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Article 365 Of The Sri Lankan Penal Code
Article 365 of the Sri Lankan Penal Code criminalizes " carnal intercourse against the order of nature" and provides for a penalty of up to ten years in prison. The 135-year-old British law criminalizing homosexual acts remains on the books; however, the law is not used and remains a dormant law. The United States Department of Justice wrote that the police were "not actively arresting and prosecuting those who engaged in LGBT activity" and that the provisions have also reportedly not led to any convictions to date despite "complaints citing the provisions of the law eingreceived by the police". The law as it currently stands has been described varyingly as decriminalized, dormant, and impotent, and it is widely considered to be unenforceable in the judicial system. The Supreme Court shared the view that, while the law did indeed discuss homosexual sex, consensual sexual relations did not warrant a custodial sentence. Unlike in India or the United States, the Supreme Court of ...
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Crime Against Nature
The crime against nature or unnatural act has historically been a legal term in English-speaking states identifying forms of sexual behavior not considered natural or decent and are legally punishable offenses. Sexual practices that have historically been considered to be "crimes against nature" include masturbation, sodomySee Rose v. Locke, 1975, 96 S.Ct. 243, 423 U.S. 48, 46 L.Ed.2d 185. and bestiality.Andrews v. Vanduzer, N.Y.Sup. 1814 (January Term, 1814) (Vanduzer accused Andrews of having had connection with a cow and then a mare and the court understood this to mean that Vanduzer was going around telling others that Andrews had been guilty of the crime against nature with a beast. History and terminology For much of modern history, a "crime against nature" was understood by courts to be synonymous to " buggery", and to include anal sex (copulation ''per anum'') and bestiality. Early court decisions agreed that fellatio (copulation ''per os'') was not included, though ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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United States Department Of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States. It is equivalent to the justice or interior ministries of other countries. The department is headed by the U.S. attorney general, who reports directly to the president of the United States and is a member of the president's Cabinet. The current attorney general is Merrick Garland, who was sworn in on March 11, 2021. The modern incarnation of the Justice Department was formed in 1870 during the Ulysses S. Grant presidency. The department comprises federal law enforcement agencies, including the Federal Bureau of Investigation, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Federal Bureau of Prisons. It also has eight major divisions of lawyers who rep ...
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Supreme Court Of Sri Lanka
The Supreme Court of Sri Lanka ( si, ශ්‍රී ලංකා ශ්‍රේෂ්ඨාධිකරණය, Sri Lanka Sreshthadikaranaya; ta, இலங்கை உயர் நீதிமன்றம், Ilankai uyar neetimanram) is the highest court in Sri Lanka and the final judicial instance of record. Established in 1801 and empowered to exercise its powers subject to the provisions of the Constitution of Sri Lanka, the Supreme Court has ultimate appellate jurisdiction in constitutional matters and takes precedence over all lower courts. The Sri Lankan judicial system is a complex blend of common law and civil law. In some cases, such as those involving capital punishment, the decision may be passed on to the President of Sri Lanka for clemency petitions. The current Chief Justice of Sri Lanka is Jayantha Jayasuriya. History The Supreme Court of Sri Lanka was created on 18 April 1801 with the "Royal Charter of Justice of 1801 of King George the 3rd establishing ...
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Homophobia In Sri Lanka
Homophobia encompasses a range of negative attitudes and feelings toward homosexuality or people who are identified or perceived as being lesbian, gay or bisexual. It has been defined as contempt, prejudice, aversion, hatred or antipathy, may be based on irrational fear and may also be related to religious beliefs. Negative attitudes towards transgender and transsexual people are known as transphobia.* *"European Parliament resolution on homophobia in Europe" Texts adopted Wednesday, 18 January 2006 – Strasbourg Final edition- "Homophobia in Europe" at "A" point * * Homophobia is observable in critical and hostile behavior such as discrimination and violence on the basis of sexual orientations that are non-heterosexual. Recognized types of homophobia include ''institutionalized'' homophobia, e.g. religious homophobia and state-sponsored homophobia, and ''internalized'' homophobia, experienced by people who have same-sex attractions, regardless of how they iden ...
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Sexual Minorities In Sri Lanka
Sexual minorities in Sri Lanka have been counted in recent times as consisting of as little as 0.035% of the population to as high as 19.6%. It is likely that there are around 1,100,000 according to current mapping conventions. Article 365 of the Sri Lankan Penal Code, which criminalizes same-sex sexual acts remains on the books, though the law has not been enforced in recent times, and the Supreme Court has said it would not impose penalties over consensual homosexual sex. Premnath C. Dolawatte submitted a Private Member Bill to Parliament on the 23rd August 2022 aiming to repeal the colonial-era law banning homosexual sex, to which the current President of Sri Lanka said "we are for it" and his government would not oppose the private members bill, but that "you have to get the support of individual members parliament]." It was later reported by media that the law is likely to be repealed in 2023 due to the cause gaining widespread consensus among said individual members of parl ...
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Tamil Sexual Minorities
Tamil sexual minorities are Tamil people who do not conform to heterosexual gender norms. They may identify as LGBTQIA. It has been estimated that India has a population of 2.5 million homosexuals, though not all of them are Tamil, and not all Tamils live in India. There are currently laws that criminalize homosexual sex implemented in Malaysia, Sri Lanka, Singapore, and Mauritius, all of which have Tamil as an official or recognized language, and have referenced Section 377 of the British penal code as far back as colonial times Sri Lanka and Mauritius have implemented anti-discrimination laws, whereas Sri Lanka and Tamil Nadu provide support for transgender people. The law in Sri Lanka is legally dormant. The entire political spectrum of Tamil Nadu supports transgender and third gender people. A Buddhist movement and the INC both openly support reforming the colonial law criminalizing gay sex, but the remaining parties have remained silent on the issue. Nevertheless, a number of ...
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Law Of Sri Lanka
The legal system in Sri Lanka comprises collections of codified and uncodified forms of law, of many origins subordinate to the Constitution of Sri Lanka which is the highest law of the island. Its legal framework is a mixture of legal systems of Roman-Dutch law, English law, Kandian law, Thesavalamai and Muslim law. This mixture is a result of the diverse history of the island as a result criminal law is based on English law while much of the common law is Roman-Dutch law, with certain aspects such as marriage, divorce, and inheritance associated with Kandian law, Thesavalamai and Muslim law based on the community and geography.Sri Lankan legal system and its influence over society
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