Options (50) 2016

Sexual and Reproductive
Health and Rights
Choice is Power | OPTIONS 2015
49
think
FEEL
consider
decide
BELIEVEACT
Fundamentalist projects thrive where

democracy is denied; where human
rights are denied; where people
are denied the right to participate
in decision-making; where there is
no ability to decide about matters
relating to their own lives, their
communitys life, what they want
their state to look like. And if such
projects are gaining ground in the
world at large it is because there is
no democratic world order
ISSN 1391-5673
(Farida Shaheed) Balchin, C. (2011).
Towards A Future Without Fundamentalisms:

Analyzing Religious Fundamentalist Strategies
and Feminist Responses. Toronto: AWID.
This publication has been produced

as part of an initiative on building new
constituencies for womens sexual and
reproductive health and rights being
implemented in Sri Lanka by Women and
Media Collective (WMC), in partnership
with and the support of the Asian-Pacific
Resource and Research Centre for Women
(ARROW). The contents of this publication
are the responsibility of Women and Media
Collective and the respective authors.
publisher

The Women and Media Collective

56/1, Sarasavi Lane, Castle Street

Colombo 8, Sri Lanka.

tel: +94 11 5632045, 2690192, 2690201, 5635900

fax: +94 11 2690192

e-mail: wmcsrilanka@gmail.com
www.womenandmedia.net

online magazine:
http://www.womenandmedia.net/options/
editor

Shermal Wijewardene
executive editors
cover concept and design
design and layout
Sepali Kottegoda
Kumudini Samuel
Dhanushka Amarasekara
Velayudan Jayachithra
PICTURE
Editorial | Shermal Wijewardene
Ethnic Identity, Religion and Nationalism: Are they a

Threat to Womens Sexual and Reproductive Health and
Rights? | Sepali Kottegoda & Evangeline de Silva
10
Sri Lanka urgently needs Comprehensive Sexuality

Education! | Sarah A. Soysa
13
The Importance of Relationship Education |

Paba Deshapriya
15
PHOTO ESSAY - SINGLE, MOTHER? | Natalie Soysa
20
Womens Bodies and Reproductive Rights in Sri Lanka:

Moving beyond the provider-beneficiary relationship |
Darshi Thoradeniya
24
How can Sri Lanka continue to take the ICPD Programme

of Action forward? | Madu Dissanayake
27
The Future of Reproductive and Sexual Rights at the UN?

The implications of the 2015 Commission on Population
and Development | Kumudini Samuel
32
Womens sexually proactive past and their bleak

reproductive future: Analysing Scent of the Lotus Pond |
Shermal Wijewardene
37
Equality and Non-Discrimination: Bending the Law |

Marini Fernando
40
Marriage Equality and Queer Struggles |

Priya Thangarajah
43
We want to live in this country as free citizens |

Shan de Silva
46
Media and the portrayal of LGBTIQ communities |

Damith Chandimal
THINK . FEEL . CONSIDER . DECIDE . BELIEVE . ACT
CONTENTS
From the
Editor
Sexual and Reproductive Health and Rights
he fiftieth anniversary issue of Options goes online as the country approaches

a pivotal General Election. The theme of this issue has not made any headlines
in the election campaigning or coverage. Sexual and reproductive health and
rights is not by any means an election issue for any party. Yet, with the change in
government in January this year, there was some renewed expectation of getting
a hearing from the state on gender issues and issues specifically affecting women.
A prime example is the push to increase womens political representation. The
campaigning on this issue dates from years ago with few concrete gains, but
the change in government gave it fresh impetus.
Similarly, sexual and reproductive health and rights will not have political priority
unless opportunities are created towards that end. Acknowledging and joining
other interventions to create such opportunities in the country, this issue of Options
publishes writers who were asked to imagine the social change that they would
like to see realised in the area of sexual and reproductive health and rights,
given a receptive political environment. While the writers offer a critique of things
as they are, the emphasis also falls on articulating the change that is needed.
There is a politics to how governments have been disposed towards legislating
and policy making on sexual and reproductive health and rights issues in
Sri Lanka, needless to say, but it has not been easy to get recognition and
acknowledgement for that fact. A notion of the politics of sexuality and gender
is hardly legible or admissible in this domain, even though that is what it amounts
to and the contestation has been evident, for instance on the issue of womens
legal access to abortion without condition. The country has also witnessed quite
overt instances of the politicisation of reproduction in the service of nationalist
politics.1
Notions of womens bodily autonomy do obtain in Sri Lanka, but they do not have
much traction against a lack of recognition for the existence of politics of sexuality
and gender, and against rhetoric that consistently obscures the ideological.
We need to be able to challenge the naturalisation of positions on sexual and
reproductive health and rights and initiate a discourse which affirms the language
of political critique. We also need to be able to contest the opportunistic troping
of womens sexuality and reproduction to serve extremist politics.
Challenging the tyranny of heteronormativity and gender normativity must be
part of an agenda for social change. We need to rely on the understandings
we derive from our contexts and maintain a sharper critique of the globalised
discourses that come to us from the terrain of transnational LGBTIQ politics,
drawing on them strategically and with knowledge of their sufficiency.
To many, a key aspect involves contesting the criminalisation of same-sex

sexual activity in Sri Lanka in law (under Section 365 and 365A). Yet the test,
here, lies in determining the strategies and working out the politics of doing so.
In Sri Lanka, these discriminatory sexuality-related lawsstay in place along with
a shifting attribution of meaning related to their significance and application.2
In short, the laws are allowed to remain, while the story about what they mean
and whom they apply to, keeps changing. Our strategies for change must take
this resignification of the law into account. The law is silent on the interests and
rights of trans people, and while this has allowed some space for maneuver, it
has also given rise to exploitative situations because there is no recourse to law
or policy. The question of strategy has to be considered carefully in this context.
The family is a domain that should be high on the programme of social change,
with respect to sexuality and gender. Emotional and physical violence within
families does not have the priority it deserves in advocacy and policy making.
There is even less attention to the experiences of same-sex desiring women in
this regard.
Options has been an enduring feminist forum since it was launched by the
Women and Media Collective in August 1994. It was initially envisaged as a
bi-monthly magazine, and its aims were outlined in the following manner by
its first editor, Neloufer de Mel.
In order to confront patriarchy and improve the condition of women, we
need to take their experiences and see how economic forces, education,
culture, religion, the mass media, etc play a part in stereotyping women and
so discriminate against them. OPTIONS is committed to raising these issues.
We are also concerned with how women are portrayed in mediums of
popular culture such as television, radio, film, drama, song, advertising and the
newspapers. [] There will also be articles on issues of health that particularly
concern women and the position of women in the current Sri Lankan legal
system.
Sustaining a feminist magazine for fifty issues in Sri Lanka is no mean feat. Options
had several make-overs in that time as the nature of writing for and producing a
feminist magazine became re-defined and as the brand of feminism changed
with audiences over the years.
In this issue, education is the site of a number of desired changes, from the
perspective of many writers. They call for a fundamental transformation in
educating people on how to approach their sexual and reproductive health
(and rights), from a situation where it is accepted that the state regulates the
dissemination of knowledge, as well as the discourse and services, to a position
where people see themselves as citizens in this regard, with rights to access
and shape this area and to challenge discrimination.

Health and Rights
While a rights discourse is not viewed uncritically as a solution, it is the basis on
which writers draw attention to how power operates in this domain. They see it in
how education as a social institution occludes awareness of the existence of certain
rights such as reproductive rights and LGBTIQ rights. The need for comprehensive
sexuality education is also identified with the argument that it is not simply technical
information on sexual and reproductive health that is required, but a form of
knowledge that takes local social interactional aspects into account. This includes
awareness about gendered behaviour and how power obtains in sexual relations
in Sri Lankan contexts, and how to establish intimate relationships which do not
replicate exploitative models.
How can we understand Sri Lankas approach to sexual and reproductive health
and rights in the context of the global development agenda? At one level,
writers see the value of the country following through with being a signatory to
international covenants and party to Programmes of Action such as that of the
International Conference on Population and Development, in terms of adapting
progressive articulations of sexual and reproductive health and rights into law,
policy, discourse, and the states approach. They also remind us that we need to
be vigilant about how states crucially influence the sexual and reproductive health
agenda through their actions at the international level, often through ideological
resistance and geopolitical manoeuvring which relegates the reproductive and
sexual health and rights of women and girls.
Options also looks back on some key transitions in the legal domain, cinema, the
media, and in personal life that have significance for lesbian, gay, bisexual and
transgender persons. Writers identify opportunities to change existing discriminatory
situations that include criminalization, violence, and denial of social legitimacy,
both at the level of the countrys international obligations and internally, through
a dialogue between the state and LGBTIQ communities. They critique and
rearticulate the medias ethical and political obligations in reporting on issues
of gender and sexuality, while they also urge the need for LGBTIQ lobbies to be
critically reflexive about how they prioritize issues and politics. They consider how
cinema approaches progressive social change in this domain, just as it is bound
up with the attitudes and ideologies of its time and context.
We hope that you will like this issue of Options and be moved by the very act of
imagining social change at this important moment in our history.
Shermal Wijewardene
Footnotes
A prominent instance was the ban imposed in March 2013 by the Ministry of
Health on all irreversible methods of family planning. A widely held view is that
the ban was imposed after a Buddhist nationalist lobby whipped up panic over
the claim that the majority Sinhalese population was dwindling as a result of
family planning policies and that the Muslim population would outstrip them.
See Chulani Kodikara,
Sinhala Buddhist Nationalist Discourse and Women in Post War Sri Lanka,
Options 49.
http://options.womenandmedia.org/2015/07/sinhala-buddhist-nationalistdiscourse-and-women-in-post-war-sri-lanka. (Accessed on 1 August 2015).
A key instance took place during the recent review of Sri Lanka s obligations
under the International Covenant on Civil and Political Rights, when a government
representative stated that Sections 365 and 365A of the Penal code do not target
any particular group but is there to protect public morality, and reiterated that
there were Constitutional protections for sexual minorities.

Health and Rights
Ethnic Identity, Religion

and Nationalism:
Are they a Threat to Womens Sexual and
Reproductive Health and Rights?
n 19 May 2009, the Sri Lankan forces
namely Mosques and Christian churches and on
defeated the Liberation Tigers of Tamil Eelam
communities of other religions and ethnicities.
(LTTE) by ending a civil war that was fought
There were ideological statements made by
over a period of 26 years. This event started a
the extremist groups and the then government
new era of rapid infrastructural development in
in power that framed women as bearers of
the war-affected region as well as in selected
culture and national identity and as being
regions in the South, together with ad hoc
the vessels for producing a new generation of
attempts at reconciliation. Such attempts
Sinhala Buddhists.
included the setting up of an inquiry by the

Lessons Learnt and Reconciliation Commission
These developments show the manner in
and the UN Human Rights Council resolution on
which a link was drawn between the emergent
reconciliation, accountability and human rights.
ethno- religious and nationalist discourse and

the profiling of women in Sri Lanka, particularly,
their sexual and reproductive health and rights
post-war era, between May 2009 and January
(SRHR). SRHR includes topics such as maternal
2015. There began a discourse framed within
health, family planning and contraception,
ultra-nationalist sentimentsfor example the
fertility and related services and choices,
claim that the Sinhalese race is under threat
sexually transmitted diseases, discrimination and
of being diminished especially relative to
violence based on gender or sexuality, sexuality
a supposed increase in Sri Lankas Muslim
education, and the availability, accessibility
population, and that Sri Lankas identity as a
and affordability of SRH services. To illustrate the
Sinhala-Buddhist nation is being challenged, with
form in which extremist groups used women to
forces conspiring to destroy it. Accompanying
further their agenda, we draw on some extracts
these public statements was the emergence
from newspaper articles and online posts that
of ethno-religious extremist groups and attacks
were in circulation during the period under
on religious places of worship of non-Buddhists,
discussion. These extracts show that there was

a discourse that questioned and threatened
womens choice and right to their reproductive
Other changes were also observed during the
health: namely, their choice to have or not to

have children, the choice of the size of their
Sepali Kottegoda
Evangeline de Silva
family, the choice of contraception and the

choice to access SRH services.

Health and Rights
Today they [women] only think about
their figure. Sticking to those views will lead
to the reduction of the nation. If the Family
Health Worker comes to educate about
family planning, chase her away. Today we
are not demising naturally. If mothers prefer,
they could produce children and hand them
over to the Buddhist Dispensation.
(Translation of a statement made by
National Organizer of the Bodhu Bala
Sena Organization Witarandeniyenanda
Thero. Ilangakoon Manike Gunawathie,
Lankadeepa, Tuesday 12 March, 2013)
The population in the country should
increase. To develop a country people are
essential. It is wrong to say one or two children
are sufficient for a family. It is also prohibited
in our religion to forcefully stop child birth. It
is homicide as well.
(Translation of a statement made by the
Mayor of Colombo Mr. A.J.M. Musammil,
Lankadeepa, Thursday 28 February, 2013)
There were organizations that were
operative through foreign forces that were
instrumental to curb the growth of our Sinhala
population through birth control surgery. We
have been able to stop LRT surgery by taking
strong steps against those organizations.
(Translation of a statement made by
Galabodaaththe Gnanasara Thero.
Lankadeepa, Monday, 18 March, 2013)
Do you know that the Malic acid in
these toffees is especially designed to

attack Sinhalese DNA? Malic acid only gets
activated when it comes into contact with
Sinhalese blood. The Mahavamsa says the
Sinhalese are descended from lions and
Malic acid was used to get rid of lions earlier.
(Translation of an extract from a Sinhala
Buddhist Facebook page. Accessed March
2015)
How does all this have

a bearing on you?
Should it influence
your perceptions
and actions? Think
about these issues,
question them, and
educate yourself
before you act. Let
these considerations
help you next time
you have to make
a decision that
influences your life,
your health and the
future of your family.
Today our race is facing a major danger.
Among the Sinhalese there are only about one
million of childbearing age. Most of them do
not understand this grave challenge that we
are facing. (Translation of a statement
made by Dr. Medagoda Abhayatiss Thero.
Divaina, Monday 18 February, 2013)
Sri Lanka has signed, ratified and developed
a number of human rights documents both
international consensus documents as well
as domestic law and policy that form the
basis of rights to comprehensive sexual and
reproductive health. These include the United
Nations Convention on the Elimination of
All Forms of Discrimination Against Women
(CEDAW) in 1981; the International Conference
on Population and Development (ICPD)
Programme of Action in 1994; and the Beijing
Platform for Action (BPfA) in 1995. Sri Lanka

Health and Rights
has also adopted the Millennium Declaration
Seek out what you need: If you need
in 2000. The Constitution of Sri Lanka also
information or services to fulfill your health
guarantees non-discrimination based on sex,
needs, seek it yourself. Find out if the
religion and ethnicity. Yet, the rhetoric observed
information and services you need are
here shows that there is little or no consideration
available, accessible and affordable to
given to the rights enshrined or development
you. Make use of the resources available
framed in these documents. Family planning,
to you, such as the wide network of health
and access to reproductive health services
services, including those given by the Public
and to making an informed choice in terms of
Health Midwife, and even online resources
contraception are being cloaked in political
such as publications by the Ministry of
and religious overtones that run counter to the
Health, the Family Health Bureau and the
rights of women. This can pose a danger to the
Family Planning Association.
health of the woman and the family.
your needs are reflected in the manifestos,
How does all this have a bearing on you?
policies and development plans of your
Should it influence your perceptions and
political representatives. Before you cast
actions? Think about these issues, question
your vote, make sure that you do not
them, and educate yourself before you act.
contribute to advancing parochial political
Let these considerations help you next time
agendas but that your vote will address the
you have to make a decision that influences
needs of your family, community and the
your life, your health and the future of your
country.
family.
Know your faith, know your rights: You have
the choice to have or not have children;
to have as many or as few as you want;
to decide on the interval between them;
to peruse your education or employment
till you are ready; and to think about your
health and wellbeing and that of your
partner and family before you make your
choices.

Hold accountable are those who are

responsible?: Once you know your rights,
the policies available and who is responsible
for providing services, make it your duty
to hold them accountable for the high
standards required and for the gaps and
shortcomings you see. Raise your voice
individually or collectively so that your
needs are heard and your demands are
met.
Think before you share: It is easy to be

influenced and caught up in online
Finally, remember that sexual and reproductive
discussions on Facebook or other new
rights are human rights. We have taken many
media platforms, especially when they offer
progressive steps to advance the status of
the sensation of anonymity and freedom.
women during the past few decades, so let us
When so much information is circulated
realize these rights and keep moving forward.
on a daily basis, think about what you see.

Question the facts, find out the sources,
think about the ethics and understand the
context before you press the like or share
buttons.
This article was produced as part of a recommendation for public

advocacy following research on religious fundamentalism/extremism
and SRHR conducted in Sri Lanka by the Women and Media Collective.
This initiative was made possible with support from the Asian-Pacific
Resource and Research Centre for Women (ARROW). The contents of
this article are the sole responsibility of the author and can in no way be
taken to reflect the views of ARROW. For more information on this study
and further reading, please contact the Women and Media Collective.
9
Educate yourself before voting: Make sure

Health and Rights
Sri Lanka urgently needs
http://onlinedoctorsl.lk
Comprehensive
Sexuality Education!
ulfilling several important health and
education goals, Sri Lanka has achieved a low

maternal mortality ratio, low infant mortality
rate, high literacy rate, and high life expectancy
over the years.
A different picture emerges in the case of Sexual
and Reproductive Health and Rights (SRHR)
in the country. There are legal and cultural
barriers to accessing services and accurate
information in this areabarriers which affect
young people in particular. Comprehensive
Sexuality Education (CSE) is not provided in
schools, although a considerable amount of
work has been initiated to provide accurate
A womans age at first

marriage is up by almost 7
years, and delayed marriage
and a low birth rate are a
part of this scenario in Sri
Lanka (De Silva et al., 2003).
Yet the country also has a
high teenage pregnancy rate
which affects the physical,
emotional, mental and social
wellbeing of young women.
A marked increase in
premarital sex is in evidence,
but services are freely and
openly offered only to
married people. In addition,
young people (single young
women in particular) tend
not to seek health services
because of the stigma
attached to sexual and
reproductive health related
topics.
10
and adolescents by the state. These efforts
According to a national survey of emerging
information and services to young people

include the Adolescent Health Strategy and
issues among adolescents, 6% of 14-19 year
the National Youth Policy.
olds in schools and 22% of out-of-school

adolescents have had sexual experiences (De
Silva et al., 2003). As a result of lack of accurate
Sarah A. Soysa
information, young people learn about sexual

and reproductive health from peers who
may not know more than they do and who

Health and Rights
access information from pornography, internet
Although more than 700 cases of unsafe
resources, and magazines, which also contain
abortion are reported daily in Sri Lanka, the
inaccurate and misleading information. This
law related to abortion is restricted and only
contributes to a scenario where myths and
permits abortion if the mothers life is in danger.
misconceptions about sexual and reproductive
The strong social stigma surrounding abortion
health remain in place, adding to risk in terms
plays a part in the controlling of womens
of pregnancy, contraceptive use, violence, HIV
bodies and sexuality. Womens sexuality is
transmission, and so on.
controlled and their freedom, choice and

autonomy are limited in the name of culture,
norms, values, family, religion, nationalism,
and so on. Amongst the many myths that
My experience as an advocate
function to restrict womens agency, the most
working for sexual and
common one related to abortion is that young
reproductive health and rights
unmarried women will become promiscuous
has shown me that the lack

of Comprehensive Sexuality
and run wild if they are allowed control over

their own reproductive choices. If evidence
were required to dispute this claim, consider
Education and the existence
the finding that the highest reported rate of
of legal barriers are significant
abortions is amongst married women aged
factors in the challenges faced
35 - 39 (Pathirajah & Senanayake, 2013). The
by young people in this area.

The provision of comprehensive,
gender responsive sexuality
escalating number of unsafe abortions proves

that legal restrictions do not stop women
accessing abortion but only provides an income
opportunity for back alley abortion providers.
education could lead to a

and policy makers think about
sexual and reproductive health
and rights.
Mechanisms such as the Convention on

the Elimination of All Forms of Discrimination
against Women (CEDAW) illustrate that there is
international recognition of womens sexual and
11
reproductive health and rights, bodily autonomy,
positive change in how citizens
sexuality, decision making power and agency,

and their right to be free from violence and
discrimination. Yet womens human rights
and gender justice are compromised by local
cultures and patriarchal power relations. Sri
Lanka has ratified the CEDAW Convention, is

Health and Rights
a signatory to the International Conference
on the Rights of the Child also mentions that
on Population and Development (ICPD)
children and adolescents have the right to
Programme of Action, and has adopted the
be involved in decision making, and that
Beijing Platform for Action. However, to date,
teachers are to be supported and trained
womens rights and young peoples sexual and
to raise professional standards of delivering
reproductive health and rights do not have
Comprehensive Sexuality Education in schools.
much traction as human rights.
There is also an urgent need to strengthen

advocacy on laws and policies, as well as to
My experience as an advocate working for
conduct further research towards formulating
sexual and reproductive health and rights has
evidence-based policies which treat sexual
shown me that the lack of Comprehensive
and reproductive health rights as human rights.
Sexuality Education and the existence of legal
The legal and policy system in Sri Lanka bears a
barriers are significant factors in the challenges
responsibility in this regard. The state must play
faced by young people in this area. The provision
a role to support young women and young
of comprehensive, gender responsive sexuality
people in their rights to a healthier future without
education could lead to a positive change in
stigma and with access to accurate information
how citizens and policy makers think about
and non-judgmental services.
sexual and reproductive health and rights.

Of course, the definition of Comprehensive
Works Cited
Sexuality Education, as the International
De Silva, W. I., Somanathan, A., & Eriyagama, V. (2003).

Adolescent Reproductive Health in Sri Lanka: Status, Policies,
Programs, and Issues. Colombo: Health Policy Programme,
Institute of Policy Studies of Sri Lanka/POLICY; 2003.
Planned Parenthood Federation states it, is of

a lifelong process of acquiring information
and forming attitudes, beliefs and values about
identity, relationships and intimacy.1 This is
a definition which moves beyond simply the
provision of sexual and reproductive health
related information towards recognizing that
young people also need skills to negotiate
relationships and emotions.
12
International norms in this regard can be found

in the International Convention on Economic,
Social and Cultural Rights: Education shall be
directed to the full development of the human
personality and the sense of its dignity, and
shall strengthen the respect for human rights
and fundamental freedoms. The Convention
Pathiraja, R.P., & Senanayake, L. (2013). Improving post

abortion care: Reflections from Sri Lanka. Journal of South
Asian Federation of Obstetrics and Gynecology, 5 (2), 72-75.

Health and Rights
The Importance of
Relationship Education
W
e say life is about relationships. Every
person, in every society, has many different

kinds of relationships. We are defined by the
relationships that we have, and how we treat
others can say a lot about us. But is it fair to
define us by how we treat one other, if we
are not taught how to treat and respect one
another and how to be an equal partner in a
relationship?
Relationship education is one important
avenue whereby young people acquire
skills, knowledge, and information to be able
to make their own choices, be respectful of
others choices, express their own emotions, and
express consent or non-consent. Relationship
education is not only about sexual relationships,
biology or contraception; it is also about gender
On various
occasions,
government
agencies in
Sri Lanka have
recognized
the need for
sexuality
education in
schools but it
has not been
prioritized.
equality, responsible citizenship, respectful

with relationship basics such as honesty, listening
to each other, and being respectful.
A news report indicated that the Sri Lanka
National Child Protection Authority (NCPA) has
appointed a Task Force to look into sexually
exploitative activities affecting children on
social media sites and via mobile phone
girls about online blackmailing, specifically

that intimate photographs shared with their
boyfriends had been circulated amongst a
wider group.
13
What leaves girls open to this exploitation? Do

boys exert some kind of social power over girls
with this behavior?
technology.1 The NCPA appointed the task force

after receiving many complaints from young
There is very little messaging in Sri Lankan

schools that girls and boys are equal human
beings. Young people are not taught how to
Paba Deshapriya
appreciate human qualities like respect and
communication, and access to services. It deals

Health and Rights
trust in relationships and how to apply them.
trust, and healthy relationships. Accurate and
They are not taught how to seek support if they
Comprehensive Age-appropriate Relationship
are vulnerable. They are not equipped to be
Education includes a wide variety of information
an equal partner in a relationship. There is a
under a number of key areas, such as Hygiene,
vacuum in terms of accurate, comprehensive
Communication, Body, Development and
and age appropriate information for young
Reproduction, Relationships, Violence and
people about their relationships, sexuality,
Personal Safety, Gender, Sexuality, Substance
gender, substance abuse and other sexual and
Use, and Human Rights. It allows young people
reproductive health issues.
to understand the values and cultures of their
An abstinence-only approach has limited

effectiveness. Negative messages about sex
do not necessarily inhibit young people from
having sex. However, such messaging can
restrict their access to accurate information,
and deter them from seeking help and asking
questions about sex, while also obstructing clear
communication with their intimate partners.
Relationship education gives rise to the fear that
too much information about sex will encourage
sexual activity amongst young people. But
evaluations of comprehensive sex education
programmes show that youth are not more
likely to become sexually active or experience
increased sexual activity or face negative
sexual health outcomes as a result of these
programmes; instead, they can help youth
upbringing. It provides positive messages about

sexuality, including the benefits of abstinence.
It equips learners with knowledge and the
language to recognize and report abuse, and
the support to do so as well.
On various occasions, government agencies
in Sri Lanka have recognized the need for
sexuality education in schools but it has not
been prioritized. So, lets have a dream:
That accurate, comprehensive, and ageappropriate Relationship Education is
implemented in national frameworks, with
opportunities for young people to define it
and participate in it, and with the support of all
stakeholders, in the realization that it is a way of
building peaceful and respectful relationships
between men and women, and boys and girls.
delay the onset of sexual activity; reduce the

frequency of sexual activity; reduce the number
of sexual partners; and increase condom
and contraceptive use (United Nations Joint
Programme on HIV and AIDS, 1997.)
14
Works Cited
United Nations Joint Programme on HIV and AIDS.(1997). Impact of HIV and Sexual
Health Education on the Sexual Behaviour of Young People: a Review Update. [UNAIDS
Best Practice Collection]. Geneva: UNAIDS.
The current Sri Lankan Health Education
(Footnotes)
curriculum focuses on pregnancy prevention
and STI/HIV prevention. It lacks other very

important topics, such as bullying, teen dating
violence, issues around consent, body image,
See http://www.ippf.org/ (Accessed on 15 July 2015)
See http://www.dailynews.lk/?q=local/ncpa-task-force-combat-threat-children-social-media-sitesmobile-phone-devices (Accessed on 20 July 2015)

Health and Rights
PHOTO ESSAY | Single Mother

natalie soysa
In 2010, Social Services Minister Felix Perera announced that a staggering

23% of households in the country function as single parent ones.
After three decades of war, this isnt really surprising. And war widows are
much respected beings.
But what of single mothers who dont have such a grandiose tragedy
attached to their state of being?
Those who were left pregnant and bravely decided to journey onward
alone? And what of the abandoned wives with no child support?
One woman then must become mother, father, breadwinner, nurturer

and more. A struggle neither society nor government has stopped to
acknowledge.
In fact the opposite is true and these women are not only subjected to
disrespect but also to shame.
I would know I am one.
15
16
natalie soysa

Health and Rights
Finding a place to house us had been near impossible. One landlord

demanded that I vacate the premises for being pregnant without a
husband. Another made an entry in the police station calling me a sex
worker.
My husband works overseas, I now say, toting a fake ring. Or else, doors
would be slammed shut in my face.
Ive spent many mornings and afternoons in police stations. Sometimes

with lawyers, so I am not alone. And because I need to pay someone,
to remind the authorities of my rights.
How is it you have a child and no husband? How come you can afford to
run a household on a womans income? Having to answer these questions
on my own becomes exhausting and not something I have the luxury
of time to endure.

Health and Rights
I cant come to work today because theres no one to take care of my

son.
Im sorry, thats not acceptable. There are other mothers at work.
Yes, but they arent single parent households.
natalie soysa
(And I suppose no one really gets what that means.)
No place of work has been able to acknowledge my circumstances

as special ones. The government hasnt either, so why would private
organizations find the need to?
And what of our children?

Their birth certificates unabashedly state parents unmarried or father
unknown, so how do you get them into school?
Any self respecting school wouldnt want to be associated with my child
when most other children come from good homes and good families.
17

Health and Rights
What does that mean really?

That my home is not good because there isnt a husband in it? That my
endless trials ahead make my family a bad one?
That I must pay for the sin of choosing to raise my child alone?

natalie soysa
18
The question is simple, why am I not acknowledged?

I dont asked to be put on a pedestal, my son does that for me every
day. Merely to be acknowledged so the road isnt so long.

Health and Rights

natalie soysa
So Im not laying awake at night, wondering what tomorrow holds.
Natalie Soysa |July 2015, Colombo
19

Health and Rights
Womens Bodies and

Reproductive Rights in Sri Lanka:
Moving beyond the provider-beneficiary
relationship
hat is your understanding of reproductive
rights?
I posed this question very casually to a recently

graduated young female doctor whom I met
in Colombo.
After contemplating it for a while, she asked me
In what context are you posing this question?
I said, I just want to know how you, as a medical
doctor, perceive reproductive rights.
Then she opened up saying, to be honest we
were not taught about reproductive rights,
but, according to my experience (during the
internship period) I realised that doctors can
only explain the medical situation to a patient,
but the patient should decide and act on
medical advice. For example, we advise
patients with renal diseases not to bear children,
but the decision lies completely with the couple
whether to have a baby or not. They have a
right to become parents. In such instances,
20
we, as doctors, have to abide by the decision
of the patient and respect their wishes, but Im

also not sure whether we can be true to our
profession by being silent in such instances.
Actually we face a dilemma in such instances.
Have I answered your question?
Yes, to a certain extent, thank you, I replied.
What about contraceptive use? How would
you see the use of contraceptives within
reproductive rights?
I think the knowledge about contraception is
very poor among the young generation today,
she replied. By 16 or 17 years of age, kids are
sexually active now, but their knowledge of
sexually transmitted diseases and contraception
is very (shaking her head in disapproval) limited.
I think the reason for this lack of knowledge is
the restrictions imposed by our culture. So, if the
school curriculum does not take this up seriously,
we as a country will face a lot of social problems
in the future, such as unwanted pregnancies,
teenage pregnancies and so on.
Thinking back on that conversation, I pondered
two questions.
Why didnt reproductive rights enter the
Darshi Thoradeniya
medical curriculum even though reproductive

rights were put forward in 1994 at the ICPD in
Cairo, which Sri Lanka agreed to implement?

Health and Rights
Have reproductive rights been defined in Sri
explicitly recognized reproductive rights, very
Lanka?
broadly defined and linked to primary health

care, as fundamental human rights (p. 35).
the ICPD in Cairo; rather, it emerged during the
Even though Sri Lanka was quick to adopt
1980s as a consequence of the second wave of
global terminology and concepts such as
feminism in the 1970s, largely generated by the
birth control (in the 1950s), family planning
womens movements in North America, Europe,
(in the 1960s), and reproductive health (in
Australia and Latin America.11 Petchesky (1998)
the 1990s) into national health programmes,
points out that womens rights movements in
there is a clear omission of reproductive rights
both the global North and South developed and
in the official rhetoric of womens health in Sri
expanded the concept of reproductive health
Lanka. While medical/health officials adopted
and sexual rights through cross fertilisation of
reproductive health, reproductive rights was
ideas across many countries and continents
omitted from the womens health programme.
during the 1990s (p. 3). These ideas were

brought onto international platforms at the
World Conference on Human Rights in Vienna
in 1993, the International Conference on
Population and Development in Cairo in 1994,
and the Fourth World Conference on Women
in Beijing in 1995 (Petchesky, 1998).
The Cairo Programme of Action (PoA) urged
a move away from coercive measures of
population control towards a new emancipated
reproductive health and rights agenda. Unlike
the previous decennial conferences, the ethos
of the Cairo conference marked a definite shift
in the global agenda on womens health, from
a Malthusian focus on population control to
a broader concern with reproductive health
and rights (Simon-Kumar, 2006). Petchesky
(2003) suggests that the significance of Cairos
Programme of Action was threefold: in addition
to enacting a move away from narrow
demographic targets to a comprehensive
reproductive health approach, Cairo also
integrated the principles of gender equality,
equity and womens empowerment into
population and development strategies and
1
See http://www.ghwatch.org/sites/www.ghwatch.org/files/B4.pdf (Accessed

on 15 June 2011).
What is the reason for this omission? Isnt health

a right? Irrespective of the form of government,
health is a right that all people should enjoy.
Welfare state policies were introduced to Sri
Lanka through the British colonial regime in the
early 20th century with the introduction of public
health (Jones, 2004). Sri Lanka has continued
with welfare policies ever since, especially
in health and education, and, as a result, Sri
Lankas social indicators have become the best
in the region. Since the 1970s, internationally
renowned demographers, development
economists and health experts have hailed Sri
Lanka as a development model, based on
the countrys low fertility and mortality levels,
increasing life expectancy, commendable
womens literacy rates, and sound public health
services.
21
While the country can boast such indicators,

the question remains as to what happens to the
relationship between the state and the people
when public health services are provided free
of charge for almost over a century. People
become mere beneficiaries of state welfare.
This, in turn, can render them mute, forestalling
The term reproductive rights was not coined at

Health and Rights
a dialogue with the state let alone demanding
technical and adopt an exclusively biological
rights from the state. In other words, when
focus (disregarding the social environment and
welfare policies are carried out for a long
culture), the chances of developing a rights-
period, they may hinder the development of a
based approach towards health are very slim.
rights-based social contract between the state

and the people.
What are reproductive rights?
This provider-beneficiary relationship can be
As mentioned above, the Cairo conference
seen very clearly in the public health sector

(especially within the structure in which the
medical officer of health functions) with
regard to the distribution of contraceptives
and the dissemination of information on family
planning and reproductive health. There is a
lack of interactive dialogue with public health
workers about the contraceptive advice
given to people, especially women. A topdown approach obtains the state decides
how womens reproductive health should be
planned and managed, and those decisions
produced a very broad definition of

reproductive rights within primary health care
as a fundamental human right which enables
people to make reproductive choices free from
direct or indirect coercion. Where does Sri Lanka
stand on womens reproductive rights? Let us
consider this question from different angles.
Womens organisations in Sri Lanka have been
campaigning over a long period of time for
the legalisation of abortion in the country, but
abortion has still not been legalised.
are implemented by public health workers.

A prime example is the recent incident
(September 2013) associated with the provision
of the contraceptive implant, Jadelle, to
women from Veravil, Keranchi, and Valaipaddu
in Kilinochchi district during a nutrition clinic.22
Through such activities, women beneficiaries
of public health are further kept away from a
rights-based approach towards health.
Even though Sri Lanka introduced the notion of
reproductive health through well-woman clinics
in 1996, the government did not introduce
22
the concept of reproductive rights. This lack

of awareness was clearly expressed by the
young female doctor quoted above, when
she said that reproductive rights were not
part of her curriculum. If doctors become too
2
2See http://groundviews.org/2013/10/11/above-the-law-violations-ofwomens-reproductive-rights-in-northern-sri-lanka/ for further details of the

incident (accessed on 10 July 2015)
What are the implications

of the Pill being an over-thecounter drug in Sri Lanka? It
means that women can get
access to the Pill without a
medical prescription and
do not need to undergo
any medical examination
to ascertain whether the
Pill is compatible with their
bodies. Easy access to the
Pill does not necessarily
mean that women have
control over their bodies.

Health and Rights
Contraceptive pills have been sold as over-
In how Sri Lanka approaches it, reproductive
the-counter drugs from 1974, sans a medical
health is slanted more towards procreation and
prescription.
its impact on population growth. There should
Sterilization incentives are still being paid.

Contraceptives are not advertised in public
media.
What are the implications of the Pill being
an over-the-counter drug in Sri Lanka? It
means that women can get access to the
Pill without a medical prescription and do not
need to undergo any medical examination to
ascertain whether the Pill is compatible with
their bodies. Easy access to the Pill does not
necessarily mean that women have control
over their bodies. Although the Pill helps prevent
unwanted pregnancies, the danger of easy
accessibility is that the Pill could be consumed
without a medical examination, regardless of
its suitability for the individual woman. In this
light, is it still an unqualified achievement for
be more emphasis on reproductive health

being a fundamental human right.
Considering the above issues, it is clear that
reproductive rights are not defined in Sri Lanka,
even though private sector health care centres
use the term very liberally in their leaflets for
advertising purposes.
Reproductive rights is concerned with having full
control over ones body without being subject
to any direct or indirect coercion. A discourse
on reproductive rights in Sri Lanka will begin to
develop if the provider-beneficiary relationship
is shifted to a different level, one where the state
addresses the health needs of the people on
their request (a bottom up approach).
Works Cited
reproductive rights in Sri Lanka that the Pill is an
Jones, M. (2004).Health Policy in Britains Model Colony, Ceylon (19001948). New Delhi: Orient Longman Private Limited.
over-the-counter drug?
Petchesky, R.P. (1998). Introduction. In R. P. Petchesky, & K. Judd

(Eds.), Negotiating Reproductive Rights: Womens Perspectives Across
Countries and Cultures (pp. 1-30). London: Zed Books.
Why does the State pay sterilization incentives?

Is it tantamount to indirect coercion? Is the State
concerned about womens health or about the
Petchesky, R.P. (2003). Global Prescriptions: Gendering Health and

Human Rights. London: Zed Books.
Simon Kumar, R. (2006). Marketing Reproduction? Ideology and
Population Policy in India. New Delhi: Kali for Women, Zubaan.
population growth rate in the country? If the

State is concerned about womens health, then
why would its actions expose womens bodies
to the Pill without a medical examination?
The indirect coercion exerted by sterilisation
incentives surely hampers the introduction of a
The absence of a public discourse on

contraceptives is further indication that a
reproductive rights discourse has not yet been
launched in the public health sector of Sri Lanka.
23
reproductive rights discourse in Sri Lanka.

Health and Rights
t is 2015 and we no longer need to speculate
about what the global development agenda

is going to look like, since we all know that the
process has nearly reached its final lap.
Two crucial questions remain: how ready are we
to accept this global agenda, and how does
it actually connect to our national and local
priorities and needs?
During the past three years, after the Rio+20
summit, the international community (inclusive
of Government policymakers, civil society
advocates, donors and multilateral agencies)
How can
Sri Lanka
continue to
take the
ICPD
Programme
of Action
forward?
has made a huge investment to negotiate and

shape a new global development agenda
for adoption at the 2015 United Nations (UN)
General Assembly in September. As many
of us know, this new development agenda,
which we have been calling the Post 2015
development framework, will continue to
build on what has already been achieved
or has paved the way to achieve through
the Millennium Development Goals (MDGs).
The MDGs emanated from a series of high
24
1990s, and the International Conference on
profile international conferences during the

Population and Development (ICPD) is one of
the key conferences that provided a suitable
platform which countries could build on in

terms of laws, policies, systems and services.
The ICPD was a landmark meeting where 179
governments agreed to a comprehensive
Programme of Action to ensure universal
access to reproductive health, to uphold
fundamental human rights, to alleviate poverty,
to secure gender equality, and to safeguard
the environment.
I believe it is noteworthy that a significant
number of governments have made many
efforts to increase their understanding of
so-called contentious issues within the ICPD
agenda, be it safe abortion, adolescent
Madu Dissanayake
sexual and reproductive health services,

comprehensive sexuality education, or sexual
rights, and this includes several South Asian

Health and Rights
countries as well. As we all know, since 1994, Sri
now clear and well-established reasons for
Lanka, too, had several key successes relating
implementing a curriculum that reflects these
to reproductive health due to the establishment
ideals in order to achieve better outcomes
and implementation of progressive and forward
within the next development framework.
thinking policies with suitable budgetary

allocations to achieve those targets. Further,
In Sri Lanka, issues of sexual orientation and
those policies supported governments macro-
gender identity have been discussed within
economic and social policies. However, these
the domain of health care, and mainly
efforts were primarily focused on the reduction
around HIV transmission. This has led to further
of maternal, infant and child mortality and
stigmatization of LGBT (lesbian, gay, bisexual
morbidity, and, in the recent past, on the
and transgender) persons. The health sector
elimination of congenital syphilis. Hence we can
needs more awareness than others, since
say that Sri Lanka has made very little progress

agenda.
The Sri Lankan education system is yet to
bring about changes that will provide for a
comprehensive curriculum addressing sexual
and reproductive health aspects. School is a
place where children develop their social skills
and relationships, including respect for others,
understanding of diversity, and the ability to be
resilient. But for students who face bullying and
harassment, schools or educational institutions
can be insecure places. Bullying takes multiple
forms and can be motivated by many factors.
According to a UNESCO publication on
homophobic bullying, it is more evident now that
bullying often takes sex or gender-based forms
while reinforcing traditional understandings
of what it means to be masculine or feminine
(UNESCO, 2012). This publication also mentions
that same-sex attracted youth and transgender
In Sri Lanka, issues of sexual

orientation and gender
identity have been discussed
within the domain of health
care, and mainly around
HIV transmission. This has
led to further stigmatization
of LGBT (lesbian, gay,
bisexual and transgender)
persons. The health sector
needs more awareness
than others, since health is
an essential part of human
survival and, therefore,
health care services need
greater understanding of
all clients.
25
youth are often victims of bullying (UNESCO,

2012). Suicide and self- harm among young
people show a clear link to school-related
health is an essential part of human survival and,
bullying. A school should provide for a holistic,
therefore, health care services need greater
integrated and inclusive learning experience
understanding of all clients. Is the Sri Lankan
where every student has a right to learn in
health sector well geared to serve, and sensitive
safe and accepting surroundings. There are
to the needs of, LGBT persons who come in for
on the above mentioned issues within the ICPD

Health and Rights
hormone treatment or for an illness such as a
mechanism, because it is only through the
bowel disorder or a urine infection? How often
formally recognized avenues that workers and
will LGBT persons have to explain many other
their partners/spouses and children become
facets of their life, including biological aspects,
entitled to pensions, adoption rights, parental
and face invasive questions about why they are
leave and right to ownership of property or land.
not heterosexual, before getting to the history
Of course, the implications of the lack of social
of their current ailment or infection? These
protection mechanisms grow more severe for
considerations are crucial, given that sexual
individuals as they age.
orientation and gender identity are recognised

as social determinants of health. These socio-
It is time to address the policy, legislative and
medical and anthropological aspects are
constitutional gaps related to discrimination on
handled in ways that are largely optional and
the basis of an individuals perceived or actual
random; they are not properly incorporated
non-conformity with heteronormativity (the
into the medical and health curricula in many
social belief that being heterosexual is normal).
of the institutions in the country. If this is the
We also need to address discrimination related
situation, can we really say that we have fulfilled
to non-acceptance of individuals sexual
individuals right to health or that we have a
orientation and gender identity. This would
rights-based health care service?
enable greater tolerance and supportive

attitudes in society, including wider acceptance
Although Sri Lanka is a signatory to many
within schools and educational institutes, health
international conventions and covenants,
care settings and employment situations. Such
they have very little binding effect within
a change would enable Sri Lanka to move
the country because they have not been
forward in its development process, with the
adapted into national laws which could then be
aim of offering access to education, health and
applicable within the Sri Lankan court system.
decent work as a basic human right.
Further, Sri Lanka does not have national laws

that specifically protect the rights of people
with diverse Sexual Orientations and Gender
Identities (SOGI). There is enough evidence to
say that individuals have faced discrimination
based on their actual or perceived SOGI.
Discrimination has directly affected their social
and economic status, especially in terms of their
In a country like Sri Lanka where there is no
ability to access employment opportunities.

26
recourse to public funds when unemployed, it

is the duty of the state to make suitable policy
and legal reforms in order to facilitate adult
employment. Further, marriage seems to be
the only pathway to any other social protection
Works Cited
United Nations Educational, Scientific and Cultural Organization (2012).
Good Policy And Practice In HIV & AIDS and Health Education (Booklet
8): Education sector Responses to Homophobic Bullying. Paris: UNESCO

Health and Rights
The Future of Reproductive

and Sexual Rights at the UN?
The implications of the 2015 Commission on
Population and Development
he UN Commission on Population and
facilitation; and despite the imminence of the
Development (CPD), which is mandated to
2015 development agenda that States must
substantively advance the full implementation
finalise by September 2015. A feature of this
Programme of Action, of the International
years CPD was the unwillingness of states to
Conference on Population and Development,
actually negotiate with a view to meeting
met in April 2015 to discuss how to realise the
halfway and to compromise where possible.
future we want: integrating population issues
Instead, individual states or blocs of states
into sustainable development, including the
kept re-stating their positions intransigently
post 2015 development agenda.
after each reading of the facilitators text,

thereby undermining the practice at the CPD
It failed to reach a consensus for the first time
of negotiating consensual agreements.
in 20 years.
The CPD took place in a global context
The CPD has always produced outcome
characterised by certain serious realities in
documents through a process of consultation
the areas of sexual and reproductive health
and consensus between states, including
and rights. Some of the issues are outlined
some very strong ones. However, this April, the
in the following excerpts from the UNFPA
CPD failed us. The CPD ended in a stalemate
factsheet1 Adding it up: Investing in Sexual and
despite two weeks of intense negotiation
Reproductive Health and Rights (December
in informal meetings and formal sessions
2014):
final deadlines loomed; despite supportive
As of 2014, more than half of all women of
27
reproductive age in developing regions want
reaching into the late evening and nights as
to avoid pregnancy. However, one-fourth of

these women225 millionare not using an
Kumudini Samuel
effective contraceptive method.

Health and Rights
These women, who are defined as having
who are poor, rural, indigenous, from ethnic
an unmet need for modern contraception,
minorities, of diverse sexual orientations and
account for 81% of all unintended pregnancies
gender identities, older, and/or with disabilities,
in developing region.
are especially marginalized, and face multiple

human rights violations.2
An estimated 290,000 women die each year in

developing countries from pregnancy-related
It is the future of these women and girls that
causes.
states were mandated to discuss at the 48th

Sessions of the CPD in April. Instead they
If full provision of modern contraception were
contested past agreements, both global
combined with adequate care for all pregnant
and regional, on issues ranging from the
women and newborns, including HIV-related
recognition of sexual and reproductive health
care,
and rights as an indivisible whole to language
maternal deaths would drop from 290,000 to
on comprehensive sexuality education (CSE);
96,000 per year;
gender equality; recognition of the diverse

nature of families; foreign occupation; the
28
If all unmet needs for modern contraception
question of sovereignty; and the right to
were satisfied,
development. Lack of discussion meant that
unintended pregnancies would drop by 70%
consensus was not possible on any of these
from 74 million to 22 million per year;
critical concerns. With states abdicating their
and
responsibility to work towards consensus, it was
unsafe abortions would decline by 74%, from 20
finally left to the Chair to produce a document
million to 5.1 million.
that could be acceptable to all.
However, despite the reality that sustainable
At the very end of the negotiations, Argentina
development will only occur when all individuals
introduced a paragraph to recognise that some
fully realize their sexual and reproductive rights,
countries and regions have begun to reform
many women and girls have no right to have
and revise laws and design and implement
control over their bodies and their sexuality. Early
supportive policies and programmes to protect,
marriage and pregnancy reduces girls right
respect and fulfil sexual rights. It is telling that
to education, life chances and opportunities
sexual rights are still almost an afterthought
that can help them lead an independent life
or admitted into discussion very tentatively,
free from violence and coercion. Inadequate
and that it is among the first set of rights to
access to sexuality education or to sexual
be bargained off the table at virtually all
and reproductive health services not only
inter-governmental processes that negotiate
seriously affects girls and womens health but
consensus documents. This still occurs despite
significantly hampers economic development
agreement at the Fourth World Conference on
and poverty reduction. Women and girls,
Women in Beijing, 20 years ago, that human
especially adolescent girls (ages 10-19),
rights include the right to have control over, and

Health and Rights
It had the qualification of age appropriate

with reference to health services, which
reflected the reluctance of some states to agree
on access to youth-friendly health services
in the area of sexual and reproductive health.
Access to health services, including sexual
and reproductive health services, should never
be qualified by age appropriate or evolving
capacities. Such restrictions have never been
previously agreed upon, and they would have
been a major step back.
decide freely on, all matters related to ones
and reproductive health and rights agenda,
sexuality, free from coercion, discrimination,
called for the conclusion of the CPDs 48 th
and violence.
sessiona procedural anomaly that should be
At the start of this CPD process, it was expected that
prevented in the future.3
the critical post-2015 development agenda, and will
What was unacceptable in the Chairs
provide the foundation for real policies to be created
statement? The statement had a definition of
and strengthened to support the reproductive health
reproductive rights and a preamble paragraph
needs and rights of all peoples. We needed to ensure
on the right of individuals to have control over
that the post-2015 development agenda will prioritize
their sexuality. Importantly, it also recognised
comprehensive sexual and reproductive health and rights
multiple and intersecting forms of discrimination,
as a means to fully realise gender equality and womens
which recognition has never been part of the
rights, as the sustainable development goals (SDGs)
CPD. It also included the need to eliminate
unfold with clear goals and targets that are achievable
inequalities and discrimination on any basis
by 2030. We required the combined efforts of progressive
and the recognition of inequalities within and
governments and civil society to realise this outcome.
between states. G77 states were very keen to
Unfortunately, the well-balanced text
have the right to development endorsed, and
produced by the Chair on the final afternoon,
the Chair recognised this need with a very strong
which reflected the different standpoints of
articulation on the right to development based
29
governments on a range of difficult and often
on a solid human rights framing. Both preamble
contentious issues, was withdrawn in the wake
and operational paragraphs included solid
of further requests to open the text for more
commitments on human rights for all without
discussion. In the wake of this debacle, a group
distinction of any kind, to prevent and eliminate
of 64 civil society organisations working at local,
all forms of violence and discrimination.
a good negotiated outcome document will feed into
national and global levels to secure the sexual

Health and Rights
The Chairs text also included a strong
any other factor. The human right to health
paragraph on integrating ICPD, key actions
cannot be prioritised as appropriate. Age-
and outcomes of its review conferences into
appropriate health-careprogrammesare not
the entire process related to the post-2015
advisable since they
development agenda. The document also had
access to essential and life-saving health
well drafted references to quality, integrated
services for adolescents and to deny people
and comprehensive Sexual and Reproductive
the health care they need. The document also
Health services as well as to comprehensive
failed to recognise the reality of diverse forms
education on human sexuality and to the
of family, which is a material reality in all states
reproductive rights of women and girls, just as
across the globe.
can be used to restrict
it addressed discriminatory laws and the unfair

and discriminatory application of laws.
During the negotiations, states were very

vocal about harnessing what they called the
However, the text did hit some discordant notes.
demographic dividend, which is understood
For instance, it had the qualification of age
to mean the rising and significant population of
appropriate with reference to health services,
youth. Yet, they were unwilling to accept that
which reflected the reluctance of some states
the only way this dividend can be achieved
to agree on access to youth-friendly health
is by investing in the needs of adolescents
services in the area of sexual and reproductive
and youth. Such investment requires real
health. Access to health services, including
commitments to youth through empowerment,
sexual and reproductive health services, should
quality education, health and decent work
never be qualified by age appropriate or
to accelerate sustainable development and
evolving capacities. Such restrictions have
social and economic transformation as a
never been previously agreed upon, and they
means of reducing poverty. Most importantly it
would have been a major step back. Health
means addressing the sexual and reproductive
services should be provided as needed to all
health and rights needs of youth. The opening
who need them, without restrictions of age or
statement of the International Sexual and
30
30
As states prevaricated and abdicated their

responsibilities to further the ICPD agenda
and the outcomes of its review processes
on sexual and reproductive health and
rights, and failed to agree on how to
integrate these rights into sustainable
development, including the post-2015
development agenda, we realised more
than ever that the struggle for the right to
bodily integrity and autonomy was central
to the realisation of gender equality.

Health and Rights
Reproductive rights Caucus at the 48th Sessions
sexual and reproductive health and rights, and
of the CPD included the following section:
failed to agree on how to integrate these rights

into sustainable development, including the
For young people and adolescents,
post-2015 development agenda, we realised
especially those who belong to the most
more than ever that the struggle for the right
marginalized, vulnerable and stigmatized
to bodily integrity and autonomy was central
populations, many social and economic
to the realisation of gender equality. Without
barriers continue to impede the full
acknowledgment and recognition of our sexual
realization of their sexual rights. It is
and reproductive rights, we are denied all our
during this critical life stage, a time of
other human rights.
learning, firsts, and all too often of

violence, abuse and discrimination, that
States failed us at the 49th sessions of the CPD.
investments in sexual rights are urgently
We must now ensure that this CPD will not
needed. Non-judgmental and youth-
set a precedent, and that strong leadership,
friendly sexual and reproductive health
management and facilitation will enable
services and comprehensive sexuality
progressive consensus, so that upcoming inter-
education is essential for young people
governmental processes are not stalled by
to challenge harmful gender norms,
backlash and back tracking as we move into
learn about and claim their rights, and
the critical years ahead with a robust post-2015
navigate healthy relationships.
development agenda. We should continue

to give voice and meaning to our struggle to
The positions taken by states were clearly at
achieve bodily integrity and autonomy both
odds with these goals. Fundamentally, there
in the private sphere and the public sphere
was inflexibility, mainly from the economic north,
and at the local, national, regional and
with regard to issues of world trade, financing for
global levels.What we must understand more
development, debt repayment, and the right
importantly is that the struggle for sexual rights
to development. This was counterposed with
as well as reproductive health and rights has
equally rigid positions from the global South and
to be fought and won within the context and
from conservative religious groups; these lobbies
realities of each of our countries irrespective of
put forward cultural relativist articulations of
the political manoeuvrings that happen at a
religion and tradition that reflected opposition
global level.
to gender equality, abortion and sexual rights.

(Footnotes)
is how to assert the need for both economic
and gender justice in increasingly globalised

and rigid scenarios.
See https://www.guttmacher.org/pubs/FB-AddingItUp2014.html. (Accessed 1

August 2015)
These arguments are derived from unpublished discussion documents used at
the International Sexual and Reproductive rights Caucus at the CPD.
This account is adapted from a published statement of the International Sexual

and Reproductive Rights Caucus.
As states prevaricated and abdicated their

responsibilities to further the ICPD agenda
and the outcomes of its review processes on
31
In the final analysis, the challenge for women

Health and Rights
Womens sexually proactive past and

their bleak reproductive future:
Analysing Scent of the Lotus Pond
In the early stages of Satyajit Maitipes Scent of
the Lotus Pond (Bora Diya Pokuna), a Sinhala
language film which follows three female
characters working in a Free Trade Zone
garment factory in Sri Lanka, a commotion
occurs at the factory over word that a woman
worker has fainted. The other workers get a
welcome break from the routine, as everyone
rushes to the scene. In the excitement, a female
voice can be heard saying sourly that it is small
32
wonder that the woman has fainted since she

sleeps around (implying, needless to say, that
she is pregnant).
The demonizing stereotype of the female

garment worker as a morally lax woman is
unmistakable. But it is knowingly voiced, the
point being to show that the film is aware of
that discourse and to remind the viewer that
there are critiques of it. I was reminded of
Hewamannes (2008) ethnographic study of
the lives of FTZ workers, which states that [p]
opular accounts of widespread premarital sex,
rape, prostitution, abortion, and infanticide
simultaneously portray these women both as
victims of labor and sexual exploitation and
as victims of their own loose morals (11).
SoTLP is very deliberate about how it scripts
sexuality, and this statement shows that it is selfaware that cinema participates in the social
messaging about sexuality. This self-awareness
Shermal Wijewardene
prompts a particular set of questions which I

pursue in this review.

Health and Rights
SoTLP introduces us to Gothami, Mangala, and
her own needs, and is covertly disruptive of their
Swineetha, three women friends who, at first
relationship without too many scruples about
glance, appear close from living and working
the consequences. The comeuppance for her
together. Its plot encourages empathy towards
actions is swift and confirms her sense of social
people who are passed over in life. Gothamis
rejection. In the second act which reunites the
character is the most central to this story line. The
three friends later in life, the film shows them
film begins with an incident from her childhood
settling (not without difficulty) into marriage
in which she is not selected for a main part in a
and family life.
Buddhist play. This narrative thread continues

into her adult life, when she finds that men
Female characters in SotLP are shown to be
fail to notice her for herself and treat her as a
sexually sentient beings, and this is open to
means of access to her housemate, Mangala.
being read as the film pushing back against
The third housemate, Swineetha, is described
conventional social constructions of female
with the term hadichcha (well-behaved)
sexuality. The characters of Gothami and
and is circumspect in matters of love and sex.
Mangala are shown as being sexually proactive
Gothamis circumstances are not helped by the
rather than reactive, and heedless of male
fact that she is secretly in love with Mangalas
entitlement and reciprocity (Mangala rejects
boyfriend, the military man, Vipula, while
Vipula for Suranjit, despite Vipulas persistence,
playing the role of messenger between them.
while Gothami wills Vipula to love her despite
Abject as that role is, she is single-minded about
his clear indifference towards her). Their

frank enjoyment of sex is in itself a welcome
alternative, from one perspective. Scenes of
female masturbation and orgasm are rare in Sri
Lankan cinema, a friend said to me, because
sexual pleasure is so often shown to be a male
prerogative. Gothamis character is especially
celebrated because of the perception that,
as Malathi de Alwis says, hers is a welcome
inversion of the desiring male gaze constantly
encountered in Sinhala cinema. 1
doubt, because of its deliberate approach.

Put simply, by a deliberate approach I mean
that the film shows awareness of bad women
stereotypes and of some aspects of the
sexualized discourses of female garment
workers, and attempts to steer clear of them.
It also prompts an indirect critique of simple
moral judgements by attempting to show the
33
The film lends itself to these readings, without

Health and Rights
unnamed woman in the opening scene. The

latters pregnancy-related fainting fit signals a
chain of associations in the film between women
being sexually proactive in their youth, being
faced with a misbegotten pregnancy, feeling
a sense of malaise attaching to the pregnancy,
and being denied fulfilling reproductive futures.
This discourse of a sexually proactive past
accidental nature and incommensurable
meanings of womens sexual choices. This is
also aided by Maitipes almost ethnographic
style of storytelling, which creates the impression
of closely and empathetically observing the
everyday life of the three women. The film
encourages regard for the womens everyday
routines of cooking, washing clothes, working,
meeting lovers, and going to the temple, and
suggests that their sexual choices should not
be abstracted or judged outside of the frame
of that complex lived experience. It also shows
the characters (especially Gothami) observing
the unfolding of events, which moves the story
along from her perspective, and also works
against the objectification of the characters.
I suggest that the film still invokes a moralizing
discourse about womens sexual conduct, while
it is able to show that it is self-aware about such
patriarchal discourses and, in some instances,
able to actually eschew them. The most
34
obvious instance of it concerns the connection

between the womens illicit sexual conduct in
the past and the consequences of that for their
reproductive futures. The trio of housemates are
ostensibly the central characters, but the actual
three principle female characters, if we follow
my argument, are Gothami, Mangala and the
resulting in a bleak reproductive future links

the storylines assigned to Gothami, Mangala,
and the unnamed woman. Unsurprisingly, the
narrative of the sexually circumspect Swineetha
does not contain any detailed aspects about
reproduction; she is re-introduced in the final
act in the role of a mother without a backstory
to it and without any sense of malaise.
The first articulation of the above discourse
occurs in the opening scenes, when the factory
workers rush to view the pregnancy-induced
fainting as if it were a car accident. The obvious
questions are, of course, why this should be
an occasion for rubbernecking or what is it
exactly about being sexually proactive and a
misbegotten pregnancy that there is to actually
view. That the film is not particularly self-aware

Health and Rights
about this part of the scenethat it is not a
not go any further. No one should be an arbiter
knowing depictionis evident from the fact
of such levels, and I am not even sure if the
that the discourse extends unquestioned to two
argument should be framed in terms of levels.
other female characters. Yet, as I stated above,
What I do emphasis is the films capacity in
the film does show itself to be self-aware in the
relation to being deliberate about depicting the
judgemental statement about the unnamed
sexual lives of female garment workers. I argue
woman sleeping around. This is not to suggest
that the film is able to demonstrate awareness
that my argument assumes levels of awareness,
of misogynist messaging and to eschew it to
and that the film attains a certain level but does
some degree, while at the same time producing

what is at best a highly questionable discourse
about women getting their comeuppance
In Gothamis desperate
search for the child
she gave up, and in
Mangalas cynical
rationalising of her
situation, we can see
that they are alone in
having had children and
are not really affirmed
in the role of mothers
because their actions
do not honestly credit
paternity. Motherhood
is not so much a role or
a responsibility for them
as it is a consequence
of their unguarded
sexual choices; it is an
accident from the past
which is visited on
them in the future.
later in life for being sexually proactive in their

youth, which is the story of being pregnant but
not really being a mother.
Pregnancy is disconnected from proper
motherhood (i.e. unclouded, continuous with
monogamous sexuality, and synonymous
with the production of a legitimate family)
and connected to a theatrical depiction
of malaise for the trio of Gothami, Mangala
and the unnamed woman, and their sexual
behavior in their youth has a lot to do with
it. Nausea, discomfort, and mental unease
are all guilty symptoms of their condition.
Although both Gothami and Mangala have
been pregnant and given birth to children,
they are not mothersat least not in the
way that Swineetha is, which is in a happy,
uncomplicated, and natural fashion, as if there
were no story to being a mother other than
the most obvious one, as the last act shows.
Motherhood is not something either can take for
granted because the circumstances of getting
pregnant were not written into the contract
of heterosexual family and marriage. Each
character has had a child outside of marriage,
35

Health and Rights
and, in a too-neat twist of irony, both situations
In how it approaches womens sexuality and
involve the same man who is not able to affirm
reproductive futures, SotLP is a complex film to
himself in the role of the father.
sum up. It is conscious of the well-known clichs

and stereotypes, and is bigger than its attempts
In Gothamis desperate search for the child
to avoid them. Its closely observed style, with the
she gave up, and in Mangalas cynical
emphasis on the rhythms of everyday life, makes
rationalising of her situation, we can see that
it seem capable of telling stories that do not
they are alone in having had children and
add up or offer simple truths about women.
are not really affirmed in the role of mothers
While all of this is the films due, it also has some
because their actions do not honestly credit
sexist messaging about womens sexuality and
paternity. Motherhood is not so much a role or
reproductive roles.
a responsibility for them as it is a consequence

of their unguarded sexual choices; it is an
accident from the past which is visited on them
in the future. At a broader thematic level, it is a
site of guilt and compromise which haunts their
relationships, and which requires some acts of
contrition on their part.
The sort of malaise-riddled pregnancy
associated with Gothami and Mangala and
the unnamed woman is reminiscent of old
archetypes about women and reproduction.
The film coyly plays with what can be shown
(symptoms like fainting and vomiting) and
what should not be shown (it sends its female
characters discreetly away so that birth
happens like a taboo illness off camera, only to
be disclosed later). This is a carefully constructed
vicarious experience for other people, both
36
in the film and in the audience. For the three

female characters, motherhood gains in
mythical status proportionate to their futile
yearning for it and for untroubled reproductive
futures.
(Footnotes)
1
See Malathi de Alwis, Bora Diya Pokuna Creates Ripples, Colombo Telegraph,
March 22, 2015. Available at https://www.colombotelegraph.com/index.php/boradiya-pokuna-creates-ripples/. Accessed on 20 July 2015.

Health and Rights
Equality
and
Non-Discrimination:
Bending the Law
W
hen the Human Rights Committee
Code to ensure full compliance with Articles 2
conducted its consideration of the fifth
and 26 of the International Covenant on Civil
periodic report of Sri Lanka, on the countrys
and Political Rights. It also highlighted that
implementation of the provisions of the
Sri Lanka should explicitly state that sexual
International Covenant on Civil and Political
orientation and gender identity are prohibited
Rights, representatives from the government
grounds for discrimination. Most importantly,
highlighted that the Constitution of Sri Lanka
the Committee suggested that measures be
enshrined provisions of non-discrimination and
strengthened to protect against violations of
equality irrespective of sexual orientation or
LGBTI rights and that enhanced awareness
gender identity. The Committee, however,
raising and training measures be conducted
remained concerned at the continued
on such rights.1
applicability of the Penal Code sections 365,

365A and 399 and their capacity to criminalise
GROSSLY INDECENT
members of the Lesbian, Gay, Bisexual,

Section 3652 and 365A33 365A of the Penal Code
addition to the widespread discrimination
states: Any person who, in public or private,
and stigmatisation of persons on the basis of
commits, or is a party to the commission of, or
their sexual orientation and gender identity.
procures or attempts to pro cure the commission
The Committee recommended that Sri Lanka
by any person of, any act of gross indecency
amend Section 365, 365A and 399 of the Penal
with another person, shall be guilty of an offence,

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 offence is committed by a person over
Marini Fernando
eighteen years of age in respect of any person

under sixteen years of age shall be punished
with rigorous imprisonment for a term not less
37
Transgender, and Intersex communities, in

Health and Rights
than ten years and not exceeding twenty years
CHEAT
and with fine and shall also be ordered to pay

compensation for an amount determined by
The other trend that has been documented
court to the person in respect of whom the
by groups working with victims of the law, is
offence was committed for the injuries caused
the use of Section 399 of the Sri Lankan Penal
to such person.
Code against transgender persons. The law

does not reflect an understanding of trans
originally criminalised same-sex sexual activity
identity and assumes that a transgender person
between men. However a movement to raise
taking measures to assume a gender identity
awareness on the need to reform these laws
which is different from the sex assigned at birth
in 1995 led to the provisions of the Penal Code
has the malicious intent of cheating others. In
being amended to reflect gender neutrality. The
such instances, as news reports and personal
wording of the amendment paved the way for a
testimonies have revealed, trans persons have
lot of confusion and ambiguity on what exactly
been severely victimized at the hands of law
constitutes an act of gross indecency. Since
enforcement officials, medical professionals,
the Penal Code does not provide a definition
family members, intimate partners, and peers
on the elements that are necessary to establish
who chose to expose their sex at birth, sometimes
an act of gross indecency, the provisions can
for unfair gain.
be interpreted in a manner that could make

any adult committing a consensual act, even
In one instance, a person who was born female
in a private space, guilty of an offence. Though
and had lived as a man reported that he had
state officials may suggest that the provisions
been in a relationship with a woman for many
have not been used to institute cases against
years without a formal marriage between them.
any persons, members of the LGBTI community
His partner was aware of his sex at birth and
have reported that they have faced extortion
had continued with their relationship regardless.
and blackmail at the hands of private actors
However, when he had attempted to retrieve
and authorities who have threatened to
some money that he had loaned his partners
expose them and take measures to trigger law
family, he was accused of cheating and formal
enforcement against them. If, as suggested, the
complaints were made to the police in order to
law has not been enforced throughout these
avoid repayment of the loan. The victim was
years, the time is right to repeal any provisions
sent to prison and was forced to stand trial. He
that are not only discriminatory, but that subject
was also subject to a medical examinations and
vulnerable persons to violence, humiliation and
psychological assessments.
ridicule.
38
There is a lack of clarity on the criteria that

transgender people need to meet in order to
have their documentation changed to reflect
their gender identity. Since Sri Lanka does
not have a formal policy such as a Gender

Health and Rights
Recognition Act in place, officials of the
Currently there has been some interest shown
Registrar of Births and Deaths are compelled to
by the Ministry of Justice in reviewing and
determine the fate of applicants in an ad-hoc
amending this legislation. However, there is
manner. For instance, one applicant revealed
much concern that the proposed new draft
that he had been asked to prove that he had
that will replace the Vagrants Ordinance still
undergone genital reconstruction surgery in
has language that is disrespectful and unclear,
order to have his documents changed.
and allows for the arbitrary detention of women
COMMON PROSTITUTES, VAGRANTS,

GROSS INDECENCY, DISORDERLY AND
IMMORAL BEHAVIOUR
and transgendered people on the assumption

that they are vagrants.
A constructive dialogue needs to be facilitated
with groups in order for the state to ensure
A particularly vague regulation called the
that its citizens are protected and fully able to
Vagrants Ordinance continues to remain on
exercise their rights in a democratic Sri Lanka.
the law books. Not only does this ordinance
Officials can no longer deny the existence of
contain foul, outdated Victorian terminology
sexual minorities in the country, and can no
but it also gives authorities the power to detain
longer hide behind false statements that this
people who are considered idle in public,
behaviour was encouraged and imposed
including when it is determined that such a
by western countries. As a new government
vagrant could solicit someone in the area for
is being formed and work plans are drafted
sexual intercourse. Led by such legal provisions,
afresh, and as new appointments are made,
police have misinterpreted the intentions of
and policies are put in place, there is hope that
bystanders and wrongly detained countless
these concerns can be taken on board.
people. Of course, in most of these cases, it is

people of a lower socio-economic status who
(Footnotes)
prove most vulnerable to such detention and
1
h t t p : / / w w w. o h c h r. o r g / E N / N e w s E v e n t s / P a g e s / D i s p l a y N e w s .
aspx?NewsID=15146&Lang ID=E
despite not having committed an offence.

Members of the transwomen community
are particularly vulnerable, as their feminine
attire gets read by the authorities in particular
discriminatory ways, including the prejudiced
assumption that they intend to solicit sex.
The Committee on the Elimination of
Discrimination against Women has urged the
Government of Sri Lanka to ensure that the
police refrain from applying the Vagrants
Ordinance to arbitrarily arrest sex workers. 4
2
Section 365 of the Penal Code states: Whoever voluntarily has carnal intercourse
against the order of nature with any man,woman or animal shall be punished with
imprisonment of either description [i.e. simpleor rigorous] for a term which may
extend to ten years, and shall also be punished with fine and where the offence is
committed by a person over eighteen years of age in respect of any person under
sixteen years of age shall be punished with rigorous imprisonment for a term not
less than ten years and not exceeding twenty years and with fine and shall also be
ordered to pay compensation of an amount determined by court to the person in
respect of whom the offence was committed for injuries caused to such person.
3
365A of the Penal Code states: Any person who, in public or private, 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 offence, 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 offence is
committed by a person over eighteen years of age in respect of any person under
sixteen years of age shall be punished with rigorous imprisonment for a term not
less than ten years and not exceeding twenty years and with fine and shall also be
ordered to pay compensation for an amount determined by court to the person in
respect of whom the offence was committed for the injuries caused to such person.
39
are forced to find means to win their freedom,

Health and Rights
Marriage
Equality
and Queer
Struggles
In June 2015, the Supreme Court of the US recognized the
right of same sex couples to equal dignity in the eyes of

the law1 by legalizing same sex marriage. This is a welcome
decision that reflects the ability of a community and a
movement to create a discourse that has, within a short
period, not only led to the decriminalizing of homosexual
activity but also fostered acceptance for homosexual
relationships. It is an acknowledgement that same-sex
couples are as equal and protected as heterosexual
couples. It accepts that homosexuals are not deviant and
unnatural, and that they are as normal as heterosexuals.
As Justice Kennedy stated, marriage embodies the highest
values of love, fidelity, devotion, and sacrifice: such an
institution can no longer be denied to homosexuals.
Is this our ask? Is this the goal of our queer

struggle? While celebrating the Supreme Court
40
Priya Thangarajah
victory in the US, activists have also raised

concerns on the invisiblization of other forms
of discrimination faced by LGBTIQ persons.2
Homelessness amongst LGBTIQ youth is one
such issue.3 Even though Obamacare now
provides coverage for gender-affirming surgery,

Health and Rights
transgender people must be diagnosed as
LGBTIQ people vulnerable to being detained,
suffering gender dysphoria if they are to have the
questioned, and even arrested. In short, illegality
surgery. Thus, this surgery remains pathologised
is marked on the bodies of those who do not
and expensive. The violence faced by LGBTIQ
conform to normative gender roles. Many LGBT
persons remains high and the police often
persons have spoken of facing harassment and
remain hostile towards this community when
outright denial of services from various sectors,
they seek to file a complaint. LGBTIQ persons
including the health sector. Homosexuality is
can be refused treatment by hospitals and
still deemed a mental illness in Sri Lanka, even
other services under the conscience clause if
though many countries have delisted it as a
they can prove it violates their religious beliefs.
mental illnesses, and there are still reports of
Unemployment remains high. LGBTIQ persons
LGBTIQ people being forced to see psychiatrists
find it difficult to secure employment and face
and psychologist in the hope of curing
being wrongfully terminated once their sexual
homosexuality.
orientation is revealed. The movements focus

on marriage equality has a bearing on the
I have often found the queer struggle attractive
fact that these various important issues are
to my politics as it questions existing norms of
underfunded and lack support, and that the
gender and sexuality. It challenges the status
violations that people face every day are
quo. While the LGBTIQ movement in Sri Lanka
invisiblized. This may be a telling story as to why
may not be particularly strong in terms of its
certain demands gain legitimacy while others
engagement with class, ethnicity, and womens
continue to be a threat to mainstream society.
issues, I feel that it provides us a platform to

challenge all forms of oppression and to build
In Sri Lanka, homosexual activity remains
a movement that is truly intersectional.
criminalized as unnatural offences under

While marriage provides social security and
and Non-Discrimination: Bending the Law for
legitimacy within society, and is a framework
the language of Section 365 and 365A). While
within which partners can access rights and
carnal intercourse against the order of nature
demand certain obligations, it is also an
has not been defined by Sri Lankan courts, it is
institution that was created on oppressive
seen as sexual activity that does not lead to
terms of unequal partnership, the free labour of
procreation. Even if there has been no proof
women, and the transfer of private property to
of an unnatural offence, the law creates a
legitimate heirs. The institution has changed,
discourse of criminality that pervades same-
no doubt, and I know of many who live equal
sex sexual activity and enters the public realm
and progressive lives within it. It should be
at every opportunity. Because the law and
available to all, regardless of gender, race
its discourse exists, the very fact of appearing
or sexual orientation. The question, however,
queer or not normatively gendered can make
is whether it should be a goal for the LGBTIQ
41
Penal Code Section 365 and 365A (see Equality

Health and Rights
movement. As a goal, does it reflect a desire
people from various walks of life. Moreover, our
to attain respectability and social legitimacy,
discussions are vibrant as we try to find answers
to be like straight people? Our demand and
in the shadow of criminality. My fear is that our
hopes are for a different worldfor a change
movement may lose its diversity and vibrancy
in the status quo and to challenge the norm,
as it gains momentum. Those who are loud and
not to become part of the normal. One of the
powerful can dominate the discourse, and their
problems with being normal is that it always at
needs and privileges may become part of the
the cost of exclusionof people with disabilities,
movements needs and wants.
single women, sex workers, and the poor.

It is true that we have a long way to travel. As we
In todays world, people are building various
walk towards equality, my hope is that we will
formats for companionship, based on mutual
not invisiblize those who do not fit the popular
respect and obligation. Movements make
imagination, because no one is free until we
the impossible possible, and I hope we can
are all free.
reimagine our acceptance and legitimacy.

Ours should not be a movement to make
(Footnotes)
people feel comfortable and to prove that
we, too, are capable of fidelity and devotion;
what we should strive for is to love and to

love whom we want, how we want to, and in
as many ways as we desire. LGBTIQ persons
deserve dignity and respect; our deviance,
which is built on consensual adult sexual activity,
should be celebrated. Our movement, while
focusing on decriminalization, must also ensure
that persons refused employment and health
care due to their gender non-conformity are
able to access these services with dignity; that
transgender people are able to change their
birth certificates to reflect their gender; that
42
harassment from law enforcement officers is not

a part of LBTIQ realities; and that LGBTIQ people
are able to live full lives. Even while facing
violence and threats, the LGBTQ movement
in Sri Lanka has worked at the grassroots
level and, to date, our community consists of
Obergefell v. Hodges, 2015 WL 213646
Following the Supreme Court judgment, several articles were published by the
LGBTIQ community highlighting the challenges faced by LGBTIQ persons that did not
catch the popular imagination as the marriage equality debate did.
http://duckofminerva.com/2015/07/lgbt-rights-the-perils-of-becoming-mainstream.
html,http://www.theatlantic.com/national/archive/2013/11/what-the-gaycommunity-lost-while-it-was-winning-gay-marriage/281525/.
http://williamsinstitute.law.ucla.edu/press/americas-shame-40-of-homelessyouth-are-lgbt-kids/
Jaime M. Grant et al Injustice at every turn: A report of the national transgender

discrimination survey; http://www.thetaskforce.org/static_html/downloads/reports/
reports/ntds_full.pdf
A clause in a law providing for exemption or other allowances on the grounds of moral
or religious conscience. For example, in a recent case, a Christian baker in Colorado
refused bake a wedding cake for a gay couple citing the conscience clause, arguing
that it violated his right to religion as he was morally opposed to homosexuality.
http://www.huffingtonpost.com/entry/jack-phillips-gay-wedding-cake_55ccb488e
4b0cacb8d331dd7?kvcommref=mostpopular

Health and Rights
We want to live in this

country as free citizens
O
ne of the main problems facing female-
it. The required supporting documents tend to
to-male trans persons in Sri Lanka is the lack of
varythe parents marriage certificate may be
appropriate identifying documents. The birth
required in one case while the parents birth
certificate is the most important documenta
certificates may be required in another and
birth certificate without a personal history. That
an affidavit from the parents may be required
history in the birth certificate does give rise to
in yet another case etc., and one is not certain
discrimination, for example in employment.
of obtaining the birth certificate even after
Documents have to be in order for anyone to be
furnishing all the required documents.
considered for employment. If a person whose

appearance has been completely transformed
I approached a JP (Justice of the Peace) about
and who appears male produces documents
the birth certificate issue some time ago, and he
which show a history of being born female, this
did not think there was anything that could be
will create major confusion and that person will
done about itbasically, we didnt have a law
never be offered a job. Therefore, a fresh birth
that was applicable. But laws are manmade.
certificate is a must.
If Sri Lanka can pass so many laws a day, why

cant Parliament make a small alteration and
There are no problems with the National Identity
pass a law? We want this amendment because
Card at present because it shows current
we want to live in this country as free citizens,
details. But there is a problem in relation to
without facing discrimination.
obtaining amended birth certificates. There

has been a rise in the number of requests
The other challenge is with educational
for the birth certificate, and this has been
certificates. Sri Lanka has mostly single-sex
accompanied by a lack of uniformity in the
schools, and if youve attended a girls school
rules and regulations pertaining to processing
in the past, as a man you are now in the difficult

position of having to produce Ordinary Level
and Advanced Level certificates which carry
the name of a woman.
Shan de Silva writes about living in Colombo, Sri

Lanka, as a trans man, wanting the kind of legitimacy
which can usually be taken for granted.
examinations results sheet since I have changed

all other documents. I couldnt get it done,
apparently because the certificate had been
issued under the name of the person who sat for
that examination at that time. The perception
43
I requested a change of name on my

Health and Rights
is that the person who sat for the examination
The information on these documents has a
at that time and the person making the request
direct impact on our lives, constraining our
now are two different people! A similar scenario
educational and employment opportunities,
arises in the case of certificates issued for
and affecting our future. Of course, in a way it
following courses at various institutes.
is a good thing that the law is silentno mention

of the matter means there is no objection. At the
same time, our documents need to be in order,
or we cant live like everyone else.
44
It would be great if our parents

understand and support
us. If you have acceptance
at home, you can expect
societal acceptance. Back
then, our neighbours would
take their children in and
close the doors behind them
when they saw me on the
road. That didnt hurt me: it is
not my door, and I dont have
a problem with their actions.
But now, when they see me
with my family members, they
smile and talk to me. Yes, they
have changed. When they
smile, I smile back. When
they talk to me, I talk to them.
If they dont talk to me and
glare at me, I glare back and
dont bother speaking. They
tire of their own behaviour
after some time.
My family background is such that I did not

face any problems on account of who I am.
My parents dont interfere in my life. There
used to be a time, though, when my father in
particular did not want to be seen with me, but
my mother never changed towards me. His
attitude changed once he realized that I was
a resourceful person, and would take care of
them. If I look at it from their perspective, they
worry about who would look after me once
they are dead and gone. They want me to get
married. Its every parents fear. They worry
about whether I can get a job, about what our
relations would say, what others would say, and
so on. They think: we gave birth to someone
else, and this is a shame and an insult.
When you are a tomboy, you still look like a
girl, and girls do wear trousers and t-shirts. Our
society doesnt challenge that as much. But
when you start treatment and go through that
difficult period of transition at the first stage, then
some face a lot of problems. That is a transitional
period when, in terms of physical appearance,
you may not look like a man or a woman. Of
course, changes in physical appearance are
highly individual, but there is a period like that.
At that point, some face family pressure, with
family members threatening to kill themselves

Health and Rights
unless they stop the treatment. In such cases,
on breakfast, lunch and tea. There are gaps that
you either have to leave home or stop taking
need to be filled. We need to start with the minor
treatment.
staff of the health sector, and this awareness

raising has to be done daily. We have to talk to
It would be great if our parents understand and
them, because there is a common impression
support us. If you have acceptance at home,
that we are compelled by other desires and that
you can expect societal acceptance. Back
we are crazy to opt for surgery for no reason!
then, our neighbours would take their children

in and close the doors behind them when they
I was once asked why I am doing this when
saw me on the road. That didnt hurt me: it is
I could have just ignored it. How can I ignore
not my door, and I dont have a problem with
it when I am not myself? Its like I am using
their actions. But now, when they see me with
someone elses name.
my family members, they smile and talk to me.

Yes, they have changed. When they smile, I
smile back. When they talk to me, I talk to them.
If they dont talk to me and glare at me, I glare
back and dont bother speaking. They tire of
their own behaviour after some time.
Trans people face issues in relation to getting
surgery. Many of us cant afford private
hospitals, and government hospitals do not
have such facilities. There is no law covering
provisions to perform this surgery. In that sense,
not having a law can also be problematic. If
there is a proper procedure laid out in the law,
then government hospitals would perform them
without hesitation.
We should raise awareness about these things
amongst people in the health sector, and
we need to find people who are supportive
the same set of people in the health sector
are targeted by NGOs for awareness raising
programmes, and there isnt much impact from
just working with themit is a waste of money
45
and can do this awareness raising. Right now,
1wallpaper.net

Health and Rights
Media
and the portrayal of
LGBTIQ communities
T
he representation of LGBTIQ persons in the
a barometer of social attitudes. When a society
Sri Lankan media is a major cause for concern.
has not clearly established that bias based
Media reporting leans towards legitimizing
on gender and sexual orientation must be
homophobia and transphobia, rather than
challenged, and that this is a matter of investing
raising awareness on human rights, justice, and
in social progress, the value of sensitizing the
sexual freedom. It is crucial to address the rights
media to the rights of LGBTIQ persons may not
of sexual minorities in relation to this role played
be evident. Yet the media takes a leading role
by the media.
in constructing societal views, and can be a

space of hope.
46
Should media institutions be sensitized to the

rights of LGBTIQ persons? In a market-driven era,
The impact of media reporting on the rights of
does such sensitization make economic sense to
LGBTIQ persons in Sri Lanka has been largely
the media? The media is a social institution and
overlooked as an area of study, despite the

scale and complexity of the issue. For instance,
a popular trend in Sri Lankan teledramas and
Damith Chandimal
films has been the emergence of a feminine

Health and Rights
man stereotype that clearly mocks and belittles
was violated when personal names, addresses,
transgender persons. Imputing homosexuality
age and other details were published in a blog
has become a way of silencing and humiliating
that described the deceased as persons who
politicians. And in post-war Sri Lanka, human
were addicted to homosexuality. Another
rights, including the rights of LGBTIQ persons,
instance concerns a transgender person who
were construed as a foreign conspiracy,
participated in a TV talk show in 2012 on the
often with the support of government media.
assurance of anonymitythat her face would
In this essay, I illustrate a few instances of media
not be shown. The programme did not keep
reporting on LGBTIQ persons that highlight the
its promise, and she was driven from home by
nature of the issue.
her family.
Claiming to reveal an incident of child sexual
The topic of paedophilia is sometimes used
abuse, in 2013, a radio channel exposed
to legitimize homophobic reporting. In 2011,
the identity and personal details (including
a Sinhala language newspaper produced
photographs) of a transgender child who
a negative report about an HIV prevention
had been sexually abused. This constitutes a
programme conducted by a local NGO with
serious violation of human rights and child rights
the approval of the Health Ministry in Sri Lanka.
in relation to sexual orientation and gender
The report was a factor in the NGO ceasing
identity. Naming victims of sexual abuse in the
its operations. A pivotal point in this reporting
media is ethically wrong, as outlined in section
was that the head office of this organization
6.2 of the Code of Professional Practice of The
was situated close to two schools. Sri Lankas
Editors Guild of Sri Lanka.
sodomy laws, Section 365 and 365 A of the

Penal Code, have been used by many media
When reporting on issues associated with
institutions to justify homophobic reporting.
LGBTIQ persons (both children and adults),
Such homophobic news items usually end with
some media institutions have shown scant
the mention that homosexuality is criminalized
respect for the right to privacy. In 2015, a Sinhala
in Sri Lanka under the relevant Penal Code
language newspaper covered a court case
provisions.
wife. It published the full name used previously
Allegations of homosexuality have been traded
by the transgender person, as well as his present
by politicians to discredit one another in recent
name and current residential area. This needs
times. The previous government attempted
47
to be recognized as an act motivated by hate.
to popularize the view that homosexuality
Exposing personal information is common in
disqualified a person from being appointed
internet-based reporting on LGBTIQ persons.
a Member of Parliament and that being
This was evident in the reporting of a case of
heterosexual and being able to produce
double suicide involving a police officer and a
children were prerequisites to rule the country.
soldier in 2013. In this case, the right to privacy
For example, in 2015, a Sinhala language media
lodged against a transgender person by his

Health and Rights
website reported a homophobic statement
towards transgender persons. This trend could
allegedly voiced by an opposition politician,
be clearly noticed in films such as Constable
in which he called the current government
Punyasoma (2014) and Sikru Hathe (2007) and
a homosexual government (suggesting that
in a teledrama like Pabalu (2010-11)
LGBTIQ persons occupied leadership positions

in the government).
A handful of media programmes and articles

have attempted to create positive attitudes
The idea of LGBTIQ rights has been dismissively
towards the LGBTIQ community in Sri Lanka.
attributed to foreign conspiracies by politicians
Many of these are interviews given by human
and journalists. In a news item published in
rights activists, while the rest consists of writing
2015, a Sinhala language newspaper discussed
by LGBTIQ persons on websites, blogs and social
how the Armed Forces had been defamed
media. These resources are scarce in Sinhala
by the publication of research findings which
and Tamil, and the contribution of professional
claimed that soldiers used the services of
journalists has been slight. Social media has
homosexual sex workers. The report claimed
opened up a space for some discussion on
that foreign funded NGOs were trying to spread
issues of same-sex sexuality and for networking,
homosexuality amongst children and recruit
but has also been used to harass LGBTIQ persons
people. The article is discriminatory in circulating
and to violate their rights.
the stereotype of LGBTIQ people as predatory

and in depicting same-sex sexuality in terms of
We need to understand this issue from the
a person being seduced or recruited.
perspective of being a post-war society

afflicted with racist and religious extremist
A further noticeable trend in media
trends. Anti-human rights propaganda has
representations of LGBTIQ persons is the
negatively affected the LGBTIQ rights situation
portrayal of male-to-female transgender
in Sri Lanka. Homophobic commentary and
persons in teledramas and films as figures
transphobic reporting in the media have to be
of fun and as delinquents. In depicting the
understood in this light, as issues arising from
feminine characteristics of male characters
the flow of ideas and opinions between media
as humiliating and a type of cheating, such
and society about rights relating to gender and
programmes reinforce discriminatory attitudes
sexuality.
48
Now online:
http://www.womenandmedia.net/options/

Health and Rights
50
The Women and Media Collective
56/1, Sarasavi Lane, Castle Street, Colombo 8, Sri Lanka.

Tel: +94 11 5632045, 2690201, 5635900 Fax: +94 11 2690192
Email:wmcsrilanka@gmail.com
Web:http://www.womenandmedia.org
Facebook:http://www.facebook.com/womenandmediacollective
Twitter:http://twitter.com/womenandmedia

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Sexual and Reproductive

Health and Rights

Choice is Power | OPTIONS 2015

Fundamentalist projects thrive where

(Farida Shaheed) Balchin, C. (2011).

Towards A Future Without Fundamentalisms:

This publication has been produced

cover concept and design

design and layout

Editorial | Shermal Wijewardene

Ethnic Identity, Religion and Nationalism: Are they a

Sri Lanka urgently needs Comprehensive Sexuality

The Importance of Relationship Education |

PHOTO ESSAY - SINGLE, MOTHER? | Natalie Soysa

Womens Bodies and Reproductive Rights in Sri Lanka:

How can Sri Lanka continue to take the ICPD Programme

The Future of Reproductive and Sexual Rights at the UN?

Womens sexually proactive past and their bleak

Equality and Non-Discrimination: Bending the Law |

Marriage Equality and Queer Struggles |

We want to live in this country as free citizens |

Media and the portrayal of LGBTIQ communities |

THINK . FEEL . CONSIDER . DECIDE . BELIEVE . ACT

he fiftieth anniversary issue of Options goes online as the country approaches

To many, a key aspect involves contesting the criminalisation of same-sex

Sexual and Reproductive

Choice is Power | OPTIONS 2015

there were Constitutional protections for sexual minorities.

Sexual and Reproductive

Ethnic Identity, Religion

n 19 May 2009, the Sri Lankan forces

namely Mosques and Christian churches and on

defeated the Liberation Tigers of Tamil Eelam

communities of other religions and ethnicities.

(LTTE) by ending a civil war that was fought

There were ideological statements made by

over a period of 26 years. This event started a

the extremist groups and the then government

new era of rapid infrastructural development in

in power that framed women as bearers of

the war-affected region as well as in selected

culture and national identity and as being

regions in the South, together with ad hoc

the vessels for producing a new generation of

attempts at reconciliation. Such attempts

included the setting up of an inquiry by the

These developments show the manner in

and the UN Human Rights Council resolution on

which a link was drawn between the emergent

reconciliation, accountability and human rights.

ethno- religious and nationalist discourse and

post-war era, between May 2009 and January

(SRHR). SRHR includes topics such as maternal

2015. There began a discourse framed within

health, family planning and contraception,

ultra-nationalist sentimentsfor example the

fertility and related services and choices,

claim that the Sinhalese race is under threat

sexually transmitted diseases, discrimination and

of being diminished especially relative to

violence based on gender or sexuality, sexuality

a supposed increase in Sri Lankas Muslim

education, and the availability, accessibility