LGBTQ rights in Sri Lanka
 | This article's factual accuracy may be compromised due to out-of-date information. The reason given is: The article is out-of-date and best be merged into [Sexual minorities in Sri Lanka]. (September 2018) |
LGBTQ rights in Sri Lanka  | |
|---|---|
 | |
| Status | Illegal under Article 365A, but unenforced and now dormant as per Supreme Court judgement |
| Gender identity | Transgender people allowed to change gender, following surgery and therapy |
| Discrimination protections | Yes, constitutional protections |
| Family rights | |
| Recognition of relationships | No recognition of same-sex couples |
| Adoption | – |
Lesbian, gay, bisexual, and transgender (LGBT) rights in Sri Lanka have mostly remained stagnant since the colonial era. The island's legal framework lacks the concept of judical review, which means that the constitutional court cannot repel a law - at the most it can refuse to enforce the law.[1]
A 135 year old British law criminalizing gay sex remains on the books, however the law is not 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".[2]
Transgender people have been allowed to change gender for a long time. The Supreme Court has also emphasised that Article 365A cannot be enforced by the Court and this would therefore de facto make the law dormant under the island's constitution.[3] However, many homosexuals do not report discrimination due to the homophobia they might face in their personal lives.[4]
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Criminalization
Section 365 and 365A
These are sections of the Penal Code describe that the unnatural offences and acts of gross indecency. It states that the act should be"punished with rigorous imprisonment for a term not less than 10 years and not exceeding twenty years with a fine and compensation".[5] As at 2018 the country has not convicted anyone under those provisions since 1948.[6][7]
In 1995, criminal law was amended to expressly prohibit "gross indecency" no matter the gender of the participants.[8] In November 2017, Deputy Solicitor General Nerin Pulle stated that the government would move to decriminalize same-sex sexual activity.[9]
The law was declared unenforcable by the Supreme Court of Sri Lanka. Albeit the country's constitution does not provide the Court the powers to completely expel a law from the books, it does however set case law and effectively makes the law dormant.[10]
Section 399
This section criminalized gender impersonation and is often used against transgendered people. It can used in situations where a person has converted to another gender yet bears a different gender on their documentation. It is however legally possible to change your gender in Sri Lanka.[5]
Section 07 / 1841 Vagrants Ordinance
This act criminalizes soliciting and acts of indecency in public places. It has been used against sex workers and sexual minorities. A maximum term of six months and a fine of 100 rupees is imposed as punishment.[5]
Recognition and Anti-Discrimination Protections
Family Law
Sri Lankan family law does not recognize same-sex marriages or same-sex civil unions.
Anti-Discrimination Law
The Government of Sri Lanka explained to the United Nations Human Rights Committee on October 7–8, 2014 in Geneva that sexual minorities were already protected under existing anti-discrimination laws provided in the Constitution.[11]
In 2017, the Government also decided to update their Human Rights Action Plan with an addendum that bans discrimination against someone based on his or her sexual orientation.[12]
Gender Identity
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.[13]
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.[13]
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.[14]
Summary table
| Same-sex sexual activity legal | Section is not enforced and complaints are ignored by police. The Supreme Court has advised that the law is unenforcable at the court. |
| Anti-discrimination laws | 
|
| Stepchild adoption by same-sex couples | 
|
| Joint adoption by same-sex couples | (Married couples only)
|
| LGBT people allowed to serve openly in the military |
|
| Right to change legal gender |
|
| Recognition of third gender |
|
| Access to IVF for lesbians |
|
| Commercial surrogacy for gay male couples |
|
| MSMs allowed to donate blood |
|
See also
- Human rights in Sri Lanka
- Orinam
- LGBT rights in Tamil Nadu
- LGBT rights in Asia
- Tamil sexual minorities
- Sexual minorities in Sri Lanka
References
- ^ "The battle against homophobia in Sri Lanka". Sunday Observer. 22 September 2018. Retrieved 30 September 2018.
- ^ "Department for Justice" (PDF).
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ "The battle against homophobia in Sri Lanka". Sunday Observer. 22 September 2018. Retrieved 24 September 2018.
- ^ "Sri Lankan Police Arrest a Lesbian Couple and Police justifies its Action | Sri Lanka Brief". srilankabrief.org. Retrieved 5 October 2018.
- ^ a b c "Removing barriers for LGBT + people in Sri Lanka". Retrieved 30 September 2018.
- ^ Elliott, Josh (6 September 2018). "India legalized homosexuality, but many of its neighbours haven't". Global News. Retrieved 9 October 2018.
- ^ "Human rights violations against LGBTIQ individuals in Sri Lanka" (PDF). ILGA. Equal Ground. Retrieved 9 October 2018.
- ^ "Sodomy Laws, Sri Lanka". galpn.org. Retrieved 5 February 2011.
- ^ Sri Lanka promises to decriminalize homosexuality and to protect LGBTI people
- ^ "The battle against homophobia in Sri Lanka". Sunday Observer. 22 September 2018. Retrieved 7 October 2018.
- ^ brian (20 October 2014). "Sri Lanka Government Says LGBT Rights Are Constitutionally Protected". OutRight. Retrieved 31 August 2017.
- ^ "Sri Lanka Keeps Homosexuality A Crime, But Bans Anti-LGBT Discrimination". LOGO News. Retrieved 31 August 2017.
- ^ a b Jayasinha, Anukshi (5 October 2016). "What It Means To Be Transgender In Sri Lanka". Roar Reports. Retrieved 31 August 2017.
- ^ "Who am I?". Retrieved 31 August 2017.
