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 74

Select target paragraph3