The Supreme Court has directed the petitioner to take steps to issue notices to several respondents, including the Attorney General representing former Presidents Maithripala Sirisena and Ranil Wickremesinghe, as well as the incumbent President, who have been named in a fundamental rights petition.
The petition seeks a ruling that the programmes and circulars implemented by both previous and current governments—facilitating women and men to change their gender identity through surgery according to their wishes—are illegal.
The order was issued by a three-judge bench of the Supreme Court comprising Chief Justice Preethi Padman Surasena and Justices Shiran Gunaratne and Achala Wengappuli. The bench was considering a fundamental rights petition filed by Shantha Jayathilake, a retired officer of the Sri Lanka Air Force.
Accordingly, the court instructed that notices be sent to the respondents, informing them that the petition will be taken up before the court on July 20.
Allegations in the Petition
In his petition, Jayathilake argues that there is no legal right for an individual to change their gender through medical surgery, irrespective of biological grounds.
He states that under circulars and guidelines issued in 2016 by the Director General of Health Services, individuals are permitted to change their gender identity through surgery upon obtaining a recommendation certificate from a psychiatrist.
The petitioner further alleges that the government issues new birth certificates and national identity cards to individuals who undergo such gender reassignment procedures, claiming that this practice is entirely unlawful.
He also contends that the current government continues to assist individuals in undergoing what he describes as illegal gender reassignment procedures by supporting programmes initiated by previous administrations.
Additionally, the petitioner claims that changing one’s sexual identity in this manner creates the possibility for same-sex marriages, which he asserts are also illegal.
He further maintains that, according to a recent Supreme Court ruling, determining gender based solely on personal preference without a referendum is completely against the law.
Relief Sought
The petitioner has requested the Supreme Court to issue an order invalidating all circulars and government programmes that allow individuals to change their sexual identity through surgery based on personal desire without a biological basis.
Former Presidents Maithripala Sirisena and Ranil Wickremesinghe, the Attorney General, the Minister of Women’s Affairs, the Director General of Health Services, and several others have been named as respondents in the petition.
(Source: BBC Sinhala)
