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ABSTRACT
This working note is centred on snippets of the journey of two Sri Lankan queer couples as they negotiate the normative authoritarian regime of Sri Lankan state and society. Through the authors’ reflections, based on their involvement as activists in these couples’ lives, the paper points out to the distance between dominant discourses in state, society and even among elite queer spaces in the country and the needs of ordinary queer folks in dire situations. It suggests possible paths from which to imagine taking forward the struggle towards decriminalization, freedom, dignity and respect for the LGBTQIA+ community. It shows that these paths have a lot to learn from as well as contribute to, moments and the future impact of the mass mobilization for change in Sri Lanka in 2022 and the repression of the same that the people of Sri Lanka are currently living through.
Note: Since this article was written, the decriminalization of adult consensual same sex sexual activity through changes to Section 365 and 365A of the Sri Lankan Penal Code has come under focus. A Private Member’s Bill was proposed by a Member of Parliament, which was then opposed in the Supreme Court by three people based on arguments that are well rehearsed world over such as this being against Sri Lankan culture and arguments that whip up a frenzy about homosexuality ‘spreading’ and destroying society. In response to this challenge, a range of intervening petitioners filed petitions in court that included LGBTQIA+ organizations, queer individuals, mental health practitioners, human rights activists, women’s rights activists among others. This is the first time in the history of Sri Lanka that the fight to decriminalize homosexuality has been supported by a broad platform of people and organizations many of whom are of a very high profile in the Sri Lankan elite public sphere. Both authors of this piece are involved in efforts around multiple petitions and have been trying to intervene in this process, at every level, by bringing in the voices of ordinary queers who are living in conditions of poverty and everyday violence. Much of the conversations in this iteration of the legal battle too is restricted to elite circles, primarily in Colombo. Those outside Colombo who seek to enter the discourse are also not making adequate effort to even inform working class, marginalized queer folks in the country about what is going on, how they may articulate their voices in this and make space for them to imagine how they might contribute to this struggle. The struggle within the movement to democratize and forefront marginalized queer voices continues along with the struggle against oppressive laws, homophobia and transphobia in broader society.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Notes
1. All names in this article, unless mentioned otherwise, are changed for safety. This article was discussed with Fahima and Rafiya before finalization.
2. In this paper, we largely use the acronym LGBTQIA+ as much of the activists, spaces and processes we describe are based on an identity-based understanding of socio-political change. We refrain from the use of ‘queer’ as outlined by Nivedita Menon, where she argues for an idea of queer as a way of life and politics that includes all those who challenge any social norms including those of gender and sexuality. Even though we are deeply aligned with this definition of ‘queer’, such an understanding is absent and thus irrelevant in the context described in this paper. Occasionally we use the term queer as a collective one to refer to those of non-normative genders and sexualities especially if the specific identity of the person within the listing of LGBTQIA+ is un-fixed in the moment we are describing it.
3. This section is drawn only from publicly available sources although we are privy to a range of other information. As this is an ongoing case, we would like to ensure the safety of the people involved by not divulging any other information. The case was finally dismissed on the 23rd of February 2023.
4. The removal of homosexuality as a pathological condition from the Diagnostic and Statistical Manuals of mental health (DSM) have made their way into psychology education worldwide. We have noticed that this has enabled a depathologizing of homosexuality among practitioners in the field. In Sri Lanka this has extended to doctors in the mental health wards in the widely used public health system. We hear repeatedly that even if psychiatrists and psychologists might victimize LGBTQIA+ folks through diagnosis of other conditions, in the bare minimum, when asked to ‘check’ for homosexuality, the prevalent opinion in their field to depathologize it, is widely practiced.
5. Section 490 reads, Whoever attempts .to commit an offence punishable by this Code with imprisonment, or to cause such an offence offences to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of either description provided for the offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.
6. He communicated this to us as we met him several times and built a relationship while also offering support for his two daughters’ education, employment etc. We continue to be in touch with him and Majitha, separately and together.
7. The applicant complained that same sex activity between consenting adults is a criminal offence under the Sri Lankan Penal Code. By its 1995 amendment to Section 365A of the Penal Code of 1883 Sri Lanka extended the criminalization of ‘acts of gross indecency between persons’ to include sexual conduct between women, replacing the previous wording ‘male person’ with ‘person’. In Flamer-Caldera the CEDAW Committee found violations of articles 2(a), (c)-(g), 5 (a), 7 (c), 15 and 16 in conjunction with article 1, and in light of general recommendations no. 19, 33 and 35 of the Convention. https://www.ejiltalk.org/cedaws-landmark-decision-on-the-criminalisation-of-same-sex-conduct-between-women/
8. This information is based on our work among Tamil speaking queers in Sri Lanka who consistently access resources from Tamil Nadu, travel there if they are able for queer events, sex reassignment surgeries, to visit friends etc.
9. A report compiled by Dharini Priscilla, Michael Mendis and Pasan Jayasinghe (2021) Rethinking Laws and Policies that leave LGBTIQ+ Sri Lankans Behind covers 10 sectors including health, education, employment and the law ‘gap analysis highlights the various ambiguities and broad discretion they afford to authorities almost always become trapdoors through which many LGBTIQ+ Sri Lankans fall’.
10. This was a submission prepared and submitted by 58 people including queer community and allies to the Zonal Task Force and Consultation Task Force for Reconciliation Mechanisms. The Consultation Task Force (CTF) of 11 members drawn from civil society was appointed by the Prime Minister in late January 2016, to seek the views and comments of the public on the proposed mechanisms for transitional justice and reconciliation, as per the October 2015 UN Human Rights Council resolution on Sri Lanka.
11. For a detailed account of the war in Sri Lanka see Hoole et al (1990).
13. The leaders of the GotaGoGama prepared a manifesto including the following eight points: President Gotabaya Rajapaksa must resign, An interim government limited to 15 ministers that remains for a period of 18-months,Essential amendments to the Constitution, such as repealing the 20th Amendment and bringing in the new 21st Amendment, The economic crisis, requests for a relief budget and social security net for vulnerable communities, Audit of current elected officials, Transparent surveillance of all crimes that have been committed financial and otherwise, The Right to life which is the Fundamental Rights of all citizens, and Fair and Independent Elections.
Additional information
Notes on contributors
Sarala Emmanuel
Sarala Emmanuel is a queer feminist researcher based in Batticaloa in Eastern Sri Lanka. She has worked for the past 20 years with communities of primarily Tamil-speaking women and queer folks, including those affected by violence at home and beyond; unorganized sector workers; youth; children and people living with disabilities. She has conducted research that feeds into campaigns at the local, national, regional and international level on a range of socio-economic, psychosocial, cultural and political issues during and after the war in Sri Lanka. She is part of the community of feminist thinkers, peace activists, human rights advocates and psychosocial practitioners in Sri Lanka while being grounded in her everyday life and work in Batticaloa. She has written extensively about Sri Lanka on a range of subjects relevant to the issues and communities listed above. Her formal education includes a Masters in Development Studies from the Institute of Social Studies at the Hague, the Netherlands.
Ponni Arasu
Ponni Arasu is a queer feminist researcher, activist, historian, legal practitioner, artist and expressive arts therapist based in Batticaloa in Eastern Sri Lanka. Hailing from Chennai, India, she has worked for the past 20 years in Chennai, Bangalore and Delhi with a range of communities including women, Dalits, unorganized sector workers and queer folks. She has visited and worked in Sri Lanka since 2005. She works with Tamil-speaking communities of women and queer folks including youth; survivors of violence at home and beyond; people living with disabilities; and sex workers. She has conducted research that feeds into campaigns at the local, national, regional and international levels on a range of socio-economic, psychological, cultural and political issues. She is part of the community of feminist thinkers and activists in Sri Lanka and India. She has written extensively about India and Sri Lanka on a range of subjects relevant to the issues and communities listed above. Her formal education includes a Law degree from Bangalore University, a PhD in History from the University of Toronto and a certification as an Expressive Arts Therapy practitioner from Studio for Movement Arts and Therapies, Bangalore.