality, including the two leaders of the two major parties. [11] [10]

Sri Lankan society generally has a tolerant view of homosexuality. There are even some traditions that promote transgender people, although the third gender seems to have disappeared from the island, despite having roots in Sri Lankan culture. As a result, these laws have been loosely enforced (if at all), and discrimination by police and others is often associated with corruption or attitudes towards sexual promiscuity, which also applies to heterosexuals. Some issues, including the status of sexual minorities within the military service, and intersex rights, [45] have largely escaped both mainstream discussion and discussion by LGBT lobbies. Other laws that can negatively affect sexual minorities are more widely discussed in the Sexual minorities in Sri Lanka article.

In 1994, Sherman de Rose set up Companions on a Journey (CoJ), the first LGBT support group in Sri Lanka. [46] The Women's Support Group split off from CoJ in 1999, forming a separate organisation for lesbian, bisexual and transgender women. [47] Equal Ground was then set up as an LGBTQI group. [48]

The influential Buddhist chapter, Asgiriya Chapter, came out in support of extending rights to LGBT, including support to amend the constitution. [49]

In March 2021, in order to commemorate Zero Discrimination Day, the President of Sri Lanka Gotabaya Rajapaksa tweeted "As the president of #lka I am determined to secure everybody's right to live life with dignity regardless of age, gender, sexuality, race, physical appearance, and beliefs." [11] The Financial Times opinioned that this was the first public acknowledgement by the South Asian Head of State about everyone's right not to be discriminated on their sexuality or gender. [50]

In August 2021, after a video of a homophobic counsellor caused controversy on the internet, the College of Psychiatrists clarified that modern medicine does not consider homosexuality to be an illness and further called for homosexuality to be decriminalized; unlike psychiatrists, counsellors are not regulated and do not require degrees. [51]

In 2023, a report reveals the majority of 69% of population opposed same-sex unions' legalization, with a 60% strongly opposed it. [52]

A poll by The Social Scientists Association in 2021 found that "72,5% of respondents believed that LGBT people should not be punished for their sexual identity, 65% said a LGBT person can do a job as well as any other person and 51.4% said they would support legislation to ensure the rights of LGBT people". [53]

A survey by Equality Fund in 2018 found that 12% of Sri Lankan respondents were LGBTQI.

Political parties

Both conservative and socialist parties have voiced support for LGBTQ rights.

Sri Lanka Podujana Peramuna

  • In 2014, Sri Lanka’s Attorney General, appointed by Mahinda Rajapaksa, declared that LGBT Sri Lankans are protected implicitly under the Constitution and that discrimination against them was unconstitutional. [54]
  • SLPP MP Premnath C. Dolawatte submitted a bill to decriminalise gay sex in 2022, which is currently being discussed in parliament. [55]
  • SLPP General Secretary MP Sagara Kariyawasam said that he was confident that there would be no opposition from the party's MPs to the decriminalisation of gay sex. [56]
  • Maithripala Sirisena appointed the island's first modern transgender governor Niluka Ekanayake in 2016. [57]
  • Rajapaksa tweeted showed support for LGBTQ rights in a 2021 tweet. [58]

United National Party

  • Sri Lankan President Ranil Wickremesinghe supported the bill to decriminialise gay sex. [59]
  • Mangala Samaraweera was an openly gay politician who served as the Minister for Finance and the Minister for Foreign Affairs in the years from 2005 to 2019. [60]
  • Sri Lankan President Ranil Wickremesinghe submitted two bills to parliament in relation to LGBTQ: the Womens Empowerment Bill and the Gender Equality Bill.

Samagi Jana Balawegaya

  • SJB General Secretary Ranjith Madduma Bandara said that: “as a policy, our party believes that the LGBTQ+ community must be looked after.” [56]

NPP

  • In mid-2024 the NPP wrote in its manifesto that it will support LGBTQ and has stated that it will support the bill to decriminalise gay sex. [56]

Tamil National Alliance

  • An MP said that the party does not discuss issues that are not peculiar to ethnic nationalism, but that he himself would support the decriminalisation of gay sex. [56]

Legality of same-sex sexual acts

Article 365 of the Sri Lankan Penal Code, which dates back to 1885 [1] : 34  (while it was British Ceylon), criminalizes sexual acts deemed "against the order of nature". [8] For much of the law's history, the prohibition applied to only to males; in 1995, Article 365 was amended to replace the word "males" with "persons" so that same-sex sexual activity between consenting adult females was also outlawed in addition to that between consenting adult males. [9]

Ordinance to Provide a General Penal Code for Ceylon 1883

Sections 365 and 365A of the Penal Code refer to unnatural offences and acts of gross indecency. [18] [61] In 1995, the section was amended slightly to expressly prohibit "gross indecency" no matter the gender of the participants. [62]

Section 365

Section 365 (Penal Code 1883) states: [63]

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be punished with fine and where the offence is committed by a person over eighteen years of age in respect of any person under sixteen years of age shall be punished with rigorous imprisonment for a term not less than ten years and not exceeding twenty years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.

Section 365A

Section 365A (Penal Code 1883) states: [63]

Any person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, shall be guilty of an offence, and shall be punished with imprisonment of either the description for a term which may extend to two years or with fine or with both and where the offence is committed by a person over eighteen years of age in respect of any person under sixteen years of age shall be punished with rigorous imprisonment for a term not less than ten years and not exceeding twenty years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such person.

Section 399

This section is often used against transgender people for purported "gender impersonation". It has been used in situations where a person has converted to another gender yet bears a different gender on their documentation. The section provides: "a person is said to 'cheat by personation' if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is."

Supreme Court

In a decision of Supreme Court of Sri Lanka, Luwihare, PC. J wrote in his opinion: [32] "This offence deals with the offences of sodomy and buggery which were a part of the law in England and is based on public morality. The Sexual Offence Act repealed the sexual offences of gross indecency and buggery in 2004 and [is] not an offence in England now." Further, the opinion recognised that: [32]

The contemporary thinking, that consensual sex between adults should not be policed by the state nor should it be grounds for criminalisation appears to have developed over the years and may be the rationale that led to repealing of the offence of gross indecency and buggery in England. [Emphasis in original.]

— Luwihare, PC. J, SC Appeal No.32/11 (2016), Supreme Court of Sri Lanka

The Constitution of Sri Lanka prohibits the Supreme Court from striking down Article 365A because the Constitution does not provide the Supreme Court with the power of judicial review. The second republican constitution was amended to state "all bills passed in parliament shall become law after it receives the Speaker's Certificate (79), it will be final and cannot be questioned in any court of law (80.3)".

All existing written law and unwritten law shall be valid and operative notwithstanding any inconsistency with the preceding provisions of this Chapter.

— Article 16 (1) of the constitution:

In 2017, the Supreme Court had opinionated that it would be inappropriate to impose custodial sentences on people who were accused of engaging in homosexual sex. [64]

Government

Both the socialist government of Rajapakse and the conservative government of Sirisena have stated that "discrimination against LGBT people was unconstitutional and that the application of sections 365 and 365A in a manner that was discriminatory against LGBT persons was unconstitutional". [6]

In November 2017, Deputy Solicitor General Nerin Pulle stated that the government would move to decriminalize same-sex sexual activity. [65] The country's constitution does not provide the Supreme Court the powers to completely expel a law from the books. [66] [8] An attempt by the government to include its repeal into the human rights action plan was prevented by opposition from the United People's Freedom Alliance.

1841 Vagrants Ordinance

This act criminalizes soliciting and acts of indecency in public places. Section 7 is being used against sex workers and sexual minorities. A maximum term of six months and a fine of 100 rupees is imposed as punishment. [23]

Repeal of Article 365

Premnath C. Dolawatte of the ruling nationalist Sri Lanka Podujana Peramuna political party submitted a Private Member Bill to Parliament on 23 August 2022 aiming to repeal the colonial-era law banning homosexual sex.

President of Sri Lanka Ranil Wickremesinghe said "we are for it" and his government would not oppose the private members bill, but that "you have to get the support of individual members [for the bill to pass in parliament]. It’s a matter of their private conscience." [67]

In May 2023, the Supreme Court greenlit the bill. [68]

Recognition of same-sex relationships

Sri Lankan family law does not recognize same-sex marriages, same-sex civil unions, or provide equal rights to same-sex live-in couples. [69]

"According to a 2023 Pew Research Center survey, 69% of the country opposed same-sex marriage. [70]

Discrimination protections

Constitutional protections

The government of Sri Lanka claimed to the United Nations Human Rights Committee on 7–8 October 2014 that they think sexual minorities should be protected under existing generic anti-discrimination laws provided in the Constitution. [25] The government of Sri Lanka stated that such protections were "'implicit' in the Sri Lankan constitution and that the government has not written a law giving 'explicit' rights yet". [71]

Discrimination against sexual minorities remains a problem. Several lawyers and charities have called for specific wording in the constitution stating that discrimination against sexual minorities is illegal. [23]

Law

While there is interest in creating non-discrimination laws and there have been at least two legal judgements [25] [32] favourable towards protections, none have been created or passed. [13] [72] [73] [25]

In 2017, the Government announced they would update their Human Rights Action Plan with an addendum that bans discrimination against anyone based on his or her sexual orientation. However, no laws were put in place following this statement. [74]

Both the Nationalist government of Rajapaska and the Conservative government of Sirisena have stated "that discrimination against LGBT people was unconstitutional and that the application of sections 365 and 365A in a manner that was discriminatory against LGBT persons was unconstitutional". [6] The Sri Lankan Supreme Court handed down a judgement in the case of Officer-in-Charge, Police Station, Maradana v Wimalasiri and Jeganathan, in which sections 365 and 365A were deemed unenforceable under the constitution. [32] Despite this judgement and the government statements, the only parliamentary effort to repeal the laws criminalizing homosexual acts was not passed. As of 2022, no further attempts to repeal the laws have been put before Cabinet or introduced in the legislature. [75]

In November 2021, Equal Ground (a long-established LGBTQI rights advocacy organisation), with others, filed a petition at the Court of Appeal seeking a Writ of Prohibition against the training programme for the police where "malicious, erroneous, and discriminatory remarks" were made about LGBTIQ persons. The Court of Appeal decided on 8 December 2021, that this petition could proceed. [76] [77]

Gender identity and expression

Recognition of gender identity

Transgender persons may change legal gender. This has been allowed since 2016, following advice from the Human Rights Commission of Sri Lanka. [78] The commission's advice elicited a directive to agencies from the Ministry of Health. [79] [80] The legal change requires bureaucratic certification which may be onerous to achieve; while typically requiring medical intervention and vetting before being permitted, the international legal charity, iProbono point out there is no legal requirement in Sri Lanka for any surgical intervention. This has been confirmed in a legal ruling. [6] : 120 

According to a United Nations Development Programme (UNDP) report: [81]

In Sri Lanka, the Human Rights Commission of Sri Lanka (HRCSL) facilitated dialogue on legal gender recognition in response to a March 2015 complaint from a transgender person. As a result, in 2016 the Ministry of Health issued a circular to health services and education institutions about issuing gender recognition certificates to transgender people. The Registrar-General instructed all registrars to change sex and name details on birth certificates based on such gender recognition certificates. The process remains a medicalized one, but with some degree of flexibility.

Although performed on occasion, gender-affirming surgery is relatively inaccessible within Sri Lanka, as many hospitals lack the highly specialised surgical units and staff. Human Rights Watch (HRW), in its "All Five Fingers are Not the Same" report (2016), interviewed doctors and patients. One physician who treats transgender individuals told HRW that Sri Lankan doctors were often unfamiliar with surgical treatments of transgender patients. Patients who had experienced gender-confirming treatments in Sri Lanka, reported that they could be met with ignorance, curiosity and even ridicule from medical staff. Some avoided public hospitals and clinics due such experiences, thus increasing the costs of treatments. Obtaining hormone therapy is similarly fraught. Such obstacles in the path of gender-confirmation increases the difficulty of obtaining any legal gender recognition. Besides providing a legal procedure for gender recognition, there is no other government recognition or assistance for transgender people. [5]

Classification as mental illness

Gender dysphoria is classified as a mental health disorder or illness. [13] Sexual and romantic orientations are not classified as mental illness by either the Sri Lanka College of Psychiatrists, or the College of Community Physicians. [82] Despite this, and that all medical practitioners in Sri Lanka are members professional colleges, and all Sri Lankan colleges are signatories to the WHO code of ethics—which deprecates any treatment of homosexuality as a disease or illness, on scientific and ethical grounds—doctors are often sought out by families to administer "treatment" to their LGBTQI members. There are sufficient doctors willing to perform such treatments that it is reported as a regular occurrence. [83] [84]

Third gender

The concept of third gender is not recognized under Sri Lankan law. [13]

Conversion therapy

In March 2022, a bill aimed at banning conversion therapy was tabled by Samagi Jana Balawegaya MP Rohini Kumari Wijerathna. [85] Wijerathna criticized the government for not supporting the bill in July 2024. [86]

Blood donations

The National Blood Transfusion Service (NBTS) bans people who engage in risky behaviour from donating blood. It classifies male same-sex intercourse as a risky behavior, along with unrelated behaviours such as drug use and having more than one sexual partner. Consequently, men who engage in anal sex with men are banned from donating blood through the NBTS. [87]

Summary table

Legality of same-sex sexual activity X mark.svg (Penalty: 10 years in prison and fines. ruled unenforceable, legalization proposed)
Age of consent X mark.svg
Anti-discrimination laws X mark.svg
Same sex marriage X mark.svg
Recognition of same sex couples X mark.svg
Stepchild adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
LGBT people allowed to serve openly in the military X mark.svg
Right to change legal gender Yes check.svg Legally permitted, but onerous process requiring medical intervention and vetting; bureaucratic [5]
Recognition of third gender X mark.svg
Access to IVF for lesbians X mark.svg
Commercial surrogacy for gay male couples X mark.svg
Removal of LGBT orientation as a mental illness X mark.svg / Yes check.svg Gender dysphoria is classified as a mental health disorder, while sexual and romantic orientations are not.
Conversion therapy banned X mark.svg
MSMs allowed to donate blood X mark.svg [87]

See also

Related Research Articles

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

Lesbian, gay, bisexual, and transgender (LGBTQ) people in Hungary face legal and social challenges not experienced by non-LGBT residents. Homosexuality is legal in Hungary for both men and women. Discrimination on the basis of sexual orientation and sex is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to heterosexual married couples. Registered partnership for same-sex couples was legalised in 2009, but same-sex marriage remains banned. The Hungarian government has passed legislation that restricts the civil rights of LGBT Hungarians – such as ending legal recognition of transgender Hungarians and banning LGBT content and displays for minors. This trend continues under the Fidesz government of Viktor Orbán. In June 2021, Hungary passed an anti-LGBT law on banning "homosexual and transexual propaganda" effective since 1 July. The law has been condemned by seventeen member states of the European Union. In July 2020, the European Commission started legal action against Hungary and Poland for violations of fundamental rights of LGBTQI people, stating: "Europe will never allow parts of our society to be stigmatized."

<span class="mw-page-title-main">LGBT rights in New Zealand</span>

New Zealand lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are some of the most extensive in the world. The protection of LGBT rights is advanced, relative to other countries in Oceania, and among the most liberal in the world, with the country being the first in the region to legalise same-sex marriage.

<span class="mw-page-title-main">LGBT rights in Kenya</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBTQ residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices are a felony under section 165 of the same statute, punishable by five years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.

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

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Pakistan face legal and social difficulties and persecution compared to non-LGBTQ persons. Pakistani law prescribes criminal penalties for same-sex sexual acts.

<span class="mw-page-title-main">LGBT rights in Bangladesh</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) people in Bangladesh face widespread social and legal challenges not experienced by non-LGBT people.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Dominica face legal challenges not experienced by non-LGBTQ residents. Homosexuality has been legal since 2024, when the High Court struck down the country's colonial-era sodomy law. Dominica provides no recognition to same-sex unions, whether in the form of marriage or civil unions, and no law prohibits discrimination on the basis of sexual orientation or gender identity.

<span class="mw-page-title-main">LGBT rights in Malawi</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Malawi face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are illegal within the nation. The Penal Code prohibits "carnal knowledge against the order of nature", attempts to commit "carnal knowledge against the order of nature", and acts of "gross indecency". Homosexuality among men is punishable by up to 14 years in prison in the country, while homosexuality among women is also punishable by up to five years in prison. There are no protections for LGBT rights in the country.

<span class="mw-page-title-main">LGBT rights in Hong Kong</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) people in Hong Kong may face legal challenges not experienced by non-LGBT residents.

<span class="mw-page-title-main">LGBT rights in Tonga</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Tonga face legal challenges not experienced by non-LGBT residents. Male homosexuality is illegal in Tonga, with a maximum penalty of 10 years imprisonment, but the law is not enforced.

<span class="mw-page-title-main">LGBT rights in Kiribati</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Kiribati face legal challenges not experienced by non-LGBT residents. Male homosexuality is illegal in Kiribati with a penalty of up to 14 years in prison, but the law is not enforced. Female homosexuality is legal, but lesbians may face violence and discrimination. Despite this, employment discrimination on the basis of sexual orientation has been prohibited since 2015.

<span class="mw-page-title-main">Equal Ground</span>


Equal Ground is a non-profit advocacy organization based in Colombo, Sri Lanka, that campaigns for political, social and civilian rights for lesbian, gay, bisexual, transgender (LGBT), intersex and queer individuals. The organization, established in 2004, is one of the first organization in Sri Lanka welcoming and advocating equality for people of all sexual orientations and gender identities.

<span class="mw-page-title-main">LGBT rights in Kerala</span>

Lesbian, gay, bisexual and transgender (LGBT) people in Kerala face legal and social difficulties not experienced by non-LGBT persons. However, Kerala has been at the forefront of LGBT issues in India after Tamil Nadu. It became one of the first states in India to establish a welfare policy for the transgender community and in 2016, proposed implementing free gender affirmation surgery through government hospitals. Same-sex sexual activity has been legal since 2018, following the Supreme Court ruling in Navtej Singh Johar v. Union of India. In addition, numerous LGBT-related events have been held across Kerala, including in Kochi and Thiruvananthapuram. However, there is also increasing opposition to LGBT rights recently as evidenced by the anti-LGBT campaigns spearheaded by meninist groups and Muslim organisations like Indian Union Muslim League, Samastha and Jamaat-e-Islami.

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'.

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

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.

References

  1. 1 2 Han, Enze (3 May 2018). British Colonialism and the Criminalization of Homosexuality. Routledge. ISBN   9781351256186.
  2. 1 2 Home Office; Country Policy and Information Team (CIPIT) (October 2018). Country Policy and Information Note Sri Lanka: Sexual orientation and gender identity and expression (PDF) (Report). Government of the United Kingdom. Version 3.0. Archived from the original on 25 July 2019. Retrieved 1 February 2022. ...hate crimes are a common occurrence in Sri Lanka, where the victims have been targeted on account of their sexual orientation, gender identity or expression. Examples of such incidents include death threats, sexual assault, rape, physical attacks, as well as emotional and psychological abuse by public and private actors.
  3. ↑ "Sri Lanka: Forced Anal Exams in Homosexuality Prosecutions". Human Rights Watch. 20 October 2020. Retrieved 1 February 2022.
  4. ↑ "Country policy and information note: sexual orientation and gender identity, Sri Lanka, November 2021 (accessible version)". GOV.UK. Government of the United Kingdom. …homosexuality in Sri Lanka is definitely an offence, but conceded that it is indeed open to interpretation… Homosexuality, among other things, comes under "unnatural offences" or acts of a sexual nature that go against nature, as per section 365 of the Penal Code. According to Kularathne, however, no cases have been reported of anyone actually being prosecuted for being gay…
  5. 1 2 3 4 'All Five Fingers Are Not the Same': Discrimination on Grounds of Gender Identity and Sexual Orientation in Sri Lanka (Report). Human Rights Watch. 15 August 2016. Archived from the original on 20 June 2019. Retrieved 11 May 2021.
  6. 1 2 3 4 5 i-Probono. Beyond Gender: The South Asian experience (Report). Archived from the original on 30 December 2020. p. 120: The Magistrate recognised D's gender recognition certificate and the validity of his marriage. It was also accepted that no surgical interventions are required to legally recognise someone's gender identity under Sri Lankan law. The case was dismissed.
  7. ↑ "Sri Lanka's legislative skullduggery without judicial review at 'committee stage' exposed". EconomyNext. 25 October 2020. Retrieved 2 May 2024.
  8. 1 2 3 4 "Road to reform- LGBTIQ rights in Sri Lanka". themorning.lk. 16 September 2018. Archived from the original on 23 January 2019. Retrieved 23 January 2019.
  9. 1 2 "Sri Lanka will decriminalise homosexuality, official vows". LGBTQ Institute. 26 November 2017. Retrieved 12 December 2022.
  10. 1 2 3 Lavers, Michael K. (12 September 2022). "Sri Lanka president says government will not oppose decriminalization bill". Washington Blade. Archived from the original on 24 February 2024. Retrieved 26 May 2024.
  11. 1 2 3 4 Rajapaksa, Gotabaya (1 March 2021). "Today is #ZeroDiscriminationDay. As the President of #Ika I am determined to secure..." Twitter. Retrieved 27 September 2021.
  12. ↑ "For 'Mind and Soul': Sri Lanka Eases Way To Legal Recognition of Transgender People". Global Press Journal. 18 December 2016. Retrieved 11 February 2023.
  13. 1 2 3 4 Malalagama, A. S. (December 2017). "The Shifting Landscape of Gender Identity and the Situation in Sri Lanka". Sri Lanka Journal of Sexual Health and HIV Medicine. 3: 45. doi: 10.4038/joshhm.v3i0.63 . On ... 15 November 2017 the UN reviewed Sri Lanka's record on human rights and made recommendations to amend sections 365 and 365A of the Penal Code, which targets Lesbian, Gay, Bisexual, Transgender, Intersex and Questioning (LGBTIQ) people in consensual, adult relationships. In response to issues raised, Deputy Solicitor General underlined the government's commitment to reforming Sri Lanka's penal code to ensure that it meets international human rights standards.
  14. ↑ "Sri Lanka | Outright International". outrightinternational.org. Retrieved 11 February 2023.
  15. 1 2 A.L. De Silver. "Homosexuality and Theravada Buddhism". Buddha Net's Magazine Articles. Archived from the original on 7 May 2024. Retrieved 26 May 2024.
  16. ↑ Casey (7 June 2016). "Queer in the Age of the Queen: Gender and Sexuality of the Mid Modern Period in Victorian England and North America". Molly Brown House Museum. Retrieved 1 January 2024.
  17. ↑ Perera, H.R. (2007). "Buddhism in Sri Lanka: A Short History". Access to Insight. Archived from the original on 10 February 2024. Retrieved 26 May 2024.
  18. 1 2 "Chapter 19 Penal Code" (PDF). Democratic Socialist Republic of Sri Lanka. Archived from the original (PDF) on 6 December 2019. Retrieved 11 May 2021.
  19. ↑ "Full text: Supreme Court judgment on Section 377". The Times of India. 6 September 2018. Archived from the original on 26 January 2019. Retrieved 26 January 2019.
  20. ↑ "Repeal Colonial Era Laws that Entrench Discrimination and Perpetuate Violence". 22 January 2017. Archived from the original on 3 February 2018. Retrieved 26 January 2019.
  21. ↑ "University of Minnesota Human Rights Library". hrlibrary.umn.edu. Archived from the original on 13 September 2018. Retrieved 26 January 2019.
  22. ↑ Cooray, LJM (1974). "The reception of Roman-Dutch law in Sri Lanka". The Comparative and International Law Journal of Southern Africa. 7 (3): 295–320. ISSN   0010-4051. JSTOR   23242905.
  23. 1 2 3 Fonseka, Piyumi (6 July 2018). "Removing barriers for LGBT + people in Sri Lanka". Daily Mirror. Archived from the original on 7 January 2022.
  24. ↑ "Sri Lanka LGBTI Resources: Rights in Exile Programme". refugeelegalaidinformation.org. Archived from the original on 25 January 2019. Retrieved 26 January 2019.
  25. 1 2 3 4 OAI staff (20 October 2014). "Sri Lanka Government Says LGBT Rights Are Constitutionally Protected". OutRight Action International (OAI). Archived from the original on 22 January 2019. Retrieved 27 January 2019.
  26. ↑ "Rapid Situation Assessment of Transgender Persons in Sri Lanka" (PDF). Institute for Participatory Interaction in Development. December 2016. Archived from the original (PDF) on 29 November 2018. Retrieved 11 May 2021.
  27. ↑ Wijayath, Aruni. "Sexual Diversity and Gender Identity in Sri Lankan Perspective" (PDF). Archived from the original (PDF) on 27 January 2019. Retrieved 27 January 2019.
  28. ↑ "Human Rights Violations Against Lesbian and Bisexual Women in Sri Lanka: A Shadow Report" (PDF). Equal Ground. June 2016. Archived from the original (PDF) on 27 January 2019. Retrieved 11 May 2021.
  29. ↑ "The Constitution of the Democratic Socialist Republic of Sri Lanka" (PDF). Parliament Secretariat. 2008. Archived from the original (PDF) on 20 June 2019. Retrieved 11 May 2021.
  30. ↑ "Custom report Excerpts: Sri Lanka". U.S. Department of State. Retrieved 11 May 2021.
  31. ↑ "Responses to Information Requests: LKA103948.E" (PDF). Immigration and Refugee Board of Canada. 13 January 2012. Archived from the original (PDF) on 20 June 2019. Retrieved 11 May 2021.
  32. 1 2 3 4 5 Wimalasiri vs. Officer-in-Charge, Police Station, Maradana & Honourable Attorney General, District Court of the Democratic Socialist Republic of Sri LankaSC Appeal No.32/11 – [SC SPL LA No. 304/2009 HCMCA no. 595/04 No. 7923/C ], pp. 11–12(Supreme Court of Sri Lanka30 November 2016),archived from the original on 20 June 2019.
  33. ↑ "UNHCR Web Archive". webarchive.archive.unhcr.org. Retrieved 15 April 2024.
  34. ↑ Keown, Damien (June 2005). "Sexuality". Buddhist Ethics: A Very Short Introduction. Archived from the original on 6 February 2024. Retrieved 26 May 2024.
  35. ↑ "Pali canon". Britannica. Archived from the original on 23 May 2024. Retrieved 26 May 2024.
  36. ↑ "Male Homosexuality and Transgenderism in the Thai Buddhist Tradition". buddhism.lib.ntu.edu.tw. Retrieved 4 April 2024.
  37. ↑ Jackson, P. A. (1995). "Thai Buddhist accounts of male homosexuality and AIDS in the 1980s". The Australian Journal of Anthropology. 6 (3): 140–153. ISSN   1035-8811. PMID   12291560.
  38. ↑ "Changing Sex or Changing Gender in Pāli Buddhist Literature". The Scholar & Feminist Online. 26 March 2017. Retrieved 4 April 2024.
  39. ↑ "Cunda Kammaraputta Sutta" [To Cunda the Silversmith]. Translated from the Pali by Thanissaro Bhikkhu. Access to Insight. 1997. AN 10.176. Retrieved 14 March 2011. Abandoning sensual misconduct, he abstains from sensual misconduct. He does not get sexually involved with those who are protected by their mothers, their fathers, their brothers, their sisters, their relatives, or their Dhamma; those with husbands, those who entail punishments, or even those crowned with flowers by another man{{cite web}}: CS1 maint: others (link)
  40. ↑ 優婆塞經 Archived 2017-02-18 at the Wayback Machine (Upāsaka Sutra from Madhyam āgama):復次，舍梨子！白衣聖弟子離邪婬、斷邪婬，彼或有父所護，或母所護，或父母所護，或兄弟所護，或姉妹所護，或婦父母所護，或親親所護，或同姓所護，或為他婦女，有鞭罰恐怖，及有名雇債至華鬘親，不犯如是女。彼於邪淫淨除其心，白衣聖弟子善護行，此第三法
  41. ↑
    • Ajahn Punnadhammo. "Same Sex Marriage". The lay man is told to abstain from sex with "unsuitable partners" defined as girls underage, women betrothed or married and women who have taken vows of religious celibacy. This is clear, sound advice and seems to suggest that sexual misconduct is that which would disrupt existing family or love relationships. This is consonant with the general Buddhist principle that that which causes suffering for oneself or others is unethical behaviour. ("Unskillful behaviour" would be closer to the original.) There is no good reason to assume that homosexual relations which do not violate this principle should be treated differently.
    • Somdet Phra Buddhaghosacariya (1993). Uposatha Sila The Eight-Precept Observance.There are four factors of the third precept (kamesu micchacara)
    1. agamaniya vatthu — that which should not be visited (the 20 groups of women).
    2. asmim sevana-cittam — the intention to have intercourse with anyone included in the above-mentioned groups.
    3. sevanap-payogo — the effort at sexual intercourse.
    4. maggena maggappatipatti — sexual contact through that adhivasanam effort.
  42. ↑ "LankaWeb – The Psychological Impact of Homophobia in Sri Lanka" . Retrieved 4 April 2024.
  43. ↑ Nakano, Tenshin (1981). "A Study of the Upasakajanalankara". Journal of Indian and Buddhist Studies (Indogaku Bukkyogaku Kenkyu). 30 (1): 122–123. doi:10.4259/ibk.30.122.
  44. ↑ Young, Jonathan (31 August 2011). Adornments Of Virtue: The Production Of Lay Buddhist Virtuosity In The Upasakajanalankara (Thesis). hdl:1813/30661.
  45. ↑ "Criminalization or Same Sex Sexual Behavior" (PDF). Equal Ground. Archived from the original (PDF) on 20 June 2019. Retrieved 11 May 2021.
  46. ↑ "The story of Sri Lankan gays". BBC. 20 May 2005. Archived from the original on 16 November 2019. Retrieved 14 November 2019.
  47. ↑ Perera, Kaushalya (2005). "Young, Lesbian, Or Activist? Or All?". Isis Women. Archived from the original on 26 July 2020. Retrieved 7 August 2020.
  48. ↑ O'Neil, Shannon Leigh (26 September 2013). "Fighting for Equal Ground in Sri Lanka". Go Magazine. Retrieved 7 August 2020.
  49. ↑ "Asgiriya Chapter calls for the right to equality for LGBT | Sri Lanka Brief". srilankabrief.org. Archived from the original on 13 May 2019. Retrieved 5 October 2018.
  50. ↑ Thamilmaran, Mathuri (30 March 2021). "Ensuring equality and non-discrimination for lesbian, gay, bisexuals and transgender people Daily FT". Daily FT www.ft.lk. Retrieved 3 March 2021.
  51. ↑ EN staff reporter (19 August 2021). "Sri Lanka College of Psychiatrists says homosexuality no illness, calls for decriminalisation". EconomyNext.
  52. ↑ Huang, Sneha Gubbala, Jacob Poushter and Christine (27 November 2023). "How people around the world view same-sex marriage". Pew Research Center. Retrieved 15 June 2024.{{cite web}}: CS1 maint: multiple names: authors list (link)
  53. ↑ "Survey shows 72% of Sri Lankans do not support laws that punish LGBT people". Newswire. 16 September 2022. Retrieved 3 July 2024.
  54. ↑ "Sri Lanka Launches First Ever LGBT+ Series Highlighting The Stories Of LGBT+ Sri Lankans". myGwork. 16 June 2020. Retrieved 30 September 2024.
  55. ↑ "Decriminalising same-sex activity: Dolawatte hopeful of majority MPs' support". Latest in the News Sphere | The Morning. 22 March 2024. Retrieved 30 September 2024.
  56. 1 2 3 4 "Decriminalising homosexuality: Political support for amendments still unclear". Latest in the News Sphere | The Morning. 16 April 2023. Retrieved 30 September 2024.
  57. ↑ "Newly-appointed Central Province Governor pays homage to Temple of the Sacred Tooth Relic - Sri Lanka News|News 1st|Sirasa News|Politics|Weather|Sports|Breaking News|Latest News". web.archive.org. 20 June 2018. Retrieved 30 September 2024.
  58. ↑ "In a first, Sri Lankan President acknowledges LGBT rights | Daily FT". www.ft.lk. Retrieved 30 September 2024.
  59. ↑ "Sri Lanka may decriminalise homosexuality — being gay is a crime in these countries - CNBC TV18". CNBCTV18. 12 September 2022. Retrieved 30 September 2024.
  60. ↑ "Mangala, the lone politician who stood for LGBTQ rights: Buddika Pathirana - Breaking News | Daily Mirror". www.dailymirror.lk. Retrieved 30 September 2024.
  61. ↑ "Human rights violations against LGBTIQ individuals in Sri Lanka" (PDF). ILGA. Equal Ground. Archived (PDF) from the original on 20 June 2019. Retrieved 9 October 2018.
  62. ↑ "Sodomy Laws, Sri Lanka". galpn.org. Archived from the original on 20 August 2008. Retrieved 5 February 2011.
  63. 1 2 "Penal Code of Sri Lanka" (PDF). UMN.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  64. ↑ "Road to reform – LGBTIQ rights in Sri Lanka". The Morning - Sri Lanka News. 16 September 2018. Retrieved 23 January 2019.
  65. ↑ Power, Shannon (17 November 2017). "Sri Lanka promises to decriminalize homosexuality and to protect LGBTI people". Gay Star News. Archived from the original on 5 June 2019. Retrieved 17 November 2017.
  66. ↑ "The battle against homophobia in Sri Lanka". Sunday Observer. 22 September 2018. Archived from the original on 18 June 2019. Retrieved 7 October 2018.
  67. ↑ bugsbunny (11 September 2022). "Government will not oppose Bill on LGBTQ+ rights". Colombo Gazette. Retrieved 11 February 2023.
  68. ↑ "Sri Lanka Supreme Court clears path to decriminalize homosexuality". CNN. Reuters. 10 May 2023. Retrieved 10 May 2023.
  69. ↑ https://www.usnews.com/news/best-countries/articles/countries-where-same-sex-marriage-is-legal
  70. ↑ https://www.pewresearch.org/short-reads/2023/11/27/how-people-around-the-world-view-same-sex-marriage/
  71. ↑ "EQUAL GROUND – Sri Lanka commits to human rights protections for LGBTIQ people before the UN". equal-ground.org. Archived from the original on 26 January 2019. Retrieved 25 January 2019.
  72. ↑ Hannan, Sarah (16 September 2018). "Road to reform – LGBTIQ rights in Sri Lanka". The Morning - Sri Lanka News. Retrieved 28 March 2022.
  73. ↑ CTNews staff reporter (6 August 2020). "Medical professional's LGBTIQA+ remarks: Activists up in arms". CeylonToday.
  74. ↑ Sal, Adam (19 January 2018). "Sri Lanka Keeps Homosexuality A Crime, But Bans Anti-LGBT Discrimination". LOGO News: New Now Next. Archived from the original on 20 June 2019. Retrieved 11 May 2021.
  75. ↑ Knight, Kyle (25 March 2022). "UN Body Condemns Sri Lanka's Criminalization of Same-Sex Acts". LNW. Archived from the original on 29 March 2022. Retrieved 29 March 2022.
  76. ↑ Equal Ground staff (8 December 2021). "Court Of Appeal grants leave to proceed with EQUAL GROUND's Writ petition against Police, Ama Dissanayake over homophobia and discrimination *BREAKING NEWS*". EQUAL GROUND, Sri Lanka.
  77. ↑ FT Staff (11 December 2021). "Appeal Court grants leave to proceed with Equal Ground's writ petition". Daily FT. Retrieved 28 March 2022.
  78. ↑ Human Rights Commission of Sri Lanka (HRCSL) (2016). "Issuance of gender recognition certification to enable transgender persons to change personal documentation". Human Right Commission of Sri Lanka.
  79. ↑ Dr. P.G. Mahipala, Director General of Health Services; Ministry of Health, Nutrition and Indigenous Medicine (16 June 2016), "Issuing of Gender Recognition Certificate for Transgender Community - Circular no. 01-34/2016" (PDF), Ministry of Health Circulars,

    Ministry of Health, Nutrition and Indigenous Medicine has decided to establish services for transgender communities in every institution, with capacity of specialist psychiatric care (Consultant Psychiatrist).

    When a person requests service, the responsible consultant psychiatrist will provide the care which includes assessment, counseling and issuing a Gender Recognition Certificate (GRC) to assist with the process of changing the sex on a birth certificate. The certificate could be issued only to those above 16 years of age and it will indicate the desired gender as to be shown in birth certificate.
  80. ↑ "Issuance of gender recognition certificate to enable transgender persons to change personal documentation". South Asians for Human Rights. Retrieved 28 March 2022.
  81. ↑ United Nations Development Programme; Asia-Pacific Transgender Network (2017). Legal Gender Recognition: A Multi-Country Legal and Policy Review in Asia (Report). pp. 9–10.
  82. ↑ Several sources:
  83. ↑ Chamara, Sumudu (28 February 2021). "Forcefully changing identities and orientations: Conversion therapy or coercion therapy?". The Morning - Sri Lanka News.
  84. ↑ Home Office (November 2021). "6.5 Conversion Therapy". Country policy and information note: sexual orientation and gender identity, Sri Lanka (Report). GOV.UK. (accessible version). Archived from the original on 7 April 2022. Retrieved 15 July 2022.
  85. ↑ "Sri Lanka opposition MP tables private motion to ban conversion therapy". EconomyNext . 12 March 2022. Retrieved 24 September 2024.
  86. ↑ "Anti-'conversion therapy' Bill: SJB MP bemoans lack of Govt. support". The Morning (Sri Lanka) . 4 July 2024. Archived from the original on 24 September 2024. Retrieved 24 September 2024.
  87. 1 2 "Donate Blood". nbts.health.gov.lk. Archived from the original on 24 January 2019. Retrieved 21 January 2019.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.