Supreme Court ruling on a bill pending in parliament has created hope for real change
A security official stands guard near the Supreme Court in Colombo on Dec. 13, 2018. Sri Lanka's top court cleared the path to decriminalize homosexuality in a landmark ruling on May 9. (Photo: AFP)
Sri Lanka’s top court has cleared the path for a law to decriminalize homosexuality, but activists say the next 'herculean' task is to ensure the passage of the bill through parliament.
“The Supreme Court's ruling is a huge win for the community and another step toward ending discrimination. The issue has been on the table for over 25 years,” said Rosanna Flamer-Caldera, founder and executive director of Equal Ground, a nonprofit advocating for the rights of the Lesbian, Gay, Bisexual, Transgender, Intersex, and Questioning/Queer (LGBTIQ) community.
The proposed legislation still needs support from 225 parliamentarians before it becomes a law, but activists were hopeful as “the door is finally open.”
House Speaker Mahinda Yapa Abeywardena informed parliament on May 9 of the top court’s opinion that the bill as a whole was not inconsistent with the constitution of the country where homosexuality is still punishable by a prison sentence and a fine.
A private member’s bill by Premnath C. Dolawatte of the Sri Lanka Podhujana Peramuna (SLPP) party was presented in parliament last month seeking to repeal the country's Penal Code sections 365 and 365A that criminalize homosexuality.
The bill proposes to declare that the sexual orientation of a person shall no longer be a punishable offense.
Three petitions challenged the bill claiming homosexual activities are not in accordance with Buddhist, Hindu, Christian, or Islamic religious beliefs.
The Supreme Court struck down those contentions as “fanciful hypotheses” which have “no merit."
It held that "all persons shall be equal before the law and be entitled to equal protection of the law, irrespective of their sexual orientation.”
“This bill is not a sudden development. A lot of work has been already done that prompted this bill to be submitted in parliament,” Flamer-Caldera told UCA News.
The current government headed by President Ranil Wickremesinghe expressed willingness to amend the nearly century-old colonial Penal Code.
Responding to a question during a virtual conversation held by Harvard University on March 24, Wickremesinghe hinted at his government’s willingness to decriminalize homosexuality.
“As our law now stands, homosexuality is an offense under the Penal Code, but it has not been enforced for the last five decades to my knowledge. But now a group of parliamentarians are discussing, and most probably will take action to bring legislation to repeal this provision,” he said.
Welcoming the Supreme Court ruling, Kasro Ponnuthurai, co-founder of Jaffna Sangam, a collective of Tamil Speaking LGBTQIA+ communities based in northern Sri Lanka, noted that queer communities in war-ravaged regions face unique challenges compared to their colleagues residing in urban cities like Colombo.
"Our community has to face several difficulties from Sinhala-speaking police officers and other authorities. We have to suffer racism, caste-based discrimination, and religious extremism in the region as well," Ponnuthurai told UCA News.
Jaffna Sangam commenced dialogue with Tamil nationalist parties recently to raise issues the community faces.
"We will continue to reach out to Tamil parties to ensure our voices are heard and we will monitor their voting pattern too," Ponnuthurai added.
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