LAW 1270 – LEGAL ENVIRONMENT

FREEDOM OF
RELIGION
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DECLARATION

We, numbering 23878, 23890, 23884, 23882,23886, 23881, 23888, 23877, 23883, 23891,

23885, 23887, 23879, 23880 and 23889, hereby declare that the article we have submitted to

the Faculty of Management Studies & Commerce's Legal Studies Unit is our own, original

work;

Every time the work of another author has been used, it has been appropriately recognized and

done so in accordance with accepted academic standards. We understand that if we are found

to be in breach of the aforementioned, we will be subject to a suitable punishment in accordance

with the University's examination by-laws.

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CONTENTS
1. INTRODUCTION .............................................................................................................................. 3

2. WHAT IS FREEDOM OF RELIGION .............................................................................................. 4

2.1. HISTORY .................................................................................................................................... 4

2.2. UNIVERSAL RECOGNITION ................................................................................................... 5

2.3. HOW IMPLEMENTED IN SRI LANKA ................................................................................... 6

3. LEGAL FRAMEWORK OF FREEDOM OF RELIGION ................................................................ 7

3.1. CONSTITUTION OF SRI LANKA ............................................................................................ 7

3.2. STATUTE CONDITION............................................................................................................. 8

4. THE NEED FOR HAVE FREEDOM OF RELIGION ...................................................................... 9

5. NATIONAL AND CROSS BORDER EXPERIENCE OF FREEDOM OF RELIGION .................. 9

6. CASE LAWS CONCERING FREEDOM OF RELIGION .............................................................. 11

7. THE DISADVANTAGES TO RELIGIOUS INDEPENDENCE .................................................... 13

8. RECOMMENDATIONS .................................................................................................................. 14

9. CONCLUSION ................................................................................................................................. 15
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1. INTRODUCTION

The freedom to change one's faith is guaranteed under

the constitution, along with freedom of speech and

conscience. 4 religions are recognized by the law.

Christianity, Islam, Hinduism, and Buddhism.

Buddhism is given priority among the country's

religious beliefs by the constitution and other

legislation, and the government is obligated to

safeguard it while upholding the rights of religious

minorities.

The state is responsible for protecting and fostering Buddhism, while also granting all religions

the rights granted by Articles 10 and 14.

The constitution guarantees the right to express one's religion or belief in public and private.

Buddhism is given the "foremost place" among the nation's religious traditions, and is mandated

by the government to maintain it. According to a 2003 Supreme Court decision, only Buddhism

is constitutionally entitled to state protection.

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2. WHAT IS FREEDOM OF RELIGION

Religious liberty, often known as freedom of religion, is a concept that upholds a person's or a

group's right to freely exercise, teach, and observe their religion in both public and private.

2.1. HISTORY

“Do unto others as you would have them do unto you” as the golden rule demonstrate the value

of humanity. The Magna Carta in 1215 laid base for human rights introducing a concept of

“Rule of Law”.

Magna Carta Says that,

❖ Even the king in the country should be under the law.

❖ Every person should respect the law.

❖ Every citizen should be given the freedom as equal.

The United Nations was established after World War II to protect peace and prevent crime.

Trials were held between Nuremberg and Tokyo, with Nazi Germany prosecuting Japan on

charges of genocide and war crimes. This organization was formed to ensure no one was

unjustly deprived of life, liberty, food, shelter and nationality, and to prevent crime.
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2.2. UNIVERSAL RECOGNITION

The universal Declaration of Human Rights Article 18 of the United Nation provides

international recognition for the freedom of religion.

This right includes freedom to change his religion or

belief and freedom, either a loner in community with

others and in public or private, to manifest his religion

or belief in teaching, practice and observance. The

UDHR shows us that human rights are interdependent

and universal.

UDHA has two treaties, International Covenant on Economic, Social and cultural Rights and

the international covenant on civil and political rights. The government of Sri Lanka agreed to

the ICCRR in 1980 and is bound by its provisions

❖ Image source
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2.3. HOW IMPLEMENTED IN SRI LANKA

The government and public in Sri Lanka recognize religious freedom, with the ministry of

religious affairs responsible for instilling religious values and advancing ethical society.

Sri Lanka has ratified international treaties that recognize freedom of religion, including the

freedom to accept a religion or belief and express it through worship, observance, practice, and

teaching.

Sri Lanka has a lengthy history of legal safeguards for the protection of religious beliefs, ranging

from penal legislation passed during the British colonial era through the 1978 constitution and

more recent regulatory measures. Articles 9, 10, 12 and 14 c1 (e) of the constitution deal directly

with religion and religious freedom.

No citizen shall be subjected to discrimination on the basis of race, religion, language, national

origin, sex, political opinion, or any other similar ground, according to Article 12(2).

No one "shall be subject to any disability, liability, restriction, or condition with regard to any

place of worship of his own religion" according to Article 12(3).

Non-Buddhist holidays, such as Hindu, Muslim, Prophet Mohammad's Day, and Christian

festivals, are protected by the government as National Holidays.

Most religious groups coexist peacefully with their neighbors.

Sources -:

❖ And introduction to religious pluralism in S.T (Sulochana Peris)

❖ Institute on religion and public policy report

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3. LEGAL FRAMEWORK OF FREEDOM OF

RELIGION

3.1. CONSTITUTION OF SRI LANKA

Sri Lanka is facing a difficult task in balancing

law and religion due to overlapping identities and

deep ethnic cleavages. The majority of Sri

Lankans identify themselves as Buddhists,

Hindus, Muslims and Christians, which correlate

with their ethnic and linguistic identities. The drafters of the Third Republican constitution are

faced with the difficult task of balancing these competing demands.

Sri Lanka's Constitution grants a 'foremost place' to Buddhism, requiring the State to protect

and foster the Buddha Sasana, while also guaranteeing all religions freedom of thought,

conscience and religion. This distinction has the potential to discriminate in a pluralistic society.

Sri Lanka faced a hard-bargaining process with demands ranging from explicit reference to

Buddhism in the constitution to a secular one. It is important to analyze constitutional debates

to identify sources of conflict, fill gaps in the text, reduce amendments and adapt to chases. The

pre-enactment stage of the Buddhism Clause is significant to the practice of Buddhism in Sri

Lanka. The paper proposes incrementalism as the suitable approach to constitutionally regulate

religion in a divided Sri Lankan society due to the current political climate.

Source -:
https://law.nus.edu.sg/wp-content/uploads/2020/04/CALS-WPS-1803.pdf
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3.2. STATUTE CONDITION

Buddhism is given the "foremost place" in the constitution and is subject to government

protection, but proselytizing is not guaranteed by the constitution.

Religious organizations must register with the government to operate schools, sponsor visas,

build new houses of worship, and apply for financial aid. Religious organizations must register

with the government to operate schools, sponsor visas, build new houses of worship, and apply

for financial aid. It is a crime to incite racial or religious hatred, with penalties ranging from

five to twenty years in jail.

The Ministry of Buddhasasana, Religious, and Cultural Affairs introduced a ministerial circular

in 2008 that requires all groups to obtain permission from the ministry to register and build new

places of worship. This was affirmed by the Supreme Court in a 2017 decision, and only

Buddhist religious sites were covered by the 2008 circular. Non-cabinet agencies handle each

religious community's issues.

Propaganda of religious or racial hatred is illegal and punishable by fines and jail sentences.

Religion is a required topic at primary and secondary levels in both public and private schools.

Parents can choose from Buddhism, Islam, Hinduism, or Christianity, as long as there are at

least 15 students in the school. Even if instruction is not offered, students may not choose to

forego religious instruction.

Family law issues are governed either by civil law or the customary law of the ethnic or faith

group. Muslim weddings and divorces are governed by Islamic personal law, while property

rights are governed by civil law. Marriages in the Northern Province are governed by civil law.
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Sinhalese follow Kandyan personal law, which is based on the customs of the Sinhalese

Kandyan kingdom before British colonial rule. Marriages between Sinhalese and Tamils are

governed by civil law, with religious community members claiming regional variations. There

is no national law that governs ritual animal sacrifice.

❖ 2021 Report on International Religious Freedom: Sri Lanka

4. THE NEED FOR HAVE FREEDOM OF

RELIGION
Religious freedom is essential for a diverse

society, protecting everyone's rights,

encouraging respect and tolerance, and

promoting peace and interfaith harmony. It

also enables people to establish their own

opinions and have disagreements, leading to a more informed and rational society.

Religious freedom is essential for a free and open society. It provides people with a shared set

of beliefs, builds social ties, and teaches moral principles. It also improves psychological health

by providing consolation in difficult times and by fostering social engagement with others.

Freedom of religion is necessary for an ethical society, as it can spawn extremism,

authoritarianism, or illiberalism, which can divide society and encourage intolerance.

5. NATIONAL AND CROSS BORDER

EXPERIENCE OF FREEDOM OF RELIGION
In some cases, it can be used to justify harmful practices.
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Example
❖ The right to religious freedom is at odds with human rights such as life, equality, and

non-discrimination, and the chances of collision are high.

❖ The right to freedom of religion excludes those who do not conform to mainstream

religious beliefs.

❖ This creates a situation where people are forced to hide their faith from society or face

social marginalization and exclusion.

❖ The right to freedom of religion is often at odds with other fundamental rights such as

freedom of expression and assembly.

❖ Religious groups restrict members' freedom to express opinions and associate with

others, which can be used to justify practices that harm public health and safety.

❖ Religious beliefs can prevent individuals from receiving medical treatment or

vaccinations in dangerous situations.

Source -:
https://youtube.com/watch?v=eQF67zAOMic&feature=share
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6. CASE LAWS CONCERING FREEDOM OF

RELIGION

1.Sivasubramaniam v. Minister of Defence and Others

(2006)
The court held that the ordinance violated the freedom of religion and belief as guaranteed by

the Constitution of Sri Lanka.

2.Sarath Fonseka v. The Attorney General (2010)

The court ruled that the Ministry of Defence and Urban Development circular was

unconstitutional as it violated the fundamental rights of religious freedom and equality.

3.Nagalingam vs. Divisional Secretary, Kandy (2011)

The court held that the Divisional Secretary of Kandy's decision to remove a Hindu temple was

arbitrary and violated the right to religious freedom.

4.Centre for Policy Alternatives v. Minister of Buddha

Sasana and Others (2016)
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In this case, the petitioners challenged a cabinet decision to draft a bill that would criminalize

hate speech and inciting religious violence. The court held that the proposed bill did not violate

the freedom of speech and expression or religious freedom as enshrined in the Constitution of

Sri Lanka.

5.The Secretary, Ministry of Buddha Sasana and others v.

The Human Rights Commission of Sri Lanka (2018)
The court held that the circular violated the constitutional right to freedom of religion and

equality before the law, despite the religious beliefs of the deceased or their families.

Few more real incidents where the freedom of religion of people has been violated.

1. The LTTE attacked Sri Maha Bodhi Tree, Temple of the Tooth, and Muslim mosques

in the North-Eastern parts of the country.

2. The government's response to the COVID-19 pandemic discriminated against Islamic

faith.

3. Suicide bombers killed at least 250 people and injured 500 at churches on Easter Sunday

2019.

4. Unregistered houses of worship have been closed in Sri Lanka, with 30 churches and

many mosques left unusable.

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7. THE DISADVANTAGES TO RELIGIOUS

INDEPENDENCE
To justify harmful and wrong practices in certain religious ideologies

For example- Some religious beliefs may condone or encourage violence, discrimination or

other harmful acts, thereby limiting the human right to religious freedom, the right to life, and

other basic human rights.

Individuals or groups of individuals who do not adhere to the existing beliefs and beliefs in

certain religious backgrounds may face discrimination and persecution, which may force people

to hide or exclude their beliefs.

This may encourage actions that are not favorable to public health and national security.

For example, during the covid epidemic situation, some people started creating medicines

based on religious ideologies and resorting to the use of traditional medicines such as

perumkayam. There was an idea in people's minds that even if the disease condition was not

cured, the disease conditions would be completely cured.

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8. RECOMMENDATIONS
❖ Do not give priority to any one religion

o Article 9 of the Sri Lankan constitution prioritizes Buddhism as the state

religion, affecting the freedom of religion.

❖ Emergency law should not be used to control religious freedom

o Emergency law should be imposed in a way that does not affect religious

freedom.

▪ EX- Due to the attack by an extremist Muslim group of Easter Sunday,

the exposition of emergency law restricted the religious freedom of all

Muslims

❖ Penalties for behavior that interferes with religious freedom should be expanded

o Further toughening of the penalties for offenses against religious freedom can

reduce offenses.

❖ Giving everyone equal opportunities to practice their religion

o Buddhism, which is the state religion has a prominent place in religious belief in

schools, Government institution, private sectors Etc. Then it is unfair to the

community that believes in other religions. So, in such cases, it is more

appropriate to make laws related to dealing with all religions in a fair way
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9. CONCLUSION
In Sri Lanka, the subject of religious freedom is intricate and multidimensional. Buddhists make

up the bulk of the population in Sri Lanka, with Hindus, Muslims, and Christians following

closely after. Despite the fact that the constitution protects religious liberty and the right to

practice, there have been incidents of discrimination and violence based on religion.

Concerns regarding increasing religious extremism in Sri Lanka, particularly among some

Buddhist organizations, have been raised in recent years. As a result, there have been conflicts

between various religious organizations, and it has become unclear if the government can

uphold religious freedom and defend the rights of minorities.

Overall, there is a strong dedication to religious tolerance and harmony in Sri Lanka, even

though there are obstacles to preserving religious freedom there. Among many Sri Lankans

Going forward, it will be crucial for the government to take action to combat religious

extremism and prejudice while also fostering better mutual respect and understanding amongst

various religious communities.

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GROUP MEMBERS

CPM MC NAME
23877 107820 R D L C Ranwella
23878 108425 G R S H M Gamlath
23879 107947 S A U Angana
23880 107933 R M N S Rathnayaka
23881 107860 K A P D Madushan
23882 108159 T Jayanisha
23883 108203 T H S Sathsarani
23884 108039 J M B G I Priyadarshani
23885 108469 D T Upeksha
23886 107915 W A M V M Abekoon
23887 107840 H M D P Herath
23888 108339 W A D Kaushalya
23889 107607 R M D P Chandrasiri
23890 108462 W S D Fonseka
23891 108457 W M P De Silva
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