Sexual minorities in Sri Lanka

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 LGBTQIA according to current mapping conventions.[1]

A 135 year old British law criminalizing gay sex remains on the books, however the law is not used and remains a dormant law. The US Department for Justice wrote that the police were "not actively arresting and prosecuting those who engaged in LGBT activity" and that the provisions have also reportedly not led to any convictions to date despite "complaints citing the provisions of the law [being] received by the police". It has also been ruled unenforcable by the Supreme Court.[2]

Sri Lanka has implemented anti-discrimination laws for homosexuals as part of its constitution and human rights action plan.[3] It has recognized transsexuals for a very long time and has been making it easier for transsexuals to identify and convert in recent years.[4] However, there remains little positive media coverage of homosexuality and there is very little culture catering for the sexual minority community.[5]

History

The islanders views of homosexuality in ancient times can be pieced together from several archeological pieces, including records of homosexuality among kings and royal courts.[6] Many European colonial correspondence account 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.[7]

Hinduism and then Buddhism did not place negative stigmas on homosexuals and therefore there had been great acceptance of homosexuality in Ancient Sri Lanka. The 14th century CE Upāsakajanalankara did not list homosexuality as a crime in its list of sexual misconducts.The Mahawansa discusses an intamate relationship between King Kumaradasa and poet Kalidasa in the 5th century CE.[8]

Most of his Attendants are Boys, and Young Men, that are well favored, 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 Boys, that are comely and of good Descent, and send them to the Court. These boys 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

— Robert Knox, An Historical Relation of the Island of Ceylon, 1681

The major source for homophobia in the country was from when the British implemented the Indian Penal Code and applied the Section 377A (now Section 365A of the Sri Lankan Penal Code) to the island.[9]

“On one hand, we are screaming about homosexuality being a Western import, when in fact it is the British laws that are a Western import, not homosexuality,”

— Flamer-Caldera, NBC News

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]

    Culture

    Sri Lanka's two dominant religions, Hinduism and Buddhism, 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.[12]

    Equal Ground explained that a number of transsexuals and transgendered 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.[13] The influential Buddhist chapter, Asgiriya Chapter, came out in support of extending rights to LGBT, including support to amend the constitution.[14]

    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,”.[5]

    Venues

    Though a number of venues that cater to LGBT exclusively/mostly exist, the bulk of the LGBT community frequent and meet-up venues that predominantly cater to a heterosexual crowd and actively court the sexual minority community.

    Cafes

    A number of gay bars and gay cafes exist on the island. Mount Lavinia is considered to be a major homing point for the capital's sexual minorities and a number of bars and clubs there actively court the sexual minority community. The former Dutch colonial town of Negombo is also considered to have a "thriving" gay scene with many of the bars and clubs actively seeking LGBT patrons.[15]

    Serendip Beach Bar - primarily catering for the homosexual males and homosexual females, with an outdoor terrace and full range of alcoholic drinks.[16]

    Dolce Vita - Italian-style cafe primarily focusing on the coffee-side of things, with a mixed lesbian and gay crowd.[17]

    Lords - A gay-owned restaurant with alcoholic drinks. A mixed lesbian and gay crowd.[18]

    Nightclubs

    Lush - A nightclub in central Colombo that puts on exclusively LGBT events.[19]

    Hotels and Spas

    Mahasen by FOOZOO - A gay-owned hotel in Colombo.[20]

    Templeberg Villa - A gay-owned villa in the south of the island with yoga classes and in-room massages.[21]

    Media

    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.[22]

    Cinema

    Flying with One Wing (තනි තටුවෙන් පියාඹන්න) (2002) – written and directed by Asoka Handagama, it features a Sri Lankan woman who passes for a man in the society and in her personal relationship.[23]

    Flower of Six Petals (සයපෙති කුසුම) is a movie about a same-sex male relationship.[24]

    Literature

    Arthur C. Clarke was an ethnic-British gay sci-fi fiction author that included LGBT characters in his work. He lived in Cinnamon Gardens in Sri Lanka until his death in 2008.[25][26]

    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 literature works about sexual minorities and he has won several awards.[27]

    Non-Fiction

    The EQUALITY Magazine "portrays members of the community in a positive manner encouraging people to embrace their queerness without fear and shame."[28]

    Festivals

    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[29]

    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.[30] 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 by radical groups.[28]

    Society

    Homosexual Men

    Homosexual Women

    The IGLHRC found from a two-year long research project that female "LBT people faced this frequent violence and daily discrimination without any protection from the state". Reuters cited how a 'formerly friendly neighbours threatened two women with rape after discovering they were a lesbian couple.'[31] Women face discrimination at the work place - for example, there have been cases where lesbians in sports teams have lost their places once they came out.[32]

    The late 1990s saw the government expand the criminalization of homosexual sex from men-only to encompass females as well. The homophobia faces by lesbians at the time could be gleamed from the reaction to a women's support group trying to hold a conference for lesbians, against which a leading newspaper published a letter stating that the women should be raped, and complaints about the letter to the media ombusmann was met with replies that lesbianism was "sadistic".[32]

    Transsexuals

    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.[33]

    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.[33]

    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.[34]

    Intersex

    The island remains quite hostile to people of intersex association. A monk recently claimed that he was 'very concerned' that the government was full of hundreds of 'p-sets' - a slur for people that are intersex.[35]

    Third Gender

    The recognistion of 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.[36]

    There is generally a lack of knowledge in Sri Lanka about the third gendered community, which is further compounded by general lack of knowledge on LGBT individuals whether they are homosexual or third gendered.[36]

    Politics

    Human Rights and Legalities

    Sex Nota bene Section is not enforced and complaints are ignored by police. The Supreme Court has advised that the law is unenforcable at the court.
    Anti-Discrimination Laws Green tick As part of the constitutional protections against discrimination and the separate human rights action plan.
    Transsexuals Green tick
    Military Service Red X
    Third Gender Red X
    Blood Donations Red X A number of groups are excluded from blood donation along with homosexuals if the group is considered high risk.

    Supreme Court Judgements

    LGBT rights in Sri Lanka Sri Lanka
    Same-sex sexual intercourse legal status Illegal under Article 365A, but unenforced and now dormant as per Supreme Court judgement
    Gender identity/expression Transgender people allowed to change gender, following surgery and therapy
    Discrimination protections Yes, constitutional protections
    Family rights
    Recognition of
    relationships    		 No recognition of same-sex couples
    Adoption –

    The Constitution of Sri Lanka prohibits the Supreme Court from striking down Article 365A because the Constitution does not provide the Supreme Court with the power of judicial review. The second republican constitution was amended to state "all bills passed in parliament shall become law after it receives the Speaker's Certificate (79), it will be final and cannot be questioned in any court of law (80.3)".

    All existing written law and unwritten law shall be valid and operative notwithstanding any inconsistency with the preceding provisions of this Chapter.

    — Article 16 (1) of the constitution:

    However, in 2017, the Supreme Court had made a pronouncement and established new case law by saying that it would be inappropriate to impose custodial sentences on people who were accused of engaging in homosexual sex, thereby de facto setting the law legally dormant.

    Mr. Nerin Pulle said the Supreme Court has made a recent progressive pronouncement on Penal Code offences that may be applied to same sex sexual conduct. “In SC appeal 32/11, the court acknowledged “contemporary thinking that consensual sex between adults should not be policed by the State nor should it be grounds for criminalization.” While acknowledging that such offences are part of Sri Lanka’s criminal law, the court held that imposing custodial sentences would be inappropriate in cases where the impugned acts were between consenting adults,” he said.

    — Lahiru Pothmulla, http://www.dailymirror.lk/article/SL-committed-to-non-discrimination-based-on-sexual-orientation-Nerin-Pulle-140616.html

    Political Parties

    UNP (Conservative)

    It's widely held that the homosexuality of the party's leader is an open secret. Ranil Wickremesinghe was the victim of accusations that he abused his power to seduce younger party members into having homosexual sex with him, which they allege is driving parents to keep their children away from the party's promotional activities. This might reflect the ethos of the party and its voter base as a whole.[37]

    Mangala Samaraweera is an openly gay politician serving as the country's Ministry of External Affairs on behalf of the UNP.[38]

    Being gay is totally fine. Even in Sri Lanka you can be gay, as long as you marry a woman. I think this is horrible (girls I know have married gay guys in arranged marriages and it was predictably terrible and short lived). What I mean is that being homosexual is fine even if it’s not accepted by some cultures. Sexual harassment and assault is not fine in any abstraction.

    — Indi Samarajiva, Colombo Telegraph

    In November 2017, Deputy Solicitor General Nerin Pulle stated that the government would move to decriminalize same-sex sexual activity.[39]

    UPFA (Socialist)

    The party had used homophobic slurs in parliament against the UNP whilst openly gay Mangala Samaraweera was speaking.[38]

    Persecution

    Particularly in this country, being ‘out and proud’ as a LGBTI or Q person is a very difficult task.

    Rosanna, Daily Mirror

    Homosexuality remains a taboo subject and they are often associated with pedophiles due to several scandals and "anti-gay groups ... brand all lesbian, bisexual, transgendered persons as ‘perverts’ and criminals". Many "individuals are denied access to health services, education and employment and the ability to participate in social and public life".

    The United States Department for Justice wrote that the police were "not actively arresting and prosecuting those who engaged in LGBT activity" and that the provisions have also reportedly not led to any convictions to date despite "complaints citing the provisions of the law [being] received by the police".[2]

    The right-wing UNP attempted to include decriminalization of homosexual sex in the constitution, but this was vetoed by the left-wing UPFA.[40]

    Social Issues

    Conversion therapy

    Some private clinics in Sri Lanka claim to be able to "cure" patients of their homosexuality, although the World Health Organization does not view homosexuality to be a mental illness. Conversion therapy is a harmful and unscientific intervention that can cause significant mental distress to those who undergo it. Groups such as "Companions On A Journey" and "Equal Ground" are helping to educate the public on the dangers of such harmful practices.

    HIV/AIDS

    While HIV/AIDS is not only a public health problem for LGBT people, the HIV/AIDS pandemic has helped to open up a more public debate about gender roles and human sexuality in Sri Lanka.[41] The high levels of poverty, combined with the stigma associated with the disease and conservative cultural mores, has made it difficult to implement comprehensive prevention programs and to offer life-saving treatment to those people already infected.

    Initially, during the late 1980s–1990s, the Sri Lanka Government tended to ignore the pandemic. This may have been because of the political instability in the Government during the Civil War, or because of the taboo nature of the pandemic scaring off government officials. It was not until the early part of the twenty-first century that a national HIV/AIDS policy was developed in Sri Lanka.

    As of 2017, a National AIDS Council has been established, the Government formally recognizes the United Nations World AIDS Day, more public education about the disease is available and efforts are being made to combat the prejudice people living with HIV/AIDS face in the workplace.[41]

    Mental Health

    A report published by the IGLHR found that sexual minorities on the island faced "high levels of sexual violence, emotional violence and physical violence" with insufficient support from the government or legal framework. This often led to high levels of suicide among the sexual minority community.[5] The Colombo Telegraph called for further education of parents to ensure they support their LGBT children through their mental health problems and to prevent suicide.[42]

    Financial difficulties

    A number of transgender people complain about the high cost of undertaking conversion to their desired gender, in-part because government funded facilities are generally of poorer quality and that a lack of trained staff exist on the island.[43]

    Chandrasena’s success enables her to get first-rate medical care. She started getting hair removal treatments in 2009; the facial laser treatment she undergoes every six months costs about 6,000 rupees ($45), Chandrasena says. She also spends about 39,000 rupees ($300) for each four-month supply of the estrogen injections she takes every other week. Those prices are average in Sri Lanka.

    It has been thought that a number of transgender people are forced to work as sex worked in order to earn money for themselves, though they face the risk of being arrested as prostitution is illegal on the island[44]

    Ranketh, a transgender man who asked that only his last name be used to protect his identity, says he spent years looking for doctors and psychiatrists to help him through his gender change, but at first he couldn’t find anyone to assist him.

    Homosexuals who live in rural areas tend to face a more homophobic climate and a worse financial situation, forcing most of these people to seek employment in urban areas.[2]

    Child Pornography and Child Sex Tourism

    Sri Lanka has a reputation among western pedophile circles as a major tourist destination for western pedophiles. It was historically among the top three sources for child pornography videos, along with Thailand and the Philippines. The Independent stated that "relations between boys and girls are discouraged until marriage, and until then many Sri Lankans take a discreet and casual attitude towards homosexuality".[45]

    'One father told me: 'what did it matter, my son won't get pregnant','

    — Ms Seneviratne., The Independent

    The estimates between how many boys are caught up in the sex trade vary from as low as the 1990s government figure of 1000 to independent NGO estimates of as high as 30,000.[45] Sri Lanka is well known in Europe as an holiday destination for buying sex with young boys including in the relevant European gay community.[46]

    Charitable organizations

    • Equal Ground[2]
    • Diversity and Solidarity Trust[2]
    • The Support Group[2]

    Personalities

    Mangala Samaraweera is an openly gay politcian serving as the country's Ministry of External Affairs on behalf of the conservative UNP.[38]

    Waradas Thiyagaraja - LGBT+ rights activist[5]

    See also

    References

    1. ↑ "Counting in LGBT". Retrieved 2018-09-07.
    2. 1 2 3 4 5 6 "Department for Justice" (PDF).
    3. ↑ "LGBT community yearns for acceptance by society". Sunday Observer. 2018-06-23. Retrieved 2018-09-09.
    4. ↑ ""All Five Fingers Are Not the Same" | Discrimination on Grounds of Gender Identity and Sexual Orientation in Sri Lanka". Human Rights Watch. 2016-08-15. Retrieved 2018-09-09.
    5. 1 2 3 4 "The battle against homophobia in Sri Lanka". Sunday Observer. 2018-09-22. Retrieved 2018-09-23.
    6. ↑ "Activist fights to decriminalize homosexuality in Sri Lanka". NBC News. Retrieved 2018-09-07.
    7. ↑ "Sri Lanka News | The Sinhala King of Kotte was so GAY.In 1547,the Portuguese wrote a letter to the Governor of Goa to express the fear of living among the Sinhalese, it says the homosexuality is so prevalent in this kingdom of Cota that it almost frightens us to live here". www.lankanewspapers.com. Retrieved 2017-11-01.
    8. ↑ "Sri Lanka: The Psychological Impact of Homophobia". Equal Eyes. Retrieved 2018-09-22.
    9. ↑ "Activist fights to decriminalize homosexuality in Sri Lanka". NBC News. Retrieved 2018-09-09.
    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. ↑ Experts, SEO. "Homosexuality and Scripture | swamitripurari.com". swamitripurari.com. Retrieved 2017-11-01.
    13. ↑ chandimal, damith. "culture of transphobia.pdf" (PDF).
    14. ↑ "Asgiriya Chapter calls for the right to equality for LGBT | Sri Lanka Brief". srilankabrief.org. Retrieved 2018-10-05.
    15. ↑ "Tourism Observer: SRI LANKA: Colombo,Do Not Kiss Or Hug It Is Culturally Unacceptable,Public Nudity Is Illegal,Traffic And Pollution Intense". Tourism Observer. 2017-10-06. Retrieved 2018-09-26.
    16. ↑ "Serendip Beach Bar - Negombo - Sri Lanka - Spartacus Gay Map -". Spartacus Gay Guide. Retrieved 2018-09-26.
    17. ↑ "Dolce Vita - Spartacus Gay Map -". Spartacus Gay Guide. Retrieved 2018-09-26.
    18. ↑ "Lords - Spartacus Gay Map -". Spartacus Gay Guide. Retrieved 2018-09-26.
    19. ↑ "Gay Sri Lanka and Sri Lankan Gay and Lesbian Resources by Utopia Asia". www.utopia-asia.com. Retrieved 2018-09-26.
    20. ↑ Ltd, Listudios (Pvt). "Mahasen by Foozoo | A cosy and cheerful bnb in Colombo". Foozoo Infinite. Retrieved 2018-09-26.
    21. ↑ "Sri Lanka villa rental: best villa sri lanka for galle stay". Sri Lanka villa rental: best villa sri lanka for galle stay. Retrieved 2018-09-26.
    22. ↑ "Sodomy Laws, Sri Lanka". galpn.org. Retrieved 2011-02-05.
    23. ↑ "සිංහල සිනමා විස්තරය". www.sarasaviya.lk. Retrieved 2018-09-26.
    24. ↑ admin (2018-08-15). "තමන්ට ලැබුණු සම්මානය පිළිබද සංක්‍රාන්ති ලිංගික භුමි කියන කතාව මෙන්න". SLNewsLanka. Retrieved 2018-09-26.
    25. ↑ "Arthur C. Clarke's Sri Lanka – Connected Traveler". connectedtraveler.com. Retrieved 2018-09-26.
    26. ↑ Belonsky, Andrew (2017-12-09). "How Sci-Fi Giant Arthur C. Clarke Predicted an LGBT-Friendly World". The Daily Beast. Retrieved 2018-09-26.
    27. ↑ "Funny Boy". www.goodreads.com. Retrieved 2018-09-26.
    28. 1 2 "LGBTIQ visibility through Colombo PRIDE". Retrieved 2018-09-23.
    29. ↑ "Abhimani European Film Festival for Colombo PRIDE 2018 | FT Online". www.ft.lk. Retrieved 2018-09-23.
    30. ↑ Equal Ground has 'Nothing But Pride' for Sri Lanka's LGBT community
    31. ↑ Foundation, Thomson Reuters. "Lesbians and bisexual women in Asia face stigma and violence - report". news.trust.org. Retrieved 2018-09-26.
    32. 1 2 www2.ohchr.org/english/bodies/cedaw/docs/ngos/WSG_SriLanka48.pdf
    33. 1 2 Jayasinha, Anukshi (2016-10-05). "What It Means To Be Transgender In Sri Lanka". Roar Reports. Retrieved 2017-08-31.
    34. ↑ "Who am I?". Retrieved 2017-08-31.
    35. ↑ "Sri Lanka's Homophobia & Our Silence". Colombo Telegraph. 2016-01-09. Retrieved 2018-09-26.
    36. 1 2 Pullat, Urmila (2012). "Transgendered in Sri Lanka: Gender Identity and the Law in Sri Lanka and India". SSRN Electronic Journal. doi:10.2139/ssrn.2425503. ISSN 1556-5068.
    37. ↑ "Is Ranil Gay?". Colombo Telegraph. 2012-09-01. Retrieved 2018-09-07.
    38. 1 2 3 "Standing Up For The Gay Politician: Mangala Samaraweera On Right Track?". Colombo Telegraph. 2017-05-08. Retrieved 2018-09-07.
    39. ↑ Sri Lanka promises to decriminalize homosexuality and to protect LGBTI people
    40. ↑ "Sunday Times".
    41. 1 2 "HIV/AIDS" (PDF). cplanka.org. Archived from the original (PDF) on 22 July 2012. Retrieved 5 February 2011.
    42. ↑ "Tackling The Burden Of Suicide In Sri Lanka". Colombo Telegraph. 2016-01-21. Retrieved 2018-09-27.
    43. ↑ "For 'Mind and Soul': Sri Lanka Eases Way To Legal Recognition of Transgender People". Global Press Journal. 2016-12-18. Retrieved 2018-09-07.
    44. ↑ "Financial Status Eases Burden for Transgender People in Sri Lanka". Global Press Journal. 2014-12-03. Retrieved 2018-09-07.
    45. 1 2 "Sex tourists prey on Sri Lanka's children: Beach resorts are". The Independent. Retrieved 2018-09-21.
    46. ↑ "Sun-Surf-Sex Tourism | Samar Magazine". samarmagazine.org. Retrieved 2018-09-21.
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