Sexual Orientation and Human Rights; Applicable Laws of Sri Lanka and UK

Abstract

All human beings are born free with equal rights and dignity despite sexual preferences. The Penal Code of Sri Lanka, made sex between men an offence. The Sri Lankan Penal Code was formulated by British as they then were. The existence of lesbianism was not even acknowledged by the Penal Code. With the amendments made to the Penal Code in 1995, women too now face anti-homosexual regulations. Though this law is rarely enforced in this country, its mere existence is enough for the police and anti-gay groups to brand gays and lesbians as perverts and law-breakers. The Buggery Act of 1533 made buggery a capital offence in England until 1861. The Wolfendent report led to the passage of the 1967 Sexual Offences Act, which legalized homosexual acts. Civil Partnership Act recognizes same-sex relationships from 2005. The Marriage (Same Sex Couples) Act 2013, allows same-sex marriage, was passed in 2013. Regionally India and Nepal also have taken steps to change their laws. Why does Sri Lanka still discriminate sexual minorities despite English and international development? In this article, we examine the applicable laws of Sri Lanka and UK of sexual minorities; whether we can be benefited from their developments. It also reviews how UK law gradually developed from death penalty to recognition of same sex marriages in 2013. For this purpose I would use the comparative research method to achieve the objectives. The main Objective is to explore the laws of UK and to measure the relevant human rights instruments. With the development of cyber laws and globalization international law influences individual countries. This area of law is quite capable of developing in Sri Lanka but unfortunately international laws around the world are ambiguous. This study opens up the opportunity for activists who are involved in working in the field of human rights/sexual orientation.