(English) HRCSL writes to the Minister of Justice and National Integration regarding sections 365 and 365A of the Penal Code
The Human Rights Commission of Sri Lanka (HRCSL) wrote to Hon.
Harshana Nanayakkara, Minister of Justice and National Integration in
terms of its mandate under section 10(d) of the Human Rights
Commission of Sri Lanka Act, No. 21 of 1996.
In its letter, the Commission recalled its previous letters dated 22
November 2023 and 13 August 2024 sent to the Ministry with reference
to sections 365 and 365A of the Penal Code (Chapter 19). The said
sections relate to ‘unnatural offences’ and ‘acts of gross indecency
between persons’ and have been used to criminalise sexual activity
between persons of the same sex.
The Commission recalled that a Private Member’s Bill was recently
presented with the stated intent to repeal / amend the said provisions
in the Penal Code. The Commission was of the view that the passage of
the Bill would ensure full compliance with Sri Lanka’s obligations
under international law, including under the International Covenant on
Civil and Political Rights (ICCPR), which under articles 2 and 26
guarantees the right to non-discrimination. The Human Rights
Committee, the treaty body tasked with supervising the implementation
of the ICCPR, has observed that the right to non-discrimination
includes non-discrimination on the grounds of sexual orientation.
Read More:
HRCSL Letter to MOJ on 22 05 2025
HRCSL-letter-to-Ministry-of-Justice-on-13-August-2024
HRCSL-Letter-to-Minister-of-Justice-re.-Penal-Code-on-22-11-2023