9. Asgiri Mahanayaka, Malwathu Mahanayaka, Ramanya Maha Nikaya Mahanayaka have
made a written statement to the HRC to quash the application of the Petitioner. They
were of the view that Sri Lanka is a country of the Theravada Tradition and the
reintroduction of the Bhikkuni Sangha is unacceptable. In addition, the state leaders are
bound to protect the Theravada Tradition in view of National interest.
10. Buddhism has been accepted and protected by all leaders as the State Religion of this
country. Therefore, a proper mechanism has to be placed in deciding matters related to
Bhikkuni Sangha.
11. Throughout history it has been observed that women have been ordained and attained the
highest religious state possible.
12. A report of the Presidential Committee of Buddha Sasana of 2002, presented by the
Respondents, includes provisions in respect of SilMathas. However, this report has no
mention of actions to take in respect of Bhikkunis.
13. It was notified to both parties that this matter would be looked into, taking into
consideration the Articles in the 1978 Constitution of Sri Lanka and the Universal
Declaration of Human Rights that provide for the Fundamental Rights of Women and
Religion.
Observations of the HRC
1. According to Article 9 Chapter II of the 1978 Constitution and the Buddhist
Temporalities Ordinance No.19 of 1931, all are equally duty bound to protect and
foster the Buddha Sasana.
2. Furthermore, according to Article 10 of the Constitution, freedom to adopt a religion or
belief of one’s choice has been ensured.
3. Additionally, Articles 12(1) & 12(2) guarantee that all are equal before the law and no
one shall be discriminated against one’s sex.
4. Article 14(e) of the Constitution further mentions that all have the freedom to manifest
his religion or belief in worship, observance, practice or teaching.
5. HRC notes that the Respondents have an obligation to observe these articles of the
Constitution, in taking measures to settle this dispute.
6. Section 14 of the Sri Lankan Women’s Charter has put forth that “the State shall
take appropriate measures to promote social and cultural attitudes with a view to
achieving the elimination of prejudices and customary and all other practices which
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