Minister of Justice and National Integration Harshana Nanayakkara has stated that the government currently has no plans or discussions to legalize or review same-sex marriage in Sri Lanka.
Responding to queries yesterday (3), Nanayakkara said, “There are no plans, discussions or anything happening to legalize same-sex marriage,” amid growing public debate on the matter.
The Human Rights Commission of Sri Lanka (HRCSL) had raised the issue with the Ministry of Justice and National Integration in May 2025, urging the repeal of Sections 365 and 365A of the Penal Code, which criminalize sexual activity between consenting adults of the same sex. The Commission reiterated its request in a letter to the Minister, citing previous communications from November 2023 and August 2024.
“These sections relating to ‘unnatural offences’ and ‘gross indecency between persons’ have been used to criminalize sexual activities between persons of the same sex,” the Commission noted.
While welcoming the recent enactment of the Empowerment of Women Act No. 37 of 2024, the HRCSL highlighted that Section 2(d) of the Act recognizes the right of a person not to be discriminated against based on sexual orientation.
Attorney Aritha Wickramasinghe, Legal Director of iProbono Equality, noted that the immediate legal concern is ensuring consensual homosexual conduct is not treated as a crime. She explained that Sections 365 and 365A, colonial-era laws intended for social control under the vague concept of ‘gross indecency’, have been applied to both homosexual and heterosexual individuals, often criminalizing private acts such as holding hands, hugging, or kissing.
“These provisions are a direct intrusion into people’s private lives, violating their right to privacy and personal freedom,” Wickramasinghe said, adding that most homosexuals prioritize living free from harassment and criminalization rather than marriage.
The Minister’s statement clarifies that, despite public debate and HRCSL recommendations, the government has no plans to change the legal status of same-sex marriage in Sri Lanka at present.
