By: Editor (LGBTIQ)
November 24, Colombo (LNW): Sri Lanka stands at a crossroads in its journey toward equality, justice, and human rights. With the recent election of a progressive new president and a parliament populated by many political figures who have long advocated for the rights of the LGBTQIA+ community, there is now a unique opportunity to address a deeply entrenched injustice: the criminalisation of consensual same-sex sexual relations between adults.
For decades, these laws have been used as a tool of persecution, stripping LGBTQIA+ individuals of their dignity, rights, and basic freedoms. It is time for Sri Lanka to right this wrong and decriminalise same-sex relations, a step that will not only protect the rights of LGBTQIA+ people but also strengthen the country’s commitment to human rights, equality, and justice for all.
Amongst elected key political figures who have been strong advocates for LGBTQIA+ rights are:
- Prime Minister Dr. Harini Amarasuriya, who has been an active voice for LGBTQIA+ rights on and off the House,
- Samagi Jana Balawegaya (SJB) Leader and Leader of the Opposition MP Sajith Premadasa,
- SJB MP Rohini Kaviratne, who has been an active voice for LGBTQIA+ rights on and off the House,
- SJB MP Dr. Harsha De Silva,
- SJB MP Harshana Rajakaruna,
- National Peoples Power (NPP) MP Wasantha Samarasinghe, who currently serves as the Minister of Trade, Commerce, Food Security and Cooperative Development,
- NPP MP Eranga Gunasekara, who currently serves as the Deputy Minister of Youth Affairs,
- United National Party (UNP) MP Jeevan Thondaman, whose support for LGBTQIA+ people comes in an intersectional approach with the rights of the plantation community,
- Sarvajana Balaya (SB) Leader MP Dilith Jayaweera, who categorically expressed support for LGBTQIA+ persons before entering politics
- Illankai Tamil Arasu Kachchi (ITAK) MP Shanakiyan Rasamanickam
- NPP MP Bimal Ratnayake, who currently serves as the Minister of Transport, Highways, Ports and Civil Aviation and Leader of the House of Parliament,
- NPP MP Attorney Harshana Nanayakkara, who currently serves as the Minister of Justice and is known to have provided legal support for LGBTQIA+ people,
- NPP MP K.D. Lal Kantha, who currently serves as the Minister of Agriculture, Lands, Irrigation and Livestock,
- NPP MP Dr. Kaushalya Ariyaratne, who has been vocal about LGBTQIA+ rights as a civil activist long before entering politics, and
- President Anura Kumara Dissanayake himself, the first leader of a political party to officially recognise LGBTQIA+ rights in Sri Lanka’s political history.
Their presence is a beacon of hope for the LGBTQIA+ community in Sri Lanka.
These leaders, who have long been outspoken advocates for LGBTQIA+ rights, now have the platform and power to effect real change. Their presence in parliament offers a unique opportunity to quash traditional and conservative ideologies, push forward progressive politics instead and begin the much-needed process of reform.
It is time for them to make good on their promises and take concrete steps to decriminalise same-sex relationships, a crucial aspect of securing fundamental rights for all Sri Lankans, irrespective of their sexual orientation or gender identity.
For decades, Sri Lanka has criminalised same-sex relations between consenting adults under Sections 365 and 365A of the Penal Code. These laws, which date back to colonial times, are interpreted to categorise consensual same-sex sexual activities between adults as “unnatural offences” and conduct of “gross indecency”, punishable by up to ten years in prison, despite failing to provide what unnatural or gross indecency means, or add provisions defining sexual orientation or gender identity.
The vague nature of these provisions paved the way for legal experts to argue that homosexuality in itself is not a crime. Nevertheless, these laws have served as a convenient tool for discrimination, harassment, and violence against LGBTQIA+ individuals, particularly gay people and transgender people. It has allowed law enforcement, politicians, and members of society to stigmatise and marginalise the LGBTQIA+ community, denying them basic human rights, such as the right to privacy, bodily autonomy, and freedom from discrimination.
The harm caused by this criminalisation is immeasurable. It has led to widespread societal discrimination, hate crimes, and mental health challenges, with LGBTQIA+ individuals being forced to live in fear of arrest, public shaming, and social exclusion. Many members of the community are forced to conceal their identities and live in the shadows, suffering in silence due to the fear of legal repercussions and societal rejection.
These laws have, for far too long, placed the lives of LGBTQIA+ people at risk, simply for loving whom they choose. This situation is unacceptable, particularly in a country that aspires to be a beacon of justice and human rights in the region.
In 2023, the Supreme Court delivered a historic determination affecting this population, asserting that a bill proposing decriminalisation of consensual same-sex sexual relations between adults does not violate the Constitution, and, therefore, can be made into law by the approval of the simple majority in Parliament. The response came countering the fundamental rights (FR) petitions brought forward by certain political groups against a private member’s bill presented by former MP Premnath Dolawatta proposing decriminalisation of consensual same-sex relations.
The Attorney General’s Department on four consecutive occasions (2014, 2017, 2019 and most recently, 2022) asserted before the United Nations that the provisions of Article 12 of the Constitution do recognise LGBTQIA+ rights, and any law criminalising them, therefore, would be unconstitutional.
With the new pro-LGBTQIA+ government now in power, it must act in the interest of the public and shall not forget that 1.5 million people of the population have recognised themselves within the LGBTQIA+ spectrum and are registered voters.
The decriminalisation of consensual same-sex relations is a crucial step in ensuring that LGBTQIA+ individuals are treated with dignity and respect. It is also essential for upholding Sri Lanka’s obligaton to international human rights treaties, including the Universal Declaration of Human Rights, which guarantees the right to privacy and non-discrimination.
Decriminalisation would send a clear message to the world that Sri Lanka is committed to embracing diversity and creating a more inclusive society, where all individuals, regardless of their sexual orientation or gender identity, are free to live openly and without fear of persecution.
Despite the probability of certain opposition factions from conservative and religious groups being vocal against the move, history has shown that progress often requires challenging outdated and harmful beliefs. With the Supreme Court’s backing and a regime – which has been outspoken for queer rights for years – now in power, the move is only a step away.
Just as Sri Lanka has made significant strides in advancing women’s rights, minority rights, and freedom of expression, it is time for the country to take the next step towards equality by recognising that love, in all its forms, is not a crime.
The newly elected members of parliament, particularly those who have long championed the rights of LGBTQIA+ individuals, must now demonstrate their commitment to justice by prioritising the decriminalisation of same-sex sexual relations. This is a moment for bold leadership and decisive action. They now have the power to change the lives of countless LGBTQIA+ individuals who have lived in fear for too long.
It is time for Sri Lanka to join the ranks of nations that respect and protect the rights of LGBTQIA+ citizens.
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