Sexual minorities in Sri Lanka have been counted in recent times as consisting of as little as 0.035% of the population to as high as 19.6%. It is likely that there are around 1,100,000 according to current mapping conventions.
Article 365 of the Sri Lankan Penal Code, which criminalises same-sex sexual acts, remains on the books, though the law has not been enforced in recent times, and the Supreme Court has said it would not impose penalties over consensual homosexual sex. Premnath C. Dolawatte submitted a Private Member Bill to Parliament on the 23rd August 2022 aiming to repeal the colonial-era law banning homosexual sex, to which the current President of Sri Lanka said "we are for it" and his government would not oppose the private members bill, but that "you have to get the support of individual members [for the bill to pass in parliament]." It was later reported by media that the law is likely to be repealed in 2023 due to the cause gaining widespread consensus among said individual members of parliament.
Sri Lanka has also been voted the top emerging travel destination in Asia by the gay-friendly travel website Travel Lemming, and several native companies and establishments offer tours and services to homosexuals.
History
The Sri Lankans views of homosexuality in ancient times can be pieced together from several archaeological pieces, including artworks, literary works and third hand accounts. There were no legal restrictions on homosexuality or transsexuality for the general population prior to early modern period and colonialism. However, 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, Islam, Zoroastrianism forbade homosexuality among their followers. Sri Lanka did not have any legal restrictions on homosexuality until the colonial period.Hinduism and then Buddhism did not place negative stigmas on homosexuals and therefore there had been great acceptance of homosexuality in the island's ancient societies. The Hindu epic of Ramayana describes Hanuman witnessing two people engaged in "homosexual intimacy" on the island of Lanka.
The Pali Cannon was written by monks in Sri Lanka around 29 B.C. and describes examples of sexual misconduct for monks and persists (but not the lay people). It specifically states that any acts of "soft" homosexual sex (such as masturbation and interfumeral sex) do not entail a punishment but must be confessed to the monastery. The Pali Cannon is thought to be derived from the oral transmission of Buddha.
In the 14th century CE, Upāsakajanalankara did not list homosexuality as a crime in its list of sexual misconducts. The Mahawansa discusses an intimate relationship between King Kumaradasa and poet Kalidasa in the 5th century CE.
The major source for homophobia in the country was when the British implemented the Indian Penal Code and applied Section 377A (now Section 365A of the Sri Lankan Penal Code) to the island.
Many European colonial correspondence accounts of the island's 'sinful' acceptance of homosexuality was written by Portuguese and Dutch invaders, characterizing the island's leaders as being frightening for allowing the act of sodomy, and even accounting that the elite themselves partook gay sex. However during colonialism the island became a holiday destination for Europeans looking to escape the homophobia of their native country.
Sri Lanka could be described as having a mixed attitude towards homosexuality. Regardless of their sexuality, most men are expected to marry in adulthood.
In November 2016, Sri Lanka voted against a plan to get rid of the |UN Independent Expert on violence and discrimination based on sexual orientation and gender identity, Vitit Muntarbhorn, at the United Nations General Assembly. The push to get rid of the UN expert failed 84–77. Sri Lanka along with Kiribati were the only two countries where homosexuality is still criminalised, to vote against the proposal."Anti-LGBTI push at U.N. falls short". Erasing 76 Crimes. 21 November 2016.
The conservative government later announced that the Government hopes to start working toward creating a law to ban discrimination based on sexual orientation. It also updated its human rights action plan to advance further rights for LGBT.
In mid-2020, a well-known establishment issued an apology after an employee was accused of homophobia after denying entry to an LGBTQ individual, with the bouncer involved being terminated, followed by enhanced training to fight homophobia. Commentary on the incident discussed how people in the country were not aggressive with their homophobia, it would be often discussed behind closed doors.
A survey in 2020 suggested that 74.3% had moderate to positive views about transgender people, whereas 62% had moderate to positive views on homosexuality. The least positive views were held by Hill Tamils and Sri Lankan Moors, but a majority of Sinhalese and Tamils had moderate to positive views on homosexuality. In 2023, the majority of 69% of the population opposed legalisation of same-sex unions, with a 60% strongly opposed it.
In November 2017, Deputy Solicitor General Nerin Pulle stated that the government would move to decriminalise same-sex sexual activity.
Community attitudes Sri Lanka's two dominant religions, Buddhism and Hinduism, do not condemn homosexuality. The former talks about homosexuals using positive descriptions, including tips on how to have better homosexual sex in the Kama Sutra, while the latter's view on 'sexual misconduct' can affect liberal sexual activity among both heterosexuals and homosexuals.
Equal Ground explained that a number of transsexuals and transgender people take refuge in the Buddhist order when disowned or pushed away by their families, such as by becoming a monk at a temple or monastery. The influential Buddhist chapter, Asgiri Maha Viharaya, came out in support of extending rights to LGBT, including support to amend the constitution.
Verité Research, talking in the Sunday Observer, found that the media of Sri Lanka tended to sensationalise stories involving sexual minorities. An LGBT rights activist further explained in the Observer that "Media plays an important role in helping the society to accept these communities. Tamil media stays ignorant to the subject, while Sinhala media are being pretentiously ignorant by sensationalising stories of the LGBT+ communities".
Hinduism A homosexual union of love or lust may fall under "Gandharvavivaha" which refers to marriage on the basis of pure love and/or sexual relations (rather than with the blessing/arrangement of parents). A Gandharava marriage was the most common form of marriage for lay people described in classical Indian literature and was heavily associated with village life. A Gandharava was a low ranking male deity who had a symbolic association with fine and creative arts, specifically music, with strong connections to sexuality and procreation, and the term is etymologically linked to "fragrance", and these males are commonly pared with females called "Apsaras" who are associated with the arts, dancing and literature.
The Kama Sutra also explains the situation of "swarinis" who are described as lesbians who marry and take care for children.
There are punishments for homosexual sex listed in numerous texts used within contemporary Hinduism, though these punishments should be taken into context with the likewise numerous punishments listed for heterosexual sex also listed within numerous texts used within contemporary Hinduism. These punishments regardless of whether they are aimed are heterosexuality or homosexuality originally are not aimed at the lay people. There have been reports of Hindu gurus performing same-sex marriages in India since at least the 1980s.
Sinhalese viewpoints Buddhism does not provide restrictions as to how people should be married, though customs have developed that specify heterosexual couples in many Buddhist countries including Sri Lanka. British Kandyan Law only states two types of marriage; a marriage where a man joins the woman's family, and a marriage where a woman joins the man's family.
However, the current traditions of the Sinhalese, the Poruwa ceremony, was introduced to the island prior to the arrival of Buddhism. Some aspects are very similar to current Tamil marriages, such as Nekath (referring to horoscopes).
Traditional wedding ceremonies The River House in Sri Lanka offers a package (aimed at tourists) who want to conduct what is described as a "traditional wedding ceremony". It incorporates several elements of traditional weddings in Sinhalese culture such as poruwa and Kandyan dancers.
Tamil viewpoints Hinduism is mostly devoid of the 'perfect law' that can be found in Abrahamic religions (such as the ten commandments) and traditionally Hindus would expect to "rely on reason to decide what is dharma and what is not 'dharma'. Combined with the lack of centralisation and authority, there is great diversity among Hindus as to how homosexual relationships should be institutionalised in Hindu society.
Tamils have conducted homosexual marriages under Hinduism in South Africa, Australia, and the United Kingdom.
Non-binary marriage A long-running tradition concerning non-binary marriage exists in Hindu society for third genders, which may also add another perspective as to how homosexual relationships should be viewed in the modern age.
There are eight types of marriage commonly performed in India. Of these, Gandharva vivaha is the most common, and this does not restrict third gendered relationships from being blessed under the ritual.
The case for the institutionalisation of non-binary marriage is strong in Hindu society due to the strong prevalence of evidence dictating how third gendered marriages were conducted since ancient times.
Unique blessings and rites Marriage comes in several incarnations in Hinduism and several Hindu organisations reject the idea of performing the same ceremonies for both heterosexual and homosexual (and third gendered) couples.
The Australian Council of Hindu Clergy, whose membership includes a significant portion of the Sri Lankan Tamil clergy, lists several types of marriage including those aimed at heterosexual couples and those that are not. It comes to the conclusion that homosexual couples should be provided with their own rites and blessings that are not the same as the rites provided to heterosexual marriage.
Police The police introduced amendments in the police academic curriculum to reduce homophobia by the summer of 2018. According to the 2019 report by the US state department, human rights organisations reported police used the threat of arrest to assault, harass, and sexually and monetarily extort LGBTI individuals
Public opinion There are a number of sexual minorities who do not consider the law to be an important factor in dealing with homophobia; as one homosexual explained to the Gay Times, "If society was OK with who we are, we'd be OK.". Kiru also explained that it is generally accepted that urban areas are more supportive of sexual minorities than rural areas. It is reported that the youth have had an attitude change to how they view sexual minorities that has not affected the adults.
Socialising IGLA state that 34% would feel uncomfortable socialising with an LGBT person.
It is considered difficult for many sexual minorities to socialise happily, and bullying is reported to be a common problem. It is however reported that the youth hold a more supportive attitude towards sexual minorities in contrast to the previous generation and that this change to how they view sexual minorities has not affected the adults.
Social Scientists Association data