A legal controversy is unfolding following the sentencing of a Thai tourist in Arugam Bay, after a social media post raised concerns about how the court interpreted gender in a recent topless incident.

The 26-year-old tourist was handed a five-year suspended prison sentence by the Pottuvil Magistrate’s Court after pleading guilty to charges of indecent behaviour and public disturbance. The individual was arrested earlier this week after videos circulated on social media showing the tourist walking topless along a public road near a hotel.

While the court proceedings identified the Thai tourist as female, a twist emerged online when an image of the tourist’s passport was shared—listing the sex as “M” (male) and bearing the title “Mr.”. The revelation has prompted public debate over how the offence was assessed, given that Sri Lankan cultural context does not prohibit men from being shirtless in public.

The development has highlighted a legal grey area: Sri Lankan law currently does not formally recognise transgender or non-binary identities.