There is no guidance as to what exactly “gross indecency” is or isn’t, which leaves it open to abuse by the police to victimise the LGBT community.
Despite attempts by the UN and various Sri Lankan LGBT protest groups to question and repeal these laws, the government has not historically been the most obliging: The recent former President Rajapaksa, stated gay marriage would ruin the Buddhist heritage of the nation.
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The draconian laws from the British colonial era (sections 365 of the Sri Lankan Penal Code 1886) criminalising gay sex (“carnal intercourse”) with up to 10 years in prison and a fine are still in place unfortunately.
in 1995 the Sri Lankan judiciary threw gay Sri Lanka backwards by amending this law to criminalise acts of “gross indecency” with a fine and up to 2 years in prison (section 365A).
Broadcasting complaints commissioner Linda Venter said‚ “The fact that these children were not the complainant’s own children‚ probably made it even more embarrassing‚ since where parents would usually know their own children well and would know how to approach any questions or remarks in such circumstances‚ this was not the case here.”“Discussions of this nature are essentially inappropriate on radio at times when children might be in the audience and would be beyond the contemporary South African standard of tolerance‚” said Venter.
East Coast Radio acknowledged that the content was inappropriate‚ apologised and said the matter would be addressed urgently with the producer of the show and his team.