{"id":149819,"date":"2025-05-26T16:39:46","date_gmt":"2025-05-26T23:39:46","guid":{"rendered":"https:\/\/www.lankaweb.com\/news\/items\/?p=149819"},"modified":"2025-05-26T16:39:46","modified_gmt":"2025-05-26T23:39:46","slug":"open-letter-to-hrc-sl-rejection-of-hrcs-proposal-to-repeal-sections-365-365a-a-call-to-protect-6-1million-of-sri-lankas-children-culture-and-constitutional-moralit","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2025\/05\/26\/open-letter-to-hrc-sl-rejection-of-hrcs-proposal-to-repeal-sections-365-365a-a-call-to-protect-6-1million-of-sri-lankas-children-culture-and-constitutional-moralit\/","title":{"rendered":"OPEN LETTER TO HRC-SL \u2013 Rejection of HRC\u2019s Proposal to Repeal Sections 365 & 365A: A Call to Protect 6.1million of Sri Lanka\u2019s Children, Culture, and Constitutional Morality"},"content":{"rendered":"

Shenali D Waduge<\/em><\/span><\/h2>\n\n\n
\"\"<\/figure>\n\n\n\n

To:<\/p>\n\n\n\n

Justice L.T.B. Dehideniya
Chairman
Human Rights Commission of Sri Lanka
Colombo<\/strong><\/p>\n\n\n\n

Subject: Rejection of HRC\u2019s Proposal to Repeal Sections 365 & 365A: A Call to Protect 6.1million of Sri Lanka\u2019s Children, Culture, and Constitutional Morality<\/strong><\/h3>\n\n\n\n

Dear Justice Dehideniya,<\/p>\n\n\n\n

We write to express our unequivocal objection to the Human Rights Commission\u2019s recent recommendation to repeal Sections 365 and 365A of the Penal Code \u2014 two provisions which remain vital to protecting the most vulnerable members of our society, especially children.<\/p>\n\n\n\n

Sections 365 and 365A of the Penal Code are among the few strong legal safeguards shielding children from sexual predators \u2014 repealing them would be an unforgivable act of legal and moral irresponsibility.<\/p>\n\n\n\n

    \n
  1. The repeal of Sections 365 and 365A would strip this nation of critical legal protection for children and embolden predators under the guise of rights.\u201d.<\/li>\n<\/ol>\n\n\n\n

    Sections 365 and 365A of the Penal Code are not outdated relics \u2014 they are Sri Lanka\u2019s vital legal shield against paedophilia, child sexual exploitation, and abuse. Repealing them would strip this nation of critical protections, embolden predators under the guise of rights,\u201d and open the gates to legalised vulnerability for our children.<\/p>\n\n\n\n

    Section 365<\/p>\n\n\n\n

    Where the offence is committed by a person over eighteen years of age in respect of any person under sixteen years of age\u2026 \\[shall face] rigorous imprisonment not less than ten years\u2026\u201d<\/em><\/p>\n\n\n\n

    Section 365A<\/p>\n\n\n\n

    \u2026 any act of gross indecency in respect of any person under sixteen\u2026 \\[shall be punished similarly]<\/em><\/p>\n\n\n\n

    These provisions are a clear legal deterrent against paedophilia, grooming, and predatory behaviour. To repeal them would be to invite a legal and moral vacuum** that predators can exploit. No country truly committed to child welfare would propose such a move \u2014 least of all under the banner of human rights.\u201d<\/p>\n\n\n\n

    What These Laws Do:<\/p>\n\n\n\n

      \n
    • Section 365:\u00a0Criminalizes\u00a0carnal intercourse against the order of nature\u201d<\/em>\u00a0\u2014 including non-consensual and exploitative acts, especially against\u00a0minors under 16.<\/li>\n\n\n\n
    • Section 365A:\u00a0Criminalizes\u00a0gross indecency\u00a0\u2014 including sexual advances, grooming, or acts with or in front of children \u2014 again with\u00a0strict punishments\u00a0for adults involved with those under 16.<\/li>\n<\/ul>\n\n\n\n

      These laws are not merely about private adult relationships \u2014 they are a line of legal defence against paedophilia, child abuse, and exploitation.<\/p>\n\n\n\n

      So why would anyone want to Repeal them?<\/p>\n\n\n\n

        \n
      1. Activist Misrepresentation<\/li>\n<\/ol>\n\n\n\n

        Some human rights activists mischaracterize these sections as being anti-LGBT\u201d or colonial-era morality laws,\u201d ignoring the fact that:<\/p>\n\n\n\n

          \n
        • The\u00a0amended versions\u00a0(1995, 2006) are modern laws not colonial<\/li>\n\n\n\n
        • They contain\u00a0specific protections for children, which have\u00a0nothing to do with consenting adult relationships.<\/li>\n<\/ul>\n\n\n\n

          Repealing them entirely would remove protections for minors.<\/p>\n\n\n\n

            \n
          • Imported Western Agendas<\/li>\n<\/ul>\n\n\n\n

            Internationally funded NGOs and some UN-linked entities push decriminalization of all consensual same-sex acts\u201d without understanding \u2014 or deliberately ignoring \u2014 how Sri Lankan law is structured.<\/p>\n\n\n\n

            They don\u2019t propose reforms. They propose total repeal, which would:<\/p>\n\n\n\n

              \n
            • Leave gaps in protecting children.<\/li>\n\n\n\n
            • Enable predators to exploit those legal grey areas<\/li>\n<\/ul>\n\n\n\n

              Sri Lanka should not be forced to adopt foreign solutions that have failed elsewhere.<\/p>\n\n\n\n

                \n
              • Ideological Extremism<\/li>\n<\/ul>\n\n\n\n

                Some proponents of repeal argue that any regulation of private sexual conduct is oppressive.\u201d But that\u2019s a dangerous logic:<\/p>\n\n\n\n

                  \n
                • By that standard,\u00a0even paedophilia and incest laws could be challenged\u00a0under personal liberty.\u201d<\/li>\n\n\n\n
                • Globally, fringe activists have already started\u00a0pushing to normalize youth-attracted\u201d preferences\u00a0under rights-based\u201d arguments.<\/li>\n<\/ul>\n\n\n\n

                  Repealing these laws could embolden dangerous movements.<\/p>\n\n\n\n

                    \n
                  1. The Real Danger<\/li>\n<\/ol>\n\n\n\n

                    Repealing Sections 365 & 365A in their entirety would:<\/p>\n\n\n\n

                      \n
                    • Legalize many forms of grooming and indecency\u00a0if the child cannot testify to penetration.<\/li>\n\n\n\n
                    • Invalidate punishments for same-sex abuse\u00a0involving minors.<\/li>\n\n\n\n
                    • Allow\u00a0loopholes for predators\u00a0under the cover of privacy\u201d or consent.\u201d<\/li>\n<\/ul>\n\n\n\n

                      No parent, teacher, judge, or religious leader in their right mind would support the repeal of protections for children under 16.<\/p>\n\n\n\n

                      The only people who would benefit are:<\/p>\n\n\n\n

                        \n
                      • Predators,<\/li>\n\n\n\n
                      • Abusers,<\/li>\n\n\n\n
                      • Or those with a\u00a0radical agenda\u00a0that places ideology above child safety.<\/li>\n\n\n\n
                      • Global Crisis: Don\u2019t let Sri Lanka Repeat the West\u2019s Mistakes<\/li>\n<\/ul>\n\n\n\n

                        Across the Western world, societies that removed such protections are now dealing with the devastating consequences:<\/p>\n\n\n\n

                          \n
                        • Paedophilia networks have flourished under vague consent\u201d laws.<\/li>\n\n\n\n
                        • Child sex trafficking and online exploitation are now multibillion-dollar criminal industries. The issue is slowly penetrating to Sri Lanka as the Crimes Division of the Sri Lanka Police would confirm.<\/li>\n\n\n\n
                        • Medical experimentation on minors through puberty blockers, cross-sex hormones, and surgeries has led to irreversible damage \u2014 with young people now speaking out about being manipulated and medically harmed in the name of gender identity.\u201d<\/li>\n\n\n\n
                        • Thousands of youth are suffering from sterility, bone damage, loss of sexual function, and lifelong depression because adults failed to draw a line.<\/li>\n<\/ul>\n\n\n\n

                          Sri Lanka cannot, must not, and will not follow this irreversible damaging & destructive path. We must learn from the West\u2019s errors \u2014 not import them.<\/p>\n\n\n\n

                            \n
                          • Equality before Law not Legalising every Lifestyle<\/li>\n<\/ul>\n\n\n\n

                            All people deserve protection under the law.<\/p>\n\n\n\n

                            But not all private sexual preferences are fundamental rights to be legalized.<\/p>\n\n\n\n

                            You are attempting to elevate private sexual conduct \u2014 which the vast majority of our population rejects \u2014 into a constitutionally protected class.<\/p>\n\n\n\n

                            This is legally flawed, culturally alien, and morally unacceptable.<\/p>\n\n\n\n

                            ICCPR Article 18(3) allows governments to limit freedoms to protect public morals.<\/p>\n\n\n\n

                            ICCPR Article 19(3) explicitly allows expression to be limited for the same reason.<\/p>\n\n\n\n

                            The rights of 0.1% cannot override the conscience of the nation.<\/p>\n\n\n\n

                            Elevating a lifestyle choice into legal supremacy is not equality \u2014 it is ideological tyranny.<\/p>\n\n\n\n

                              \n
                            • Majority Rights Must Be Respected<\/li>\n<\/ul>\n\n\n\n

                              Sri Lanka is a culturally rooted nation. The moral code of Buddha Sasana, Article 9 & our Buddhist, Hindu, Christian, and Muslim communities rejects homosexuality and sexual anarchy.<\/p>\n\n\n\n

                              That is not bigotry. It is a civilizational identity.<\/p>\n\n\n\n

                              Any attempt to repeal child protection laws under the guise of freedom\u201d will be seen by the public as an attack on religious freedom, parental rights, and national sovereignty. The Human Rights Commission must represent the rights of all citizens, not a vocal activist minority.<\/p>\n\n\n\n

                                \n
                              • Misuse of International Law<\/li>\n<\/ul>\n\n\n\n

                                Your letter misleadingly claims that Sri Lanka is bound under international human rights law to repeal these sections. That is factually and legally false.<\/p>\n\n\n\n

                                There is no binding treaty that requires Sri Lanka to:<\/p>\n\n\n\n

                                  \n
                                • Legalize unnatural carnal conduct<\/li>\n\n\n\n
                                • Remove age-based child protection laws<\/li>\n<\/ul>\n\n\n\n

                                  On the contrary, international law affirms Sri Lanka\u2019s right to protect its children and moral order.<\/p>\n\n\n\n

                                  In fact:<\/p>\n\n\n\n

                                  ICCPR Articles 18 and 19 both allow restrictions on rights to protect public morals and the rights of others.<\/p>\n\n\n\n

                                  There is no universal definition of morality\u201d \u2014 it is determined by culture, religion, and the people that has been passed down from generation to generation over centuries.<\/p>\n\n\n\n

                                  By falsely invoking international law, you mislead the public and policymakers and risk discrediting the Commission itself.<\/p>\n\n\n\n

                                    \n
                                  • This Is not Equality \u2014 This Is Social Engineering<\/li>\n<\/ul>\n\n\n\n

                                    It must be said plainly:<\/p>\n\n\n\n

                                      \n
                                    • Children are not lab rats.<\/li>\n\n\n\n
                                    • Culture is not a Western experiment.<\/li>\n\n\n\n
                                    • Rights must be balanced \u2014 not weaponized.<\/li>\n<\/ul>\n\n\n\n

                                      If this repeal is permitted, it will:<\/p>\n\n\n\n

                                        \n
                                      • Undermine parental authority.<\/li>\n\n\n\n
                                      • Destabilize the education system.<\/li>\n\n\n\n
                                      • Remove barriers that currently protect children from ideological, sexual, and pharmaceutical exploitation.<\/li>\n<\/ul>\n\n\n\n

                                        You risk opening the floodgates to foreign-funded influence that treats our children as collateral in a cultural war. And for what gain?<\/p>\n\n\n\n

                                          \n
                                        • Opposition is not Hate<\/li>\n<\/ul>\n\n\n\n

                                          Your dismissal of national concern as homophobia\u201d is both intellectually lazy and democratically dangerous. The majority of this nation has a right to express concern, to dissent, and to resist these proposals without being slandered or silenced.<\/p>\n\n\n\n

                                          Disagreement is not discrimination. Opposition is not hate! Freedom of expression includes the freedom to oppose what we do not believe in.<\/p>\n\n\n\n

                                            \n
                                          • Conclusion: Protect the Children. Preserve the Nation.<\/li>\n<\/ul>\n\n\n\n

                                            We urge the Human Rights Commission to:<\/p>\n\n\n\n

                                              \n
                                            • Immediately withdraw this reckless recommendation.<\/li>\n\n\n\n
                                            • Respect the rights of the majority and uphold the moral code of this nation.<\/li>\n\n\n\n
                                            • Reaffirm your duty to protect Sri Lankan children from global forces that have already destroyed countless lives elsewhere.<\/li>\n<\/ul>\n\n\n\n

                                              Why is the Human Rights Commission of Sri Lanka prioritizing adult sexual liberties of a very minute number of people over the xafety of Sri Lanka\u2019s 6.1million children under the age of 18?<\/strong><\/h3>\n\n\n\n

                                              These are the children whose legal protection from sexual predators, grooming, paedophilia, and psychological trauma<\/strong> currently depends \u2014 in part \u2014 on the existence of Sections 365 and 365A<\/strong> of the Penal Code.<\/p>\n\n\n\n

                                              Yet the HRC-SL, a body mandated to protect the rights of<\/strong> all<\/em> citizens<\/strong>, is calling for the repeal of these provisions<\/strong> \u2014 with no plan to replace them<\/strong>, and no evidence of broad public demand<\/strong>, and no assessment of harm to children<\/strong>.<\/p>\n\n\n\n

                                              So we ask directly:<\/h3>\n\n\n\n
                                                \n
                                              • What child protection impact assessment was conducted before issuing this recommendation?<\/strong><\/li>\n\n\n\n
                                              • Did the Commission consult with paediatric psychiatrists, teachers, child protection officers, or religious and community leaders? Then again some of these so-called experts\u201d also seek to repeal 365 and 365A because of the funding they receive.<\/strong><\/li>\n\n\n\n
                                              • Why has the Commission failed to provide a single safeguard proposal for children under 16 in the event of repeal?<\/strong><\/li>\n\n\n\n
                                              • Are the rights of children \u2014 1\/3rd of our nation \u2014 less important than the sexual preferences of a very few adults?<\/strong><\/li>\n<\/ul>\n\n\n\n

                                                The Moral Reality:<\/h3>\n\n\n\n

                                                HRC SL cannot protect the future of a nation by stripping away the very laws that shield its children from sexual abuse.<\/p>\n\n\n\n

                                                HRC SL cannot claim to promote rights while enabling legal gaps that predators can exploit<\/strong>.<\/p>\n\n\n\n

                                                HRC SL cannot claim to speak for justice while ignoring the voices of parents, religious leaders, and teachers<\/strong> & centuries of morality & ethical behavior who oppose this repeal on moral, medical, and cultural grounds.<\/p>\n\n\n\n

                                                The children of Sri Lanka must not become the next casualties of a failed ideological agenda. We call on all responsible institutions \u2014 legal, religious, medical, and political \u2014 to stand united in defending the laws that protect our people.<\/p>\n\n\n\n

                                                Shenali D Waduge<\/p>\n\n\n\n

                                                \"\"<\/figure>\n\n\n\n
                                                \"\"<\/figure>\n\n\n\n
                                                \"\"<\/figure>\n","protected":false},"excerpt":{"rendered":"

                                                Shenali D Waduge To: Justice L.T.B. DehideniyaChairmanHuman Rights Commission of Sri LankaColombo Subject: Rejection of HRC\u2019s Proposal to Repeal Sections 365 & 365A: A Call to Protect 6.1million of Sri Lanka\u2019s Children, Culture, and Constitutional Morality Dear Justice Dehideniya, We write to express our unequivocal objection to the Human Rights Commission\u2019s recent recommendation to repeal […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[47],"tags":[],"class_list":["post-149819","post","type-post","status-publish","format-standard","hentry","category-shenali-waduge"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/149819","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=149819"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/149819\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=149819"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=149819"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=149819"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}