Homosexuality in sri lanka
Sri Lanka's highest court has shot down a government bill seeking gender equality, arguing it could set a legal precedent for the decriminalisation of homosexuality and same-sex marriage, parliament said Tuesday.
The three-judge bench of the Supreme Court ruled the bill, which sought to tackle sexism and violence, undermined conservative values on the majority-Buddhist island.
"It is clear that when this bill becomes law it becomes possible for any interested party to claim legal status for same-sex marriages," presiding judge P. Padman Surasena wrote, backed by the two other judges.
"This is something which neither our constitution nor our customs has envisaged."
The court said recognising "persons with different gender identities" would also violate the constitution.
The Gender Equality Bill seeks to enshrine in law same opportunities to all "irrespective of differences in sex or gender identity".
President Ranil Wickr
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Last updated: 12 May
Types of criminalisation
- Criminalises LGBT people
- Criminalises sexual activity between males
- Criminalises sexual activity between females
- Criminalises the gender expression of transgender people
Summary
Same-sex sexual activity is prohibited under the Penal Code , which criminalises acts of ‘carnal information 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 rule with a maximum penalty of three years’ imprisonment and a fine.
The Penal Code was inherited from the British during the colonial period, in which the English criminal statute was imposed upon Sri Lanka. Sri Lanka retained the law upon self-rule and continues to criminalise
LGBTQ+ discrimination persists in Sri Lanka
When year-old Maya went to what he mind was a meeting with a Facebook acquaintance two months ago, it turned out to be a trap.
Maya described how he was met by four men who assaulted him for being gay.
"They said 'How can you be enjoy this? This isn't legal in Sri Lanka,' and beat me," Maya told DW.
"I didn't go to the police, because there's no law, and they won't take any action."
Sri Lanka has not yet repealed sections and A of the penal code, colonial-era laws that criminalize "carnal intercourse against the order of nature" and "acts of gross indecency."
Although the law broadly applies to all kinds of sexual activity with no reproductive nature, it has "overwhelmingly been used against the LGBT community," rights lawyer Aritha Wickramasinghe told DW.
Wickramasinghe works with iProbono, a global group of organizations providing free legal service to help people access their rights.
Many of Maya's friends have slash him off for existence gay, he said, adding that hateful comments directed toward him have deeply affe
Executive summary
Sri Lanka is about half the size of England with an estimated population of around 22 million people. One examine found 12% of people aged considered themselves to be female homosexual, gay, bisexual, trans or intersex (LGBTI) with populations predominantly located in Colombo, the Northwestern and North Central provinces.
The Constitution states that all persons are matching under the law but does not specifically prohibit discrimination based on sexual orientation, gender persona or expression. Consensual same-sex acts between adults are a criminal offence under the Penal Code, although prosecutions are rare. LGBTI people are unlikely to be at risk of prosecution under the Penal Code, although if it were applied it would be disproportionate and discriminatory. Other laws are used to harass, arrest, and detain LGBTI people, particularly trans women and sex workers, although most cases undertake not proceed to court.
The government states it will ensure and strengthen the rights for the LGBTI community, and homophobic and transphobic rhetoric from government and public officials ha