Sri Lanka

Penal Code

  • Section 365. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be punished with fine and where the offense is committed by a person over eighteen years of age in respect of any person under sixteen years of age shall be punished with rigorous imprisonment for a term not less than ten years and not exceeding twenty years and with fine and shell also be ordered to pay compensation of an amount-determined by court to the person in respect of whom the offense was committed for injuries caused to such person. Explanation (1) Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in this section. Explanation (2) "injuries" includes psychological or mental trauma.
  • Section 365A. Any person who, in public or private, commits, or is a party to the commission of, or procures or attempts procure the commission by any person of, any act of gross indecency with another person, shall he guilty of an offense, and shall be punished with  imprisonment of either description, for a term which may extend to two years or with fine or  with both and where the offense is committed by a person over eighteen years of age in  respect of any person under sixteen years of age shall be punished with rigorous  imprisonment for a term not less than ten years and not exceeding twenty years and with  fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offense was committed for the injuries caused to such  person.  Explanation  "injuries" includes psychological or mental trauma.

Source: UNHCR RefWorld http://www.unhcr.org/refworld/pdfid/4c03e2af2.pdf

The Vagrancy Ordinance of 1842

  • See full Vagrancy Ordinance. Women’s Support Group 2011 Shadow Report excerpt: “The Vagrancy Ordinance of 1842 remains in place and continues to give authorities the power to detain people who they consider to be loitering in public; this provision allows for arrest and prosecution of sex workers. The police have the power to determine and interpret the law, and many times the Vagrancy Ordinance is used to wrongfully detain transgendered people, and people of sexual minorities because they appear to look different. In most cases it is those of the lower socio economic status who are the most vulnerable to this form of harassment; women including transwomen are particularly vulnerable to sexual harassment, abuse and mistreatment while in Police custody."

Source: University of Minnesota Human Rights Library http://www1.umn.edu/humanrts/research/srilanka/statutes/Vagrants_Ordinance.pdf

Additional Resources

NGO Shadow Report to CEDAW 2011, Women’s Support Group https://www.iglhrc.org/sites/default/files/498-1.pdf