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Psychiatrists want homosexuality decriminalised 

20 Aug 2021

 
  • Urge repeal of Penal Code’s Section 365 
  • No plans yet: Justice Ministry
  BY Buddhika Samaraweera The country’s psychiatric community has called on the relevant authorities to decriminalise homosexuality by repealing Section 365 of the Penal Code, which states that homosexuality is a criminal act.  “We would like to strongly urge the authorities to repeal Section 365 of the Penal Code which states that homosexuality is a criminal act. This provision should be abolished and homosexuality should be decriminalised in Sri Lanka,” the Sri Lanka College of Psychiatrists (SLCP) said in a media statement on Wednesday (18).  It further emphasised that the lifestyle choices of the lesbian, gay, bisexual, transgender, intersex, and queer and questioning (LGBTIQ) community should be respected and not discriminated against.  Section 365 of the Penal Code, which deals with what it terms an “unnatural offence”, makes it an offence to “voluntarily have carnal intercourse against the order of nature with any man, woman, or animal”, and notes that upon conviction, it is an offence that carries a maximum term of imprisonment of 10 years and a fine. If the said offence is committed by an adult on a minor (below 16 years in this instance), he/she shall be punished with a maximum term of rigorous imprisonment of 20 years and a fine and court decided compensation to the victim, according to the Section.  The SLCP also stated that certain individuals conducting training programmes on mental health were spreading erroneous messages to the effect that homosexuality is due to some disease of the mind or body.  “However, the SLCP would like to categorically state that we do not endorse the view that homosexuality is due to a disease of the mind or body. Modern-day psychiatrists do not identify or diagnose homosexuality as a mental health disease or treat it as such,” it added.  The SLCP also noted that the myth that homosexuality is a mental illness is not in keeping with evidence-based science practised by its membership.  When contacted by The Morning to inquire into the matter, Justice Ministry Secretary P.K. Mayadunne said that as of now, there are no plans to repeal or amend this Section from the Penal Code.  “This is a decision that requires the consideration of the relevant facts and requests made in this regard. It is difficult to say something about it at the moment,” he noted. Despite several attempts, the SLCP and its Immediate Past President Dr. Shehan Williams could not be contacted regarding a clarification sought by The Morning on the SLCP’s use of the term “lifestyle choices”.  However, it has also been noted in medical literature that there is scientific evidence to the effect that being LGBTIQ are naturally occurring, partially biologically inherent phenomena, the same as is the case with heterosexuality, and therefore is neither entirely a choice nor a lifestyle.


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