HRC seeks Wijeyadasa’s stance on Bill related to same-sex rights

In a letter addressed to Justice Minister Wijedasa Rajapakse, the Sri Lankan Human Rights Commission has raised inquiries regarding the Minister’s stance on MP Premnath Dolawatte’s Private Members Bill related to same-sex rights.

The bill, which seeks to amend sections 365 and 365A of the Penal Code, has garnered attention due to its potential to bring about significant legal reforms. These sections have historically been used to criminalize consensual relationships, including those of same-sex couples.

Introduced to Parliament in April 2023, the Private Members Bill faced criticism and constitutional challenges. However, it received a landmark verdict from the Supreme Court in May 2023, with the Court ruling in its favor. The Court dismissed arguments related to child exploitation, erosion of the rule of law, potential health risks like increased HIV/AIDS cases, and perceived conflicts with religious principles, deeming them “absurd.”

Additionally, the Court emphasized that penalizing consensual relations between adults based on outdated moral standards undermines the human dignity and rights guaranteed by Article 12(1) of the Sri Lankan Constitution.

In its formal communication, the Human Rights Commission underscored Sri Lanka’s obligations as a signatory to the International Covenant on Civil and Political Rights (ICCPR) and reminded the government of its commitments to protect the rights of LGBT+ citizens.

The Commission urged the Minister of Justice to extend his support and expedite the legislative process for the Bill, which underwent its Second Reading on December 13th of the preceding year.

The Human Rights Commission’s involvement reflects a significant step towards ensuring equal rights and protections for all individuals, regardless of their sexual orientation, in line with Sri Lanka’s commitment to its own citizens. The forthcoming actions taken by the Ministry of Justice will shape the future of this much-needed legislative reform.

It is worth noting that the Minister of Justice has faced scrutiny for his previous remarks on human rights issues. During his tenure as the head of the Press Complaints Commission, he made controversial statements regarding lesbian individuals, characterizing being a lesbian as “sadistic.” Furthermore, he voiced support for an article advocating for the release of convicted rapists from Welikada Prison to commit violence against lesbian women. In that particular case, Rajapaksa ruled against the complainant (a male) and imposed a fine of Rs. 2100, stating, “The complainant, in any event, is not a female who can participate in lesbian activities… He cannot be subject to any such rape as referred to in the article, and therefore, he cannot be a victim of such violence.”

Adding to the concerns, Wijedasa Rajapaksa has recently concluded amendments to the Muslim Marriage and Divorce Act, proposing controversial provisions allowing the marriage of Muslim girl children below 18 years of age, thereby advocating for child brides. (Colombo Gazette)