Sri Lanka’s LGBTIQ community welcomes strong judgment by country’s Supreme Court

Colombo (News 1st)  - Sri Lanka's LGBTIQ community on Wednesday welcomed a strong judgment by the country's Supreme Court which may have paved the way for the decriminalization of same-sex relationships.

Sri Lanka's Penal Code currently contains provisions that allow prosecution for 'unnatural' sexual relations with men and women.

The Women and Media Collective, together with a group of LGBTIQ community members, in a media statement said: "The Judges surpass the task that was placed before them and go as far as to say that they are of the opinion that the changes to this laws will, in fact, result in the affirmation of Constitutional Rights to a section of the Sri Lankan citizenry – the LGBTQI+ population.

”

A 3-member bench ruled in an exhaustive 43-page judgment that the Bill was consistent with the constitution and would not require a two-thirds majority in the house or a national referendum.

Initially, a Private Member’s Bill to Amend the Penal Code had been presented by MP Premnath Dolawatte on 4th April.

Three petitioners challenged the Bill and sought a determination from the Supreme Court that the Bill needed to be passed by a two-thirds majority in Parliament and a referendum, alleging that it was inconsistent with the Constitution. Fourteen intervening petitions in support of the Bill were then filed by 30 other citizens and two civil society organizations.

“

The change in this law, it has been stated will ensure the full realization of the fundamental rights of this group of citizens. The court has affirmed such rights with a primary focus on Human Dignity and the Right to Privacy using national and international precedents

,

especially the progressive judgment from the Supreme Court of India in 2018 in the Navtej Johar case that decriminalized homosexuality there

,” the statement said.

“

The Court declared in no uncertain terms that the arguments that changing this law will be harmful to children, the security forces and will increase HIV is baseless, legally unviable, excessive and even ‘absurd’

.

The judgment is a significant legal affirmation of the plight of LGBTQI+ people in Sri Lanka and the fact that criminalization hangs like the ‘spectre of a sword’ threatening their well-being, enjoyment of rights, peace of mind and development in all aspects of their life

,” the statement said

.

“

We begin to dream, albeit cautiously, of living lives free of violence where members of the LGBTQI+ community may live full lives and Sri Lankan society can grow into one that protects, nourishes and enhances inclusion, diversity and heartfelt acceptance of one another across differences

,” they added

.