In May 2023, The Supreme Court determined that a private member’s bill introduced in parliament entitled Penal Code (Amendment) Bill 2023, the stated objective of which is to repeal ““provisions that make sexual orientation a punishable offence” was wholly constitutional.
The Bill had been challenged by three petitioners who sought a determination by the Supreme Court that the Bill was inconsistent with provisions of the Constitution relating to Sovereignty, Fundamental Rights and Directive Principles of State Policy, and that it required the approval of a two-thirds majority in Parliament and the approval of the People at a referendum. Petitions in support of the Bill were also filed by a number of interveners, such as civil society organizations working to advance the human rights of lesbian, gay, bisexual and transgender (LGBT) persons in Sri Lanka, academics, and activists.
Women and Media Collective commissioned a summary of the Supreme Court’s determination on the Penal Code (Amendment) Bill 2023 – with funding support from The Family Planning Association of Sri Lanka (FPA SL) and Health Equity Matters.
Read the summary documents of the Supreme Court Determination here: