Supreme Court Upholds Rights Of Muslim School Girl – Sri Lanka

The Supreme Court took a firm stand in upholding the rights of Muslims yesterday February 19, 2013. In SC (F/R) No: 688/2012 the Petitioner a twelve year old Muslim girl complained that her Fundamental Rights were violated when the Principal of the school she was attending at the time in Yatiyantota refused to allow her to attend school in the traditional attire for Muslim girls which was a white frock, white trouser and shawl.

The Principal of the School refused to allow the Petitioner Fathima Sabira Shiam from attending Yatiyantota Siriwardena Maha Vidyalaya attired in the traditional attire for Muslim girls on the basis that it conflicted with the Buddhist ‘identity’ of the School.

Counsel Hejaaz Hizbullah appeared for the Petitioner and argued that Muslim children were permitted to attend school in a white frock, white trouser and shawl by virtue of a Ministry of Education Circular issued as long ago as December 12, 1980. The School Principal was represented by Additional Solicitor General Bimba Jayasinghe Tillekeratne, President’s Counsel and State Counsel Dr Avanti Perera. The Counsel for the Respondent informed court that they have taken serious view of the allegations made against the school Principal who has been severely warned and that he undertakes to refrain from acting in any in manner in violation of the Fundamental Rights guaranteed under Article 12(2) and 14(1)(e) of the Constitution of the Democratic Socialist Republic of Sri Lanka. Under Article 12(2) all citizens are entitled to not to be discriminated on the grounds of religion and under Article 14(1)(e) they are guaranteed the freedom to manifest their religion either in public or in private.

The Court directed the State Counsel to take steps to give adequate publicity to the Ministry of Education Circular dated December 12, 1980 which permitted Muslim children to attend school dressed in their traditional attire and to direct the ASP Police – Avissawella to record the statement of the Petitioner’s father with regard to concerns with regard to the child’s and his personal safety. The State Counsel also informed court that the Petitioner is free to join her former school if she wishes to do so. The Court also noted that if the 1st Respondent – the school Principal is found acting in contravention of this undertaking he will be dealt with severely for violating the law of the country.

The Supreme Court bench comprised of Justices Shiranee Tillekewardena, S.I. Imam and Eva Wanasundera PC.