A Fundamental Rights petition filed by several women activists and women’s organizations was settled before the Supreme Court following the issuance of a new gazette notification permitting women to purchase liquor from any licensed outlet, work in establishments engaged in liquor production, and consume liquor at retail premises.
With the removal of these restrictions effectively reversing the previous gazette, Sri Lankan law now recognizes equal rights for women in relation to the sale, manufacture, and consumption of liquor.
The Supreme Court was informed that the petitioners did not intend to proceed with the application, in light of the new gazette notification that revoked the earlier one containing those restrictions.
Accordingly, the Supreme Court’s three-judge bench comprising Justices S. Thurairaja, Mahinda Samayawardhena, and Menaka Wijesundera decided to dismiss the petition.
On July 9, 2018, the Supreme Court had granted leave to proceed with this Fundamental Rights petition that sought an interim order to suspend a gazette notification which prevents female persons from lawfully being employed at a place of production and sale of liquor.
The leave to proceed was granted in terms of Article 12(1)(2) and 14(1)(g) of the constitution.
This petition had been filed by Women & Media Collective, Centre for Women’s Research (CENWOR), Professor Camena Guneratne and 14 others naming Minister of Finance and Mass Media Mangala Samaraweera, the Secretary to the Ministry of Finance, members of the Cabinet of Ministers and several others as respondents.
The petitioners stated that Notification No.04/2018 issued by then Minister of Finance, and published in the Government Gazette Extraordinary No. 2054-42, dated 18.01.2018, pursuant to a cabinet decision of 16.01.2018, restricting the rights of women; (a) to be engaged in and employed in the manufacture, collection, bottling, sale and transportation of liquor, and (b) to be sold or given Liquor within the premises of a tavern amounts to ex-facie and de jure gender based discrimination, infringing and violating the rights of adult women to the Right to Equality before the Law and the Equal Protection of the law, as guaranteed to all persons, by and under Articles 12(1) and 12(2) of the Constitution.
Sanjeewa Jayawardena, PC, with Dilumi de Alwis and Prashanthi Mahindaratne appeared for the Petitioners. Additional Solicitor General Viveka Siriwardena appeared for the Attorney General.