The Government is exploring alternative pathways to advance gender equality and LGBTQIA+ rights after the Supreme Court struck down the proposed Gender Equality Bill, terming it unconstitutional last year.

Deputy Minister of Women and Child Affairs Namal Sudarshana revealed that authorities were now considering drafting entirely new legislation while addressing the flaws identified in the rejected bill.

The Gender Equality Bill faced immediate legal challenges from conservative groups, including the All Ceylon Buddhist Congress. The Supreme Court’s subsequent ruling in July 2024 forced the Government to shelve the proposed legislation.

“We are still studying if we can introduce reforms and re-introduce this bill through different legislation. It has many flaws, so we will have to revisit it and rectify these flaws,” Sudarshana admitted, noting that electoral priorities and other policy matters had delayed further action. 

The Deputy Minister confirmed that any renewed effort would require inter-ministerial coordination, particularly with the Justice Ministry, to ensure the legislation would withstand legal scrutiny.

While acknowledging that discussions were ongoing within Government ranks on how to introduce policies, Sudarshana clarified that no committee had been formed to specifically address LGBTQIA+ rights yet. 

However, he pointed to incremental progress, including reforms to birth certificates and National Identity Cards to prevent discrimination. “If we are going to introduce laws to affirm equality among all genders, we may have to introduce a brand new bill,” he stated, ruling out reviving the original legislation even with a two-thirds parliamentary majority.

He also admitted that the Government was considering other mechanisms to encourage acceptance of such reforms. “We may adopt a phased approach, potentially beginning with policy documents or other guidelines rather than immediate legal changes. These don’t necessarily have to be in the form of a legal enactment in the initial stages. What we need is a conversation emerging on the subject,” Sudarshana explained.

While he stated that no timeline had been set for the introduction of such reforms, he added that a committee would be appointed soon to look into the disparities in the Gender Equality Bill.