In a landmark judgement upholding the right to equal treatment, the Supreme Court, by majority decision yesterday, issued an order directing the Commissioner General of the Department of Registration of Persons to issue a National Identity Card (NIC) to a Buddhist Bhikkhuni, recognising her status as a Bhikkhuni instead of “Sil Matha”.
Chief Justice Murdu Fernando and Justice Gamini Amarasekera, in agreement, held that the petitioner’s Fundamental Rights guaranteed under Article 12(1) of the Constitution had been violated by the Commissioner General of the Department of Registration of Persons.
It was alleged that the Commissioner General (the first respondent), without obtaining verification from the proper authority, namely the second petitioner, the Chief Incumbent of the Golden Temple in Dambulla, refused to include the designation “Bhikkhuni” in the petitioner’s NIC.
“It is obvious that if the first petitioner (the Bhikkhuni) had been male, she would not have encountered these difficulties. She has been denied recognition as a Bhikkhuni, despite being acknowledged as such by the Rangiri Dambulu Buddhist Chapter to which she belongs, an order recognised by the Government. Hence, it is clear that her rights under Article 12(1) of the Constitution have been violated by the actions and conduct of the first respondent,” Justice Amarasekera observed.
However, in a separate judgement, Justice Mahinda Samayawardhena dismissed the petition, stating that the Supreme Court should refrain from intervening in ecclesiastical matters that fall within the purview of relevant religious authorities.
This application was filed before the Supreme Court under Articles 17 and 126 of the Constitution, alleging that the failure to issue an NIC to the first petitioner recognising her status as a Bhikkhuni amounted to an infringement, or imminent and continuing infringement, of her right to equal treatment under Article 12(1).
The first petitioner, Ven. Welimada Dhammadinna Bhikkhuni, is a Bhikkhuni who has received higher ordination (Upasampada) from the Rangiri Dambulu Rajamaha Vihara Sangha Sabhawa (the Rangiri Dambulla Chapter of the Siyam Maha Nikaya).
The second petitioner is the Chief Incumbent of the Golden Temple in Dambulla, affiliated with the same Sangha Sabhawa.
The petitioners submitted that since 1998, the Department of Registration of Persons had issued NICs to Bhikkhunis using the title “Bhikkhuni” after their names, thus fully recognising their status without objection. However, the second petitioner later became aware that the Department had intermittently used the title “Sil Matha” instead, without a rational basis for refusing to issue NICs bearing the title “Bhikkhuni”.
Relevant documentation indicated that the Department had previously accepted the designation “Bhikkhuni”. The first petitioner’s claim was based on the violation of her right to equality and equal protection under the law as guaranteed by Article 12(1).
The petitioner also stated that she had a legitimate expectation based on the prior practice of issuing NICs with the designation “Bhikkhuni”.
The petitioners further noted that the Department had informally communicated that NICs with the title “Bhikkhuni” could no longer be issued, and that only NICs bearing the designation “Sil Matha” would be provided. The first petitioner rejected that offer and declined to accept an NIC under that title. They argued that Bhikkhunis face significant hardship due to the refusal to issue NICs with the correct designation of “Bhikkhuni”.
President’s Counsel Navin Marapana, with Nandapala Wickramasooriya, Tharanatha Palliyaguruge, and Uchitha Wickramasinghe, instructed by Eashanie Palliyaguruge, appeared for the petitioners. Deputy Solicitor General Kanishka de Silva Balapatabendi appeared for the respondent.
(dailymirror.lk)
(Except for the headline, this story, originally published by dailymirror.lk has not been edited by SLM staff)
