Justice Minister Harshana Nanayakkara confirmed during Derana 360 with host Kalindu Karunarathne yesterday (20) that amending sections of the Penal Code relating to same-sex relationships remains a policy commitment of the current administration. However, he noted that the timeline for implementation rests with the Cabinet of Ministers.

The discussion focused on the specific policy declaration found on page 63 of the Malimawa (NPP/JVP) policy statement, which pledges to amend special laws that discriminate against women, children, and other marginalised groups, specifically citing Penal Code Sections 365 and 365A.

• Section 365 refers to “unnatural offences,” defining an offence as voluntary carnal intercourse against the order of nature with a man, woman, or animal.
• Section 365A deals with “gross indecency between males,” criminalising acts of gross indecency, whether public or private, between two men.

Minister Nanayakkara reaffirmed the government’s position that no individual should be marginalised based on gender or sexual orientation. He pointed out that the existing legal framework originates from British Victorian-era law, not from indigenous Sri Lankan traditions, and should therefore be reformed.

He noted that amending these laws would end the current situation where same-sex relationships are legally treated as criminal offences.

Despite this clear policy stance, the host observed that almost a year has passed since the administration assumed office, yet no steps have been taken to draft or present the amendment.

Minister Nanayakkara admitted that while the policy objective remains unchanged, “We have not yet taken steps to draft such an Act or amendment.” He explained that a specific timeline for the legislation has not been set.

When asked when the law would be introduced, the Minister replied:

“You are trying to get the date out of my mouth — that we will do it on such and such a date — but that will not happen. I cannot say that.”

Nanayakkara emphasised that the timing of the amendment is crucial, explaining that a strong and constructive social dialogue must first be created to minimise resistance. He stressed that this approach was not an attempt to avoid implementing the policy, but a strategic decision about timing.

The Minister further revealed that stakeholders, including members of the LGBTQ+ community, have engaged in discussions with him, and that the Human Rights Commission of Sri Lanka (HRCSL) has also held talks on the issue.

Ultimately, Nanayakkara said, the Cabinet of Ministers will decide when to introduce the bill. He added that he could not personally guarantee whether the amendment would be brought forward within six months, six years, or the next five years.