Thursday, February 13, 2025

Being queer in Sri Lanka

by damith
January 19, 2025 1:09 am 0 comment 595 views

By Pujanee Galappaththi

If you’ve followed the debates on the Gender Equality Bill and the Penal Code amendment to decriminalise same-sex relationships, you’re probably familiar with the social and cultural arguments surrounding the LGBTQ community in Sri Lanka. This week we focus on the legal context that affects this community.

The Legal Landscape

Mathuri Thamilmaran, National Legal Advisor of the International Commission of Jurists,

Said, “The Penal Code and Vagrants Ordinance are used to target LGBTQ individuals, access to justice is further hindered by prejudiced law enforcement, high litigation costs and limited legal protection. However, the Supreme Court’s 2023 recognition of decriminalising consensual same-sex relationships enhances a potential shift toward greater legal protection. However, the implementation of new Laws is vital to ensure equal rights for LGBTQ persons.”

Are queer people criminalised in Sri Lanka?

Mathuri Thamilmaran

Mathuri Thamilmaran

DimithriWijesinghe

Dimithri Wijesinghe

Sri Lanka’s Penal Code contains two key sections that affect LGBTQ people: Sections 365 and Section 365A: Deals with unnatural offences and imposes similar penalties.

These laws create fear and discrimination, forcing LGBTQ individuals into the margins of society.

Decriminalisation efforts

In 2023, repealing these discriminatory laws gathered momentum.Advocacy groups and human rights organisations engaged with the government to push for reforms. However, these efforts often hit roadblocks due to deeply entrenched cultural norms and conservative ideologies. Dimithri Wijesinghe, Attorney-at-Law and Advocacy Officer for the Women’s Solidarity Network, said,

“The reason why these laws prevail despite being inconsistent with the Constitution particularly article 12. It has been touted as the clause which provides for all citizens to be equal before the law and the reason 365,365A and other discriminatory clauses still prevail is article 16, which prevents the judicial review of colonial laws that are past that time.

Sri Lankan society is still largely conservative, although my personal opinion is in favour of upholding human rights obligations, and not opposed to equality.”

Social and institutional challenges

Even with ongoing advocacy, several hurdles remain: Cultural Stigma: Deep-rooted conservative values contribute to widespread discrimination, affecting LGBTQ individuals’ mental health, healthcare access, and overall wellbeing.

Lack of Legal Protection: There are few safeguards for LGBTQ individuals in employment, housing, and healthcare, leaving these communities vulnerable.

Violence and Harassment: The LGBTQ community face violence, harassment, and extortion. The legal environment for LGBTQ individuals in Sri Lanka is still difficult to navigate. Building an inclusive and supportive society will require effort.

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