The Human Rights Commission of Sri Lanka (HRCSL) has reiterated its call for the repeal of Section 365 of the Penal Code, citing the need to ensure full equality and rights protection for the LGBTIQ+ community. While societal attitudes toward lesbian, gay, bisexual, transgender, intersex, queer and questioning individuals have shown signs of progress, the Commission warns that legal reform remains incomplete.
Section 365, which criminalises “carnal intercourse against the order of nature,” carries a maximum sentence of 10 years imprisonment and a fine—even in cases involving consenting adults over the age of 18.
A senior HRCSL official, Commissioner Attorney at Law Nimal G. Punchihewa noted that public acceptance of LGBTIQ+ rights has improved significantly in recent years. “There is a marked shift in how society views the community. People who were once marginalised are now more visible and empowered. However, legal recognition must follow social change,” the official said.
The Commission emphasised that repealing Section 365 is essential to achieving full equality. Although a Private Member’s Motion to amend the provision was submitted to Parliament, it has since stalled without further progress.
In 2023, the HRCSL formally recommended to the then Minister of Justice and Constitutional Reforms that Sections 365 and 365A be repealed or amended. The recommendation was made under the HRCSL Act No. 21 of 1996, which mandates the Commission to advise the Government on aligning national laws with international human rights standards.
In 2024, a Bill aimed at amending the Penal Code to protect LGBTIQ+ rights was tabled in Parliament by a former legislator. However, the legislative process has yet to yield concrete outcomes, leaving advocates concerned about the pace of reform.
( With the inputs from The Morning)