Dolawaththa to present private members bill to amend penal code to protect LGBTQI+ community

 Sri Lanka Podujana Peramuna MP Premnath C. Dolawaththa

• Says it is to be handed over as a tribute to former Minister Mangala Samaraweera
• Bill will propose amendments to S. 365 and 365 (a) on ‘unnatural offences’

By Maneshka Borham

Sri Lanka Podujana Peramuna MP Premnath C. Dolawaththa is set to present a private members bill to parliament in order to amend legal provisions within the country’s penal code which criminalise same-sex sexual activity.

Dolawaththa is expected to present the bill to Speaker Mahinda Yapa Abeywardena today which also marks the first-year death anniversary of former Minister Mangala Samaraweera, a known advocate for LGBT rights in 

Sri Lanka. 

Accordingly, Dolawaththa’s bill will propose amendments to sections 365 and 365 (a) on unnatural offences in the Penal Code.

Dolawaththa said he will hand over the private members bill to parliament today as a tribute to Samaraweera who continuously fought to remove all forms of discrimination and to protect one’s freedom to decide on one’s own sexual orientation.

The MP expressed his gratitude to the Executive Director of the Institute of Politics Sanjeewa Wimalagunarathna and Attorney at law Akalanka Hettiarachchi for assisting him in formulating 

the bill. 

Earlier this month, President Ranil Wickremesinghe issued a gazette removing Sections 365 and 365 A of the Penal Code from the country’s emergency regulations. 

Section 360 of the Penal Code terms “voluntary carnal intercourse against the order of nature with any man, woman, or animal” as an “unnatural offence”, while Section 365 A penalises “acts of gross indecency between persons”. 

These provisions have been relied on by the Police to harass and arrest LGBT persons. However, despite Wickremesinghe’s moves to remove the discriminatory provisions from the emergency regulations, LGBT activists have continued to call on the Government to repeal legal provisions against the community from the penal code.

Activist and Attorney at Law Aritha Wickramasinghe said: “For decades the LGBT community have been demanding all Governments to repeal these provisions. But every Government has either mocked us or told us that now was not the time.” 

According to him the community has suffered immensely and been subjected to various types of abuse. “By repealing these laws, we are not only returning dignity to LGBT people but prohibiting Government sanctioned rape of LGBT people,” he added.