Article 291A and 291B of the Penal Code of Sri Lanka restricts expressions made with the deliberate intent of hurting religious sentiments of a person. It carries a penalty of up to 2 years of imprisonment. Furthermore, the ICCPR Act and the Prevention of Terrorism Act has been used by the authorities to protect religion from criticism and insults.[1]
Article 291A and 291B
editWhoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person, or makes any gesture in the sight of that person, or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
— Penal Code of Sri Lanka, Article 291A
Whoever, with the deliberate and malicious intention of outraging the religious feelings of any class of persons, by words, either spoken or written, or by visible representations, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
— Penal Code of Sri Lanka, Article 291B
ICCPR Act
editSri Lanka acceded to the International Covenant on Civil and Political Rights (ICCPR) on June 11, 1980. In 2007, the ICCPR Act was implemented to uphold the civil and political rights enshrined within the covenant. Sri Lankan authorities have been accused of abusing the Section 3 (1) of the ICCPR act to arrest individuals who have made allegedly defamatory statements about religion.[2]
No person shall propagate war or advocate national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.
— International Covenant on Civil and Political Rights (ICCPR) Act, No. 56 of 2007, Section 3 (1)
Notable cases
editNaomi Coleman
editOn April of 2014, Naomi Coleman, a British tourist, got arrested by the Sri Lankan Police for having a tattoo of Buddha on her arm.[3][4] She was detained for four days, before being deported to the United Kingdom on April 24, 2014. Coleman sued the Sri Lankan authorities seeking 10 million rupees in compensation. On November 15, 2017, the Supreme Court of Sri Lanka concluded that Coleman's arrest and deportation was unlawful, and ordered her to be compensated by 800,000 rupees. The court further stated that Coleman had been subjected to "horrifying and scandalous treatment" by the police and prison officers.[5]
Shakthika Sathkumara
editOn April 1, 2019, writer Shakthika Sathkumara was arrested by the Sri Lankan Police under allegations of defaming Buddhism in a short story he published on Facebook.[6] The story contained references to child sexual abuse and homosexuality within Buddhist clergy.[7] He was charged under the Section 3 of the ICCPR Act and Article 291B of the Penal Code, and was held in pre-trial detention for 127 days.[8] Sathkumara was released under strict bail conditions on August 8, 2019, and the charges were ultimately dropped without an indictment on February 9, 2021.[9] The arrest and detention was criticized by the human rights groups Amnesty International[10] and Freedom Now,[11] as well as the writers' association PEN International.[12]
Nathasha Edirisooriya
editStandup comedian Nathasha Edirisooriya was arrested by the Criminal Investigation Department of Sri Lankan Police on May 28, 2023, for allegedly making derogatory remarks on the Buddha during her show held on April 1, 2023.[13] She was held in detention for more than a month, and on July 5, 2023, Colombo Fort magistrate ordered her to be further remanded until 12th of July.[14] However, following a petition filed on behalf of Edirisooriya, the Colombo High Court Judge Aditya Patabandige overruled the magistrate decision and ordered her to be released on a bail of Rs.100,000.[15] Judge Patabandige concluded that the statements made by Edirisooriya did not constitute hate speech under the ICCPR Act.[16][17][18][19]
Indika Thotawaththa
editAstrologer Indika Thotawaththa was arrested by the Computer Crimes Division of Sri Lankan Police on October 6, 2023 for allegedly making defamatory statements damaging ethnic and religious harmony.[20] He was released on October 20, 2023 under strict bail conditions.[21]
Jerome Fernando
editJerome Fernando, a Christian pastor, was arrested on December 1, 2023 by the Criminal Investigation Department of the Sri Lankan Police.[22] Fernando held a Sunday sermon on April 30, 2023, during which he allegedly insulted Buddhism, Hinduism and Islam.[23] He was released on bail in January 2024, with restrictions on his travel and public statements regarding religion.[24]
References
edit- ^ Udin, Zack (October 2021). Religious Freedom Conditions in Sri Lanka (PDF) (Report). p. 2.
- ^ Gunatilleke, Gehan (February 7, 2023). "How a human rights law became a tool of repression in Sri Lanka". Himal Southasian. Retrieved November 5, 2023.
- ^ "Sri Lanka to deport British tourist over Buddha tattoo". The Guardian. April 22, 2014. Retrieved December 23, 2023.
- ^ Neuman, Scott (April 22, 2014). "Tattoo Of Buddha Gets British Tourist Thrown Out Of Sri Lanka". NPR. Retrieved December 23, 2023.
- ^ "Buddha tattoo woman Naomi Coleman wins compensation". BBC. November 15, 2017. Retrieved December 23, 2023.
- ^ "Arrest of writer Sathkumara sparks debate on freedom of expression". Daily Mirror. April 12, 2019. Retrieved November 5, 2023.
- ^ "Drop All Charges Against Shakthika Sathkumara". Amnesty International. August 24, 2020. Retrieved November 5, 2023.
- ^ "Author Sathkumara bailed after 127 days in jail". Daily News. August 6, 2019.
- ^ "Shakthika Sathkumara discharged days ahead of UNHRC sessions". EconomyNext. February 9, 2021. Retrieved November 5, 2023.
- ^ "Jailed writer Shakthika Sathkumara is a prisoner of conscience; Amnesty". Sunday Times. July 30, 2019. Retrieved August 5, 2023.
- ^ "Sri Lanka: Freedom Now Files Petition with UN on behalf of Author Shakthika Sathkumara". Sri Lanka Brief. December 10, 2019. Retrieved August 5, 2023.
- ^ "Sri Lanka: Release award-winning writer Shakthika Sathkumara". PEN International. June 20, 2019. Retrieved August 5, 2023.
- ^ "Stand-up comedy show : Natasha Edirisooriya arrested". NewsWire. May 28, 2023. Retrieved November 15, 2023.
- ^ Rupasinghe, Wasantha (July 13, 2023). "Arrested Sri Lanka comedian Natasha Edirisooriya granted bail". World Socialist Web Site. Retrieved November 15, 2023.
- ^ Parakrama, Isuru (July 5, 2023). "Nathasha Edirisooriya Granted Bail in A Historic High Court Ruling". Lanka News Web. Retrieved November 15, 2023.
- ^ Edirisooriya Arachchige Jayani Nathasha Edirisooriya v Officer in Charge of Internet Surveillance and Intelligence Unit (HCEBA/1335/2023).
- ^ Wickramasinghe, Rajini (July 20, 2023). "Sri Lankan High Court Delivers a Landmark Order as a Bulwark for Freedom of Expression". Oxford Human Rights Hub. Retrieved November 15, 2023.
- ^ Nanayakkara, Hansi (July 8, 2023). "Natasha Edirisooriya can't be charged under ICCPR Act, Penal Code". Ceylon Today. Retrieved November 15, 2023.
- ^ "Natasha Edirisooriya Vs ICCPR Act ;The land mark High Court judgement in full". July 7, 2023. Retrieved November 15, 2023.
- ^ "Indika Thotawatte arrested". Daily Mirror. October 6, 2023. Retrieved November 15, 2023.
- ^ "Astrologer Indika Totawawatte released on bail after he tendered his apologies". Colombo Times. October 20, 2023.
- ^ Balasuriya, Darshana (December 1, 2023). "Pastor Jerome arrested". Daily Mirror. Retrieved December 23, 2023.
- ^ Sooriyagoda, Lakmal (December 13, 2023). "Pastor Jerome Fernando further remanded". Daily Mirror. Retrieved December 23, 2023.
- ^ "SC calls for progress report on probe into Pastor Jerome Fernando". Adaderana.