President and Minister of Finance, Economic Stabilisation and National Policies Ranil Wickremesinghe has noted that at present, a group of Parliamentarians are continuing discussions with regard to bringing legislation to repeal provisions in the Penal Code that criminalise homosexuality. 

He noted this during an interview organised by Harvard University on 24 March, through Zoom technology, in response to a question posed on queer rights and protection.

“On queer rights, as our law now stands, homosexuality is an offence under the Penal Code, but it has not been enforced for the last five decades to my knowledge. Certainly the Government will or will not enforce that law. But now, a group of MPs are discussing, and most probably will take action to bring legislation to repeal this provision of the Penal Code. I know that the discussions are going on and maybe, at some stage, they will bring the resolution, the law, to Parliament”.

Section 365 of the Penal Code defines “unnatural offences” as being “whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal”. This is an offence which if involving adults (in this case over 18 years), upon a guilty conviction, carries a penalty of a maximum term of imprisonment of 10 years and a fine. Section 365A which deals with “gross indecency”. The punishment upon conviction for the offence between adults (18 years and above) is to be sentenced to a maximum term of imprisonment of two years and/or a fine.