(Sri Lanka Brief/17 June 2025)
The Supreme Court has ordered the Department of Registration of Persons to grant Buddhist nuns the status of Bhikshuni (බෞද්ධ භික්ෂුණීන්) instead of Sil Mata (සිල් මාතා) and issue them national identity cards.
The Supreme Court has ruled that the Commissioner General of the Department of Registration of Persons has violated fundamental human rights by refusing to issue a National Identity Card to a nun named Welimada Dhammadinna, a nun affiliated with the Rangiri Dambulla Sangha Sabha, under the “Bhikshuni Foundation”.
This was when the petition was taken up for hearing on June 16 before a three-judge Supreme Court bench comprising Chief Justice Murdu Fernando, Gamini Amarasekara and Mahinda Samayawardena.
After a lengthy hearing, Judge Gamini Amarasekara, who delivered the verdict with the concurrence of Chief Justice Murdu Fernando, stated that the Commissioner General of the Department of Registration of Persons had violated fundamental human rights by refusing to issue a National Identity Card to the petitioner under the “Bhikshuni Foundation”.
The court was of the opinion that the decision taken by the Commissioner General of Registration of Persons to refuse to issue a National Identity Card to the petitioner under the Bhikshuni Foundation was unjustified.
The nuns had not received official legal recognition so far, and they had been requesting for such recognition for a long time.
The verdict was given as a majority decision in which Chief Justice Murdu Fernando and Justice Gamini Amarasekara agreed.
It was ruled that Article (1) of the Constitution had been violated by not issuing identity cards to nuns.
The petition was filed by the female thero Welimada Dhammadinna Thero and the Incumbent Monk of the Rangiri Dambulla Chapter.
The nun stated in her petition that the petitioner was refused the title “Bhikshuni” in her national identity card without obtaining confirmation from the Incumbent of the Rangiri Rajamaha Viharaya in Dambulla.
Justice Amarasekara had also stated in his judgment that this was clearly discriminatory.
The judgment had stated that if she had been a male monk, (භික්ෂුවක) it would not have been difficult to obtain such an identity card.
But the ruling stated that she had to face such legal obstacles because she was a woman and that it constituted “discriminatory” treatment before the law.
However, Justice Mahinda Samayawardena, in a judgment contrary to the said majority judgment, dismissed the petition.
He stated in his judgment that the Supreme Court should refrain from interfering in religious matters that fall within the purview of the relevant religious authorities.
The petitioners had argued that since 1998, the Department of Registration of Persons has been issuing identity cards with the designation ‘Bhikshuni’.
However, she has stated that later, identity cards have been issued to Buddhist nuns with the designation ‘Sil Mata’ and that there is no rational basis for not using the name ‘Bhikshuni’.
Since Buddhist nuns living in Sri Lanka have not yet been issued with a national identity card, nuns have also not had the opportunity to vote.
BBC Sinhala Service previously revealed that nearly 8,000 Buddhist nuns in Sri Lanka have been unable to obtain a national identity card due to the Ministry of Buddhasasana refusing to officially recognize them.
Accordingly, the above decision will be a unique opportunity for the nun community in Sri Lanka to win their rights.
(with the inputs from Sinhala language website articles)