Love is not a crime

Tuesday, 10 June 2025 00:04 - - {{hitsCtrl.values.hits}}

As countries and communities across the globe raise the rainbow flag in celebration of Pride Month, Sri Lanka stands out, not for its progress, but for its painful inertia. Despite global strides towards equality and inclusion, including in our region in India and Thailand, our country remains among the few in the world where same-sex relations are still criminalised. Section 365 of the Penal Code, a remnant of British colonial rule, continues to criminalise “carnal intercourse against the order of nature,” a vague and prejudiced phrase historically used to target LGBTQ+ individuals.

This law, rooted not in science or social necessity but in 19th-century canon law and religious dogma, is a grotesque relic of a bygone era. It reflects the prejudices of colonial rulers, not the values of a modern democratic republic. For Sri Lanka to cling to such a statute in 2025 is both indefensible and shameful. At its core, Section 365 violates the most basic principles of individual freedom and human dignity.

It is important to be clear. We are talking about the criminalisation of consensual relationships between adults, often in the privacy of their own homes. This is not about public safety, morality, or tradition. This is about State intrusion into the most personal aspect of human life, the right to love whom one chooses. The continued existence of such a law sends a dangerous message to a vulnerable community within society that they are second-class citizens, that their relationships are invalid, and that their identities are a crime. It makes perfectly law abiding citizens ‘criminals’ in the eyes of the law.

This Pride Month, while the world moves forward, Sri Lanka remains stuck, not because change is impossible, but because leadership lacks the will. President Anura Kumara Disanayake, swept to power along with a historic two-thirds majority in Parliament, came to office promising reform and social justice. Yet, when it comes to LGBTQ+ rights, his Government has remained silent. There has been no move to repeal Section 365, no roadmap for legal recognition or protection, and no public acknowledgment of the suffering endured by a section of our society.

In contrast, Thailand, the world’s largest Buddhist country, following the same orthodox Theravada tradition as a majority of Sri Lankans, last year became the first Southeast Asian nation to recognise same-sex marriage. This is while Sri Lanka cannot even begin a conversation to decriminalise same-sex relations let alone legalise such unions.

The consequences of inaction are not abstract. LGBTQ+ individuals in Sri Lanka continue to face harassment, blackmail, social exclusion, and mental health challenges, often exacerbated by the fear of legal reprisal. The law, rarely enforced in court, is frequently weaponised by police, employers, and family members. It breeds a culture of fear and invisibility, forcing many to live double lives or flee the country entirely.

It is long past time to repeal Section 365. The President and his Government must show the political courage to act. Let us reject colonial-era prejudice and embrace the diversity that makes our nation stronger. Let us ensure that no Sri Lankan is made to feel like a criminal simply for being who they are.

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