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Homosexuality neither a disease of the mind nor an offence, says court
The Wattala Magistrate’s Court has dismissed a case filed against a lesbian from Welisara – Mahabage.The case was dismissed after the court had accepted the submission of the defence counsel that homosexuality is neither a disease of the mind nor an offence. A case was filed at the Wattala Magistrate’s Court against a 22-year-old lesbian woman. The parents of the victim, with the help of the Welisara Mahabage Police, had filed a motion in Court seeking a declaration that she was mentally ill because she was a lesbian.
The parents of the victim had been illegally confining the adult woman and subjecting her to abuse, harassment, and forced conversion services after she informed them of her sexual orientation and that she was in a consensual and loving, same-sex relationship.
The matter was initially raised with the Welisara Mahabage Police when a friend of the victim made a complaint to the Welisara Mahabage Police after receiving an email from the victim explaining her illegal confinement.
The victim and her parents were then summoned to the Police for further inquiry. Here, the parents of the victim informed the Police that the victim was suffering from a mental illness as a result of her homosexuality. The Police then further discriminated against the victim based on her sexual orientation. The Police, on the request of the parents of the victim, subjected her to a psychiatric evaluation with a psychiatrist suggested by the OIC. The parents of the victim then made a complaint against their daughter stating that she was in a same-sex relationship and suffered a mental illness therefore they wished that she be produced before a Judicial Medical Officer for psychiatric evaluation. The victim objected to this examination on the ground that no court order was issued.
One week later, the Police summoned all parties back to the Police station stating that there was no evidence of an offence being committed on the part of the victim and they wished to release her possessions back to her. The counsel appearing for the parents of the victim then contested the ownership of the possessions. The Police then stated that this dispute should be resolved by the Magistrate and presented the facts to Court.
On 21 March 2022, the case was taken up before an Interim Magistrate at the Wattala Magistrate’s Court. Appearing on behalf of the parents, the parents’ lawyers, a President’s Counsel, made an application to the Court that the victim suffers from a mental illness and should be subjected to a psychiatric evaluation by a Judicial Medical Officer (JMO) because of her homosexuality. Despite there being no specific offence charged and no legal basis for a medical examination, the Interim Magistrate had ordered the victim to be produced before a JMO for examination before the next hearing.
Following this decision by the Interim Magistrate, the victim’s lawyers filed a revision application to the High Court of Negombo to contest the Interim Magistrate’s decision. The lawyers argued that the Interim Magistrate had reached her decision merely upon submissions provided by the complainant and not upon any legal reasoning.
Magistrate’s often issued orders subjecting LGBT people to anal and vaginal examinations and STI testing purely at the request of the Police. Such decisions can be challenged through revision applications. This case highlights this possibility.
In August 2021, the Sri Lanka College of Psychiatrists also issued a statement that homosexuality was not a mental illness. They further went on to state that the myth of homosexuality being a mental illness lacked any scientific-based evidence and called on the relevant authorities to repeal S.365 and 365A of the Penal Code.
Sections 365 and 365A of the Penal Code do not expressly criminalise homosexuality but are misapplied and misinterpreted by law enforcement to persecute LGBT people. The case was called again recently by the Wattala Magistrate Court. The Magistrate was then informed of the revision application that was made against the order of the Interim Magistrate. Further allegations were then put forward by the complainant’s lawyer that the victim had been ‘brainwashed’ and ‘abducted’ by her partner, despite the victim’s claims of being in a consensual relationship. This was despite the victim having earlier made a statement to the Mahabage Police Station that she does not wish to live with her parents.
Arguments were then raised by the victim’s lawyer that since the victim was of 22 years of age, she is an adult and is in full capacity to make her own decisions. The victim’s lawyer also informed the court of the statement issued by the Sri Lanka College of Psychiatrists, which rejected homosexuality as a mental illness. Furthermore, evidence was provided to the fact that the victim did not suffer from any mental illness that warranted her confinement since she was holding a Bachelor’s Degree in Business and was employed as a teacher.
The complainant’s lawyer argued that releasing the victim to the public would endanger children as she was a teacher.The victim’s lawyer further stated that the victim’s sexual orientation as a lesbian does not constitute an offence under the Penal Code of Sri Lanka. In a U-turn for the Police, the final report submitted by the Welisara Mahabage Police Station also stated that there was no evidence of any offence being committed by the victim.
Following these arguments, the Magistrate stated that there was in fact a lack of evidence of any mental illness and that no offence had been committed by the victim. The Magistrate dismissed this case on the grounds that a JMO examination was not warranted since there was no evidence that the victim was suffering from a mental illness, thereby accepting that homosexuality was not a disease of the mind.The victim was supported by a collective of pro-bono lawyers working with legal probono organisation iProbono. Lawyers included President’s Counsel Dilrukshi Wickremasinghe, Erandhi Abeynake, Thishya Weragoda, Jerusha Thambiah, and Shevindri Manuel.
News
Govt. confident of 2/3 majority despite NPP split speculation
By Shamindra Ferdinando
The ruling NPP yesterday (21) dismissed claims of a widening rift, within the government, over the proposed 22nd Amendment. Asked whether the NPP was concerned over a section of the Opposition alleging Prime Minister Dr. Harini Amarasuriya and two dozen MPs taking a view contrary to that of the party in this regard, authoritative party sources said some persons were propagating speculation for their own interest.
Declaring that there was absolutely no issue regarding the controversial Amendment, sources emphasised once it was tabled in Parliament, it would be passed with 2/3 majority.
Sources dismissed claims that out of its 159-member parliamentary group a section of NPPers was opposed to the government move. According to an influential Opposition activist, there are 57 JVPers and 66 NPPers in the government group and the rest contested the last parliamentary polls, having aligned with the JVP.
Ministerial sources told The Island that the government was confident of going ahead with the 22nd Amendment and Judicature (Amendment) Bills. Sources said that the NPP was not bothered about the Opposition protests in and outside Parliament.
Speaker Dr. Jagath Wickremaratne is expected to disclose the confidential ruling that he received from the Supreme Court in respect of more than 65 petitions for and against the 22nd Amendment and Judicial Amendment Bills. The enactment of the 22nd Amendment would pave the way for extending the retirement age of Supreme Court judges, from 65 to 67 years, and Court of Appeal judges, from 63 to 65 years.
News
Justice Corea appointed Acting President of the Court of Appeal
President Anura Kumara Dissanayake has appointed Court of Appeal Judge Mayadunna Sri Mevan Anthony Edirimannasuriya Corea as the Acting President of the Court of Appeal.
The appointment has been made as President’s Counsel Nalin Rohantha Abeysuriya, who currently serves as President of the Court of Appeal, will be overseas until the 24th.
Accordingly Justice Mayadunna Corea was sworn in as Acting President of the Court of Appeal before President Anura Kumara Dissanayake at the Presidential secretariat last morning (21).
Secretary to the President Dr Nandika Sanath Kumanayake was also present at the occasion.
News
Protest against setting up of cement factory in highly populated area near BIA
… school alleges deception
What began quietly as a single-storey tourist hotel, on the edge of Katunayake-Seeduwa has, five years later, morphed into a looming five-storey cement factory and with it, a storm of fear, anger and unanswered questions.
At a media briefing held on 19 September at St. Thomas International School, Seeduwa, the community finally found its voice. The gathering included priests, school principals, environmental defenders, and parents whose children study within a few hundred metres of the site.
The briefing was led by Rev. Fr. Jude Chrishantha Fernando, Director of National and Archdiocesan Catholic Social Communications, Rev. Fr. Nilantha Heshan, Director of the Archdiocesan Sethsarana Institute, Dinusha Nanayakkara, Convener of the Archdiocesan Committee for the Protection of Muthurajawela, and Attorney-at-Law Ms. Isuri Rodrigo.
Their message was clear: This is not a campaign against development.
“We Are Not Against Cement. We Are Against Deception.”
“Cement is an essential raw material for the country. We have no opposition to any such factory or production plant,” they told the media. “But what we cannot agree to is a project of this magnitude, in this location, without any proper environmental assessment.”
The speakers alleged a textbook case of deception, obtaining approvals for a low-impact tourist hotel, in one of the most densely populated educational zones in the Katunayake-Seeduwa Municipal Council area, and then transforming it into a heavy industrial plant.
“In an area where thousands of schoolchildren study, to show one thing on paper and build another is a highly fraudulent procedure. It is clear that the real environmental damage and the truth have been hidden from the people,” they said.
With the sea and lagoon winds that sweep across Seeduwa, experts fear these fine particles will not stay confined to the factory walls. They will drift across classrooms, homes, and the Katunayake Free Trade Zone, where thousands of workers, representing all 25 districts of Sri Lanka, work every day.
“The risk is not local. It is national. We are talking about a future generation of children with respiratory illnesses, and workers developing chronic breathing disorders,” one speaker warned.

Rev. Fr. Jude Chrishantha Fernando, Director of National & Archdiocesan Catholic Social Communications, responding to journalists
Then there is the proximity that defies logic, just 500 metres from the Bandaranaike International Airport.
The panel presented a scientific concern that has aviation experts worried: a significant drop in air quality around the airport and its runway, and the severe risk to highly sensitive aircraft engines when they ingest air mixed with cement dust. What is at stake, they argued, is not just health but the economy itself.
“When you weigh it deeply, the economic contribution of an international airport is far higher than that of a cement factory. If international airlines start to avoid Katunayake due to safety and air quality concerns, it will be a fatal blow to our country’s economy,” they emphasised.
A few minutes away lies another victim the Negombo Lagoon and the Muthurajawela wetlands, Sri Lanka’s largest and most sensitive coastal ecosystem.
The panel warned that cement dust settling on the mangrove system could degrade water quality, disrupt the delicate salinity balance, and directly interfere with fish breeding grounds. For the fishing communities of Negombo, whose lives depend on the lagoon, this is an existential threat.
“The lagoon is a nursery. If its water quality drops, fish will not breed. If fish do not breed, an entire fishing community collapses,” they said.
The speakers alleged that while the developers claim to have approvals from various state institutions, many of the mandatory clearances, particularly comprehensive Environmental Impact Assessments and feasibility reports, have not been obtained.
They stressed they are not calling for an end to investment, but for it to be done right.
“We have no objection to this factory being started in another suitable location where it will not cause these environmental impacts, based on proper feasibility and assessment reports. Stop this construction here and move it,” was the unanimous demand.
The appeal has now been directed again to the President, the government, and all responsible state institutions and officials.
As the briefing ended, one image lingered — a school playground, a lagoon, and a towering cement structure rising between them. It is a scary picture for the people of Seeduwa; they asks a simple question: What price are we willing to pay for development that doesn’t breathe?
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