It’s challenging to simplify and explain such matters briefly because, in some contexts, the recognition of human rights and the granting of fundamental rights are achieved through individual advocacy. In such cases, our rights are protected through numerous instances where we act on an individual basis, whether through legal channels or other means.

Today’s topic is a very special one. Specifically, we are discussing civic rights, which in English are called “civil rights,” and in Sinhala can be referred to as “සිවිල් අයිතිය” (civil rights). Today, we are talking about how civil rights affect the transgender and LGBTQ+ community in Sri Lanka. Do these rights exist? What are the challenges and issues they face?

We have previously seen Ishara Sapumal and other individuals from the transgender community participating in various TV programs. However, today’s discussion focuses on the specific aspects of civil rights for the transgender and LGBTQ+ communities. Do they have civil rights in Sri Lanka?

While it might seem that this minority group is small, it is important to note that the visibility of this group is limited to those who are publicly outspoken. In addition, there is a significant presence of professionals from fields like medicine, law, engineering, computing, and business within the transgender community. Although this minority group might seem small when discussed, it is an integral part of society, and referring to it as a “minority” can sometimes obscure its significance.

What are the current civil rights issues facing this community, and what changes are needed in the future? How do legal conditions affect their personal lives? Can you discuss two rights related to this? One from the perspective of a transgender person and the other from a legal expert. With your knowledge and educational background, what are your views on these civil rights in Sri Lanka? Do you feel that civil rights have been achieved, or is there still a lack of civil freedom?

It’s challenging to simplify and explain such matters briefly because, in some contexts, the recognition of human rights and the granting of fundamental rights are achieved through individual advocacy. In such cases, our rights are protected through numerous instances where we act on an individual basis, whether through legal channels or other means. Regardless of the laws in place, the societal attitudes and beliefs significantly impact how these laws are applied. Despite the legal framework, many people face significant social challenges and discrimination. For example, during my university days, I experienced an issue when casting my vote. I went to the polling station, dressed as a male, but when I presented my ID, it was mistakenly assumed to be that of my sister, creating confusion. Such issues are not unique to Sapumal but are common in discussions with this community. We often encounter numerous challenges and gaps in understanding. It is crucial to discuss and address these issues openly through media and other platforms. We have been working on this for years through TV programs, highlighting various aspects of civil rights and the protection and challenges faced by the community. One major issue is how civil rights affect the personal lives of individuals in this community. They often face daily challenges due to not only legal limitations but also societal prejudices. Legal recognition of gender identity is a complex topic. For example, national identity documents and their alignment with an individual’s gender identity can be problematic. Sometimes, individuals face difficulties when their identity documents do not match their gender identity, which can affect their marriage rights and other legal matters.

The national birth registration program was introduced in Kalutara District in December, but its implementation and effectiveness across different regions are still under review. There are ongoing discussions about how to address these issues, including providing temporary identification documents to facilitate voting and other rights.

We have been in discussions with the Electoral Commission and other authorities about how to improve these processes. They have promised to act and provide solutions, such as issuing temporary IDs or implementing mobile registration systems. We are waiting to see how these measures will be executed and whether they will address the community’s needs effectively.

you have overcome many challenges, and since I have discussed these matters with you personally, I would like to ask: How do these challenges affect the education of the transgender or LGBTQ+ community, and how do they impact their civic and citizenship rights?

Some children message me saying, “Sir, I don’t feel like studying. I have a problem; it’s difficult for me to wear a uniform and go to school. It’s uncomfortable for me to wear this outfit and be among girls. I feel embarrassed and don’t want to learn.” In such cases, I try to explain that education is their gateway to a better future. I often say, “Education is your key to advancement.” There’s a saying: ‘The only treasure that can’t be stolen is knowledge.’

For instance, I tell them to wait until they turn 18. Until then, they are considered minors, and their decisions cannot be legally acted upon. We know that those under 18 are considered minors. Once they turn 18, they can make decisions about their gender identity. I advise them to endure until then. The societal pressures and psychological challenges they face are immense, especially if they are trans women, as society often imposes barriers.

A trans woman might face significant challenges but could still excel in various fields. For example, I know a child who, despite being a trans woman, is now working in a major company and can even repair a bike in minutes. This shows that despite the struggles, they can achieve great things.

Additionally, I would like to understand how these issues relate to education. Often, we hear and see stories in the media about various challenges faced by transgender individuals. Specifically, we know that if they miss out on education, especially higher education, it leads to economic issues and racism. The lack of basic education can significantly impact their ability to overcome these challenges. Missing out on education often creates obstacles that are hard to overcome later.

What are the consequences of missing out on education for these individuals? How does it affect their civil rights and their ability to access opportunities in the future?

The right to education is not fundamentally violated by law; however, as mentioned earlier, while there hasn’t been a formal legal breach, there is a significant human issue. For example, if a child has a problem attending a girls’ school, there is no practical way for that child to switch to a different outfit or attend school comfortably. If a child faces difficulties, counseling and support can be provided to help them through their educational journey. There is a proverb that says, the knowledge gained will remain even after thieves and enemies are gone.” As an example, I suggest that if a child is under 18, they should wait until they reach adulthood before making irreversible decisions about their gender identity. Until then, it is essential to support and guide them through their education and personal challenges.

Regarding advanced education, some students face significant challenges when choosing hostels or dealing with the requirements of their gender identity. They may encounter rejection or difficulties if they are required to live in conditions not aligned with their identity. Therefore, it is necessary to discuss and address these foundational issues within the educational and healthcare systems to ensure that transgender individuals have access to suitable facilities and support.

The issue of religion is also broad. In Sri Lanka, individuals have the freedom to follow any religion or belief. However, when it comes to civil rights, especially for transgender individuals, there can be challenges. Some religious groups may not accept or accommodate transgender individuals, leading to difficulties in marriage or other religious practices. It raises the question of whether one is defined by their religion or their humanity. In addressing these issues, it is essential to consider that individuals should not be confined by societal or institutional limitations. The challenge lies in ensuring that civil rights and access to necessary services, such as healthcare, are upheld. Transgender individuals may face obstacles in accessing hormone treatments and other medical needs, particularly during crises like the COVID-19 pandemic. What is your idea about this ?

It is crucial to ensure that all individuals, including those in the LGBTQ+ community, can access the necessary services and support. This involves a comprehensive understanding of their needs and the implementation of inclusive policies.

As a Buddhist, I believe in the teachings of compassion and understanding. Everyone deserves respect and equal rights, regardless of their identity. Addressing these issues requires empathy and an approach that fosters inclusivity and support.

How special is it that what we know is that in Sri Lanka, the healthcare sector provides free services to any citizen. However, now, considering whether this is the case for the LGBTQ+ community and other groups within Sri Lanka, is there real freedom under the citizenship rights? Specifically, for transgender individuals, during the transition period and later, there are hormone needs. In some countries, many people faced significant difficulties during the COVID-19 pandemic.

In Sri Lanka, how accessible is it to obtain the necessary medications or hormone treatments for transgender individuals? How well do these civic rights apply in providing such medical services?

I am going to America with this civil rights issue for a short time. In America, there used to be no rights for black people. Rights refer to a seat reserved to be occupied by others. For example, in buses, seats were reserved for white people, and Rosa Parks was asked to give up her seat for a white person. She refused to do so. This was in the 1950s. She refused to get up. When she didn’t comply, there was opposition, and then many black people gathered and protested against the bus system. This bus boycott lasted for 381 days.

In Sri Lanka, there is no freedom to go to hospitals; there is freedom. When we go to a hospital in Sri Lanka and sit in the front seats, we are told that we need to move to the back. This is often due to postal services and the specialization of doctors. The specialized doctors here are not like those abroad; we don’t have such doctors in Sri Lanka. The medical professors are the ones doing this. The issue of discrimination is connected to the examination of one’s condition, which is an embarrassment and criticism that leads to shame. However, the people themselves are not important to us. The most important thing is to get help for people who have cancer.

I called the Ragama Hospital and asked about solutions for the numerous questions and children there. I tried to contact the doctors using their personal phone numbers. The Supreme Court lists many people awaiting surgeries. We don’t have a full day for surgeries; we only have two days a month available for surgeries. They tell me they can’t give a date at least in the near future, and they can’t perform surgeries for children who don’t have money. The response I received was simple: people live, and rights are only demanded for survival.

I have never seen such conditions in places like garbage dumps. Hence, people live alone, and for those individuals, the conditions are difficult. Even after becoming a trans person, they are not provided with the necessary services or allowed to change clothes. The issue with the court documents, which I have obtained, is that there is no confirmation that their condition is properly handled. I brought a small court case that was a significant achievement in my professional life.

This complaint was about a child who had become a trans person and about the right to marry. The question was whether there is a right to marriage. We received an indirect answer to this question. People are asking if it’s important to find out whether someone’s gender has been altered in a specific way. This information might be crucial for someone hoping to have children, but not for those without such hopes.

Your court decision is a part of this case. Since this case is ongoing and has not been resolved yet, we cannot provide a clear answer. This case is public and accessible, and it is important to address it without revealing personal identities.

The case involves a complaint about a trans person’s spouse, who was legally married after completing all the required processes. My daughter, who is now a trans person, is still struggling with emotional blackmail from her parents. They are asking her to change her name and status, and she is not allowed to respond or make any changes.

The courts are working on this issue, and they are considering whether to make the process transparent. This involves investigating how the gender change has been legally handled and whether it conforms to the relevant legal standards.

Different professionals in society face various challenges regarding their civil rights. We hope to bring a series of programs about these issues to you. We believe it is our responsibility, as part of our social media and TV platforms, to address these matters and to take action on behalf of the public. Our commitment to this cause involves dedicating our time and creating programs to highlight these issues.so what do you think about this ?

Currently, there is a significant debate in Parliament about a bill on gender equality. The bill’s relevance and importance, especially in moments when civil rights are challenged, is a key topic of discussion. The Gender Equality Bill addresses issues related to people with different gender identities. The Supreme Court has considered whether this bill will change the constitution and allow us to provide consent for it. The Parliament has been reviewing public opinion on this matter, and there has been a petition and various arguments presented. Some of these arguments include technical flaws and legal issues that have caused some instances of public outcry.

The current situation is quite critical. Many children and individuals are facing severe hardships, and it is vital to address these issues effectively. There is a need to raise awareness among family health officers and parents about the importance of accepting children regardless of their gender identity. Ignoring these issues leads to various problems, and it is essential for any group or individual to speak out through media statements to address and resolve these challenges.

The ongoing societal issues are creating significant obstacles for the rights and services available to people. These include access to healthcare and the ability to live with dignity. We seek to ensure that everyone, regardless of their background, has access to the necessary support and services without facing discrimination.

It is crucial to understand that rights are not just about existing but about living a quality and meaningful life. As per the updated 2023 regulations, there are legal provisions for recognizing parenthood and ensuring rights for those creating families through artificial methods. In the U.S., same-sex marriage has been legalized, reflecting a progressive legal stance that we need to consider.

We should reflect on why we are not advancing in this regard and why we fail to support fundamental human rights. We strive for a more humanitarian approach, free from hatred and discrimination, and honor everyone who stands for these values. Ultimately, I believe that understanding and embracing human rights and compassionate living will lead to a more inclusive society. Thank you for the opportunity to contribute to this cause and for striving to build a society that values and respects everyone equally.