Open Letter: Justice Minister Harshana Nanayakkara on attempt to Repeal 365-365A protecting 6.1m Children

OPEN LETTER

27 May 2025

To:

Hon. Harshana Nanayakkara

Minister of Justice, National Integration

Ministry of Justice,

Colombo, Sri Lanka

Subject: Repealing Penal Code Sections 365 and 365A will endanger 6.1 Million Sri Lankan Children — Strengthen the Law, don’t dismantle it.

Dear Hon. Minister Nanayakkara

“No civilized society repeals laws that protect children without first securing stronger ones. To do otherwise is not reform — it is calculated negligence.”

As a Cabinet Minister — and more importantly, as a father — you will understand the grave public concern surrounding the proposed repeal of Sections 365 and 365A of the Penal Code. These provisions are not mere legal texts; they are Sri Lanka’s final legal bulwark against paedophilia, grooming, and sexual abuse of children — acts that are not only unnatural but stand in direct opposition to the moral teachings of Buddhism, Hinduism, Islam, Christianity, and Catholicism.

This move follows a sudden and unvetted recommendation from the Human Rights Commission — made without public consultation, without any proposed child-focused replacement law, and under the guise of “human rights” in favor of a statistically tiny minority — in stark contrast to the State’s moral and constitutional duty to protect and safeguard 6.1 million Sri Lankan children.

Let us be clear:

Those calling for repeal are effectively demanding the following:

• The removal of the legal definition of sexual predators
• The elimination of minimum sentences for crimes against children under 16
• The weakening of laws that cover grooming and non-penetrative abuse
• Lighter punishment for psychological and emotional trauma inflicted on minors
• The decriminalization of adult-minor sexual acts under the pretext of “consent”
• The legalization of conduct deemed “against the order of nature” — which contradicts every major religious and cultural value in Sri Lanka

Are these demands in the best interest of the child, the family, or the country? Absolutely not.

What the Repeal will result in:

• Remove clarity from the law, giving predators legal grey zones to prey on kids
• Encourage lenient sentencing for abusers
• Prevent police and courts from intervening in early stages of grooming
• Leave emotional and psychological trauma unaddressed
• Open doors to paedophile and trafficking networks — turning Sri Lanka into a destination for exploitation

These scenarios are already occurring on a limited scale in Sri Lanka — from online grooming to ideological manipulation of children — by repealing Sections 365 and 365A it would legally enable and normalize them, removing vital protections and giving predators a free pass.

This is not reform. This is Betrayal.

If this repeal was truly about reform, a stronger, child-protective law would have been proposed first. Yet there is no draft, no replacement, no consultation. Only the attempt to dismantle Sri Lanka’s legal shield..

That’s not an oversight. It’s deliberate.

The complete failure to initiate any plan for child protection post-repeal exposes the true motive:

The sheer vigour with which certain individuals and organizations are lobbying for this repeal reveals an alarming truth — they stand with predators, not with the children.

Anyone who reads Sections 365 and 365A will clearly see whose side they are on in demanding its repeal.

Sri Lanka must learn from the West:

Countries that followed this path are now battling:

• Paedophilia disguised as “minor-attracted preference”
• Gender confusion and pornographic content in schools
• Laws that fail victims while empowering predators
• Children pushed into irreversible hormone treatments and surgeries
• Drag shows targeting children, even at schools
• Families broken, faith communities silenced

Do we want this future for our nation?

What about private adult conduct?

Sri Lanka has never criminalized private consensual acts between adults in private. This is not about consensual privacy — it is about children.

No private lifestyle, especially one now aggressively marketed via global campaigns on social media, should be legalized at the cost of child safety, family stability, and national values.

We are witnessing a surge in gender identity confusion and sexualized ideologies targeting youth, marketed as gateways to social acceptance, career success, and self-worth. This is not organic — it is ideological, imported, and dangerous.

Who gains from Repeal?

• Not parents
• Not children
• Not Sri Lankan families

The only beneficiaries are:

• Paedophiles
• Groomers and traffickers
• Foreign-funded activist networks
• Ideological lobbies seeking to erode cultural foundations

What must be done:

We urge you, Hon. Minister:

• Do not repeal Sections 365 and 365A.
• Strengthen child protection laws — especially against online grooming, trafficking, and ideological coercion.
• Publicly disclose the funding and lobbying behind repeal efforts.
• Defend the rights of 6.1 million children, not imported ideologies.

As Justice Minister & as a Father – the responsibility is yours:

At a time when public trust in the government is rapidly eroding due to economic hardship and misgovernance, this reckless move risks uniting every religious community — Buddhist, Hindu, Muslim, and Christian/Catholic — in outrage.

If this repeal goes through, the government will not just be blamed for legalizing child endangerment — it will be held responsible for destroying the innocence and future of 6.1 million children. This is not just political misjudgment; it is moral failure of national proportions. Every religious leader, every parent, will point to this moment and fault your government for choosing ideology & appeasement over protection.

The Ministry of Justice is not just a custodian of the law — it is the guardian of the nation’s moral framework.

Be the shield our children need — not the hand that removes their last defence.

Protect our laws. Protect our children. Protect Sri Lanka’s future.

This letter reflects the growing voice of parents, educators, clergy, doctors, and civil society across Sri Lanka who reject this repeal and demand the protection of our children — not their exposure.

If this repeal becomes law, history will remember who stood for the predator — and who stood for the child.

Sri Lanka is not for sale. Our children are not experiments. Their innocence is not collateral.

Respectfully,

Shenali D Waduge

Concerned Citizen & Mother