Why Helping the Sex Trade is a Crime in Sri Lanka

When we talk about the law and sex work in Sri Lanka, things can get a bit confusing. You might hear people say that being a sex worker is not actually a crime, but you also hear about police making arrests all the time. To understand what is really going on, we have to look at a specific word used by lawyers: procuration.

In simple, everyday language, procuration means the act of recruiting, persuading, or helping someone else to enter the sex trade.

In Sri Lanka, the law takes a very firm stand against these "middlemen." While the person selling sex in private might not be breaking a specific law, the person who finds them a client, manages their schedule, or runs the building where they work is seen as a criminal. This article explains why the government views this as such a serious issue and how the laws have changed in recent years to deal with it.

The Main Rule: Penal Code Section 360A

The most important law regarding this topic is found in the Penal Code, specifically in Section 360A. This section was updated significantly in 1995 to make sure it covered everyone. Before that update, the law mostly talked about "women and girls." Now, the law is gender neutral.

This means it is a crime to recruit or help any person, whether they are a man, a woman, or a child, to become a prostitute.

The law describes several different ways that a person can be guilty of this crime. It is not just about forcing someone into the trade. It also covers:

• Trying to get someone to start working as a prostitute.
• Persuading someone to leave the country so they can have sex for money elsewhere.
• Bringing a person into Sri Lanka for the purpose of the sex trade.
• Helping or encouraging someone to leave their home to join a brothel.
• Holding someone against their will in a place where they are forced to have sex.

The punishment for these acts is very strict. If a person is caught doing any of these things, the law says they must go to prison for at least two years. The sentence can go as high as ten years, and they might have to pay a large fine as well.

Why the Law Targets the "Middleman"

You might wonder why the law focuses so much on the recruiters and managers rather than the individual workers. The reason is that the government views the sex industry as a predatory business.

The people at the top, like those who run brothels or find clients for others, are seen as exploiters. They are making money from someone else's body.

In Sri Lanka, the law says that even if an adult chooses to work in the sex trade, the person who helped them get there is still a criminal. The legal term for this is that consent is irrelevant.

The state believes that most people would not choose this path if they had better options or if they were not being manipulated. By making the helping part a crime, the government hopes to make it much harder for organized groups to profit from the trade.

The Brothels Ordinance: Managing the Space

While the Penal Code deals with the act of recruiting, a very old law called the Brothels Ordinance deals with the places where sex work happens. This law was written in 1889, but it is still used today.

It makes it a crime to manage a brothel or to help run one. This law also puts pressure on people who own buildings.

If a landlord or a property owner knows that their house or apartment is being used as a brothel and they do nothing about it, they can be arrested too.

Interestingly, the courts have decided that a single person living in their own room and selling sex is usually not a brothel. A brothel is typically seen as a place where multiple people are working or where clients go repeatedly to find different partners.

Again, this shows that the law is trying to stop the business of sex work rather than what a single person does in private.

The Oldest Rule: The Vagrants Ordinance

There is a third law that is often mentioned in these cases: the Vagrants Ordinance of 1841. This is a very old law from the time when Britain ruled Sri Lanka.

Section 7 of this law says it is a crime to solicit or ask people for sex in a public place. This is the law that police use most often to make arrests on the street.

Many people believe this law is outdated and unfair. Because it uses words like "wandering" or "behaving in a riotous manner," it gives the police a lot of power to arrest people who might just be hanging out or who look suspicious.

Protecting Children from Exploitation

The laws are much tougher when children are involved. In Sri Lanka, anyone under the age of 18 is considered a child in these cases.

Section 360B of the Penal Code focuses entirely on the sexual exploitation of children. If someone is caught helping a child enter the sex trade or using a child for sexual activities, the punishment is extremely severe.

The prison sentence ranges from a minimum of five years to a maximum of twenty years. Advertising or using technology to exploit children is also a serious crime.

Courts now allow video-recorded statements from children so they do not always have to face their abuser in court. This is part of a broader effort to protect vulnerable children.

The Social and Ethical Reasons

Sri Lanka’s approach to these laws is influenced by cultural and religious values. Buddhist teachings often emphasize how poverty can lead to crime and exploitation.

There is also a strong belief in protecting public decency and the family unit. Many people feel that an open sex industry would harm social values and cultural identity.

Poverty and the Survival Problem

Sri Lanka’s economic crisis in 2022 made life very difficult for many people. Rising prices and unemployment pushed some individuals into the sex trade simply to survive.

Studies show that a large percentage of people entered the trade because of debt or lack of other income options. This makes enforcement of the law more complex, as many individuals involved are victims of economic hardship.

Modern Changes: 2024 and 2025

In July 2024, Sri Lanka passed the Women’s Empowerment Act, which aims to protect women from harassment and discrimination and establishes a commission on women’s rights.

In 2025, the Proceeds of Crime Act gave the government power to seize money and property earned through illegal activities, including running brothels or recruiting people for sex work.

There is also ongoing pressure to repeal or reform the Vagrants Ordinance due to its discriminatory use, particularly against transgender individuals.

Human Rights and the Future

Although these laws aim to protect people, enforcement sometimes causes harm. Transgender women are often unfairly targeted, and fear of arrest prevents sex workers from seeking police help when they are victims of violence.

Looking ahead, Sri Lanka appears to be moving toward a more balanced approach that targets exploitation while respecting human dignity.

Conclusion

Procuration is a crime in Sri Lanka because it represents organized exploitation. By targeting middlemen, the law seeks to protect vulnerable people, uphold social values, and prevent human beings from being treated as commodities.

As legal reforms continue in 2024, 2025, and beyond, the focus remains on dignity, child protection, and removing profits earned through exploitation.