Despite the Government's recent statement that it would decriminalise same-sex relationships by repealing the relevant provisions of the Penal Code, there are no legal amendments being made regarding the same as of now, The Daily Morning learned.

Minister of Foreign Affairs, President’s Counsel (PC) M.U.M. Ali Sabry told The Daily Morning in February that the Government would decriminalise same-sex relationships, but that same-sex marriages would not be legalised.

The Daily Morning contacted Justice, Prisons Affairs and Constitutional Reforms Minister, Dr. Wijeyadasa Rajapakshe PC and queried as to whether there are any legal amendments being made to decriminalise homosexuality, and he said: "There are some Private Member’s Bills presented to Parliament with regard to this matter. However, nothing has been referred to us, and the Ministry has not been involved in making any amendments so far."

Noting that there was a Private Member’s Bill initiated by the Sri Lanka Podujana Peramuna (SLPP) Government MP and Attorney Premnath C. Dolawatte, Ali Sabry said in February that the Government would support its position of decriminalising same-sex relationships. "We are not legalising same-sex marriages, but we would decriminalise it. I think that there is a lot of consensus for that, so let that come to Parliament,” he said at that time.

Last year (2022), a Bill to amend the Penal Code with the aim of protecting the rights of the lesbian, gay, bisexual, transgender, intersex, queer and questioning (LGBTIQ) communities in Sri Lanka was handed over to President and National Policies Minister Ranil Wickremesinghe by Dolawatte.

Section 365 of the Penal Code defines “unnatural offences” as being “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal”. An explanation is provided in that “Penetration is sufficient to constitute the carnal intercourse necessary to the offence”. This is an offence which, if involving adults (in this case over 18 years), upon a guilty conviction, carries a penalty of a maximum term of imprisonment of 10 years and a fine.

Section 365A states: “Any person who, in public or private, commits, or is a party to the commission of, or procures, or attempts to procure, the commission, by any person, or any act of gross indecency, with another person, shall be guilty of an offence.” The punishment upon conviction for the offence between adults is to be sentenced to a maximum term of imprisonment of two years and/or a fine.