that criminalizes same-sex sexual acts remains on the books but has been ruled unenforceable by the Supreme Court of Sri LankaSri Lanka has implemented anti-discrimination laws for homosexuals as part of its constitution and human rights action plan. It has recognized transgender people for a very long time and has been making it easier for transgender people to identify and transition in recent years. Concepts similar to the third gender found in India and South East Asia also exist in Sri Lanka. However, many sexual minorities do not fight against such discrimination, including police harassment, as they may remain closeted due to homophobia they face in their personal lives, and this might lead them to hold a valid fear of being outed during the anti-discrimination process. Sexual assault by members of the police and government is common.
Overview
The current legal framework of Sri Lanka mostly derives from the European/Christian constructs was imported into the island during the colonial era, most of it being predominantly British law and the prior colonial Roman-Dutch law. The most famous of these discriminatory laws is the now dormant Section 365 that criminalizes homosexual sex, but other laws against gender impersonation and pimping can also be considered to discriminate against LGBT people. Further problems with the colonial legal framework include the lack of protections and supports for the sexual minority community, including the lack of specific wording fighting discrimination against sexual minorities nor the recognition of transgender and third gender concepts. The Supreme Court and the various Governments of Sri Lanka have however attempted to remedy this situation by including sexual minorities within generic anti-discrimination clauses and attempting to set dormant a variety of laws. The political parties of Sri Lanka are formed through collations of numerous smaller parties reminiscent of the party politics in former colonial power Netherlands, and hence confusion and constant movement can be found in terms of their stances to homosexuality. Both the conservative government of Srisena and the socialist government of Rajapaska have stated that discrimination against sexual minorities is unconstitutional and that Section 365 cannot be legally applied to consensual homosexual sex, but in contradiction to this the socialist collation refused to allow the conservative government's attempted deletion of Section 365 from legal texts. A number of non-governmental organizations, lawmakers and religious organizations have come out in favor of sexual minorities, and openly homosexual gay and transgender lawmakers can be found in the parliament and the government. A variety of public institutions including the health service and the police have been introducing internal commitments to improve living conditions for sexual minorities. Sri Lankan societies generally takes a modestly unobtrusive and traditionalist view of homosexuality and certain traditions exist for the promotion of transgenders and consequently these laws have mostly been applied loosely and discrimination by police is often associated with corruption and/or attitudes towards sexual promiscuity which are applied to heterosexuals as well. A number of issues remain untouched by general discussion including that of the status of sexual minorities within the military service, and intersex rights have mostly escaped both mainstream discussion and discussion by LGBT lobbies. Other laws and legalities that can negatively affect sexual minorities are more widely discussion in the Sexual minorities in Sri Lanka article. In 2004, Sherman de Rose set up Companions on a Journey, the first LGBT support group in Sri Lanaka.
Legality of same-sex sexual acts
Section 365 and 365A
These sections of the Penal Code refer to unnatural offences and acts of gross indecency. They state that the act should be "punished with rigorous imprisonment for a term not more than 10 years with a fine. As of 2019 Global News claims that the country is not known to have convicted anyone under those provisions since 1948, but in 1995, the section was amended slightly to expressly prohibit "gross indecency" no matter the gender of the participants. In November 2017, Deputy Solicitor General Nerin Pulle stated that the government would move to decriminalize same-sex sexual activity. The country's constitution does not provide the Supreme Court the powers to completely expel a law from the books. An attempt by the government to include its repeal into the human rights action plan was prevented by opposition from the United People's Freedom Alliance.
Supreme Court
The Supreme Court of Sri Lanka has recognized that "the contemporary thinking, that consensual sex between people of the same sex should not be policed by the state nor should it be grounds for criminalisation" and that homosexuality cannot be criminalised.
Government
Both the socialist government of Rajapaska and the conservative government of Sirisena have stated " that discrimination against LGBT people was unconstitutional and that the application of sections 365 and 365A in a manner that was discriminatory against LGBT persons was unconstitutional".
Section 399
This section criminalized gender impersonation and is often used against transgender people. It can used in situations where a person has converted to another gender yet bears a different gender on their documentation.
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.
Recognition of same-sex relationships
Sri Lankan family law does not recognize same-sex marriages or same-sex civil unions.
Discrimination protections
Constitutional Protections
The Government of Sri Lanka claimed to the United Nations Human Rights Committee on 7–8 October 2014 that they think sexual minorities should be protected under existing generic anti-discrimination laws provided in the Constitution. The Government of Sri Lanka stated that such protections were "'implicit' in the Sri Lankan constitution and that the Government has not written a law giving 'explicit' rights yet. Discrimination against sexual minorities still remains a problem. Several lawyers and charities have called for specific wording in the constitution stating that discrimination against sexual minorities is illegal.
Law
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. However, no laws were put in place following this statement. Both the socialist government of Rajapaska and the conservative government of Sirisena have stated " that discrimination against LGBT people was unconstitutional and that the application of sections 365 and 365A in a manner that was discriminatory against LGBT persons was unconstitutional".
The concept of third gender is not recognized under Sri Lankan law.
Blood Donation
The NationalBlood Transfusion Service bans people who engage in risk behavior from donating blood. It classifies homosexual sex as a risk behavior, along with unrelated behaviors such drug use and having more than one sexual partner, so consequently LGBT who engage in homosexual sex are banned from donating blood through the National Blood Transfusion Services.
