The Human Rights Commission of Sri Lanka (HRCSL) has written to the Minister of Justice and National Integration, Hon. Harshana Nanayakkara, calling for the repeal or amendment of Sections 365 and 365A of the Penal Code. The letter was sent in line with the Commission’s mandate under Section 10(d) of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996.
This latest communication follows previous letters sent by the Commission on 22 November 2023 and 13 August 2024, urging action on the legal provisions which criminalize same-sex sexual activity under the headings of “unnatural offences” and “acts of gross indecency between persons.”
The HRCSL highlighted that these sections have been historically used to target and criminalize individuals based on their sexual orientation, thereby violating fundamental rights and freedoms.
The Commission also referred to a recently presented Private Member’s Bill aimed at repealing or amending the controversial provisions. It expressed support for the initiative, stating that its passage would mark a significant step towards aligning Sri Lanka’s legal framework with its international human rights obligations.
Specifically, the HRCSL pointed to the International Covenant on Civil and Political Rights (ICCPR), to which Sri Lanka is a signatory. Articles 2 and 26 of the ICCPR guarantee the right to non-discrimination, a principle that, according to the UN Human Rights Committee, extends to sexual orientation.
“The repeal or amendment of Sections 365 and 365A would reflect Sri Lanka’s commitment to uphold the principles of equality and dignity for all citizens, regardless of sexual orientation,” the Commission stated.
Human rights advocates and LGBTQ+ groups have long campaigned for the decriminalization of same-sex relations in Sri Lanka, arguing that these laws not only perpetuate stigma but also hinder access to justice and essential services for affected individuals.
The HRCSL’s intervention is expected to add momentum to the ongoing discourse on legal reform and equal rights in the country.
The relevant link is below.