A constitutional challenge warns that gender recognition certificates and sex reassignment surgeries in Sri Lanka’s government hospitals are unlawful, unconstitutional, and a misuse of public resources, demanding immediate cancellation and legal accountability.
A formal letter submitted by the Patriotic National Movement has triggered a renewed national debate over gender recognition and sex change surgery within Sri Lanka’s public health system. The letter, signed by its General Secretary Dr. K. M. Wasantha Bandara, is addressed to the Registrar General and the Director General of Health Services and focuses on Circular No. 06/2016 titled “Amendment of the name and gender of transgender persons on birth certificates.”
(1) Circular No. 01-34/2016 dated 2015.06.16 issued under the signature of the Director General of Health Services
The letter refers specifically to Circular No. 01-34/2016 dated 2015.06.16, which introduced a framework for gender recognition within state institutions. According to the circular, among other provisions:
(a) A certificate for the recognition of gender identity may be issued in respect of a person who has been identified and designated or classified as female or male at birth, which has subsequently been changed to a certificate recognizing the altered gender identity of that person.
(b) Provincial Health Secretaries, Provincial Health Service Directors, Regional Health Service Directors, Teaching Hospital Directors, Hospital Medical Superintendents, Special Project Heads, Heads of Institutions, and Vice-Chancellors of Medical Colleges have been instructed to facilitate the issuance of such certificates and to appoint a specialist doctor in each such institution or hospital for this purpose. A copy of the circular is stated to be attached.
All public officers are bound to uphold the Constitution
The letter emphasizes that all officers and employees serving under the Ministry of Health, including the recipients of the circular, are legally bound to uphold the Constitution of Sri Lanka. This duty, it states, arises from the oath set out in the Fourth Schedule to the Constitution, which must be taken upon assuming office. Any breach of this oath may result in the loss of qualification and legal capacity to continue holding such office.
It further warns that if any officer or minister acts contrary to the Constitution, the validity of their office and all decisions taken under their authority may be challenged before court.
Recognition of gender and related equality is unconstitutional
The letter recalls that a Bill introduced in the previous Parliament, titled Gender Equality in both English and Sinhala, sought to recognize same sex communities and grant them equal rights. This Bill was challenged before the Supreme Court. According to the letter, the Supreme Court reached several key determinations:
(a) The Constitution recognizes only two categories of people, men and women.
(b) The term sex referred to in Article 12(2) of the Constitution is not the same as the term gender used in the proposed Bill.
(c) Accordingly, recognition of gender identity or gender equality is contrary to the Constitution.
(d) Recognition of gender identity or its equality is also contrary to Article 9 of the Constitution. A copy of the judgment is stated to be attached.
In addition, it is contrary to several other laws
The letter further states that the Supreme Court determined that recognition of gender identity conflicts with several laws currently in force, including:
The Marriage Registration Ordinance No. 19 of 1907
The Kandyan Marriage and Divorce Act No. 44 of 1952
The Muslim Marriage and Divorce Act No. 13 of 1951
The Law of Thesawalam
The Penal Code
The above circular is illegal and void
On the basis of these findings, the letter declares that Circular No. 01-34/2016, any subsequent circulars amending or replacing it, and all decisions taken under them are unconstitutional, illegal, and null and void from the outset.
Cancellation of the said Circular
The Registrar General and the Director General of Health Services are formally requested to immediately suspend the implementation of the circular, cancel it, and issue a new circular confirming its cancellation.
Default
The letter provides a fourteen day deadline from the date of receipt to comply with these demands. In the event of failure, legal action will be initiated against the officials concerned and other officers implementing the circular. The remedies sought include:
(a) A declaration that the officials are acting contrary to the Constitution and the law.
(b) Revocation of all decisions taken by officers who implement or cause the implementation of the circular.
(c) Appropriate relief on the basis that the officials have violated the Constitution and committed contempt of court.
The letter states that the request is made for social welfare and in the capacity of a citizen of Sri Lanka.
(2) Gender reassignment surgery for women and men using government hospital resources
In the second section, the letter addresses gender reassignment surgery and hormone treatment allegedly being conducted in government hospitals at the personal request and consent of individuals. It claims that such procedures are being carried out frequently at the Colombo National Hospital, Colombo South Teaching Hospital in Kalubowila, and Colombo North Teaching Hospital in Ragama.
The author reiterates the legal position stated earlier and raises further concerns:
(a) Sex reassignment surgery and hormonal treatments are allegedly being promoted as a commercial business by certain doctors and pharmaceutical companies.
(b) International organizations are accused of using funding to influence individuals and organizations to culturally disrupt society by promoting LGBTQIA behavior.
(c) Allowing the use of government hospital resources for such surgeries, which reportedly include more than thirty five types worldwide, is described as a misuse of public funds and resources that should be reserved for essential medical services, potentially amounting to corruption.
(d) It is further alleged that such surgeries may give rise to offences under Sections 365 and 365(a) of the Penal Code due to perceived support for prohibited conduct.
The letter strongly requests an immediate and transparent investigation into all such treatments and surgeries carried out using public resources. It calls for disciplinary action against offenders, public disclosure of information without identifying patients, and an immediate halt to the process.
The letter concludes with the signature of Dr. K. M. Wasantha Bandara, General Secretary of the Shabhithai National Movement, framing the issue as one of constitutional supremacy, public accountability, and lawful governance.
