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 Supreme Court shared the view that, while the law did indeed discuss homosexual sex, consensual sexual relations did not warrant a custodial sentence.
But during the debate, several lawmakers notified the parliament that homosexual relations between two women were not criminalized under the existing hundred-year-old colonial act, and consequently the section was reworded to expand the maximum twelve-year sentence to females.
Nerin Pulle said the Supreme Court has made a recent progressive pronouncement on Penal Code offences that may be applied to same sex sexual conduct.
“In SC appeal 32/11, the court acknowledged “contemporary thinking that consensual sex between adults should not be policed by the State nor should it be grounds for criminalization.” While acknowledging that such offences are part of Sri Lanka’s criminal law, the court held that imposing custodial sentences would be inappropriate in cases where the impugned acts were between consenting adults,” he said.Both the socialist government of Rajapaska and the conservative government of Sirisena have stated " that discrimination against LGBT people was unconstitutional and that the application of sections 365 and 365A in a manner that was discriminatory against LGBT persons was unconstitutional".
[3] In November 2017, Deputy Solicitor General Nerin Pulle stated that the government would move to decriminalize same-sex sexual activity.