Applause for new police guidelines on trans people
But prominent same-sex rights activist says other sexual minorities left out of Police circular
The recent move by the Police to introduce guidelines when dealing with transgender people is a positive step say experts, while urging authorities to expedite laws that decriminalise same-sex relationships.
“Opinions have been expressed that the Police, have, on several occasions, acted in violation of the above provisions when dealing with transgender and people who have undergone gender transition,” said Police Inspector General (IGP) Chandana Wickremaratne.
He recently issued a circular, titled "Matters to be considered when dealing with transgender people and people who have undergone gender transition."
Sri Lanka Police had been requested to take measures against the suppression of fundamental rights of the said community, after a writ case No.425/2021 was filed before the Court of Appeal.
“Speeches or statements which could lead to the discrimination or marginalisation of transgender people and people who have undergone gender transition shall not be made at lectures conducted in Sri Lanka Police training centres or at training workshops conducted by guest lecturers. It shall be the responsibility of the heads of every training centre or unit to inform the lecturers that such matters should not be included in their lectures and ensure they act accordingly,” the IGP said in the circular.
Complaints received from a transgender person or person who have undergone gender transition regarding physical or psychological harassment through inuendo or verbal comments and complaints against such a person shall be investigated by the Prevention of Abuse of Children and Women Unit under the direct supervision of the relevant HQI or Officer-in-Charge.
Moreover, when a transgender person or a person who has undergone gender transition is arrested in connection with an offence, they should be searched and inspected with due regard to decency, by a male or female officer as deemed appropriate, the circular issued to all Police stations said.
When detained, such a person should be kept in the custody of a female warden or a female officer as deemed appropriate.
“Under no circumstances shall such persons be subjected to verbal or physical or psychological harassment or humiliation by Police officers,” the circular said.
However, arresting such people or conducting anal or vaginal examinations with the intention of taking legal actions against them shall never be done without a formal complaint or reasonable grounds.
Legal action should not be taken against a transgender person or a person undergoing gender transition solely based on the grounds of concealing their sexual transition from society, unless it was done so with criminal intent.
Since the possession of contraceptive pills or capsules or condoms was not an offence, no person shall be questioned or arrested solely on the grounds of such a possession and no action shall be taken against such people under the Vagrants Ordinance or any other law for that reason alone.
Equal Ground Founder and activist Rosanna Flamer-Caldera, said the circular is a positive move for transgender people who have suffered harassment, especially by the Police. Equal Ground is a non-profit organisation campaigning for the rights of Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) community in Sri Lanka.
“We are happy but at the same time unhappy as only the transgender community has been addressed. The LGB community is left out either due to ignorance or a lack of knowledge on sexual orientation. We request the IGP to include all LGBTIQ+ people and communities covered in the guidelines issued to Police stations,” Ms. Flamer-Caldera said.
She said last December the IGP apologised on behalf of the Police over the harassment the community had to undergo at Police stations and by Police officers.
Former Human Rights Commission Chairman Dr. Prathibha Mahanamahewa said India, Nepal and Thailand accepted diverse sexual orientation among their people.
“The Police here still harbour beliefs that gender changes are done to commit crimes through impersonations. These communities have experienced harassment by the Police, such as being forced to perform dances, insulted, shamed and even stripped. Police and prison officials should be given guidelines to follow,” he said.
Dr. Mahanamahewa said the Government should consider a re-drafting of the Vagrants Ordinance and the Brothel Ordinance while repealing Article 365 of the Penal Code which stated that voluntary carnal intercourse “against the order of nature” was a crime punishable by fines and 10 to 20 years of imprisonment.
The LGBTIQ+ community was often harassed and arrested by enforcement officers using the above laws and Section 365A which prohibited acts of "gross indecency", and Section 399 of the Penal Code which stated that cheating "by pretending to be some other person" was punishable with up to three years in prison, and a possible fine, Dr. Mahanamahewa said.
“This has made it difficult for people from the trans community to apply for jobs and they are seen as criminals,” he said.
Dr. Pradeep Peiris, from the University of Colombo's Political Science and Public Policy Department, said the Police played a main role in changing public attitudes towards the queer community.
Dr. Peiris, who had conducted a study on the LGBTIQ+ community, said when it came to discrimination against the entire community, the Police were among the top institutions.
Furthermore, the Government recently announced it would consider a private member bill forwarded by Parliamentarian Premnath C. Dolawatte to decriminalise consensual same-sex relationships.
“This should not be just an assurance to the international community while negotiating with the International Monetary Fund (IMF),” Ms. Flamer-Caldera told the
Sunday Times.
A number of countries too urged Sri Lanka to decriminalise consensual same-sex relationships at the United Nations Human Rights Council’s Universal Periodic Review (UPR) Working Group when the country’s human rights records were examined for the fourth time earlier this month.