India’s Supreme Court strikes down gay sex ban, Sri Lanka’s ban remains in place

NEW DELHI, INDIA - DECEMBER 15: LGBT (lesbian, gay, bisexual and transgender) activists protest against Supreme Court's judgement on Section 377 that upheld section 377 of the Indian Penal Code that criminalizes homosexuality at Jantar Mantar on December 15, 2013 in New Delhi, India. India's Supreme Court last week reversed a landmark 2009 lower court order that had decriminalized gay sex. (Photo by Mohd Zakir/Hindustan Times via Getty Images)

September 6, 2018 (LBO) – A five judge bench in India’s Supreme Court has struck down a colonial era ban of gay sex. There has been an explosive reaction to this landmark judgement on twitter, with some prominent politicians also chiming in:

A summary of the legal situation in Sri Lanka is copied below from Wikipedia:

Same-sex sexual activity legal No (decriminalization proposed, unenforced)
Anti-discrimination laws in employment Yes (Since 2017)
Anti-discrimination laws in the provision of goods and services Yes (Since 2017)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes (Since 2017)
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No (Married couples only)
LGBT people allowed to serve openly in the military No
Right to change legal gender Yes
Recognition of third gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

“The political framework of Sri Lanka has predominantly been inherited from the United Kingdom, but has strong influences of Dutch and Portuguese traditions.

The two main legal arbitrators used against homosexuals are the anti-sodomy laws and gender impersonation laws.[6]

Article 365A prohibits anyone, irrespective of gender, from 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.

In 1995, criminal law was amended to expressly prohibit “gross indecency” no matter the gender of the participants.[7]

In January 2017, cabinet members of the Sri Lankan Government rejected the chance to legalize homosexuality.[8]

The European Union has recently proposed to use its elevated trade deal negotiations to ensure that human rights on the island would be protected.[9]

In November 2017, Deputy Solicitor General Nerin Pulle stated that the government would move to decriminalize same-sex sexual activity.”[10]