Sexual minorities in Sri Lanka

Sexual minorities in Sri Lanka have been counted in recent times as consisting of as little as 0.035% of the population to as high as 19.6%. It is likely that there are around 1,100,000 LGBTQIA according to current mapping conventions.

A 135 year old British law criminalizing gay sex remains on the books, however the law has never been used and remains a dormant law. The US Department for Justice wrote that the police were "not actively arresting and prosecuting those who engaged in LGBT activity" and that the provisions have also reportedly not led to any convictions to date despite "complaints citing the provisions of the law [being] received by the police".

Sri Lanka has implemented anti-discrimination laws for homosexuals as part of its constitution and human rights action plan. It has recognized transsexuals for a very long time and has been making it easier for transsexuals to identify and convert in recent years.

History

The islanders views of homosexuality in ancient times can be pieced together from several archeological pieces, including records of homosexuality among kings and royal courts. Many European colonial correspondence account of the island's 'sinful' acceptance of homosexuality was written by Portuguese and Dutch invaders, characterizing the island's leaders as being frightening for allowing the act of sodomy, and even accounting that the elite themselves partook gay sex.

The first major incidence of homophobia in the country was when the British implemented the Indian Penal Code and applied the Section 377A (now Section 365A of the Sri Lankan Penal Code) to the island.

“On one hand, we are screaming about homosexuality being a Western import, when in fact it is the British laws that are a Western import, not homosexuality,”

— Flamer-Caldera, NBC News

In November 2016, Sri Lanka voted against a plan to get rid of the UN Independent Expert on violence and discrimination based on sexual orientation and gender identity at the United Nations General Assembly. The push to get rid of the UN expert failed 84-77. Sri Lanka along with Kiribati were the only two countries, where homosexuality is still criminalised, who voted against the proposal.

The conservative government later announced that the Constitution of Sri Lanka bans discrimination based on sexual orientation. It also updated its human rights action plan to advance further rights for LGBT. It was consequently followed by an anouncement from the Supreme Court of Sri Lanka that it would not be able to enforce the criminal law Section 365A if a case was brought before it.

Culture

Sri Lanka's two dominant religions, Hinduism and Buddhism, do not condemn homosexuality. The former talks about homosexuals using positive descriptions, including tips on how to have better homosexual sex in the Kama Sutra, while the latter's view on 'sexual misconduct' can affect liberal sexual activity among both heterosexuals and homosexuals.

Media

Flying with One Wing (තනි තටුවෙන් පියාඹන්න) (2002) – written and directed by Asoka Handagama, it features a Sri Lankan woman who passes for a man in the society and in her personal relationships.

Flower of Six Petals (සයපෙති කුසුම) is a movie about a same-sex male relationship. Some contemporary pop and hip-hop songs also features LGBTQ+ themes. For example, "Red Lips" (අසම්මත පෙමක්-රතු තොල්) by A Jay can be considered a pop song featuring a queer theme.

Festivals

Colombo PRIDE has been held in the capital of Sri Lanka for the past 12 years, and is primarily hosted by Equal Ground. PRIDE in Sri Lanka is currently on a small scale due to the current political climate coupled with the oppressive laws against LGBTQ persons. PRIDE celebrations take place as a private, yet also very public, event attended by people from all over Sri Lanka. The PRIDE festival in Sri Lanka has grown each year, and a diverse range of events are held to encourage the queer community to come out. It is also considered an educational and sensitizing event where the message of diversity is addressed in a holistic way paving for better understanding and acceptance of the queer community by the larger Sri Lankan population. Events usually include workshops, dramas/shows/musicals, film festivals, art & photo exhibitions, parties and a kite festival.

PRIDE has faced difficulties by the Colombo Municipal Council and the local police when attempting to obtain permission to hold its events. They have also received threats of violence by radical groups.

Politics

Human Rights and Legalities

Sex	*	Section have never been enforced and complaints are ignored by police. The Supreme Court has advised that the law is unenforcable at the court.
Anti-Discrimination Laws	Y	As part of the constitutional protections against discrimination and the seperate human rights action plan.
Transsexuals	Y
Military Service	N
Third Gender	N
Blood Donations	N	A number of groups are excluded from blood donation along with homosexuals if the group is considered high risk.

Political Parties

UNP (Sri Lanka)

It's widely held that the homosexuality of the party's leader is an open secret. Ranil Wickremesinghe was the victim of accusations that he abused his power to seduce younger party members into having homosexual sex with him, which they allege is driving parents to keep their children away from the party's promotional activities. This might reflect the ethos of the party and its voter base as a whole.

Mangala Samaraweera is an openly gay politcian serving as the country's Ministry of External Affairs on behalf of the UNP.

Being gay is totally fine. Even in Sri Lanka you can be gay, as long as you marry a woman. I think this is horrible (girls I know have married gay guys in arranged marriages and it was predictably terrible and short lived). What I mean is that being homosexual is fine even if it’s not accepted by some cultures. Sexual harassment and assault is not fine in any abstraction.

— Indi Samarajiva, Colombo Telegraph

In November 2017, Deputy Solicitor General Nerin Pulle stated that the government would move to decriminalize same-sex sexual activity.

UPFA (Sri Lanka)

The party had used homophobic slurs in parliament against the UNP whilst openly gay Mangala Samaraweera was speaking.

Persecution

Homosexuality remains a taboo subject and they are often associated with pedophiles due to several scandals and "anti-gay groups ... brand all lesbian, bisexual, transgendered persons as ‘perverts’ and criminals". Many "individuals are denied access to health services, education and employment and the ability to participate in social and public life".

The United States Department for Justice wrote that the police were "not actively arresting and prosecuting those who engaged in LGBT activity" and that the provisions have also reportedly not led to any convictions to date despite "complaints citing the provisions of the law [being] received by the police".

Social Issues

Conversion therapy

Some private clinics in Sri Lanka claim to be able to "cure" patients of their homosexuality, although the World Health Organization does not view homosexuality to be a mental illness. Conversion therapy is a harmful and unscientific intervention that can cause significant mental distress to those who undergo it. Groups such as "Companions On A Journey" and "Equal Ground" are helping to educate the public on the dangers of such harmful practices.

HIV/AIDS

While HIV/AIDS is not only a public health problem for LGBT people, the HIV/AIDS pandemic has helped to open up a more public debate about gender roles and human sexuality in Sri Lanka. The high levels of poverty, combined with the stigma associated with the disease and conservative cultural mores, has made it difficult to implement comprehensive prevention programs and to offer life-saving treatment to those people already infected.

Initially, during the late 1980s–1990s, the Sri Lanka Government tended to ignore the pandemic. This may have been because of the political instability in the Government during the Civil War, or because of the taboo nature of the pandemic scaring off government officials. It was not until the early part of the twenty-first century that a national HIV/AIDS policy was developed in Sri Lanka.

As of 2017, a National AIDS Council has been established, the Government formally recognizes the United Nations World AIDS Day, more public education about the disease is available and efforts are being made to combat the prejudice people living with HIV/AIDS face in the workplace.

Gender identity and expression

While there are some traditional transgender practices associated with certain rituals, transgender people are victims of harassment and discrimination. The term ponnaya (පොන්නයා) is a defamatory term often used against transgender people or effeminate men.

A patient who wishes to undergo sex reassignment surgery (SRS) must consult a psychiatrist for an initial evaluation. If the person is deemed to be of sound mental status, an official letter endorsing this can be issued. The patient can now start to undergo necessary hormone therapy prior to any surgical intervention. It can often be troublesome to find therapists who are understanding of transgender issues.

A major hindrance to most transgender individuals is that the island lacks any public or private hospitals that are able to perform SRS. The high costs of obtaining private treatment abroad can often be a strong deterrent from finishing the transition process.

It is currently possible for transgender individuals to obtain a new identity card from the Department of Registrations of Persons that is concordant with their gender identity, upon the provision of correct documentation to the department. However, many transgender individuals complain that they are unable to obtain the required documents (mainly medical notes) and therefore cannot register themselves for a new ID.

Personalities

Mangala Samaraweera is an openly gay politcian serving as the country's Ministry of External Affairs on behalf of the conservative UNP.

See Also

Tamil Sexual Minorities