Supreme Court clears way for Parliament to decriminalise same sex with simple majority in House

Colombo (News 1st) - Sri Lanka’s Supreme Court on Tuesday cleared the way for Parliament to decriminalise same-sex relationships, through a simple majority in the House, the Speaker informed Parliament Tuesday.

A 3-member bench ruled in an exhaustive 43-page judgment that the Bill was consistent with the constitution and would not require a two-thirds majority in the house or a national referendum. The bench comprised Chief Justice Jayantha Jayasuriya, and Justices Vijith Malalgoda and Arjuna Obeyesekere.

Initially, a Private Member’s Bill to Amend the Penal Code had been presented by MP Premnath Dolawatte on 4th April.

Three petitioners challenged the Bill and sought a determination from the Supreme Court that the Bill needed to be passed by a two-thirds majority in Parliament and a referendum, alleging that it was inconsistent with the Constitution.

Fourteen intervening petitions in support of the Bill were then filed by 30 other citizens and two civil society organizations.

Sri Lanka's Penal Code currently contains provisions that allow prosecution for 'unnatural' sexual relation with men and women.