Homosexuality in Sri Lanka

Homosexuality in Sri Lanka refers to males who have homosexual sex with other males on the island-state of Sri Lanka. It also references the history of homosexual sex on the island during it's history as Ceylon and as part of various continental kingdoms during pre-colonial times.

Human Rights and Legalities

Penal Code

The sections 365 and 365A proscribe that any unnatural offences or acts of gross indecency between persons should be punished with "rigorous imprisonment for a term not less than 10 years and not exceeding twenty years with a fine and compensation".[1]

Vagrants Ordinance

The section 07 of 1841 criminalizes soliciting and acts of indecency in public places, with a punishment of no more than six months and a fine of 100 rupees.[1]

History

Homosexuality has been in literature and artwork for several thousands of years. It is thought that homosexual sex was not looked down upon until the 16th century with the arrival of missionaries from Europe who promoted their religious values that forbade homosexual sex and eventually imposed laws criminalizing homosexual sex under colonialism.

Efforts during the post-colonial era to support sexual minorities increased in the 21st century.

Lanka

The concept of homosexuality was widely known in the prevailing Hindu culture by the time the Buddha founded his philosophies. The monastic discipline explicitly contained homosexual sex alongside a variety of prohibitions against heterosexual sex, and it also explicitly stated that these rules were to only be applied to monks and not the lay people. It is notable that masturbation is not considered a serious offense by the order.[2]

Homosexuality was also not criminalized nor marginalized during the pre-colonial times of the island. The traditional legal codes of Lanka did not criminalize sexual minorities or actively discriminate against homosexuals.[3]

In the 5th century of the Christian calendar, the monk Buddhaghosa attempted to explain what pandakas was in his scriptures to Buddhist lay people. Other records simply stay silent on the subject; for example, the Upāsakajanalankara, a guide for lay people written in the 14th century of the Christian calendar, discusses sexual misconduct in depth but makes no mention of homosexual sex.[4]

The Tripitaka does however contain passing references to homosexuality and transsexuality. For example, homosexuality is found in a case of a monk, called Wakkali, who became a monk because he was so attracted to how handsome Buddha was. We also find a case where a novice monk masturbated to a high ordained monk.[5]

Buddhism in Sri Lanka mostly focuses on sex on a non-discriminatory basis. It holds the view that sex is 'dirty' or 'immoral' and this is reflected in modern-day discussion about sex, including discussion on same-sex relations. The monastic rules state that monks should be celibate, but note that these rules do not extend to the lay people.[6]

Ground Views shares the opinion that Sri Lanka without colonial influences would have probably held a similar culture to that of Thailand.[6]

Ceylon

Christianity

With the colonial expansion of European empires to the island, also came missionaries from the European church.[7]

An observer in the 16th century, most likely a priest from the European church of ethnic European descent, claimed that “The sin of sodomy is so prevalent… that it makes us very afraid to live there. And if one of the principle men of the kingdom is questioned about if they are not ashamed to do such a thing as ugly and dirty, to this they respond that they do everything that they see the king doing, because that is the custom among them.”.[7]

Englishman John Knox, who by this time had lived in the country for twenty years and spoke fluent Sinhala, wrote about the King of Kandy; “Most of his Attendants are Boyes, and Young Men, that are well favoured, and of good Parentage. For the supplying himself with these, he gives order to his Dissava’s or Governors of the countreys to pick and choose out Boyes, that are comely and of good Descent, and send them to the Court. These boyes go bare-headed with long hair hanging down their backs. Not that he is guilty of Sodomy, nor did I ever hear the Sin so much as mentioned among them.” It should however be noted that accusing someone of homosexuality would be degrading their character.[7]

Sri Lanka

The ethnic conflict on the island is often cited as a major reason why legal rights for sexual minorities did not progress with the same speed as other countries. Often political parties that focused on moderation and the 'middle path', emphasising the needs for human rights, would be sidelined in favor of politcial parties that supported extremist and nationalist politics.[8]

The European Union has recently proposed to use its elevated trade deal negotiations to ensure that human rights on the island would be protected.[9]

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, who voted against the proposal.[10]

The conservative government later announced that the Constitution of Sri Lanka bans discrimination based on sexual orientation. It also updated its human rights action plan to advance further rights for LGBT. It was consequently followed by an announcement from the Supreme Court of Sri Lanka that it would not be able to enforce the criminal law Section 365A if a case was brought before it.[11]

In January 2017, cabinet members of the Sri Lankan Government rejected the chance to legalize homosexuality.[12] But in November, Deputy Solicitor General Nerin Pulle stated that the government would move to decriminalize same-sex sexual activity.[13][14]

Culture

Sri Lanka lacks a strong culture and environment for homosexual men. There are a handful of establishments aimed exclusively at homosexuals and lesbians, but the majority of bars and clubs frequented by homosexual men cater for a mixed crowd of both heterosexual and homosexual people. The media mostly remains silent and even hostile towards homosexual men, with very few releases featuring homosexual men being found within the island's media.

Gay man feel unable to openly complain about discrimination due to the social stigma attached to being homosexual, and this reflects the wider problem of homophobia on the island.[15]

Homosexual sex remains commonplace between younger men and at Buddhist temples.[16]

See Also

Sexual Minorities in Sri Lanka

Tamil Sexual Minorities

References

  1. 1 2 "Removing barriers for LGBT + people in Sri Lanka". Retrieved 2018-09-30.
  2. ↑ "Buddhism and Homosexuality". archive.globalgayz.com. Retrieved 2018-09-30.
  3. ↑ "Homosexuality in Buddhist Cultures – Bhante Dhammika". www.bhantedhammika.net. Retrieved 2018-09-30.
  4. ↑ "Homosexuality in Buddhist Cultures – Bhante Dhammika". www.bhantedhammika.net. Retrieved 2018-09-30.
  5. ↑ "Homosexuality in Buddhism and Sri Lankan Society". 2007-08-28.
  6. 1 2 "Homosexuality in Buddhism and Sri Lankan Society". 2007-08-28.
  7. 1 2 3 "Homosexuality in Buddhist Cultures – Bhante Dhammika". www.bhantedhammika.net. Retrieved 2018-09-30.
  8. ↑ "Sri Lanka's surprise political transition". Washington Post. Retrieved 2018-09-30.
  9. ↑ Campaign, Human Rights. "Sri Lanka Pressured to Remove Anti-LGBTQ Laws by E.U. Trade Deal | Human Rights Campaign". Human Rights Campaign. Retrieved 2017-08-31.
  10. ↑ Anti-LGBTI push at U.N. falls short Erasing 76 Crimes
  11. ↑ "SL committed to non-discrimination based on sexual orientation: Nerin Pulle". Retrieved 2017-12-08.
  12. ↑ Sri Lanka Keeps Homosexuality A Crime, But Bans Anti-LGBT Discrimination NewNowNext
  13. ↑ http://www.parliament.lk/files/pdf/constitution.pdf
  14. ↑ Sri Lanka promises to decriminalize homosexuality and to protect LGBTI people
  15. ↑ "Sri Lankan Police Arrest a Lesbian Couple and Police justifies its Action | Sri Lanka Brief". srilankabrief.org. Retrieved 2018-10-05.
  16. ↑ "Sri Lankan Police Arrest a Lesbian Couple and Police justifies its Action | Sri Lanka Brief". srilankabrief.org. Retrieved 2018-10-05.
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