Bill to amend laws to protect LGBTQI community: SC commences hearing

• A very progressive judgment of five judges of the Supreme Court of India had held that gay people are entitled to the same rights and protections as heterosexual people

By Lakmal Sooriyagoda  

The Supreme Court on Thursday (20) commenced hearing into the Special Determination petition filed challenging the constitutionality of the private member’s bill submitted to parliament seeking to amend Sri Lanka’s penal code with the aim of protecting the country’s LGBTQI community.  

Supreme Court three-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justice Vijith Malalgoda and Justice Arjuna Obeysekera took up for special determination, in terms of the Supreme Court’s special jurisdiction, where the validity of the Bill titled “Penal code (Amendment) bill, which is a private member Bill moved by Member of Parliament Premanath C. Dolawatta.   

Attorney-at-Law Dharshana Weraduwage appearing for the petitioners informed that section 365 of the Penal Code (as amended) proposed to be amended by Clause 2(i) of the bill. He alleged that the said Clause seriously removed the safeguards placed by the legislature by Section 17 of the Amending Act No 22 of 1995, to protect Children below 16 years of age from among others, to Sexual Exploitation. Accordingly, he argued that said Clause seriously violates several article including the Articles 01, 03, 04(d), 12(1), 14(1)(f) of the constitution and duly require the approval of the people at a Referendum by virtue of the provisions of Article 83 of the constitution.  
President’s Counsel Sanjeeva Jayawardena appearing for the Member of 

Parliament Dolawatta, submitted that sections 365 and 365A represented grossly antiquated and anachronistic legislation which were violative of rights of gay people although such persons too are entitled to equality and equal protection of the law under article 12(1) and freedom from discrimination on their sex, gender or sexual orientation. He outlined how a very progressive judgment of five judges of the Supreme Court of India had held that gay people are entitled to the same rights and protections as heterosexual people under the corresponding provisions on equality under the Indian constitution and they cannot be vilified on the basis of their sexual orientation.