Sexual minorities in Sri Lanka have been counted in recent times as consisting of as little as 0.035% of the population to as high as 19.6%. It is likely that there are around 1,100,000 according to current mapping conventions.[1]
Article 365 of the Sri Lankan Penal Code, which criminalizes same-sex sexual acts remains on the books, though the law has not been enforced in recent times, and the Supreme Court has said it would not impose penalties over consensual homosexual sex.[2] Premnath C. Dolawatte submitted a Private Member Bill to Parliament on the 23rd August 2022 aiming to repeal the colonial-era law banning homosexual sex, to which the current President of Sri Lanka said "we are for it" and his government would not oppose the private members bill, but that "you have to get the support of individual members [for the bill to pass in [[Parliament of Sri Lanka|parliament]]]."[3] It was later reported by media that the law is likely to be repealed in 2023 due to the cause gaining widespread consensus among said individual members of parliament.[4]
Sri Lanka has also been voted the top emerging travel destination in Asia by the gay-friendly travel website Travel Lemming, and several native companies and establishments offer tours and services to homosexuals.[5]
See also: History of sexual minorities in Sri Lanka. The Sri Lankans views of homosexuality in ancient times can be pieced together from several archaeological pieces, including records of homosexuality among kings and royal courts.[6] Sri Lanka did not have any legal restrictions on homosexuality until the colonial period.[7] Many European colonial correspondence accounts of the island's 'sinful' acceptance of homosexuality was written by Portuguese and Dutch invaders, characterizing the island's leaders as being frightening for allowing the act of sodomy, and even accounting that the elite themselves partook gay sex.[8] [9]
Hinduism and then Buddhism did not place negative stigmas on homosexuals and therefore there had been great acceptance of homosexuality in the island's ancient societies. The Hindu epic of Ramayana describes Hanuman witnessing two people engaged in "homosexual intimacy" on the island of Lanka.[10] [11] The Pali Cannon was written by monks in Sri Lanka around 29 B.C. and describes examples of sexual misconduct for monks and persists (but not the lay people).[12] It specifically states that any acts of soft homosexual sex (such as masturbation and interfumeral sex) does not entail a punishment but must be confessed to the monastery. The Pali Cannon is thought to be derived from the oral transmission of Buddha[13] [14] [15]
In the 14th century CE, Upāsakajanalankara did not list homosexuality as a crime in its list of sexual misconducts. The Mahawansa discusses an intimate relationship between King Kumaradasa and poet Kalidasa in the 5th century CE.[16]
The major source for homophobia in the country was when the British implemented the Indian Penal Code and applied Section 377A (now Section 365A of the Sri Lankan Penal Code) to the island.However during colonialism the island became a holiday destination for Europeans looking to escape the homophobia of their native country. [17]
Sri Lanka could be described as having a mixed attitude towards homosexuality.[18] Regardless of their sexuality, most men are expected to marry in adulthood.
In November 2016, Sri Lanka voted against a plan to get rid of the UN Independent Expert on violence and discrimination based on sexual orientation and gender identity at the United Nations General Assembly. The push to get rid of the UN expert failed 84–77. Sri Lanka along with Kiribati were the only two countries, where homosexuality is still criminalised, voted against the proposal.[19]
The conservative government later announced that the Government hopes to start working toward creating a law to ban discrimination based on sexual orientation. It also updated its human rights action plan to advance further rights for LGBT.[20]
In mid-2020, a well-known establishment issued an apology after an employee was accused of homophobia after denying entry to an LGBTQ individual, with the bouncer involved being terminated, followed by enhanced training to fight homophobia. Commentary on the incident discussed how people in the country were not aggressive with their homophobia, it would be often discussed behind closed doors.[21]
A survey in 2020 suggested that 74.3% had moderate to positive views about transgender people, whereas 62% had moderate to positive views on homosexuality. The least positive views were held by Hill Tamils and Sri Lankan Moors, but a majority of Sinhalese and Tamils had moderate to positive views on homosexuality.[22]
In 2023, the mayority of 69% of the population opposed same-sex unions' legalization, with a 60% strongly opposed it.[23]
Sri Lanka's two dominant religions, Buddhism and Hinduism, do not condemn homosexuality. The former talks about homosexuals using positive descriptions, including tips on how to have better homosexual sex in the Kama Sutra, while the latter's view on 'sexual misconduct' can affect liberal sexual activity among both heterosexuals and homosexuals.[24]
Equal Ground explained that a number of transsexuals and transgender people take refuge in the Buddhist order when disowned or pushed away by their families, such as by becoming a monk at a temple or monastery.[25] The influential Buddhist chapter, Asgiriya Chapter, came out in support of extending rights to LGBT, including support to amend the constitution.[26]
Verité Research, talking in the Sunday Observer, found that the media of Sri Lanka tended to sensationalise stories involving sexual minorities. An LGBT rights activist further explained in the Observer that “Media plays an important role in helping the society to accept these communities. Tamil media stays ignorant to the subject, while Sinhala media are being pretentiously ignorant by sensationalising stories of the LGBT+ communities,”.
It is considered that a gay culture exists on the island.[27] Although a number of venues that cater to LGBT exclusively/mostly exist, the bulk of the LGBT community frequent and meet-up at venues that predominantly cater to a heterosexual crowd and actively court the sexual minority community.
Serendip Beach Bar - primarily catering for the homosexual males and homosexual females, with an outdoor terrace and full range of alcoholic drinks.[29]
Dolce Vita - Italian-style cafe primarily focusing on the coffee-side of things, with a mixed lesbian and gay crowd.[30]
Lords - A gay-owned restaurant with alcoholic drinks. A mixed lesbian and gay crowd.[31]
Templeberg Villa - A gay-owned villa in the south of the island with yoga classes and in-room massages.[34]
Some contemporary pop and hip-hop songs also features LGBTQ+ themes. For example, "Red Lips" (අසම්මත පෙමක්-රතු තොල්) by A Jay can be considered a pop song featuring a queer theme.[35]
Flower of Six Petals (සයපෙති කුසුම) is a movie about a same-sex male relationship.[37]
Katuyahana - a 2003 play by Visakesa Chandrasekeran[38]
Shyam Selvadurai is currently a Canadian citizen who was born in Colombo to ethnic-Sinhalese and ethnic-Tamil parents. He has written a variety of literary works about sexual minorities and he has won several awards.[41]
Punyakante Wijenaike is a novelist that wrote about homosexual themes, including the 1971 book Giraya.
The EQUALITY Magazine "portrays members of the community in a positive manner encouraging people to embrace their queerness without fear and shame."[42]
Gordon Merrick was one of the first western gay fiction authors, who lived in Sri Lanka from 1976 to 1988 and eventually died of lung cancer in Colombo.
The Abhimani Film Festival has taken place every year within two weeks of the Colombo Pride being held under the auspicious of Equal Ground and the European Union. It is the oldest LGBT film festival in South Asia[43]
The Colombo Pride has been hosted by Equal Ground and the Goethe Institut for twelve years. Events usually include workshops, dramas/shows/musicals, films, art & photo exhibitions, parties and a kite festival.[44] PRIDE has faced difficulties by the Colombo Municipal Council and the local police when attempting to obtain permission to hold its events. They have also received threats of violence from radical groups.
The Diversity Games are held annually in Colombo by various Lesbian, Gay, Bisexual, and Transgender organizations.[45]
Around 43% of sexual minorities in Sri Lanka report 'high life satisfaction' as opposed to 24% in Pakistan and 34% in India. 64% of LGBT polled were single and not in a relationship. At least 51% of LGBT were out to family, a number that is higher than the number out to friends and to their workplace.[46] Around 46% stated that they share LGBTQ content openly on their social media profiles, with only 22% stating that they would never share such content on their own profiles.[47]
See main article: Homosexuality in Sri Lanka and Lesbianism in Sri Lanka.
The internet is the primary tool of communication for gays, with yahoo.com, gaydar.com, and gay.com being quite popular. 91% of gay men had lost their virginity by the age of 17. Facebook is also used to organise parties.
Lesbians in Sri Lanka were historically excluded from legal persecution until the late 1990s when during a political debate to decriminalize homosexual sex, the law was in fact expanded by the ruling party to cover female homosexual sex as well. The media ombudsmann at the time described lesbianism as 'sadistic' though the island's society has moved forward since that time.[48]
The majority of lesbians communicate and socialize through the internet. A messaging app called Emo is used by many sex workers to find their clients, whereas the younger generation prefers to organize parties and gatherings through arenas such as Facebook and WhatsApp, with various online communities also services as a tool for lesbians to find romantic partners.[49] 9% of LGBT in Sri Lanka reported they were in a homosexual relationship with another female.
A patient who wishes to undergo sex reassignment surgery (SRS) must consult a psychiatrist for an initial evaluation. If the person is deemed to be of sound mental status, an official letter endorsing this can be issued. The patient can now start to undergo necessary hormone therapy prior to any surgical intervention. It can often be troublesome to find therapists who are understanding of transgender issues.[50]
A major hindrance to most transgender individuals is that the island lacks many public or private hospitals that are able to perform SRS. The high costs of obtaining private treatment abroad can often be a strong deterrent from finishing the transition process.
It is currently possible for transgender individuals to obtain a new identity card from the Department of Registrations of Persons that is concordant with their gender identity, upon the provision of correct documentation to the department. However, many transgender individuals complain that they are unable to obtain the required documents (mainly medical notes) and therefore cannot register themselves for a new ID.[51]
See main article: Third gender in Sri Lanka.
Recent political activity in India has brought the topic more attention in mainstream media.[52] The recognition of the third gender in Sri Lanka is surprisingly prevented by attitudes within the LGBT community. A number of LGBT communities fear that introducing the concept to the LGBT rights movement and lobbying on their behalf would open them to further harassment from the wider society and may impede efforts to advance their own rights. A majority of people surveyed who identified as LGBT did not feel comfortable introducing the concept into mainstream LGBT rights lobbying.[53]
There is generally a lack of knowledge in Sri Lanka about the third gendered community, which is further compounded by a general lack of knowledge on LGBT individuals whether they are homosexual or third gendered.
See also: LGBT rights in Sri Lanka.
The politics of sexual minorities in Sri Lanka differ somewhat from the western norm. It is well known that there are several homosexual lawmakers in parliament that do not openly state their sexuality to the public, and there is at least one openly homosexual lawmaker in the cabinet. The majority of left-wing parties have mostly viewed homosexuality and the politics of sexual minorities as a non-issue and generally overlook it in favour of advertising populist policies that gain votes, with some of the most vocal homophobia coming from the far-left communist parties as per the traditional communist policy on homosexuality.[54]
There has been considerable support for reforming LGBT rights from various foreign political organizations. The EU,[55] UK[56] and Scandinavia[57] have all attempted to use trade deals to forward LGBT rights.[58] The UK's Theresa May and its ambassador to the US have both expresses remorse and regret towards the homophobic laws implemented in India and other Commonwealth countries.[59]
The highly influential Buddhist organization, Asgiriya Chapter, has vocally advised the government to support reforming the constitution in favour of sexual minorities.
| Sex | Lesbian, gay, bisexual, and transgender (LGBT) people in Sri Lanka face legal and social challenges not faced by non-LGBT people. Article 365 of the Sri Lankan Penal Code, which criminalizes same-sex sexual acts remains on the books, though the Supreme Court has ruled it unenforcable[60] | ||
| Anti-Discrimination Laws | Any discrimination plans have not become laws yet | ||
| Transsexuals | / | [61] [62] Not easily accessible though, many hospitals don;t have the technology to do these surgeries. | |
| Military Service | |||
| Third Gender | |||
| Blood Donations | Homosexual sex is classed as a risk behaviour by the National Blood Transfusion Service, along with drug use and having more than one sexual partner.[63] |