Sri Lanka

Last updated on: 3 May 2012

Criminalisation of HIV transmission/exposure

Sri Lanka
Whether Specific law enacted: 
No
Number of people prosecuted: 
0
Number of people convicted: 
0
Applicable law: 

Penal Code, Ordinance No. 2, 1883

Key wording in the law: 

Negligent act, Malignant act

Discussion: 

Penal Code 1883 (s 269) Negligent Act likely to spread infection of disease dangerous to life-



Section 269 stipulates that a person who unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the ifection of any disease dangeorus to life, shall be punished with imprisonment of a term up to six months and /or fine.



Penal Code 1883 (s 270) Malignant act likely to spread infection of disease dangerous to life-



Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be liable to a imprisonment of a term up to two years and/or fine.

To our knowledge, there have been no prosecutions or convictions for the transmission of HIV occuring under this law so the application of the law to alleged HIV transmission is , at present, merely theoretical.

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

There are no specific entry or residency regulations for people with HIV/AIDS. On entry, no questions are asked about HIV testing or status. Test results do not need to be presented. An HIV infection is not considered an issue at entry, and not grounds for deportation.

If a foreigner is diagnosed with HIV in Sri Lanka, he will be referred to the HIV Division at the National Hospital in Colombo for care. Antiretroviral medication can be imported for personal use. All relevant regulations are based on the Immigration Law no 20 from 1948 with its addendums. .

The U.S. Department of State is unaware of any HIV/AIDS entry restrictions for visitors to or foreign residents of Sri Lanka; however, Sri Lankan law does allow immigration officials to refer visitors and foreign residents to a physician for examination if a public health risk is suspected. In practice this is a rare occurrence, but travelers should be aware that Sri Lankan law allows for the denial of entry to any foreigner who, upon referral from an immigration officer, is certified by a physician as posing a public health risk. Travelers who refuse a medical examination under these circumstances may be refused entry.

Please verify this information with the Embassy of Sri Lanka before traveling.

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Not Legal

Punishments for male to male relationships: Imprisonment of less than 10 years

Female to Female Relationships: Not Legal

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org

Laws relating to injecting drug use: 

Yes

Protective laws and policies for people living with HIV: 

Yes