In 2016, the Ministry of Health  released a general circular for the  issuance of Gender Recognition Certificates for Transgender Community in Sri Lanka, namely General Circular No. 01-34/2016 [1].  The then Human Rights Commission of Sri Lanka achieved a historic victory by ensuring the release of this circular by the Ministry of Health and following up to ensure execution of the same. In a sea of abandonment by all structures of society, this circular provided the trans community with a small but important legal right to receive state issued documents that affirm their gender. In a context where gender affirming care is acknowledged by experts in the fields of medicine and psychology as well as advocates for fundamental human rights as a basic right, to have received this right is the bare minimum that the community is entitled to. This minimal right has now been challenged in the Supreme Court of Sri Lanka. A fundamental rights application has been filed before the Court by a retired Air Force veteran who seeks to challenge the above circular as unlawful. The Court has issued notices for all respondents, which include former Presidents, and the case is to be heard on 20th July 2026 [2]. This puts the already marginalised community in further danger of enormous physical and emotional hardship as they navigate the realities of social stigma and economic challenges. The rolling back of rights is never a good precedent for any country.

 

The past few years spanning Easter bombs and its repercussions, the pandemic, the economic crisis and the most recent floods have deeply affected many marginalised sections of society. Working class transgender  are one such community. In the absence of support - social, cultural, familial, economic and legal - the community is denied access to education, employment and social safety programs offered by the state. Forsaken by the state, communities and their own families, the community is forced to engage in daily wage labour within the informal sector. Increasing austerity, impacts of climate change and the failure to address  poverty   condemns the community to cycles of  debt and despair. To navigate the realities of poverty while also battling social stigma on a daily basis is excruciating.

 

Gender identity is fundamental to human dignity. Transgender persons in Sri Lanka, especially the working class, and especially those living in poverty, are unable to live with dignity precisely because of social prejudice. A prejudice promoted by moralistic views, a lack of human empathy and motivated by a sense of superiority and also a fear of those who are perceived as different. We implore the State to stop appeasing, aligning and encouraging prejudices especially based on identity. We demand that constitutionally guaranteed equal protection of the law for all persons be extended to all persons regardless of identity. We ask that necessary and important State measures such as gender recognition certificates that empower citizens to live in peace and dignity be protected.

 

References

[1] General Circular No. 01-34/2016 dated 16.06.2016 available at www.previousmoh.health.gov.lk/CMS/cmsmoh1/viewcircular.php?cno=01-34/2016&med=english

[2] SC issues notices to ex-presidents in FR case on gender policy (12th Feb, 2026) Newswire https://www.newswire.lk/2026/02/12/sc-issues-notices-to-ex-presidents-in-fr-case-on-gender-policy/