Time for a shift on LGBTQIA+ rights

While the world continues to progress towards greater acceptance of diverse sexual orientations, Sri Lanka remains steadfast in holding on to colonial-era laws that criminalise same-sex relations. As neighbouring Thailand, the largest Theravada Buddhist country in the world, this week took a giant leap forward in this regard by legalising same-sex marriage, Sri Lanka’s laws still stand as an anachronism, hurting its citizens and branding many as criminals for loving who they love.

Sri Lanka’s criminalisation of same-sex relations stems from the Penal Code, introduced during British colonial rule in the 19th century. While many former colonies have since reformed these laws, Sri Lanka has clung to them, citing tradition and cultural values as justification. But these supposed “traditions” are often little more than remnants of a foreign legal system that never truly reflected the values of Sri Lanka’s own society.

Thailand’s landmark decision to legalise same-sex marriage last week is a poignant reminder of the positive changes that are possible when societies, governments, and lawmakers choose to respect the dignity and equality of all people. It is a significant step forward for LGBTQIA+ rights in a region that is often seen as conservative on such matters, demonstrating that Buddhism and progressive reforms are not mutually exclusive.

In contrast, Sri Lanka’s LGBTQIA+ community continues to fight for recognition, legal equality, and basic human rights. Same-sex relations between consenting adults remain criminalised under Section 365 and 365A of the Penal Code, which makes “carnal knowledge against the order of nature” illegal. For many LGBTQIA+ people in Sri Lanka, this law results in daily fear of discrimination, police harassment, and violence. It’s an injustice that has persisted for far too long, despite the growing momentum in other countries to embrace inclusivity.

The notion that preserving such colonial-era laws is somehow an act of defending Sri Lanka’s culture is an outdated and harmful narrative. Culture, like society itself, evolves. It must accommodate the rights and freedoms of all citizens, regardless of sexual orientation or gender identity. The refusal to decriminalise same-sex relations is not a stand for tradition, but rather a failure to modernise and respect the fundamental rights of individuals.

There have been efforts to reform these laws in Sri Lanka, yet every attempt has been met with resistance. Proposals to decriminalise homosexuality and protect LGBTQIA+ rights have been stymied by powerful conservative forces, including religious groups and political leaders who fear a challenge to their interpretations of cultural norms. However, this approach is rapidly becoming unsustainable in an increasingly globalised world that champions human rights and personal freedoms.

Countries that have decriminalised homosexuality have seen positive changes, from improvements in public health outcomes to enhanced international standing. It is high time Sri Lanka acknowledges the urgency of these reforms.

The successful example set by Thailand should serve as both an inspiration and a challenge to Sri Lanka. The country must ask itself: will it continue to uphold laws that alienate and oppress its own citizens in the name of outdated traditions, or will it embrace the values of equality, justice, and freedom for all? The choice is clear—and the need for action is urgent.