Sri Lanka: ICJ welcomes the Supreme Court’s determination that the proposed amendment decriminalizing consensual same-sex sexual relations between adults is constitutional
The ICJ today welcomed the determination by the Supreme Court of Sri Lanka regarding the constitutionality of the private member’s bill entitled Penal Code (Amendment) Bill 2023 whose stated objective is to repeal “provisions that make sexual orientation a punishable offence”. The Bill had been challenged by three petitioners who sought a determination by the Supreme Court that the Bill was inconsistent with provisions of the Constitution relating to Sovereignty, Fundamental Rights and Directive Principles of State Policy, and that it required the approval of a two-thirds majority in Parliament and the approval of the People at a referendum. Petitions in support of the Bill were also filed by a number of interveners, such as civil society organizations working to advance the human rights of lesbian, gay, bisexual and transgender (LGBT) persons in Sri Lanka, academics, and activists, including Professor Savitri Goonesekere who had previously served as a member of the Committee on Elimination of Discrimination against Women (CEDAW) and Dr. Radhika Coomaraswamy, who had formerly been a United Nations Under Secretary General and the Special Representative on Children and Armed Conflict.
