Emergency Regulations amended following concerns of targetting LGBTIQ community

President Ranil Wickremesinghe amended several sections of the Emergency Regulations by issuing an extraordinary gazette notification yesterday (07)

Accordingly, sections 360 (c), 364, 365, 365 (a), 365 (b) have been removed while Section 427 replaced with Section 446. Sections 408 and 410 to 420 of the Penal Code have also been inserted for the Emergency Regulations. 

Following the concerns raised by the Lesbian, Gay, Bisexual, Transgender, Intersex and Queer/ Questioning (LGBTIQ) persons over the Emergency Regulations certain sections of the regulations has amended by President Ranil Wickremesinghe through this extraordinary gazette. 

Article 365 of the Penal Code, which has been widely discussed for repeal by the LGBTIQ community, criminalizes 'carnal intercouse against the order of nature' and carries a prison sentence of up to ten years. Article 365 (a) of the Penal Code criminalizes "any act of gross indecency with another person," which is punishable by up to two years in prison, a fine, or both.

Although theoretically 'carnal intercouse against the order of nature' can be interpreted to include hetrosexual sexual activity, it is widely understood to apply only to sexual acts between same-sex individuals. 

In a statement issued last week in response to the inclusion of these two sections in the Emergency Regulations, Equal Ground, an organization fighting for equality for people of all sexual orientations and gender identities, stated that it is "particularly concerned" about the inclusion of these two provisions in the Emergency Regulations because it could result in a life sentence if convicted.

“The targeting of LGBTIQ persons under ‘Emergency Regulations’ is just another ploy by the government to continue to marginalise, discriminate, and undermine the Constitution, while attempting to tarnish the LGBTIQ community as ‘harmful to the state’, thereby making them easy targets for the police, armed forces, and other citizens,” Equal Grounds’s Executive Director, Rosanna Flamer-Caldera pointed out. 

Through the Gazette, the Preident also removed Section 365 (b) of the penal code, which reads "grave sexual abuse," from the Emergency regulations. Article 446 which was added to the Emergency Regulations also replaced with Article 427, which states that all persons jointly involved in trespassing or housebreaking are punishable for death or grievous harm caused by them.