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20 May 2023

Sri Lanka’s Supreme Court gives green light to legalising homosexuality

文字Gareth Johnson

Sri Lanka looks to be making moves towards decriminalising homosexuality, following a historic development by its Supreme Court.

Sri Lanka looks to be making moves towards decriminalising homosexuality, following a “historic development” by its Supreme Court.

At the moment, people found guilty of homosexuality in the South Asian country can face imprisonment, under a law dating back to British rule of what was then Ceylon. However, the Sri Lankan parliament has spoken about being open to making a change since at least 2022.
On Tuesday (9 May), the Sri Lankan Supreme Court ruled that a private members bill, from MP Premnath C Dolawatte, to decriminalise homosexuality, was not unconstitutional, Reuters reported. Before coming to its decision, the court heard dozens of petitions arguing both sides.
However, the next steps forward are not clear because no government or opposition politicians have said if they will support the bill, meaning activists have to continue lobbying to get it pushed through parliament.
Either way, Kaveesha Coswatte, from justice organisation iProbono, which supported many of the petitions backing the bill, told Reuters that the Supreme Court decision was a historic development, creating “hope towards real change” and that the “door [was] finally open”.
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In September, president Ranil Wickremesinghe said his government would not oppose Dolawatte’s bill, which was initially submitted the month before.
Much the same was said by Sri Lanka’s foreign affairs minister Ali Sabry, in February.
“The government will support its position of decriminalising same-sex relationships. We are, however, not legalising same-sex marriages. But, we would decriminalise it. I think that there is a lot of consensus for that, so let that come to parliament,” Sabry said.
Steps towards decriminalisation are taking place in other countries too.
Singapore’s colonial-era ban on gay sex, under section 377A of the penal code, was repealed in November, effectively making it legal to be homosexual in the city-state. However, lawmakers refused to legalise same-sex marriage.
In the Caribbean, decriminalisation rules were stuck down by court rulings in Antigua and Barbuda, Barbados, and St Kitts and Nevis during 2022. All of those laws were also linked to British rule.

At the moment, people found guilty of homosexuality in the South Asian country can face imprisonment, under a law dating back to British rule of what was then Ceylon. However, the Sri Lankan parliament has spoken about being open to making a change since at least 2022.

However, the Sri Lankan Supreme Court has recently ruled that a private members bill, from MP Premnath C Dolawatte, to decriminalise homosexuality, was not unconstitutional. Before coming to its decision, the court heard dozens of petitions arguing both sides.

The next steps forward are not clear because no government or opposition politicians have said if they will support the bill, meaning activists have to continue lobbying to get it pushed through parliament.

Either way, the Supreme Court decision is a step forward in the fight for equality.

What’s life like for LGBTQ people in Sri Lanka?

What’s life like for LGBTQ people in Sri Lanka? Let’s take a look at some of the key equality criteria.

Is homosexuality legal in Sri Lanka?

No. Same-sex sexual acts remain criminalised in Sri Lanka.

While a possible penalty of up to ten years in prison could be applied, this law is not currently being actively enforced.

Are there anti-discrimination protections in place for LGBTQ people in Sri Lanka?

Yes, there are some protections in place. Discrimination on the grounds of sexuality is considered to be prohibited by the country’s constitution.

Is there Marriage Equality in Sri Lanka?

No, there is no legal recognition of same-sex relationships.

What’s life like for LGBTQ people in Sri Lanka?

Sri Lanka is a socially conservative country, and homosexuality is generally seen as a taboo subject.

Homophobia is systemic, and LGBTQ people conceal their sexuality.

While some protections against discrimination are in place, it’s believed that LGBTQ people continue to experience discrimination on a day-to-day basis.

Human Rights Watch has recorded a number of incidences of Sri Lankan police harassing and persecuting LGBTQ people.

sri lanka, equality