Ban on conversion therapy: A small step to correct a greater wrong

Opposition Member of Parliament Rohini Kaviratne tabled a private member’s Motion last week that seeks to ban ‘conversion therapy’ of persons identified as lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI). This is a most welcomed development and a courageous one by the Samagi Jana Balawegaya lawmaker. Hopefully this will be a small step in correcting a shameful anomaly in the country’s law that for decades has institutionalised discrimination against persons belonging to LGBTQI communities.

The Motion will aim to ban unscientific methods used by unregistered clinics that seek to ‘cure’ LGBTQI people. For over 50 years medical professionals have declared that homosexuality is not an illness and thus does not require a ‘cure.’ This assertion has been reiterated by the World Health Organisation and the Sri Lanka College of Psychiatrists. Attempts often by parents to ‘cure’ their children of homosexuality through conversion therapy, religious teachings or shaming can cause severe psychological damage to children. The necessity to particularly protect children from such harmful practices is paramount while also recognising the vulnerability of 

adults as well.

While many other countries have progressed in eliminating discriminatory laws and practices and enforcing protections for LGBTQI communities, Sri Lanka has lagged behind in this regard due to the perceived unpopularity of the issue. For better or for worse Sri Lanka does not have an activist judiciary nor does the judiciary have powers to amend laws. As a result, there have not been any positive moves through the courts to amend these archaic laws as seen in the United States and India. Therefore, the only means of reform is through parliament and the legislative process. Due to the lack of such legislative initiatives, until now, these outdated, and blatantly inappropriate laws concerning homosexuality remain within our statute books.

According to article 365 of the Sri Lankan penal code, homosexual activities, defined through prudish Victorian language, as ‘carnal intercourse against acts against nature’, are a criminal offence that can carry a jail term. It is absurd that the State is in any position to determine what type of sexual activity should be legally sanctioned between two consenting adults in the privacy of their space. The ‘order of nature’ that is spoken of is a purely biblical reference which entered statute books during the Victorian age of morality and is open to interpretation which could include heterosexual individuals. Many countries that were equally bestowed such laws based on Cannon law have since repealed them and allowed for greater protection of vulnerable LGBTQI communities. Unfortunately, an attempt at legal reform in this regard in Sri Lanka in the 1990s ended up further strengthening the very laws they sought to reform.

Sri Lanka has often been criticised in international fora for maintaining these discriminatory laws against vulnerable communities. To its credit, successive governments have assured that these are ‘dormant’ laws that are not implemented. The courts have also shown a degree of leniency in cases when the Police have filed action against individuals using section 365 of the penal code. However, non-discrimination of individuals should not depend on the magnanimity of the State. Every law-abiding citizen deserves not only the right of non-discrimination, but particularly socially vulnerable communities deserve extra protections from the State. The law of the land calling an individual a criminal for the way the person was born or for the informed choices he or she has made, irrespective of those laws being implemented or not, is unacceptable in a civilised, democratic society.

The private member’s Motion tabled by MP Rohini Kaviratne should gain cross party support. It would be reflective of public sentiment which is more informed about issues facing LGBTQI communities than before.  Unanimous support to the Motion could be the first step among many to right a wrong that has been ignored for far too long.