Was it a new beginning for Sri Lanka? Does this
hint at a degradation of social values? What will happen to the Sri
Lankan culture? So many questions were raised when media revealed a
homosexual marriage ceremony at Ratmalana last week. Sexuality and
gender issues are still not a comfortable topic in public discussions in
Sri Lanka. In fact homosexuality is still considered a taboo. Not
speaking about homosexuality is not going to solve the issues. Thinking
that the ‘issue’ of homosexuality will simply disappear if it is not
talked about is wishful thinking. People are in doubt about the ‘right
attitude’ they should have towards the LGBT (Lesbian, Gay, Bi sexual and
Transgender) community. Some are confused, not knowing which side to
take. Some try to rationalize it where some become homophobic.
Psychologists
say homosexuality is not a mental illness and that it can be cured is a
myth. According to them homosexuals are born as homosexuals. Since it
is caused by genetic factors and hormonal influences, it cannot be
changed. The biggest turning point of this argument was when the
American Medical Association (AMA) removed homosexuality from the list
of Diagnostic and Statistical Manual of Mental Disorders in 1973. In
1952, the original Diagnostic and Statistical Manual of Mental Disorders
(DSM) listed homosexuality among the sociopathic personality
disturbances.
The Nation’s attempt to speak to a couple of
psychologists and counselors at a well known counseling institution in
Sri Lanka didn’t bear fruit with various excuses being given. Since
counselors and psychologists are the only professionally recognized
group who can help and educate LGBT people, their silence regarding the
matter is cause for concern.
A gay rights activist who wanted to
remain anonymous said that a person cannot choose to become a
homosexual. “If a person chooses to become gay, I don’t think that
person will be comfortable about it. Homosexuals have their own sexual
desires as any heterosexual person,” the activist said. “Sri Lankan
media is continuously condemning homosexuals. Most of them don’t even
bother to do proper reference. In fact we are considered criminals in
this country,” the activist lamented.
In fact homosexuals are
considered criminals by law of the country. Legal officer for Institute
of Human Rights (IHR), V S Niranchan assured The Nation that
homosexuality is considered a criminal offense according to law.
“Article 365A prohibits anyone, irrespective of gender, engaging in
‘gross indecency’, which is not explicitly defined, although stiffer
sanctions apply if one person is under the age of 16 or if any sort of
injury was caused as a result,” he said.
According to him any person
who commits, or is a party to the commission of, or procures or attempts
to procure the commission by any person of, any act of gross indecency
with another person, shall be guilty of an offense, and shall be
punished with imprisonment of either description for a term which may
extend to two years or with fine or with both and where the offense is
committed by a person over 18 years of age in respect of any person
under 16 years of age shall be punished with rigorous imprisonment for a
term not less than ten years and not exceeding twenty years and with a
fine and shall also be ordered to pay compensation of an amount
determined by court to the person in respect of whom the offense was
committed for the injuries caused to such person.
Penal code amended
“Earlier
the penal code said ‘any male person’ instead of ‘anyone’. The penal
code was amended in 1995 to include the females as well,” Niranchan
added. He further explained that the laws should be amended to include
more stringent rules in order to control homosexual acts. “Strengthening
the law is the only way to control this unaccepted behavior,” he
reiterated.
Lawyer, Human Rights Activist Shiral Lakthilaka said
that Sri Lanka should also consider the human rights aspect of the
issue. “When you speak about homosexuality in Sri Lanka you have to take
three aspects into consideration; the human rights aspect, religious
aspect and the Victorian mentality among the Sri Lankans,” Lakthilaka
stressed. “When homosexuality is spoken about in the human rights
perspective it falls under the category of minority rights and group
rights. This is a subject which should come into broader discussions.
There should be a platform where sexual minorities could speak of their
issues,” he added.
The religious position in Sri Lanka does not
give any leniency toward LGBT community. All religions in Sri Lanka have
generally perceived that homosexual behavior is a sinful act.
Christianity, Hindunism as well as Islamic community consider
homosexuality as a sinful act. There are no explicit rules for lay
persons prohibiting homosexual behavior in Buddhism. Yet, since
homosexuality is against social standards in the country, it could be
considered as sexual misconduct. However, Thailand being a country with
95 percent Buddhists is soon to amend their laws allowing homosexual
marriages.
There are few organizations and movements offering
help for the LGBT community and most of them are online support groups.
Since the country doesn’t have a proper screening process for these
support groups and organization, it is hard to trust which group is
genuinely offering help and which groups have hidden motives which could
cause more harm than good. Legalizing homosexuality or not it would be
better if the country could have a proper method to monitor these
mushrooming support groups.
Another group of people harbor the
opinion that homosexuality is becoming a trend in society. Some say
homosexuality is only an issue in Colombo. On one hand if homosexuals
are claming that they are not special, it is quite confusing why
homosexuals themselves are trying to show off their ‘pride’. On the
other hand if homosexuality is normal and cannot be changed or ‘cured’,
is it ethical to condemn their sexual preference?
Although the
majority of the Sri Lankan community consider ‘homosexuality’ as a
special issue where solutions should be obtained, the real question is
the danger innocent young people face, due to the lack of awareness on
sexual and gender issues including homosexuality. If they are not
properly educated they will seek information through unreliable sources.
http://www.nation.lk/edition/fine/item/20500-a-society%E2%80%99s-struggle-against-abandoning-homosexuality.html
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