LGBTQ rights in Sri Lanka

See also: Sexual minorities in Sri Lanka

LGBTQ rights in Sri Lanka
Sri Lanka
StatusIllegal 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 identityLegally permitted following medical vetting; surgical intervention not legally required[5][6]
MilitaryNo
Family rights
AdoptionNo

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]

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]

  1. ^ Cite error: The named reference stlaw was invoked but never defined (see the help page).
  2. ^ Cite error: The named reference uk cipit was invoked but never defined (see the help page).
  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. ^ a b Cite error: The named reference 5 fingers was invoked but never defined (see the help page).
  6. ^ Cite error: The named reference probono 2020 was invoked but never defined (see the help page).
  7. ^ "Sri Lanka's legislative skullduggery without judicial review at 'committee stage' exposed". EconomyNext. 25 October 2020. Retrieved 2 May 2024.
  8. ^ "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. ^ "Sri Lanka will decriminalise homosexuality, official vows". LGBTQ Institute. 26 November 2017. Retrieved 12 December 2022.
  10. ^ a b 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. ^ a b Cite error: The named reference :2 was invoked but never defined (see the help page).
  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. ^ 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.