Women and Child Rights advocates come forward to support decriminalisation of homosexuality and challenge “false and fictitious” petition of SLPP political activist Jehan Hameed and Shenali Waduge. 

Several intervening petitions have been filed at the Supreme Court supporting MP Premnath Dolawatte’s Private Members Bill that decriminalise same sex consensual relationships. 

The intervening petitioners have submitted that if the proposed Bill is enacted by Parliament that it will remedy a long-standing injustice against the LGBT community.

The intervening petitioners include former Vice Chancellor of the University of Colombo, Prof. Savithri Gunasekara; former Human Rights Commissioner, Ramani Muttetuwegama; former Chairperson of the National Child Protection Authority, Natasha Balendra; former Chairperson of the Human Rights Commission of Sri Lanka and former UN Undersecretary General for Children Radhika Coomaraswamy; Child Rights Activist Dr. Tushara Wickremanayaka; Executive Director of the Family Planning Association (“FPA”), Thushara Ranasinghe; Director of Advocacy of the FPA and former Child Protection Advisor at Save the Children and Coordinator for the National Partnership to End Violence Against Children, Sonali Peiris; Programme Officer for HIV Services in South East Asia, Jake Oorloff; Equality Director of iProbono, Aritha Wickramasinghe; Executive Director of the National Transgender Network, Bhoomi Harendran and LGBT Human Rights organisation Equal Ground.

President’s Counsels Sanjeewa Jayawardena and Dilrukshi Wickremasinghe and Attorneys-At-Law Thishya Weragoda and N.K. Ashokbaran are among the senior lawyers representing the intervening-petitioners. 

Penal Code adequately protects children from abuse

The intervening-petitions all dismiss the submissions made by SLPP political activist Jehan Hameed, Shenali Waduge and Athula De Silva that the Penal Code amendment bill will expose children to child abuse. 

There are sufficient provisions in the Penal Code to protect children from abuse, including the following sections, none of which are being amended or repealed:

1. 286A “Obscene Publication exhibition relating children”;
2. 288A “Hiring or employing children to act as procurers”;
3. 288B “Hiring or employing children to traffic in restricted articles”;
4. 360B “Sexual Exploitation of Children”;
5. 360E “Soliciting of a child”;
6. 363 “Rape”; and
7. 365B “Grave Sexual Abuse”.

Furthermore, the petitioners have argued that Section 365B of the Penal Code defines “Grave sexual abuse” as “any act” done for sexual gratification “by the use of [his] genitals or any other part of the human body or any Instrument on any orifice or part of the body of any other person”, clearly demonstrating that the laws are sufficient to cover all aspects of sexual abuse done by a person to a child. Section 365B includes any form of touch, including touch with hands, of any part of the victim’s body; oral rape; anal rape, etc. These provisions cover all forms of sexual abuse and exploitation of children irrespective of gender or sexual orientation.

Therefore, the allegations that decriminalisation of LGBT people will expose children to abuse with no legal recourse is malicious, unfounded and a lie. It recycles the unfounded myth that LGBT people are child predators, despite statistics showing that the overwhelming majority of child sexual abuse is committed by heterosexual men. 

“Baseless, false and fictitious” myths of HIV/AIDS

The Family Planning Association has argued that Jehan Hameed and Shenali Waduge’s attempt to create a “nexus between decriminalization of homosexuality, and HIV/STI is unscientific, baseless, false, and fictitious.”

The Intervening-Petitioners state that, “using HIV/AIDS to fearmonger people against homosexuality is an old, and outdated propaganda technique”.

Several of the intervening-petitioners, including the Family Planning Association have argued that “punitive laws have been shown to block HIV service access and increase HIV risk. Countries such as Sri Lanka, that criminalize key populations saw less progress towards HIV testing and treatment targets.” They further argued that “decriminalization is a critical element to end AIDS by 2030.”

The intervening-petitioners also informed the Court that the National HIV/STI Strategic Plan for Sri Lanka as prepared by the Ministry of Health’s STD/AIDS Control Programme support decriminalisation of homosexuality and LGBT people by stating that “…the two Penal codes criminalize same sex relations and create a barrier to MSM  [men who have sex with men] and TG [transgender persons] accessing HIV/STI services. In order to prevent HIV among these groups it will be important to advocate for revisiting laws that impede service uptake…”

Several religious leaders support the LGBT community

The intervening petitions also highlight that several Buddhist and Christian leaders have expressed their support for the LGBT community and their rights. Recently, Pope Francis made a statement that laws that criminalise LGBT people are a sin and that countries must repeal laws that criminalise LGBT people. 

SLPP political activists Jehan Hameed, journalist Shenali Waduge and former Brigadier Athula De Silva, filed a petition in the Supreme Court challenging the Constitutionality of the Penal Code (Amendment) Bill. The Bill, proposed by MP Premnath Dolawatte, aims to amend and repeal parts of Sections 365 and 365A of the Penal Code. These laws have been overwhelmingly used to criminalise the lives of LGBT people, including subjecting them to forced anal and vaginal examinations by the State. 

The Ministry of Health in Sri Lanka has announced that the issue of medicine shortages in the country is gradually easing. According to Dr. Saman Rathnayake, the Additional Secretary, there were over 170 types of medicines in short supply in the country about a month ago. However, the number of drugs in shortage has reduced to less than 100 as of now.

Dr. Rathnayake also revealed that provisions have been made to purchase 60 types of drugs that are currently in short supply in hospitals.

The shortage of medicines has been a major concern in Sri Lanka, with reports of patients struggling to access essential drugs. The Ministry of Health has been working to address the issue, including through increased imports of medicines and efforts to increase local production.

While there is still progress to be made, the recent developments offer hope that the situation is improving for patients in need of medical treatment.

A Sri Lankan national returning from India has been arrested at the Bandaranaike International Airport (BIA) in Katunayake for possession of a significant amount of narcotic pills. The arrest was made on Tuesday (April 18) following a tip-off received by the Police Narcotic Bureau’s sub-unit stationed at the airport.

According to the police, the suspect had 60,460 narcotic pills weighing up to 34kg, which had been hidden inside hair dye packets. The 40-year-old, a resident of Rajawella area in Digana, was taken into custody after the police found the contraband during a search of his luggage at the airport’s arrival terminal.

The suspect was produced before the Negombo Magistrate’s Court on Tuesday, and the police have obtained a seven-day detention order to interrogate him further. The Police Narcotics Bureau is conducting an investigation into the incident.

This latest arrest highlights the continuing battle against drug trafficking in Sri Lanka. Authorities are working to curb the flow of narcotics into the country, and this latest incident is a testament to their efforts.

Separate operations conducted by the Navy in the sea areas of Mamunai and Chundikulam, Jaffna on 16th and 17th April 2023 led to the apprehension of 12 persons engaged in illegal night diving and light-coarse fishing. During the operations, the Navy also seized 03 dinghies and unauthorized fishing gear used for these illegal acts.

The Navy conducts regular operations in the coastal and sea areas of the island in order to suppress illegal fishing activities performed by people with scant regard towards responsible fishing practices. As an extension of these efforts, the Naval Detachment Mamunai belonging to the Veththalakerni Naval Deployment in the Northern Naval Command deployed naval craft and conducted a special operation off Mamunai on 16th April. The operation led to the apprehension of 04 persons engaged in illegal diving activities to catch fish and seizure of 01 dinghy and unauthorized fishing gear.

Meanwhile, a group of Navy Marines attached to Naval Detachment Chundikulam of the Naval Deployment Veththalakerni also carried out a special operation off Chundikulam on 17th April. During the operation, naval personnel nabbed 08 persons along with 02 dinghies and fishing gear for practising light-coarse fishing in the sea area .

The persons apprehended in these operations are residents of Mannar, Thalayadi, Puulayarkoilady, Pudukuduirippu and Anandapuram, who are from 28 to 59 years of age. The suspects along with their fishing equipment and dinghies were handed over to the Department of Fisheries and Aquatic Resources in Jaffna for onward legal action.

 SLNavy

A discussion pertaining to the future affairs of the Sectoral Oversight Committee on Religious Affairs and Co-Existence was held at the Committee meeting held under the Chairmanship of Hon. Upul Mahendra Rajapaksha recently.

Identifying the role, scope, future program and problems of the institutions under the Ministry of Buddhasasana, Religious and Cultural Affairs was taken into discussion at the Committee meeting held.

The Secretary to the Ministry Buddhasasana, Religious and Cultural Affairs, Mr.Somaratne Vidanapathirana and other officials expressed views at the meeting held. It was also disclosed that arrangements have been made to hold this year's National Vesak festival in Puttalam district as a joint program with the support of all religions.

Attention was paid to the upcoming programs and matters concerning pertaining to the Department of Buddhist Affairs, Department of Muslim Religious and Cultural Affairs, Department of Hindu Religious and Cultural Affairs, and Department of Christian Religious Affairs. There was also a discussion about the strengthening of the law necessary for the purpose of solving the problems related to all religions, preventing the existing cultural decline.

Hon. Upul Mahendra Rajapaksha, Chair of the Committee, said that the Sectoral Oversight Committee supports the activities necessary to solve the problems and strengthen the ministerial program and if necessary, the minister is also expected to be involved in the committee. Accordingly, it was decided to prepare a basic program on the issues that the committee is expected to focus on and to work in the future.

By: Isuru Parakrama

Colombo (LNW): The Cabinet has granted its approval for the proposed road map and timeline of the Ceylon Electricity Board (CEB) restructuring process, announced Power and Energy Minister Kanchana Wijesekara.

The Cabinet approval was granted yesterday (17) and the final draft of the new electricity act will be presented to Parliament for approval by the end of May, the Minister said in a Social Media remark.

He added that approval was also granted to establish a reform secretariat, obtain assistance of development agencies such Asian Development Bank (ADB), World Bank (WB), United States Agency for International Development (USAID), and Japan International Cooperation Agency (JICA) for the process, to conduct a financial and human resources audit and to complete the transition process by October 2023.

By: Isuru Parakrama

Colombo (LNW): The Centre for Environmental and Nature Studies (CENS) has raised strong concerns over the government’s decision to sell Toque macaques (Macaca sinica) monkeys to China, in a letter addressed to Gopal Baglay, the Indian High Commissioner to Sri Lanka, stating that the Sri Lankan government’s vaguely described justification over the action would be problematic.

“Macaca sinica is endemic only to the island of Sri Lanka, however they have a relationship with Hanuman langurs (Semnopithecus entellus) and purple-faced langurs (Trachypithecus vetulus), which are old-world monkeys native to the Indian subcontinent. Indians and Tamil Sri Lankans believe especially their ancient ancestors as gods,” CENS pointed out in its letter to the Indian High Commissioner.

Kovils and temples dedicated to Lord Hanuman bear witness to this country, the letter read, adding that the cultural aspects embodied with the existence of these creatures are valued by both Sri Lanka and India.

These species have also been listed as endangered according to the IUCN Red List because of deforestation, hunting, the pet trade and usage in the civil war of Sri Lanka, it added.

Denouncing the Sri Lankan government’s will to underestimate these roots, the CENS urges Mr. Baglay’s country, which considers monkeys are sacred, to intervene and protect these animals and not let “money sell God’s symbol and culture” to China.