Abstract:
Should homosexuality be recognized as acceptable in society? The
answer hinges on the debate between public morality and constitutional morality.
Sexual orientation is a determining aspect of a person’s identity. It is also a matter
of a person’s individuality, privacy, and dignity. Above all, it is part of the right
to life, and without it, other rights cannot be enjoyed by ‘non-heteronormative’
persons. Homosexuality as a sexual orientation is about one’s sexual autonomy
as well. Everyone should be treated equally as human beings irrespective of
sexual orientation. However, most people disapprove of homosexuality as it is
seen as practice that goes against public morality, tradition, and culture. This
precisely points to the debate between the rights of the majority and the rights of
the minority. The Supreme Court of India has declared that Section 377 of the
Penal Code, which criminalizes consensual homosexuality amongst adults, is
unconstitutional. Similarly, in Sri Lanka too, there is an identical provision which
criminalizes homosexuality. A principled commitment is required to legalize
homosexuality in order to address the issue of the rights of those who are
marginalized/minoritized based on sexual orientation. In this context, this paper
analyses the possibility of legalizing consensual homosexuality amongst adults in
Sri Lanka with a comparative analysis of the legal framework relating to
homosexuality in India.
