LGBT rights in Sri Lanka

See also: Sexual minorities in Sri Lanka

Lesbian, gay, bisexual, and transgender (LGBT) people in Sri Lanka face significant challenges not experienced by non-LGBT residents. Article 365 of the Sri Lankan Penal Code, which dates from the time of colonial British Ceylon, criminalizes sexual acts deemed "against the order of nature". This has been ruled unenforceable by the Supreme Court, but the court does not have the power to remove laws outright. A private members' bill submitted to parliament in August 2022 has been given the support of the ruling government and is likely to be passed by parliament in 2023.^[7][8][9]

LGBT rights in Sri Lanka
Sri Lanka
Status	Illegal since 1885^[1] (as British Ceylon)
Penalty	10 years in prison and fines ^[2]^[3] (Not enforced, ruled unenforceable by the Supreme Court, legalisation proposed)^[4]
Gender identity	Legally permitted following medical vetting; surgical intervention not legally required^[5]^[6]
Military	No
Family rights
Adoption	No

Transgender people can legally change gender following medical approval and surgical intervention is not required. In 2016 the Government of Sri Lanka launched Gender Recognition Certificates and provided clear guidelines to medical workers on how to positively deal with the transgender community.^[10]

There are no anti-discrimination laws, but the government has stated that discrimination based on sexuality and gender is implicitly banned under the existing constitution, and it has proposed to provide anti-discrimination laws as part of a wider constitutional overhaul currently under negotiation.^[5][11][12]

Background

See also: Homosexuality in Sri Lanka and Lesbianism in Sri Lanka

Sri Lanka did not have any legal restrictions for the general population against homosexuality until the colonial period.^[13] It had no influence from the imperial power of empires following Zoroastrianism, Islam or Christianity,^[14] and most religious influence prior to colonialism came from Mainland India and East Asia.^[15]

The current legal framework of Sri Lanka,^[16] mostly derives from European-Christian constructs^[17] as they stood during the colonial era, and were imported into the island.^[18] It is predominantly British law^[19] with some earlier colonial Roman-Dutch law.^[20] The most prominent of the discriminatory laws^[21] is the now seemingly dormant (sometimes reported as "decriminalized")^[7] Section 365, that criminalizes homosexual sex.^[22] 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^[23] nor the recognition of transgender and third gender concepts^[24] (who have been discriminated against through the Vargrants Ordinance).^[25] The Supreme Court and the various governments of Sri Lanka have countered this situation^[2] by including sexual minorities within generic anti-discrimination clauses^[26] and attempting to set dormant a variety of laws, although the colonial legal code does not provide the Supreme Court with the power to create or repeal law.^[6][27]

Human rights organizations have reported that police and government workers used the threat of arrest to assault, harass, and sexually and monetarily extort LGBTQI individuals.^[28][29][30] Intimidation and harassment, including death threats, and physical and sexual assaults are directed at sexual minorities by both official and private actors. Cruel and degrading treatment, amounting to torture, emotional or psychological abuse, is perpetrated by means such as involuntary institutionalisation or during police investigations. For example, individuals may be forced to undergo anal or vaginal examinations as part of a police prosecution, or be detained in psychiatric facilities for involuntary "treatment".^[3][2][6]

Political and community attitudes

The political parties of Sri Lanka are formed through collations of numerous smaller parties^[31] reminiscent of the party politics in former colonial power Netherlands,^[32][33] and hence confusion and constant movement can be found in terms of their stances to homosexuality. Both the conservative government of Sirisena 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,^[34] however the socialist coalition refused to allow the conservative government's attempted removal of Section 365 from legal texts.^[35] A number of non-governmental organizations,^[36] lawmakers and religious organizations^[37][38] have come out in favor of sexual minorities, and openly homosexual gay^[39] and transgender lawmakers^[40] can be found in the parliament and the government. A variety of public institutions including the health service^[41] and the police^[42] have introduced internal commitments to improve conditions for sexual minorities.

Sri Lankan society generally has a tolerant view of homosexuality. There are even some traditions that promote transgender people, although the third gender seems to have disappeared from the island, despite having roots in Sri Lankan culture. As a result, these laws have been loosely enforced (if at all), and discrimination by police and others is often associated with corruption or attitudes towards sexual promiscuity, which also applies to heterosexuals. Some issues, including the status of sexual minorities within the military service, and intersex rights,^[43] have largely escaped both mainstream discussion and discussion by LGBT lobbies. Other laws and legalities that can negatively affect sexual minorities are more widely discussed in the Sexual minorities in Sri Lanka article.

In 1994, Sherman de Rose set up Companions on a Journey (CoJ), the first LGBT support group in Sri Lanka.^[44] The Women's Support Group split off from CoJ in 1999, forming a separate organisation for lesbian, bisexual and transgender women.^[45] Equal Ground was then set up as an LGBTI group.^[46]

The influential Buddhist chapter, Asgiriya Chapter, came out in support of extending rights to LGBT, including support to amend the constitution.^[47]

In March 2021, in order to commemorate Zero Discrimination Day, the President of Sri Lanka Gotabaya Rajapaksa tweeted "As the president of #lka I am determined to secure everybody's right to live life with dignity regardless of age, gender, sexuality, race, physical appearance, and beliefs."^[48] The Financial Times opinioned that this was the first public acknowledgement by the South Asian Head of State about everyone's right not to be discriminated on their sexuality or gender.^[49]

In August 2021, after a video of a homophobic counsellor caused controversy on the internet, the College of Psychiatrists clarified that modern medicine does not consider homosexuality to be an illness and further called for homosexuality to be decriminalized; unlike psychiatrists, counsellors are not regulated and do not require degrees.^[50]

Legality of same-sex sexual acts

Article 365 of the Sri Lankan Penal Code, which dates back to 1885^[1]: 34 (while it was British Ceylon), criminalizes sexual acts deemed "against the order of nature".^[7] For much of the law's history, the prohibition applied to only to males; in 1995, Article 365 was amended to replace the word "males" with "persons" so that same-sex sexual activity between consenting adult females was also outlawed in addition to that between consenting adult males. This has been ruled unenforcable by the Supreme Court, but the court does not have the power to remove laws outright.^[8]

Ordinance to Provide a General Penal Code for Ceylon 1883

See also: Article 365 of the Sri Lankan Penal Code

Sections 365 and 365A of the Penal Code refer to unnatural offences and acts of gross indecency.^[16][51] In 1995, the section was amended slightly to expressly prohibit "gross indecency" no matter the gender of the participants.^[52]

Section 365

Section 365 (Penal Code 1883) states:^[53]

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, and shall also be punished with fine and where the offence is committed by a person over eighteen years of age in respect of any person under sixteen years of age shall be punished with rigorous imprisonment for a term not less than ten years and not exceeding twenty years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.

Section 365A

Section 365A (Penal Code 1883) states:^[53]

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 the description for a term which may extend to two years or with fine or with both and where the offence is committed by a person over eighteen years of age in respect of any person under sixteen years of age shall be punished with rigorous imprisonment for a term not less than ten years and not exceeding twenty years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such person.

Section 399

This section is often used against transgender people for purported "gender impersonation". It has been used in situations where a person has converted to another gender yet bears a different gender on their documentation. The section provides: "a person is said to 'cheat by personation' if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is."

Supreme Court

In a decision of Supreme Court of Sri Lanka, Luwihare, PC. J wrote in his opinion:^[30] "This offence deals with the offences of sodomy and buggery which were a part of the law in England and is based on public morality. The Sexual Offence Act repealed the sexual offences of gross indecency and buggery in 2004 and [is] not an offence in England now." Further, the opinion recognised that:^[30]

The contemporary thinking, that consensual sex between adults should not be policed by the state nor should it be grounds for criminalisation appears to have developed over the years and may be the rationale that led to repealing of the offence of gross indecency and buggery in England. [Emphasis in original.]

— Luwihare, PC. J, SC Appeal No.32/11 (2016), Supreme Court of Sri Lanka

The Constitution of Sri Lanka prohibits the Supreme Court from striking down Article 365A because the Constitution does not provide the Supreme Court with the power of judicial review. The second republican constitution was amended to state "all bills passed in parliament shall become law after it receives the Speaker's Certificate (79), it will be final and cannot be questioned in any court of law (80.3)".

All existing written law and unwritten law shall be valid and operative notwithstanding any inconsistency with the preceding provisions of this Chapter.

— Article 16 (1) of the constitution:

In 2017, the Supreme Court had opinionated that it would be inappropriate to impose custodial sentences on people who were accused of engaging in homosexual sex.^[54]

Government

Both the socialist government of Rajapakse 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".^[6]

In November 2017, Deputy Solicitor General Nerin Pulle stated that the government would move to decriminalize same-sex sexual activity.^[55] The country's constitution does not provide the Supreme Court the powers to completely expel a law from the books.^[56][7] 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.

1841 Vagrants Ordinance

This act criminalizes soliciting and acts of indecency in public places. Section 7 is being used against sex workers and sexual minorities. A maximum term of six months and a fine of 100 rupees is imposed as punishment.^[21]

2023 repeal of Article 365

Premnath C. Dolawatte of the ruling nationalist Sri Lanka Podujana Peramuna political party submitted a Private Member Bill to Parliament on the 23rd August 2022 aiming to repeal the colonial-era law banning homosexual sex.

President of Sri Lanka Ranil Wickremesinghe said "we are for it" and his government would not oppose the private members bill, but that "you have to get the support of individual members [for the bill to pass in parliament]. It’s a matter of their private conscience."^[57]

In May 2023, the Supreme Court greenlit the bill.^[58]

Recognition of same-sex relationships

Sri Lankan family law does not recognize same-sex marriages, same-sex civil unions, or provide equal rights to same-sex live-in couples.

Marriage was not legally recognized in pre-colonial Sri Lanka, when the predominant form of kinship was what is now called as "living together" or cohabiting live-in couples. As in India, the aim of the colonial laws were to codify marriage arrangements for the purpose of administrating divorce proceedings.^[59]

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.^[23] 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".^[60]

Discrimination against sexual minorities remains a problem. Several lawyers and charities have called for specific wording in the constitution stating that discrimination against sexual minorities is illegal.^[21]

Law

While there is interest in creating non-discrimination laws and there have been at least two legal judgements^[23][30] favourable towards protections, none have been created or passed.^{[11][61][62][23]}

In 2017, the Government announced they would update their Human Rights Action Plan with an addendum that bans discrimination against anyone based on his or her sexual orientation. However, no laws were put in place following this statement.^[63]

Both the Nationalist 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".^[6] The Sri Lankan Supreme Court handed down a judgement in the case of Officer-in-Charge, Police Station, Maradana v Wimalasiri and Jeganathan, in which sections 365 and 365A were deemed unenforceable under the constitution.^[30] Despite this judgement and the government statements, the only parliamentary effort to repeal the laws criminalizing homosexual acts was not passed. As of 2022^[update], no further attempts to repeal the laws have been put before Cabinet or introduced in the legislature.^[64]

Legal action challenging prejudicial police training

In November 2021, Equal Ground (a long-established LGBTQI rights advocacy organisation), with others, filed a petition at the Court of Appeal seeking a Writ of Prohibition against the training programme for the police where "malicious, erroneous, and discriminatory remarks" were made about LGBTIQ persons. The Court of Appeal decided on 8 December 2021, that this petition could proceed.^[65][66]

Gender identity and expression

Recognition of gender identity

Transgender persons may change legal gender. This has been allowed since 2016, following advice from the Human Rights Commission of Sri Lanka.^[67] The commission's advice elicited a directive to agencies from the Ministry of Health.^[68][69] The legal change requires bureaucratic certification which may be onerous to achieve; while typically requiring medical intervention and vetting before being permitted, the international legal charity, iProbono point out there is no legal requirement in Sri Lanka for any surgical intervention. This has been confirmed in a legal ruling.^[6]: 120

According to a United Nations Development Programme (UNDP) report:^[70]

In Sri Lanka, the Human Rights Commission of Sri Lanka (HRCSL) facilitated dialogue on legal gender recognition in response to a March 2015 complaint from a transgender person. As a result, in 2016 the Ministry of Health issued a circular to health services and education institutions about issuing gender recognition certificates to transgender people. The Registrar-General instructed all registrars to change sex and name details on birth certificates based on such gender recognition certificates. The process remains a medicalized one, but with some degree of flexibility.

Although performed on occasion, gender-confirming surgery is relatively inaccessible within Sri Lanka, as many hospitals lack the highly specialised surgical units and staff. Human Rights Watch (HRW), in its "All Five Fingers are Not the Same" report (2016), interviewed doctors and patients. One physician who treats transgender individuals told HRW that Sri Lankan doctors were often unfamiliar with surgical treatments of transgender patients. Patients who had experienced gender-confirming treatments in Sri Lanka, reported that they could be met with ignorance, curiosity and even ridicule from medical staff. Some avoided public hospitals and clinics due such experiences, thus increasing the costs of treatments. Obtaining hormone therapy is similarly fraught. Such obstacles in the path of gender-confirmation increases the difficulty of obtaining any legal gender recognition. Besides providing a legal procedure for gender recognition, there is no other government recognition or assistance for transgender people.^[5]

Classification as mental illness

Gender dysphoria is classified as a mental health disorder or illness.^[11] Sexual and romantic orientations are not classified as mental illness by either the Sri Lanka College of Psychiatrists, or the College of Community Physicians.^[71] Despite this, and that all medical practitioners in Sri Lanka are members professional colleges, and all Sri Lankan colleges are signatories to the WHO code of ethics—which deprecates any treatment of homosexuality as a disease or illness, on scientific and ethical grounds—doctors are often sought out by families to administer "treatment" to their LGBTQI members. There are sufficient doctors willing to perform such treatments that it is reported as a regular occurrence.^[72][73]

Third gender

The concept of third gender is not recognized under Sri Lankan law.^[11]

Blood donation

The National Blood Transfusion Service (NBTS) bans people who engage in risky behaviour from donating blood. It classifies male same-sex intercourse as a risky behavior, along with unrelated behaviours such as drug use and having more than one sexual partner. Consequently, men who engage in anal sex with men are banned from donating blood through the NBTS.^[74]

Summary table

Legality of same-sex sexual activity	(Penalty: 10 years in prison and fines. ruled unenforceable, legalization proposed)
Age of consent
Anti-discrimination laws
Marriage between two same sex persons
Recognition of same sex couples
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military
The right to change legal gender	Legally permitted, but onerous process requiring medical intervention and vetting; bureaucratic^[5]
Recognition of third gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
Removal of LGBT orientation as a mental illness	/   Gender dysphoria is classified as a mental health disorder, while sexual and romantic orientations are not.
Banning of gay conversion therapy
MSMs allowed to donate blood	^[74]

See also

•  LGBT portal
•  Sri Lanka portal

• Human rights in Sri Lanka
• LGBT rights in Asia
• Homosexuality in Sri Lanka
• Sexual minorities in Sri Lanka
• Tamil sexual minorities

References

1. Han, Enze (3 May 2018). British Colonialism and the Criminalization of Homosexuality. Routledge. ISBN 9781351256186.
2. Home Office; Country Policy and Information Team (CIPIT) (October 2018). (PDF) (Report). Government of the United Kingdom. Version 3.0. Archived from the original on 25 July 2019. Retrieved 1 February 2022. ...hate crimes are a common occurrence in Sri Lanka, where the victims have been targeted on account of their sexual orientation, gender identity or expression. Examples of such incidents include death threats, sexual assault, rape, physical attacks, as well as emotional and psychological abuse by public and private actors.
3. "Sri Lanka: Forced Anal Exams in Homosexuality Prosecutions". Human Rights Watch. 20 October 2020. Retrieved 1 February 2022.
4. "Country policy and information note: sexual orientation and gender identity, Sri Lanka, November 2021 (accessible version)". GOV.UK. Government of the United Kingdom. …homosexuality in Sri Lanka is definitely an offence, but conceded that it is indeed open to interpretation… Homosexuality, among other things, comes under "unnatural offences" or acts of a sexual nature that go against nature, as per section 365 of the Penal Code. According to Kularathne, however, no cases have been reported of anyone actually being prosecuted for being gay…
5. (Report). Human Rights Watch. 15 August 2016. Archived from the original on 20 June 2019. Retrieved 11 May 2021.
6. i-Probono. Beyond Gender: The South Asian experience (Report). from the original on 30 December 2020. p. 120: The Magistrate recognised D's gender recognition certificate and the validity of his marriage. It was also accepted that no surgical interventions are required to legally recognise someone's gender identity under Sri Lankan law. The case was dismissed.
7. "Road to reform- LGBTIQ rights in Sri Lanka". themorning.lk. 16 September 2018. from the original on 23 January 2019. Retrieved 23 January 2019.
8. "Sri Lanka will decriminalise homosexuality, official vows". LGBTQ Institute. 26 November 2017. Retrieved 12 December 2022.
9. Lavers, Michael K. (12 September 2022). "Sri Lanka president says government will not oppose decriminalization bill". www.washingtonblade.com. Retrieved 22 February 2023.
10. "For 'Mind and Soul': Sri Lanka Eases Way To Legal Recognition of Transgender People". Global Press Journal. 18 December 2016. Retrieved 11 February 2023.
11. Malalagama, A. S. (December 2017). "The Shifting Landscape of Gender Identity and the Situation in Sri Lanka". Sri Lanka Journal of Sexual Health and HIV Medicine. 3: 45. doi:10.4038/joshhm.v3i0.63. On ... 15 November 2017 the UN reviewed Sri Lanka's record on human rights and made recommendations to amend sections 365 and 365A of the Penal Code, which targets Lesbian, Gay, Bisexual, Transgender, Intersex and Questioning (LGBTIQ) people in consensual, adult relationships. In response to issues raised, Deputy Solicitor General underlined the government's commitment to reforming Sri Lanka's penal code to ensure that it meets international human rights standards.
12. "Sri Lanka | Outright International". outrightinternational.org. Retrieved 11 February 2023.
13. "BuddhaNet Magazine Article: Homosexuality and Theravada Buddhism". www.buddhanet.net. Retrieved 25 December 2023.
14. Casey (7 June 2016). "Queer in the Age of the Queen: Gender and Sexuality of the Mid Modern Period in Victorian England and North America". Molly Brown House Museum. Retrieved 1 January 2024.
15. "Buddhism in Sri Lanka: A Short History". www.accesstoinsight.org. Retrieved 1 January 2024.
16. (PDF). Democratic Socialist Republic of Sri Lanka. Archived from the original (PDF) on 6 December 2019. Retrieved 11 May 2021.
17. "Full text: Supreme Court judgment on Section 377". The Times of India. 6 September 2018. from the original on 26 January 2019. Retrieved 26 January 2019.
18. "Repeal Colonial Era Laws that Entrench Discrimination and Perpetuate Violence". 22 January 2017. from the original on 3 February 2018. Retrieved 26 January 2019.
19. "University of Minnesota Human Rights Library". hrlibrary.umn.edu. from the original on 13 September 2018. Retrieved 26 January 2019.
20. Cooray, LJM (1974). "The reception of Roman-Dutch law in Sri Lanka". The Comparative and International Law Journal of Southern Africa. 7 (3): 295–320. ISSN 0010-4051. JSTOR 23242905.
21. Fonseka, Piyumi (6 July 2018). . Daily Mirror. Archived from the original on 7 January 2022.
22. "Sri Lanka LGBTI Resources: Rights in Exile Programme". refugeelegalaidinformation.org. from the original on 25 January 2019. Retrieved 26 January 2019.
23. OAI staff (20 October 2014). "Sri Lanka Government Says LGBT Rights Are Constitutionally Protected". OutRight Action International (OAI). from the original on 22 January 2019. Retrieved 27 January 2019.
24. (PDF). Institute for Participatory Interaction in Development. December 2016. Archived from the original (PDF) on 29 November 2018. Retrieved 11 May 2021.
25. Wijayath, Aruni. (PDF). Archived from the original (PDF) on 27 January 2019. Retrieved 27 January 2019.
26. (PDF). Equal Ground. June 2016. Archived from the original (PDF) on 27 January 2019. Retrieved 11 May 2021.
27. (PDF). Parliament Secretariat. 2008. Archived from the original (PDF) on 20 June 2019. Retrieved 11 May 2021.
28. "Custom report Excerpts: Sri Lanka". U.S. Department of State. Retrieved 11 May 2021.
29. (PDF). Immigration and Refugee Board of Canada. 13 January 2012. Archived from the original (PDF) on 20 June 2019. Retrieved 11 May 2021.
30. Wimalasiri vs. Officer-in-Charge, Police Station, Maradana & Honourable Attorney General, District Court of the Democratic Socialist Republic of Sri Lanka SC Appeal No.32/11 – [SC SPL LA No. 304/2009 HCMCA no. 595/04 No. 7923/C], pp. 11–12 (Supreme Court of Sri Lanka 30 November 2016).
31. (PDF). Verite Research. November 2017. Archived from the original (PDF) on 27 January 2019. Retrieved 11 May 2021.
32. "The impact of proportional representation and coalition government on fiscal policy". Adam Smith Institute. 18 April 2011. from the original on 27 January 2019. Retrieved 27 January 2019.
33. Ibenskas, Raimondas; Sikk, Allan (3 October 2016). "Mergers and splits: How party systems have changed in Central and Eastern Europe since 1990". EUROPP. London School of Economics. from the original on 27 January 2019. Retrieved 27 January 2019.
34. "SL should take guidance from Indian counterparts". dailymirror.lk. from the original on 27 January 2019. Retrieved 27 January 2019.
35. "Sri Lanka officially refuses to go gay". roar.media. 19 January 2017. from the original on 27 January 2019. Retrieved 27 January 2019.
36. . The American University Journal of International Law and Policy. 31 (2): 171. January 2016. Archived from the original on 20 June 2019. Retrieved 11 May 2021.
37. (PDF). INFORM rights Documentation Centre. August 2016. Archived from the original (PDF) on 18 October 2016. Retrieved 11 May 2021.
38. "Asgiriya Chapter calls for the right to equality for LGBT | Sri Lanka Brief". from the original on 13 May 2019. Retrieved 27 January 2019.
39. "Standing Up For The Gay Politician: Mangala Samaraweera On Right Track?". Colombo Telegraph. 8 May 2017. from the original on 19 January 2019. Retrieved 27 January 2019.
40. "Maha Sanga Protests Appointment Of First Transgender Governor". Colombo Telegraph. 26 March 2016. from the original on 14 July 2019. Retrieved 27 January 2019.
41. (PDF). Ministry of Health. Archived from the original (PDF) on 20 June 2019. Retrieved 11 May 2021.
42. Colombo Gazette staff reporter (1 June 2018). "Police admit isolated incidents reported targeting LGBT persons". Colombo Gazette. from the original on 18 December 2018. Retrieved 27 January 2019.
43. (PDF). Equal Ground. Archived from the original (PDF) on 20 June 2019. Retrieved 11 May 2021.
44. "The story of Sri Lankan gays". BBC. 20 May 2005. from the original on 16 November 2019. Retrieved 14 November 2019.
45. Perera, Kaushalya (2005). "Young, Lesbian, Or Activist? Or All?". Isis Women. from the original on 26 July 2020. Retrieved 7 August 2020.
46. O'Neil, Shannon Leigh (26 September 2013). "Fighting for Equal Ground in Sri Lanka". Go Magazine. Retrieved 7 August 2020.
47. . srilankabrief.org. Archived from the original on 13 May 2019. Retrieved 5 October 2018.
48. Rajapaksa, Gotabaya (1 March 2021). "Today is #ZeroDiscriminationDay. As the President of #Ika I am determined to secure..." Twitter. Retrieved 27 September 2021.
49. Thamilmaran, Mathuri (30 March 2021). "Ensuring equality and non-discrimination for lesbian, gay, bisexuals and transgender people Daily FT". Daily FT www.ft.lk. Retrieved 3 March 2021.
50. EN staff reporter (19 August 2021). "Sri Lanka College of Psychiatrists says homosexuality no illness, calls for decriminalisation". EconomyNext.
51. "Human rights violations against LGBTIQ individuals in Sri Lanka" (PDF). ILGA. Equal Ground. (PDF) from the original on 20 June 2019. Retrieved 9 October 2018.
52. . galpn.org. Archived from the original on 20 August 2008. Retrieved 5 February 2011.
53. "Penal Code of Sri Lanka" (PDF). UMN.   This article incorporates text from this source, which is in the public domain.
54. "Road to reform – LGBTIQ rights in Sri Lanka". The Morning - Sri Lanka News. 16 September 2018. Retrieved 23 January 2019.
55. Power, Shannon (17 November 2017). "Sri Lanka promises to decriminalize homosexuality and to protect LGBTI people". Gay Star News. from the original on 5 June 2019. Retrieved 17 November 2017.
56. "The battle against homophobia in Sri Lanka". Sunday Observer. 22 September 2018. from the original on 18 June 2019. Retrieved 7 October 2018.
57. bugsbunny (11 September 2022). "Government will not oppose Bill on LGBTQ+ rights". Colombo Gazette. Retrieved 11 February 2023.
58. "Sri Lanka Supreme Court clears path to decriminalize homosexuality". CNN. Reuters. 10 May 2023. Retrieved 10 May 2023.
59. Mawbima (4 December 2022). "උසාවි නොගිහින් දික්කසාද වෙන්න බැරිද?". මව්බිම (in Sinhala). Retrieved 6 February 2023.
60. "EQUAL GROUND – Sri Lanka commits to human rights protections for LGBTIQ people before the UN". equal-ground.org. from the original on 26 January 2019. Retrieved 25 January 2019.
61. Hannan, Sarah (16 September 2018). "Road to reform – LGBTIQ rights in Sri Lanka". The Morning - Sri Lanka News. Retrieved 28 March 2022.
62. CTNews staff reporter (6 August 2020). "Medical professional's LGBTIQA+ remarks: Activists up in arms". CeylonToday.
63. Sal, Adam (19 January 2018). "Sri Lanka Keeps Homosexuality A Crime, But Bans Anti-LGBT Discrimination". LOGO News: New Now Next. from the original on 20 June 2019. Retrieved 11 May 2021.
64. Knight, Kyle (25 March 2022). . LNW. Archived from the original on 29 March 2022. Retrieved 29 March 2022.
65. Equal Ground staff (8 December 2021). "Court Of Appeal grants leave to proceed with EQUAL GROUND's Writ petition against Police, Ama Dissanayake over homophobia and discrimination *BREAKING NEWS*". EQUAL GROUND, Sri Lanka.
66. FT Staff (11 December 2021). "Appeal Court grants leave to proceed with Equal Ground's writ petition". Daily FT. Retrieved 28 March 2022.
67. Human Rights Commission of Sri Lanka (HRCSL) (2016). "Issuance of gender recognition certification to enable transgender persons to change personal documentation". Human Right Commission of Sri Lanka.
68. Dr. P.G. Mahipala, Director General of Health Services; Ministry of Health, Nutrition and Indigenous Medicine (16 June 2016), "Issuing of Gender Recognition Certificate for Transgender Community - Circular no. 01-34/2016" (PDF), Ministry of Health Circulars,

    Ministry of Health, Nutrition and Indigenous Medicine has decided to establish services for transgender communities in every institution, with capacity of specialist psychiatric care (Consultant Psychiatrist).

    When a person requests service, the responsible consultant psychiatrist will provide the care which includes assessment, counseling and issuing a Gender Recognition Certificate (GRC) to assist with the process of changing the sex on a birth certificate. The certificate could be issued only to those above 16 years of age and it will indicate the desired gender as to be shown in birth certificate.
69. "Issuance of gender recognition certificate to enable transgender persons to change personal documentation". South Asians for Human Rights. Retrieved 28 March 2022.
70. United Nations Development Programme; Asia-Pacific Transgender Network (2017). Legal Gender Recognition: A Multi-Country Legal and Policy Review in Asia (Report). pp. 9–10.
71. Several sources:
    • Samaraweera, Buddhika (19 August 2021). "Psychiatrists want homosexuality decriminalised". The Morning - Sri Lanka News. Retrieved 15 July 2022. The SLCP [Sri Lanka College of Psychiatrists] also stated that certain individuals conducting training programmes on mental health were spreading erroneous messages to the effect that homosexuality is due to some disease of the mind or body. "However, the SLCP would like to categorically state that we do not endorse the view that homosexuality is due to a disease of the mind or body. Modern-day psychiatrists do not identify or diagnose homosexuality as a mental health disease or treat it as such," it added. The SLCP also noted that the myth that homosexuality is a mental illness is not in keeping with evidence-based science practised by its membership.
    • Chandradasa, Miyuru (26 November 2018). "Suicidal ideation in gay adolescents in the context of cultural stigma and criminalized homosexuality in Sri Lanka". International Journal of Social Psychiatry. 65 (1): 83–84. doi:10.1177/0020764018812921. ISSN 0020-7640. PMID 30477379. S2CID 53771074. Letter to editor. The illness model of homosexuality has been discarded decades ago.
    • EN staff reporter (19 August 2021). "Sri Lanka College of Psychiatrists says homosexuality no illness, calls for decriminalisation". EconomyNext.
    • "Press statement regarding human sexuality and mental illness" (PDF) (Press release). Sri Lanka College of Psychiatrists. 18 August 2021.
    • "FPASL endorses the statement made by the Sri Lanka College of Psychiatrists regarding human sexuality and mental illness". The Family Planning Association of Sri Lanka. 25 August 2021. Retrieved 15 July 2022.
    • Karunatilake, Harindra (27 December 2021). "Evidence based medicine: ideology, hegemony, statistical gaze and beyond part three". Ceylon Medical Journal. 66 (3): 110–112. doi:10.4038/cmj.v66i3.9488. PMID 35435432. S2CID 246590224.
72. Chamara, Sumudu (28 February 2021). "Forcefully changing identities and orientations: Conversion therapy or coercion therapy?". The Morning - Sri Lanka News.
73. Home Office (November 2021). . Country policy and information note: sexual orientation and gender identity, Sri Lanka (Report). GOV.UK. (accessible version). Archived from the original on 7 April 2022. Retrieved 15 July 2022.
74. "Donate Blood". nbts.health.gov.lk. from the original on 24 January 2019. Retrieved 21 January 2019.

External links

• Equal Ground
• RESPONSES TO INFORMATION REQUESTS (RIRs) in 2008
• "Case studies and publications: Knowledge Archive". iProbono: a non-profit civil society organisation in the legal field.