Global InformationArticle 365 of the Sri Lankan Penal Code information
Article 365 of the Sri Lankan Penal Code criminalizes "carnal intercourse against the order of nature" and provides for a penalty of up to ten years in prison.[1]
The 135-year-old British law criminalizing homosexual acts remains on the books; however, the law is not used and remains a dormant law. The United States Department of Justice wrote that the police were "not actively arresting and prosecuting those who engaged in LGBT activity" and that the provisions have also reportedly not led to any convictions to date despite "complaints citing the provisions of the law [being] received by the police".[1]
The law as it currently stands has been described varyingly as decriminalized,[2] dormant, and impotent, and it is widely considered to be unenforceable in the judicial system. The Supreme Court shared the view that, while the law did indeed discuss homosexual sex, consensual sexual relations did not warrant a custodial sentence.[3]
Unlike in India or the United States, the Supreme Court of Sri Lanka does not have the power to amend law, it can only interpret law. Therefore, it is impossible that the Supreme Court could have repelled the law, though activists state that the Court should use their powers of interpretation more effectively to protect people who have homosexual sex.[3]
It has been ruled unenforceable by the Supreme Court, and 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".[3]
Although the law is not enforced, as fighting discrimination in the courts requires the sexual minority to openly state their homosexuality (and/or associate themselves with sexual minorities), police harassment is often not fought by the victims due to homophobia they may face in their personal lives as a result of outing themselves.[4]
- ^ a b "Department for Justice" (PDF).
- ^ "Road to reform – LGBTIQ rights in Sri Lanka". www.themorning.lk. 2018-09-16. Retrieved 2019-01-23.
- ^ a b c "iProbono". iProbono. Retrieved 2019-01-23.
- ^ "Sri Lankan Police Arrest a Lesbian Couple and Police justifies its Action | Sri Lanka Brief". srilankabrief.org. Archived from the original on 2018-10-05. Retrieved 2018-12-01.