Proud and equal

The month of June is a time of the year where members of LGBTIQ+ communities around the world celebrate the unique nature of their identities. It is also a time to work towards acceptance and ensuring rights that are inherent to all as human beings. Sri Lanka has done little in this regard, as the region and the world moves towards acceptance and celebration of peoples of all shades of diversity. A country known for its rich cultural heritage and the resilience of its people, the time has come to turn a new page in its history by decriminalising same-sex relationships and embracing LGBTQ+ rights.

For decades, Sri Lanka has been shackled by colonial-era laws, specifically Sections 365 and 365A of the Penal Code, which criminalise “unnatural offenses” and “gross indecency” between consenting adults. These archaic statutes have their roots in British colonial rule and no longer reflect the values or aspirations of a modern, progressive society. Despite being rarely enforced, the mere existence of these laws perpetuates a climate of fear, discrimination, and marginalisation for the LGBTQ+ community in Sri Lanka.

Criminalising LGBTQ+ relationships have profound and far-reaching consequences. It forces individuals to live in constant fear of legal repercussions and societal rejection. Many LGBTQ+ Sri Lankans face harassment, violence, and blackmail simply because of who they are. The psychological toll of living in such a hostile environment can lead to mental health issues, including depression, anxiety, and suicidal ideation.

Moreover, the stigma and discrimination fostered by these laws extend beyond personal suffering. They undermine the fundamental principles of equality and justice that are the cornerstones of any democratic society. By upholding these draconian laws, Sri Lanka continues to marginalise a significant segment of its population, denying them their basic human rights and dignity.

Countries across various continents have taken steps to decriminalise same-sex relationships and protect LGBTQ+ individuals from discrimination. Even in regions with traditionally conservative views, there has been notable progress. India, for instance, decriminalised consensual same-sex relations in 2018, a landmark ruling that has set a powerful precedent for South Asia. Nepal has also made strides towards recognising and protecting LGBTQ+ rights. Thailand, a Buddhist nation, is set to become the first Southeast Asian country to legalise same-sex marriage, by way of the marriage equality bill approved by its cabinet late last year.

Sri Lanka, too, has shown glimmers of progress. In recent years, there have been increasing calls from civil society, human rights organisations, and even some political leaders for the decriminalisation of same-sex relationships. The Sri Lankan Government’s commitment to human rights, as expressed in various international forums, must now be reflected in concrete legislative action to repeal Sections 365 and 365A.

For Sri Lanka to move forward, it must embrace the principles of justice and human rights for all its citizens, regardless of their sexual orientation or gender identity. This means not only repealing discriminatory laws but also enacting robust anti-discrimination legislation and fostering a culture of acceptance and support for the LGBTQ+ community. As Sri Lanka stands at this critical juncture, it has the opportunity to demonstrate true leadership and compassion. The decriminalisation of LGBTQ+ rights is not just a legal necessity but a testament to the country’s commitment to upholding the dignity and humanity of all its people. It is time for Sri Lanka to break free from the shadows of its colonial past and to build a future that is inclusive, just, and equitable for everyone.