Delivering on our commitment to ensuring access to justice for vulnerable groups, iProbono secured a victory for the transgender community in the Magistrates’ Court of Mount Lavinia in Sri Lanka. Through the efforts of our legal team, the court dismissed a frivolous case against two transgender women who were subjected to transphobic behaviour.
The Incident
In February 2024, our clients Priya* and Supuni* accidentally opened the door to an unlocked women’s changing room, discovering it was occupied by a foreign national. Priya immediately apologised, but the situation quickly escalated. The occupant, along with a friend, berated Priya and Supuni, making transphobic remarks. The verbal assault turned physical, targeting Priya and Supuni for their gender identity. Determined to seek justice, Priya filed a complaint at the relevant police station, detailing the assault and humiliation they endured. However, instead of conducting an impartial investigation, the police acted on the complaint filed by the foreign nationals later that day, naming Priya and Supuni as the accused in an assault case. This meant that despite having endured the assault, our clients were formally charged with a crime.
The Legal Process
Throughout the proceedings, Priya and Supuni were committed to the process. Following the Magistrate’s direction for all the parties to attend mediation, our clients attended all three sessions. However, the complainant was absent throughout.
Moreover, when the trial commenced, the complainant failed to appear in court, undermining their credibility.
One of iProbono’s legal representative’s appeared in Court on behalf of the accused. Our Program Officer and Attorney-at-Law, Ashvina Sinnetamby made a compelling application for their discharge under Section 186 of the Code of Criminal Procedure Act No. 15 of 1979, highlighting the negligence of the police in failing to investigate Priya’s initial complaint. Sinnetamby argued that by charging Priya and Supuni with a crime, the case was an abuse of the judicial process, motivated by transphobia.
After considering the evidence and arguments, the Magistrate allowed the discharge of the accused.
A Call for Change
Reflecting on their journey, Priya and Supuni expressed the impact our support had on their experience. “During one of the most challenging times in our lives, when we were overwhelmed with mental distress and the impact of this incident disrupted our daily routines, the intervention of iProbono brought us much-needed relief. Their unwavering support allowed us to regain a sense of normalcy and rebuild our lives… They consistently presented our innocence before the Honorable Magistrate, gathered case-related information during personal meetings with us, and ensured the successful conclusion of the case.”
The outcome of this case emphasises the need for fair treatment and equal justice for all, regardless of their gender identity. It also exposes systemic flaws in addressing complaints involving marginalised communities, underscoring the importance of impartial investigations and due process.
*Names changed to protect identity.
