A legal controversy has emerged following the sentencing of a Thai tourist in Arugam Bay, after a journalist questioned how a Sri Lankan court interpreted gender in a topless incident involving a foreign national.
The 26-year-old Thai tourist was handed a suspended five-year prison sentence by the Pottuvil Magistrate’s Court after pleading guilty to charges of indecent behaviour and causing public disturbance.
The foreigner, identified as a female, was arrested earlier this week after images circulated on social media showing the tourist walking topless near a hotel in the popular beach town.
However, a new twist has surfaced. A copy of the Thai national’s passport, shared online, lists the sex as “M” (male) and includes the title “Mr.”, despite the individual’s appearance and presentation as female.
Journalist Ranga Srilal pointed out the legal ambiguity in a tweet, saying:
“Pottuvil Magistrate A.L.M. Hilmy may have set a legal precedent by finding a Thai tourist guilty of ‘indecent exposure’ for not covering his chest — not an offence for men in Sri Lanka which does not recognise a 3rd gender. So how did Hilmy decide when the passport says ‘male’?”
Sri Lankan law does not currently recognise gender identities beyond the male-female binary, nor does it criminalise shirtless behaviour by men in public. The court’s decision has therefore raised concerns over how gender is interpreted in legal proceedings involving foreign nationals, especially transgender individuals.
The Sri Lanka Police earlier said that the incident stemmed from a personal dispute between the individual and a partner, which escalated in public.
The tourist was charged with two offences: indecent behaviour and public disturbance. The Thai national received two-week and one-month sentences respectively, suspended for five years. (Newswire)