Reform Watch is a video magazine program which aims to redress issues faced by marginalized communities through Constitutional Reform. Activist Thenu Ranketh explained to the Reform Watch team how the transgender community can be included in a new Constitution.

Imagine if you wake up one day and realise that you are in the wrong body which is not of the gender you identify as. This has been the premise of several popular movies, but this happens in real life. Unfortunately, in real life, there isn’t any magic or even a heartwarming happy ending – in Sri Lanka, there is often discrimination and abuse.

A transgender individual is someone who does not identify with the biological gender they are born with. An individual who identifies as a man but is born a woman would be called a transman and a person who is born a man but identifies as a woman would be called a transwoman. However, most individuals who identify as trans prefer to be identified by their chosen gender as a “man” or “woman” without being categorized as “other” ie “trans”.

Historically, there has always been opposition against the transgender community. Arguments used to discriminate against the transgender community include it being “against nature” and against traditional societal norms which dictate what women and men must do. However, it has been scientifically proven that there is nothing medically or psychologically wrong with the transgender community – it is not a disease or defect – rather, it is a case of one’s body not aligning with one’s personality and identity. It must also be noted that many cultures, such as the ancient Greeks and Sumerians, peacefully accepted the transgender community without any objections, so it cannot be said that their existence goes against societal norms, and acceptance for the transgender community has been increasing.

So what about Sri Lanka? Unfortunately, the case in Sri Lanka is not too positive. A popular LGBTIQ+ activism group, BENDR, shared personal stories this Pride month, documenting many people who faced harsh discrimination and violence when they “came” out. Elsewhere too there have been multiple reports over the years of members of the transgender community facing violence and discrimination.

So what can be done about it? Activist Thenu Ranketh explained to the Reform Watch team that although some progress has been made in Sri Lanka, there is much which remains to be done. “Our Constitution was written in 1977 – no one even spoke about these issues back then. Now things have changed so much and Sri Lankan society has changed and these issues have come to the surface so we need to adopt the Constitution to reflect this issue,” he says. Thenu also explained that the Sri Lankan penal code is used against the LGBTIQ+ community, especially the transgender community. Article 365 is used to prosecute those who engage in acts “against the order of nature”, Article 365A is used to prosecute anyone who is said to be engaged in acts of “gross indecency”, and the transgender community, in particular, is also arrested under Article 399 if they dress in clothing which goes against the gender norms of their assigned gender in instances such as when official documentation