HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2019
existing in the area for decades. As a temporary measure the education
authorities of the complainants had been transferred to a different school.
In response, the Principle of the school states that this school was
established in 1923 by a Hindu philanthropist and was administered
according to Hindu practices and cultural observances, while also
including those of other religious denominations even after being taken
over by the government. It was the contention of the respondents that
they have been maintaining Hindu culture for more than 95 years and
that there is an unwritten dress code that women teachers should wear
"saree". It was also pointed out that although teachers of all religious
denominations have worn saree in past they have never forced any
teacher to follow Hindu practices. They state that teachers are allowed to
wear saree in a way in which they can express their individual religious
or ethnic identities. It was also contended that the said teachers had worn
saree before and that the ‘Abaya’ itself was a novel introduction to Sri
Lanka.
The Commission found the violation of articles 10, 12 (1), 12(2) and 14
(e) of the Constitution in respect of the complainants. It held that
regardless of the history of the school, it is currently a national school that
receives funds from the state and is hence bound by all state rules and
regulations, and most importantly the Constitution. Therefore, the
respondents were directed to allow the complainants to wear the dress
of their choice and to raise awareness of the need for respect for diversity
and pluralism in a multi-ethnic and multi-religious country such as Sri
Lanka. Further, the Commission also concluded that the transfer of the
complainants to a provincial school from a national school was in
contravention of the National Transfer Policy and that the said transfers
were not made on any recognizable grounds in the Establishment Code
but was done capriciously, arbitrarily, and in a non-transparent manner.
Most importantly, the Commission pointed out the importance of
ensuring social media is not used in manner that leads to communal
disharmony and, that expressions of hate and violence targeting a specific
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