Sri Lanka

Same-sex sexual activity is prohibited under the Penal Code 1883, which criminalises acts of ‘carnal knowledge against the order of nature’ and ‘gross indecency’. These provisions carry a maximum penalty of ten years’ imprisonment and a fine. Both men and women are criminalised under this law. In addition to potentially being captured by laws that criminalise same-sex activity, trans people may also face prosecution under an impersonation law with a maximum penalty of three years’ imprisonment and a fine.

The 1883 Penal Code was inherited from the British during the colonial period, in which the English criminal law was imposed upon Sri Lanka. Sri Lanka retained the law upon independence and continues to criminalise same-sex sexual activity today. Although the government has indicated support for repeal, the law remains in place.

There is substantial evidence of the law being enforced in recent years, with LGBT people being frequently subject to arrest. Reports by civil society organisations, activists, and police records suggest that numerous arrests take place each year, and those detained are often subjected to torture in the form of beatings and forced anal and vaginal ‘examinations’.

There is evidence that trans people are targeted specifically under the Vagrancy Ordinance and laws against impersonation. There have been consistent reports of discrimination and violence being committed against LGBT people in recent years, including assault, harassment, extortion, and the denial of basic rights and services.

2024

In June, the Women Empowerment Act was passed by Parliament, which establishes a National Commission for women and other mechanisms to secure women’s rights. Notably, the Act states that one of its objects is “to protect women from all forms of discrimination based on gender and sexual orientation” (emphasis added), which is the first time that the right to non-discrimination on the grounds of sexual orientation has been recognised in Sri Lankan legislation.

In the same month, the Supreme Court held that the Gender Equality Bill, which sought to enshrine in law equal opportunities to all “irrespective of differences in sex or gender identity”, is inconsistent with Article 12 of the Sri Lankan Constitution, which enshrines the right to equality. The court held that passing this bill could set a legal precedent for the decriminalisation of homosexuality and same-sex marriage, which would have “significant cultural and moral implications.” The court also held that recognising “persons with different gender identities” would violate the Constitution. 

2023

In February, the government announced its support for the repeal of the criminalising Penal Code provisions. Responding to recommendations made by Canada, Norway, the United Kingdom and the United States during Sri Lanka’s Universal Periodic Review before the United Nations, the Minister of Foreign Affairs stated that the Government would support a Private Members’ Bill which would decriminalise same-sex sexual intimacy.

In May, the Supreme Court declared in an opinion “that the Bill as a whole or any provision thereof is not [emphasis added] inconsistent with the Constitution”, therefore green-lighting the ongoing legislative process.

In November, the State gave an undertaking to the Court of Appeal that a police circular, which sets out guidelines limited to the police treatment of transgender persons, would be amended to extend protection to the broader community, following a case brought by the NGO EQUAL GROUND. The circular contains guidelines to the police in their interactions with and treatment of LGBT people.

2022

On 21 February, in a case brought by Rosanna Flamer-Caldera, Executive Director of EQUAL GROUND, supported by the Human Dignity Trust, the UN Committee on the Elimination of Discrimination against Women issued a ruling finding that the criminalisation of same-sex sexual activity between women is a violation of the widely ratified UN CEDAW treaty. It found that Ms Flamer-Caldera had been subjected to gender-based discrimination and violence by the Sri Lankan authorities, who had also breached her right to access to justice. The Committee urged Sri Lanka to decriminalise consensual same-sex sexual activity, and to take action to stop the threats, harassment, and abuse which Ms Flamer-Caldera is subjected to due to her identity.

In July, President Wickremesinghe implemented emergency regulations following the declaration of a state of emergency, which gave increased powers to police to search, detain, and arrest people suspected of committing certain offences. These included sections 365 and 365A, until they were removed in August.

In August, MP Premnath C. Dolawatte initiated a Private Members’ Bill which would amend sections 365 and 365A of the Penal Code and thus decriminalise same-sex sexual intimacy.

2017

In January, according to local media, the Cabinet rejected a proposal included in the Human Rights Action Plan that would seek to address discrimination based on sexual orientation, as some ministers considered that this would decriminalise same-sex sexual activity.

2016

The US Department of State report noted that police used the Vagrancy Ordinance to detain transgender individuals on the suspicion that they were engaging in prostitution, and section 399 to harass people who expressed themselves in gender non-conforming ways. However, criminal prosecutions under the criminalising legislation were rare.

In November, the Supreme Court, in considering a case challenging charges under gross indecency in terms of Section 365A of the Penal Code, affirmed the conviction of the lower courts, but held that a custodial sentence is not warranted as the acts were between consenting adults. However, while recognising that a custodial term of imprisonment is not commensurate with the offence that was committed, the court was of the view that the offenders “should be afforded an opportunity to reform themselves.”

2023

The US Department of State reported that arrests and prosecutions were rare, but that the law was used by police to assault and harass LGBT people.

ILGA World’s Identities Under Arrest report documented around 23 individual examples of criminal enforcement, along with 26 additional cases involving 48 people reported in official police statistics between 2016-2018. However, the report noted that this was likely a significant undercount.

2022

The US Department of State reported an incident in June in which two women were arrested after one of their fathers reported them to police for having an intention to get married. They were ordered to undergo psychiatric evaluation before being released.

In October, local NGO EQUAL GROUND and Human Rights Watch said that at least seven people had been subjected to forced physical ‘examinations’ since 2017 in an attempt to ‘prove’ same-sex conduct. The report cited a local lawyer who claimed to have represented six defendants accused of same-sex sexual activity in the previous year.

2021

According to the US Department of State report, the Colombo chief magistrate dismissed charges against three men under the anti-LGBT laws after the Attorney General informed police that they would not pursue the case. One of the men, a Swedish national, filed a case against police alleging torture and cruel, inhuman, and degrading treatment.

2019

In October, according to the US Department of State report, six people were arrested for same-sex sexual activity. While in detention they were subjected to physical abuse by authorities, including whipping with wires, and forced anal examination and HIV tests.

2023

In March, local LGBT NGO, Bridge to Equality, released a report recording 235 human rights violations against LGBT people in the previous two years. Police were the most frequent reported perpetrators, followed by medical professionals and municipal councils.

According to the US Department of State, in June, police recorded increased online threats to the LGBT community. Local organisations reported protestors attempting to disrupt pride events, but stated in most cases police diffused these attempts.

2022

In August, according to local media, the Magistrate’s Court, Gampaha district, Western Province, considered a case in which a 22-year-old lesbian woman was confined against her will, harassed, and subjected to forced conversion practices after she informed her parents of her sexual orientation. Her parents sought a declaration from the court that her sexuality meant that she was mentally ill, and that she should receive a psychiatric evaluation. Whilst the Interim Magistrate in March ordered her to be examined before the next hearing, this order was challenged by the lesbian woman by a revision order in the High Court of Negombo. When the case was called again before the Wattala Magistrate’s Court, the Magistrate dismissed this case after accepting that homosexuality is not a mental illness, and the woman had not committed any offence.

2021

A UK Home Office report on sexual orientation and gender identity policies in Sri Lanka summarised the widespread discrimination faced by LGBT people, including in employment, education, healthcare, and housing. They are subjected to hate speech online, emotional violence, and physical abuse.

2020

A report by the UN Special Rapporteur on freedom of religion or belief, following a visit to Sri Lanka, noted that LGBT people reported that religious teaching was a significant factor in the marginalisation of the community and led to deep personal struggles for those who had to attempt to reconcile their religious beliefs with their sexual orientation and gender identities.

2017

EQUAL GROUND, in its shadow report to the CEDAW Committee, described numerous cases of abuse, including:

• Arbitrary arrests and detentions and abuse and violent police behaviour: The report noted that Sri Lanka’s Vagrancy Order of 1842 is often used to harass, arrest and detain individuals on the basis of their appearance using the example of “masculine looking” women who are perceived to be lesbians. It also reported that police harass and extorted money and sexual favours from LGBT individuals and assaulted lesbian women across Sri Lanka.
• Violence against lesbians and bisexual women: The report noted that women who experience abuse from their partners in same-sex relationships couldn’t rely upon the Prevention of Domestic Violence Act, No.34 of 2005; where a woman does report these violations, they are exposed to harassment at the point of reporting.
• Forced marriage: The report states that Sri Lankan law does not protect LGBT individuals from being forced into heterosexual marriages. Lesbian and bisexual women are often coerced into marriage, and threatened with violence or removal of their property if they refuse.
• Discrimination in employment: The report highlighted that lesbian and bisexual women in Sri Lanka are often subject to discrimination in employment on the grounds of their sexual orientation. For instance, they are assigned the worst shifts,required to meet higher quotas than their peers, forced to dress against their gender identity and subject to sexual harassment and/or termination of their employment.

In another alternative report to the CEDAW Committee, a coalition of civil society organisations, including the Women’s Resource Centre, reported that “transgender women sex workers who are arrested are often kept overnight and forced to dress like men while in custody. They are often picked up by the police purely because they are transgender.”

The Women’s Media Collective also submitted a report to the CEDAW Committee addressing the discrimination of lesbians, bisexual women and transgender persons. Their report focused on, amongst other issues, the stereotypes and harmful practices towards LBT women and gender-based violence against LBT persons. The report concluded that the criminalisation of consensual adult same-sex behaviour and relationships makes LBT individuals vulnerable to abuse at many levels and prevents them from seeking redress for fear of penal repercussions.

2016

In August, Human Rights Watch launched a report that addressed discrimination on grounds of gender identity and sexual orientation in Sri Lanka. The report included anecdotal evidence from members of the LGBT community who had experienced discrimination and physical and sexual violence. One respondent, a 31-year-old lesbian, was repeatedly harassed and subjected to death threats by her girlfriend’s father in late 2007 but did not go to the police. She stated: “I’m a criminal in this country. What’s the point wasting time saying something when the laws are unequal and unjust? I just don’t want to be illegal.”

2012 

UNHCR reports that one gay rights group, Companions on a Journey, was forced to close following exposure in the press as a group “promoting homosexuality”. One member of the group, whose name was reported in the paper, was evicted by his landlord. The office of the organisation was searched by police, and a number of gay activists questioned for several hours.

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