by Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development
(Part IV of this article appeared in The Island of 14 June 2023)
Dolawatta’s counsel Sanjeewa Jayawardane’s argument: ‘‘SC cannot impose upon a law a moral standard or moral point of view or social morality, with regard to a Bill that offends no provision of the Constitution. Even if the Court was of the view that repealing S. 365A would encourage persons of whatever sexual orientation to behave in an indecent manner in public and whether such conduct is, in the view of the Court, is morally repugnant and against the social and cultural ethic of this country, that would not be a matter for this Court but one that is entirely left at the door step of the Legislature. ’’ – P. 19
‘‘The real issue before this Court in connection with this Bill is: Whether there…
