MPs have historic chance to decriminalise same-sex relations

Members of the Buddhist clergy have joined the public discourse on moves to decriminalise same-sex relations in Sri Lanka saying they are opposed to the move. Venerable Bengamuwe Nalaka Thera, who called a press briefing this week, said that same-sex relations go against Sri Lankan and Buddhist culture.

He warned Buddhist MPs who support such a Bill in Parliament that they can wave goodbye to their votes at the next election.

The Thera’s warning comes at a time when all political parties in Parliament have, in principle, agreed to repeal Sections 365 and 365A of the Penal Code of Sri Lanka which criminalises consensual same-sex sexual relations. While warnings by the clergy will discourage MPs from voting on such a delicate matter in a Sri Lankan context, if there is consensus among all parties, they can take the bold step to repeal this archaic piece of legislation which discriminates against a section of the country’s population.

Thailand, a country where more than 90% of the population practice Theravada Buddhism, recognised same-sex marriage, making it the first country in Southeast Asia to guarantee marriage rights for gay and lesbian couples. In 2018, India’s Supreme Court struck down the provisions in the law that made same-sex relations a crime.

In Sri Lanka’s case, the Private Members Bill initiated by SLPP National List MP Premnath C. Dolawatta, proposes the repeal of sections 365 and 365 A in the Penal Code and is not a move to legalise same-sex marriages.

Sri Lanka’s law criminalising homosexual relations originates from colonial times as has been the case with many other countries. Britain, which introduced the law against homosexuality to its former colonies decriminalised same-sex relations more than 50 years ago.

In Sri Lanka, no major political party has taken on itself the task of repealing these discriminatory sections in the Penal Code worried that there could be a backlash from a section of society and particularly the clergy. An attempt to get Cabinet approval to repeal sections 365 and 365A during the last Government was thwarted by former president Maithripala Sirisena.

Getting same sex-relations decriminalised will be a big step but the country has a long way to go to ensure equal rights and recognition for all its citizens, however they choose to identify themselves. The country lags behind many others in protecting marginalised groups in society such as transgender persons who face harassment, threats and even violence. Birth certificates only recognise persons as male and female which leaves transgender persons in a quandary as they are unable to obtain legal recognition for their gender identity. This is another area where recognition must be given for new gender identity on birth certificates so that such a person can get admission to a school, change names based on their identity as they become adults and gain access to Government services without fear and discrimination. These are areas which too need to be given due attention by the Government in power particularly by the Minister of Justice.  

Every citizen is protected from discrimination by the country’s Constitution. It’s important to remember that every citizen, irrespective of their sexual orientation, gender identity, etc. has the same rights as any other citizen.

Dolawatta’s Bill presents a historic chance for MPs of this Parliament to do away with a discriminatory law. If there is a will, there is a way for MPs to act without bowing to pressure from various quarters.