Gay Travel Advisory

Sri Lanka

Penal Code from 1885 samended by the Penal Code Amendment Act, No.22 from 1995)

Sources
  1. Text of the law is available at: http://hrlibrary.umn.edu/research/srilanka/statutes/Penal_Code.pdf

Legal Code Text

Article 365 - “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of either description for a term which may extend to ten years.”

Article 365A - “Any person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any person of any act of gross indecency with another person, shall be guilty of an offence and shall be punished with imprisonment of either description for a term which may extend to two years or with a fine, or with both.”

ILGA Analysis & Notes

At Sri Lanka’s 2nd cycle UPR in November 2012, only two States (Argentina and Canada) made specific recommendations regarding decriminalisation in the Penal Code. Sri Lanka ‘noted’ them. The State’s next review will be in November 2017. Although the 1995 amendments broadened the scope of the law to be gender-neutral, according to Kaleidoscope Trust (at p. 47), the law is essentially seen to be a dead law (unenforced although legally valid). However, it is important to note that the presence of the law creates a significant ‘chill factor’ on LGBT people who continue to be subject to extortion and violence. This organisation also reports that at its appearance at the Human Rights Committee, the State acknowledged constitutional protection regarding discrimination in relation to SOGI, amidst a somewhat softening tone regarding SOGI. However, Sri Lanka voted against the creation of a SOGI mandate holder at the UN in late-2016. Also, in a January 2017 interview the Minister for Justice, basing his argument on the religious nature of Sri Lankan society has said regarding 365 and 365A, “under no circumstance are we going to change that law”. Elsewhere he called “homosexuality” a “mental disorder”, a comment that initiated public outcry. There are pressing concerns, that despite earlier consultations, there appears to be moves to remove references to sexual orientation and gender identity from the nation’s National Human Rights Action Plan for 2017-2021.

Penal Code (1885, as amended 1995) Art. 365/365A criminalisation remains in force. A private member's bill to repeal Sec. 365A cleared a Supreme Court constitutionality challenge in May 2023 and reached a second parliamentary reading on 12 Dec. 2023; debate was ongoing as of report cutoff.