The Human Rights Commission of Sri Lanka (HRCSL) has recommended the immediate release of two Tamil-language books detained by Sri Lanka Customs, ruling that their continued seizure violates the author’s fundamental rights and amounts to disproportionate censorship.
In a recommendation issued in Case No. HRC/KIL/031/26, the Commission found that Sri Lanka Customs had failed to justify the continued detention of 222 copies of two books authored by Tamil writer B. Piratheepan, and ordered that all remaining copies be released without delay.
The case arose after Sri Lanka Customs seized four books imported from Chennai, India, on 27 March 2026. Following an expert review by the Sri Lanka Arts Council and the State Literary Sub-Panel, two of the publications, Bayangaravaathi and Cyanide, were released after they were classified as works of fiction. However, Customs continued to detain 75 copies of Ippothum Inge Irandu Thesangalthaan and 147 copies of Elluttal Nan Yuttam Ceykiren.
After examining the contents of the books and the legal basis cited for their seizure, the HRCSL concluded that the authorities had failed to demonstrate either the intent or the likelihood of harm required under the Customs Ordinance and Section 120 of the Penal Code to justify restricting their circulation.
The Commission noted that while some passages might be regarded as offensive or disturbing by certain readers, they did not amount to direct incitement or advocacy of unlawful conduct. As a result, the continued detention of the publications constituted an unnecessary and disproportionate restriction on freedom of expression.
Significantly, the HRCSL held that the seizure amounted to prior censorship, violating the author’s constitutional right to freedom of speech and publication under Article 14(1)(a) of the Constitution.
The Commission further found that the actions of Customs violated the guarantees of equality and non-discrimination contained in Articles 12(1) and 12(2), including protections against discrimination on the basis of language. It also ruled that the continued ban infringed the author’s right under Article 14(1)(f) to enjoy and promote his own culture and to use his own language.
The ruling is likely to be seen as an important affirmation of freedom of expression, linguistic rights, and protection against arbitrary censorship in Sri Lanka. By recommending the immediate release of the detained books, the HRCSL has underscored that restrictions on publications must meet a clear legal threshold and cannot be justified merely because certain views or narratives may be controversial or unpopular.
The Commission has therefore recommended that Sri Lanka Customs release all remaining copies of Ippothum Inge Irandu Thesangalthaan and Elluttal Nan Yuttam Ceykiren without further delay.