LGBTQ rights in Sri Lanka

LGBTQ rights in Sri Lanka
Legal statusIllegal since 1885 (as British Ceylon)
Penalty
  • 10 years imprisonment and fines (Not enforced; ruled unenforceable by the Supreme Court)
Gender identityLegally permitted following medical vetting; surgical intervention not legally required
MilitaryNo
Discrimination protectionsSome protections based on sexual orientation
Family rights
Recognition of relationshipsNo recognition of same-sex relationships
AdoptionNo

Article 365 of the Sri Lankan Penal Code, which dates from the time of colonial British Ceylon, criminalizes sexual acts deemed "against the order of nature." Under the applicable legal framework, individuals found in violation of these specific provisions may be subject to a maximum sentence of ten years in prison, in addition to facing substantial monetary penalties as determined by the court. The Supreme Court of Sri Lanka has ruled favourably for decriminalization and has agreed that any imposition of penalties are incompatible with the current times, but does not have the authority to invalidate laws, acts, or governmental actions. A bill aimed at decriminalization was submitted to parliament in August 2022; however, no action has been taken regarding the topic since. Although Article 365 is officially described as dormant, police still receive complaints citing it. These complaints are often used to justify harassment or moral policing, especially against LGBTQ individuals in public or private settings. Advocacy groups report that police routinely ignore complaints from LGBTQ victims, especially when the incident involves sexual violence or blackmail. The presence of Article 365 is cited as a reason for this neglect.

Transgender people can legally change gender following medical approval and surgical intervention is not required. In 2016 the Government of Sri Lanka launched Gender Recognition Certificates and provided clear guidelines to medical workers on how to positively deal with the transgender community. Both major parties from across the political spectrum have generally expressed support for transsexuality.

Since 2022, there are some legal protections based on sexual orientation. The government has stated that discrimination based on sexuality and gender is implicitly banned under the existing constitution, and it has proposed to provide anti-discrimination laws as part of a wider constitutional overhaul currently under negotiation.