“Police Data Proves No LGBTQIA Discrimination: Repealing Penal Code 365/365A would be Political Suicide and a Betrayal of Sri Lanka’s Children”

 

Sri Lanka’s Penal Code Sections 365 and 365A have come under increasing scrutiny, particularly by international human rights organizations and advocacy groups pushing for their repeal. These sections are often portrayed as discriminatory laws that target LGBTQIA+ individuals. However, a close examination of police reports, parliamentary data, and historical enforcement trends shows that these provisions serve a critical function in safeguarding children and prosecuting serious sexual offences that would otherwise go unpunished. These sections cannot be termed ‘discriminatory’ when the push to repeal them is effectively a demand to legalize carnal intercourse against the order of nature for both men and women, and to decriminalize same-sex sexual abuse of minors. Anyone reading the repeal advocacy would clearly see that it is not about removing any actual discrimination but rather about removing protections currently in place for children. If Sections 365 and 365A are repealed without suitable replacement laws, minors will be left legally unprotected from forms of sexual abuse that are not covered under any other provisions of the Penal Code except 365 & 365A.

Legal Basis and Purpose

• Section 365prohibits “carnal intercourse against the order of nature,” by man, woman & animal – punishable by imprisonment.
• Section 365Acriminalizes “acts of gross indecency” between persons, irrespective of gender.
• Both sections specifically apply where offenders are above 18 yearsand victims are below 16 years.
• The 2023 proposal to rewrite 365 – removes reference so man & woman.
• The 2023 proposal to repeal 365A entirely
• As a result of rewriting 365 – man & woman (including same-sex acts) can have sex “carnal intercourse against the order of nature” legally removing the age threshold and punishment
• As a result of repealing 365A – same sex acts of gross indecency will be legalized.
• Consequently, both proposed sections render children vulnerable to acts that have now been made legal.

 

Although these laws are historically rooted in British colonial jurisprudence, their current use in Sri Lanka predominantly focuses on child protection and penalizing non-consensual or coercive sexual acts, particularly those not otherwise covered under statutory rape or abuse laws. Sections 365 and 365A were originally included in the colonial penal code specifically to criminalize same-sex acts. Their reinforcement through amendments in 1995 and 2006 highlights that issues relating to same-sex conduct remain relevant in modern times and are not adequately addressed by other penal provisions. Notably, these sections provide explicit legal coverage for crimes involving same-sex sexual abuse of children, a gap not filled by other statutes.

 

Claiming that Sections 365 and 365A “discriminate” against the LGBTQIA+ community while simultaneously placing over 6.1 million Sri Lankan children at risk is not only misleading but fundamentally irresponsible. Any move to repeal or weaken these provisions under the guise of anti-discrimination would expose vulnerable minors to sexual abuse without adequate legal protection. This trade-off is unacceptable and must not be considered.

As far as “discrimination” is concerned, the statistics speak for themselves. To claim discrimination while simultaneously demanding legalization of same-sex sexual acts under Sections 365 and 365A amounts to political hara-kiri for the present Govt —undermining child protection and disregarding legal realities.

Conviction Trends: Rare and Context-Specific

Pre-2000

• Rarely enforced unless involvingcoercion, bestiality, or child abuse.
• Consensual adult same-sex relations almost never prosecuted.

2000–2015

• Slight increase in cases, typically tied tominors or abuse.
• Some arrests, butconvictions extremely rare.

Official Data on Enforcement and Convictions (2016-2022)

From Police Performance Reports (2018 & 2023)
Key Focus: Unnatural Offences & Gross Indecency that specifically covers Penal Code 365/365A

Report Sources

1. 2018 Report (Covers 2016–2018) – https://www.parliament.lk/uploads/documents/paperspresented/performance-report-srilanka-police-2018.pdf
2. 2023 Report (Covers 2020–2022) – https://www.parliament.lk/uploads/documents/paperspresented/1689659159014196.pdf

Annual Case Reports (Selected)

Year	Grave Sexual Abuse	Unnatural Offences	Notes
2016	654 cases	Unnatural offences not specified	Grave abuse category includes non-consensual acts including 365/365A
2017	556 cases	Same as above	—
2018	723 cases	8 total	From p.212 of 2018 report
2020	1,016 cases	Not disaggregated	Included under “Grave Sexual Abuse”
2021	1,377 cases	Not disaggregated	Same category
2022	571 cases	Not disaggregated	Sudden drop; possibly due to COVID-era underreporting or social conditions

NOTE: “Not disaggregated” means that the data is not broken down into specific categories or subcategories.

When Police Performance Report states “grave sexual abuse” but does not separately list number of cases under “unnatural offences” or “gross indecency” the police has not separated cases falling under Penal Code 365 or 365A.

If police report says “Total grave sexual abuse cases are 1377 in 2021 but does not specify how many were unnatural offences (Section 365) or how many were gross indecence (Section 365A0 or how many involved minors vs adults, this data is not disaggregated.

The police must specifically separate these cases.

The 8 cases in 2018 strongly suggest no mass enforcement or LGBTQIA targeting that is being promoted via social media.

Interpretation

Low Numbers for “Unnatural Offences”

• Only8 total cases of “unnatural offences” in 2018, across the entire country.
• Gross indecency charges are typically linked toabuse of minors or non-consensual

No Pattern of Targeting Consensual Adults

• No spike or trendsuggesting active police harassment or discrimination.

Majority of Sexual Offence Charges Are Child-Related

• Across the years, sexual abuse of minors is consistently high (over 1,000+ annually).
• Sections 365/365A often provide legalfallbacks when other abuse laws don’t apply, especially in same-sex or non-penetrative contexts.

No Evidence of Systemic Discrimination (2016–2022)

• Thecombined 6 years of police reporting clearly demonstrates that unnatural offences and gross indecency laws are not being abused to target or criminalize LGBTQIA individuals.
• Enforcementtargets abusive, coercive, or child-related cases — not consensual adult behavior.
• Calls for repeal on “discrimination” grounds areunsupported by empirical data from Sri Lanka’s own official police reports.

■ 2022 Research Study by Dr. Izzath & Dr. Kodikara

• Among 427 sexual offence cases (1998–2007), only10 cases (2%) were unnatural offences.
• Only30% of those led to convictions – about 3 total convictions in 10 years in Polonnaruwa District.

Key Observations

• Sections 365/365A are rarely if ever used to prosecute consensual adult same-sex relationships.
• They are crucial in cases involving children, coercion, or unclassified sexual exploitation (thus the importance of retaining both 365 & 365A)
• No other provision in the Penal Code provides equivalent legal grounds for prosecutingsame-sex sexual abuse of minors, or non-penetrative acts of sexual indecency.
• The small number of convictions confirmsvirtually no systemic discrimination.

Contemporary Context

• However, international pressure from UNHRC and foreign missions for repeal continues.
• Domestic resistance remains strong, especially fromreligious leaders, civil society & people concerned about children not their purses.
• Repeal would createdangerous legal gaps in protecting children from same-sex abuse, grooming, and coercive sexual misconduct.

Retain with Clarity

Repealing Sections 365 and 365A under the guise of non-discrimination would intentionally dismantle vital protections for children and victims of sexual abuse. The data is clear: these laws are not being used to harass consenting adults, but to prosecute abusers and protect vulnerable populations. Instead of repeal, the legal system could benefit from clear judicial guidelines that distinguish consensual adult conduct from exploitative or abusive acts.

All forms of sexual abuse must remain criminalized — including same-sex and non-penetrative acts against minors — Sections 365 and 365A must remain indispensable in Sri Lanka’s justice system.

“An examination of official police records from 2016 to 2022—available through Parliament and the Sri Lanka Police—shows that Sections 365 and 365A were rarely enforced, and only in coercive or child protection scenarios. With only 8 cases recorded under ‘unnatural offences’ in 2018 and no spike reported before or after, there is no basis to claim systemic discrimination against LGBTQIA persons. The data shows that these laws are applied strategically and protectively, not prejudicially.”

 

 

Shenali D Waduge

Source Links:

• Sri Lanka Police Performance Report 2018 – Parliament.lk (PDF) (covers 2016, 2017, 2018)
• https://www.parliament.lk/uploads/documents/paperspresented/performance-report-srilanka-police-department-2015.pdf – no crimes or convictions under gross indeceny is reported in 2015
• https://www.parliament.lk/uploads/documents/paperspresented/performance-report-srilanka-police-2019.pdf – does not specifically list unnatural offences
• https://www.parliament.lk/uploads/documents/paperspresented/1689659159014196.pdf (covers 2020, 2021 & 2022)
• Distribution of Grave Crimes 2023 – police.lk
• Study by Dr. Izzath & Dr. Kodikara (2022)