ESTABLISHING A NEW ERA BEYOND SECTION 365 OF SRI LANKAN PENAL CODE: A COMPARATIVE ANALYSIS ON GENDER IDENTITY AND MARRIAGE EQUALITY FOR TRANSGENDER PEOPLE IN THE LEGAL CONTEXT OF SRI LANKA AND THE UNITED KINGDOM

Abstract

This paper aims to establish marriage equality for transgender people beyond mere equality and non-discrimination in the legal context of Sri Lanka. This study further adopts the qualitative research method to examine the lack of legal gender recognition, constitutional lacuna, and outdated criminal law for affording marriage equality for transgender people in Sri Lanka. Thus, in light of the progressive developments in the jurisdiction of the United Kingdom,this research crucially aims to make suggestions to enhance the domestic legal regime also by recognising the legal rights of transgender persons to marry.Accordingly, the enactment of specific legislation on recognising the gender identity of transgender people and their ‘right to marry and find a family is identified as the viable solution to affirm the equality and recognition of transgender people in Sri Lankan society.