The Human Rights Commission of Sri Lanka (HRCSL) has issued a formal letter to the Minister of Justice, Prison Affairs, and Constitutional Reforms Ali Sabry P.C, urging the Government to support the decriminalisation of same-sex relations. 

This follows the recent enactment of the Women Empowerment Act, which includes provisions that explicitly recognize the right to non-discrimination based on sexual orientation.

In the letter, dated August 13, the HRCSL highlights the ongoing concerns surrounding Sections 365 and 365A of the Penal Code, which have historically been used to criminalise sexual activity between individuals of the same sex. 

The Commission points to the Supreme Court's (SC) recent observations, which assert that decriminalising consensual sexual activity among adults, irrespective of their sexual orientation, would further human dignity and align with Article 12(1) of the Constitution.

The HRCSL's letter emphasises the significance of the Women Empowerment Act, No. 37 of 2024, which for the first time in Sri Lanka's legislative history, recognises non-discrimination based on sexual orientation. 

The Act follows previous legislative efforts, such as the Assistance to and Protection of Victims of Crime and Witnesses Act, No. 10 of 2023, which also acknowledged sexual orientation as a factor that may determine the vulnerability of victims or witnesses.

The HRCSL further notes that the continued criminalisation of same-sex relations under Sections 365 and 365A is inconsistent with Sri Lanka’s international obligations under the International Covenant on Civil and Political Rights (ICCPR). 

The Commission cites the Human Rights Committee's Concluding Observations on Sri Lanka, which specifically criticized the continued criminalisation of same-sex activity as a violation of Articles 2, 7, 9, 17, and 26 of the ICCPR.

The letter also addresses the recent increase in hostile and discriminatory rhetoric against the LGBTQ community, including misinformation regarding the scope of the Private Member’s Bill aimed at amending Sections 365 and 365A. 

The HRCSL clarifies that the bill does not seek to legalise same-sex marriage but rather to decriminalise certain sexual acts between consenting adults. 

The Commission argues that the retention of these Penal Code provisions is "wholly incongruous" with the legislative advancements made under the Women Empowerment Act.

In its concluding remarks, the HRCSL reiterates its recommendation that the Ministry of Justice support the enactment of the Private Member’s Bill and consider adopting it as a government proposal to expedite its passage. 

The Commission urges the Ministry to disregard any hostile, discriminatory, and misleading discourse when considering necessary legislative reforms.