SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

As is evident in some of its provisions the Vagrants Ordinance gives immense latitude to law
enforcers in hauling up persons for any public conduct, which could be considered
disagreeable by them. It imposes a five rupees punishment on a first-time offender behaving
in a ‘disorderly manner’ in a public street or highway 831 and specifies that ‘a common
prostitute wandering in a public street or highway, or in any place of public resort, and
behaving in a riotous or indecent manner’ would be deemed to be such a person. 832 It further
goes on to punish acts of solicitation 833 for the purposes of ‘illicit sexual intercourse’. It also
punishes any person indulging in ‘gross indecency’ or found uninvited in a private enclosure
where it is reasonable to infer that the person is there for ‘immoral purposes’. 834 For female
offenders under this law the court is given discretion to imprison them in a house under the
Houses of Detention Ordinance instead of a regular prison. 835 The law also defines and
punishes an ‘incorrigible rogue’ and deems those who knowingly live ‘wholly or in part on
the earnings of prostitution’ 836 or ‘systematically procure persons for the purpose of illicit or
unnatural intercourse’ as such. 837 Male ‘rogues’ may be whipped if deemed necessary by the
court. 838 Under Section 11 any person having the custody or care of a girl 839 is punishable if
s/he causes or encourages the seduction or prostitution or unlawful carnal knowledge of the
girl (i.e. ‘if he has knowingly allowed the girl to associate with, or to enter or continue in the
employment of, any prostitute or person of known immoral character’). However, the section
also states that a person shall not be liable to conviction under this section who as parent or
guardian has given consent to a girl living with any man as his wife. 840 The law does,
however impose burdens on parents or guardians who are aware that a girl is exposed to or
living as a prostitute. 841 Further, the law provides that a magistrate may require the parents or
guardian of a girl who is, with the knowledge of her parent or guardian exposed to the risk of
seduction, prostitution or of being unlawfully carnally known, or is living a life of
prostitution, to execute a bond and provide surety for the exercise of due care and supervision
in respect of the girl. 842 Again, no person is liable to execute a bond under this provision who
831 Section 2, The Vagrants Ordinance, 1842 (Sri Lanka)
832 Section 3, ibid.
833 Section 7, ibid.
834 Ibid.
835 Section 8, ibid.
836 Section 9, ibid. As per this provision a male person is deemed to be knowingly living on the earnings of
prostitution if he is proved to live with, or to be habitually in the company of, a prostitute. A person, whether
male or female, who is proved to have exercised control, direction, or influence over the movements of a
prostitute in such a manner as to show that s/he is aiding, abetting, or compelling the prostitution of such person,
shall, unless shown otherwise, is also deemed as such.
837 For some of these offences, Section 10 provides that if the offender is a male between 12 and 21 years of age,
the Magistrate is given the discretion to require him to give a bond or surety of good conduct and release the
person. In case of males below 16 years of age discretion is given to commit such a person to an approved
school under the Children and Young Persons Ordinance.
838 Section 9, The Vagrants Ordinance, 1842 (Sri Lanka).
839 A “girl” is defined as a girl under the age of 16 years under Section 25 of the The Vagrants Ordinance, 1842
(Sri Lanka).
840 Section 11, The Vagrants Ordinance, 1842 (Sri Lanka)
841 Section 12 provides that a magistrate may require the parents or guardian of a girl who is, with the
knowledge of her parent or guardian exposed to the risk of seduction, prostitution or of being unlawfully
carnally known, or is living a life of prostitution, to execute a bond and provide surety for the exercise of due
care and supervision in respect of the girl. Like Section 11, no person is liable to execute a bond under this
provision who as parent or guardian has given his consent to a girl living with any man as his wife.
842 Section 12, The Vagrants Ordinance, 1842 (Sri Lanka)
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