Homosexuality in Sri Lanka has been documented since ancient times. Since the 17th century, homosexual intercourse has de jure prohibited through the Penal Code first implemented under the colonialism, but human rights organizations write that arrests are rare and prosecutions only relate to non-consensual sex and prostitution (as in India after the legalisation of homosexuality).
There is substantial evidence that homosexuality was abundant in ancient society, and various artworks and literary works attest to the tolerant and even supportive attitudes of the people of the island towards those engaged in homosexual acts. Discrimination against homosexuality was largely imported from the western world through Christian-affiliated morality during European colonialism, starting with Portuguese colonialism and culminating in the 17th century Penal Code, virtually identical to the Indian Penal Code of the British Empire.
A number of laws de jure prohibit various homosexuality-related activities, though these are viewed as being unimplemented for consensual homosexuality. There are efforts currently underway in the judiciary and parliament to overturn these laws, and there has been positive support from both the judiciary and political establishment.
A 2021 study found that 1,469,574 identified as LGBTQ, with the vast majority being of homosexual or bisexual nature, and younger age cohorts being more likely to identify as homosexual in comparison to older generations.
Demographics A 2021 study found that 1,469,574 identified as LGBTQ, with the vast majority being of homosexual or bisexual nature, and younger age cohorts being more likely to identify as homosexual in comparison to older generations.
Politics Sri Lanka has numerous laws that prohibit homosexual activities and provides minimal protections, though human rights organisations largely state that these laws are not implemented for consensual sex.
Government The main political parties of Sri Lanka have all stated their support for decriminalisation of homosexuality. The leading politicians of the main far-right, centre-right, centre-left and far-left parties have declared support for LGBTQ, as well as the main Tamil political party TNA, though individual members of parliament still retain various views on the topic. The ruling governments have repeatedly stated that they wish to decriminalise homosexual intercourse, but have faced opposition from vocal lawmakers in parliament and the cabinet. The UNP has even been viewed as being run by "a decadent club of homosexuals", though this may not be viewed as homophobic due to the connotations of corruption based on "old boys club" ties rather than negative perceptions of homosexuality.
In June 2024, the Parliament of Sri Lanka passed the Gender Equality Bill, but this was blocked by the Supreme Court of Sri Lanka on constitutional grounds due to allowing the possibility of same-sex marriage and liberal attitudes towards gender identity choice. It is likely that the parliament will challenge this ruling. According to lawyers dealing with the government, the lack of an opposition argument due to a late filing meant that the Supreme Court ruled in favour of the appellants, and calls have been made by the government for the bill to be looked at again by the Court.
Judiciary The judiciary has been largely progressive on homosexuality, but lacks powers to reform law and should only implement the law as intended. Human rights organisations and NGOs have repeatedly stated that they do not know of any prosecutions for homosexual sex in recent times. A prosecution by a lower court from the early 2000s was taken to the Supreme Court and suspended with a token fine, with the court stating that though consensual sex should not be prohibited by law, it remains on the books nevertheless. In mid 2022 the Supreme Court also stated that decriminalization of homosexual intercourse would not be unconstitutional.
However, in 2024, the Supreme Court of Sri Lanka blocked the Gender Equality Bill, which had been passed by parliament, on the basis that it was unconstitutional due to allowing the possibility of same-sex marriage and liberal attitudes towards gender identity choice. Later in response the president referred to the more progressive moves made in previous years, questioning the logic of the Supreme Court. According to lawyers dealing with the government, the lack of an opposition argument due to a late filing meant that the Supreme Court ruled in favour of the appellants, and calls have been made for the bill to be looked at again by the Court.
Ombudsman The Human Rights Commission of Sri Lanka has voiced support for homosexuality as well, saying that the law needs to be reformed.
The Committee on the Elimination of Discrimination against Women (CEDAW) ruled that a petitioner's "rights had been violated by penal laws that criminalise consensual same-sex sexual relationships between women and that it also violated my rights to non-discrimination. The CEDAW also urged that I be protected from gender-based violence, allowed participation in public and political life, and entitled to equality before the law and family rights.”
Religion Religious organisations have taken various stances on the topic of homosexuality.
Buddhism Buddhists organisations are taking multiple views on topics relating to homosexuality. The influential Buddhist chapter, Asgiriya Chapter, came out in support of extending rights to LGBT, including support to amend the constitution. A monk based in Sri Lanka and Singapore stated that being homosexual in Buddhism is acceptable. A literary novel about homosexual sex in the clergy, who are expected to be celibate, caused controversy leading to the arrest of the novelist on religious hatred laws.
Others The Catholic Church was reported as remaining silent in the discussions about homosexuality and the decriminalization of homosexual intercourse. Muslim politicians have opposed legalising homosexuality.
Law
Homosexual intercourse
The sections 365 and 365A proscribe that any unnatural offences or acts of gross indecency between persons should be punished with "rigorous imprisonment for a term not less than 10 years and not exceeding twenty years with a fine and compensation".
Vagrants Ordinance
The section 07 of 1841 criminalizes soliciting and acts of indecency in public places, with a punishment of no more than six months and a fine of 100 rupees.
History
There were no legal restrictions on homosexuality or transsexuality for the general population of the island prior to early modern period and colonialism, however certain dharmic moral codes forbade sexual misconduct (of both heterosexual and homosexual nature) among the upper class of priests and monks, and religious codes of foreign religions such as Christianity and Islam imposed homophobic rules on their populations.
Many philosophical works by Hindu scholars listed homosexual acts among equivalent heterosexual acts as sexual misconduct, though punishments for the homosexual acts were often less severe than those for the heterosexual acts. These works were not aimed at the lay people but rather for the class of monks and priests who were often expected to abstain from sexual activity.
The concept of homosexuality was widely known in the prevailing Hindu culture by the time Buddhism was founded. The monastic discipline explicitly contained homosexual sex alongside a variety of prohibitions against heterosexual sex, and it also explicitly stated that these rules were to only be applied to monks and not the lay people. It is notable that homosexual masturbation is not considered a punishable offense by the order.
Though homophobia was largely imported from the western world during the medieval period, it is highly likely that the north western fringes of the Indian subcontinent that are now part of Pakistan had socio-cultural norms heavily influenced by Zoroastrianism (from around 500BCE) and Islam (from around 700AD). In contrast large parts of the far south that are now part of South India and Sri Lanka did not have legal restrictions against homosexuality until the advent of European colonialism in the 1700s. Colonialism from Europe also brought with it more centralized legal codes that imposed Christian-European morals that were homophobic in nature, including criminalizing sex between two people of the same gender, and criminalizing transsexuality.
In the 21st century following independence, there has been a significant amount of progress made on liberalizing LGBTQ laws and reversing the legal homophobia and transphobia of the previous colonial era.
Ancient One of the earliest references to homosexuality to come out of the island was through the Pali Cannon in 29 B.C, and was later translated into Chinese by the 4th century A.D. The redacted version that is widely used now was written in the 6th century A.D., Quote: "As of the Pali Canon of Sri Lanka, it was extensively redacted in the fifth or sixth century A.D. (Bechert 1978; Collins 1990; Trainor 1997)". According to the Australian Humanities Review, the Pali Canon contains examples of male homosexuality. The Pali Canon does indeed discuss a wide range of homosexuality, but unlike modern western cultural views, it also sometimes conflates homosexuality with cross-dressing and transsexuality. It lists numerous homosexual acts alongside heterosexual acts as prohibited for those that are part of the Sangha (monks) though makes a notable exception for masturbation and states it is not a punishable offence.
The 5th century monk Buddhaghosa, a student of the Great Monastery (Mahāvihāra) at Anurādhapura, Sri Lanka, one of the most prestigious institutions of education in the Asia-Pacific at the time, attempted to explain what (a board term used to refer to homosexuals and third gendered people) was in his scriptures to Buddhist lay people.
The Upāsakajanalankara, a guide for lay people written in the 14th century of the Christian calendar, discusses sexual misconduct in depth but makes no mention of homosexual sex.
The Tripitaka does, however, contain passing references to homosexuality and transsexuality. For example, homosexuality is found in the case of a monk, called Wakkali, who became a monk because he was so attracted to how handsome Buddha was. There is also a case where a novice monk masturbated to a high ordained monk.
There is widespread evidence of same-sex cohabitation in the Kandyan kingdom (15th century to 19th century) due to tolerance of Ekageikama, though it is argued that this is not of a homosexual nature. The Sinhalese generally did not take marriage seriously, and cohabitation was widespread with marriage being considered a by-product of successful cohabitation. Unmarried cohabitation became a punishable offence from the Dutch colonial period in 1580.
Buddhism in Sri Lanka mostly focuses on sex on a non-discriminatory basis. It holds the view that sex is 'dirty' or 'immoral' and this is reflected in modern-day discussion about sex, including discussion on same-sex relations. The monastic rules state that monks should be celibate, but note that these rules do not extend to the lay people.
Ground Views shares the opinion that Sri Lanka without colonial influences would have probably held a similar culture to that of Thailand.
Colonial era With the colonial expansion of European empires to the island, also came missionaries from the European church.
An observer in the 16th century, most likely a priest from the European church of ethnic European descent, claimed that “The sin of sodomy is so prevalent… that it makes us very afraid to live there. And if one of the principle men of the kingdom is questioned about if they are not ashamed to do such a thing as ugly and dirty, to this they respond that they do everything that they see the king doing, because that is the custom among them.”.