(English) The Human Rights Commission of Sri Lanka (HRCSL) has submitted its observations on the proposed reforms to the Muslim Marriage and Divorce Act (MMDA).The Commission received a letter on 13 January 2026 from the Ministry of Justice, addressed to the Chairman of the HRCSL, inviting its feedback on the ongoing reform process. In response, the HRCSL has reiterated the position outlined in its earlier statement dated 25 August 2025 (attached), while also providing further observations and recommendations to support a rights-based reform of the MMDA.
(English) The Human Rights Commission of Sri Lanka wrote to His Excellency the President with reference to the provisions of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 2025, which were issued on 28 November 2025. The Commission expressed its deep sorrow with respect to the national disaster that has arisen in Sri Lanka as a result of Cyclone Ditwah. It recognised the enormity of the cost to human life and property and acknowledge the difficult path to recovery that the Government of Sri Lanka has undertaken. It anticipated that its observations and recommendations conveyed in its letter would further aid the national effort in ensuring the recovery process takes place in a manner that respects, protects, and promotes the fundamental rights of the people. The Commission observed that the said Regulations appear to draw from a template set of regulations used on several previous occasions by previous governments. It was observed that several provisions of the said Regulations are incompatible with the fundamental rights chapter of the Constitution of Sri Lanka and relevant international human rights norms and standards. The Commission observed that the Regulations provide for the requisitioning of any building or premises ‘necessary for relief work in connection with any natural disaster’, and that the scope of this provision was broad enough to include residential premises. It observed that some offences relating to essential services could impede legitimate trade union activity. It also noted that offences under sections 365 and 365A of the Penal Code, which relate to voluntary sexual acts between consenting adults, had been included in the Regulations. It reiterated its recommendation to urgently repeal such provisions from the Penal Code to ensure compatibility with Sri Lanka’s international human rights obligations. It was further noted that the Regulations impose death sentences for certain offences and also removes salutary safeguards against torture by making confessions to police officers admissible as evidence.
(English) The Human Rights Commission of Sri Lanka (HRCSL) expresses deep concern over the growing number of complaints of child rights violations, particularly cases involving corporal punishment. Such practices cause both physical harm and lasting emotional trauma, which in some cases have led to severe distress and even suicide. In response, the Penal Code (Amendment) Bill—to amend Chapter 19—was gazetted on 4 July 2025. The Bill seeks to prohibit all cruel, degrading, and harmful punishments, both physical and non-physical, against anyone under 18 years of age. The HRCSL welcomes this important initiative to strengthen the protection and dignity of children in Sri Lanka.
(English) The Human Rights Commission of Sri Lanka (HRCSL), under its mandate to ensure national laws comply with international human rights standards, has reviewed the Muslim Marriage and Divorce Act (MMDA) and related personal laws, identifying several provisions that are discriminatory and incompatible with the principles of equality and the best interests of the child. Despite notable progress in women’s health and education, Sri Lanka continues to face serious gender-based discrimination and limited legal protections for women and children. The Commission has analysed the MMDA, the Kandyan Marriage and Divorce Act (KMDA), and the Jaffna Matrimonial Rights and Inheritance Ordinance, with a view to ensuring compliance with constitutional guarantees and international obligations. The HRCSL urges urgent legislative reform of the MMDA to guarantee gender equality, eliminate discriminatory practices, and safeguard the best interests of women and children while respecting religious and cultural diversity.
(English) The Human Rights Commission of Sri Lanka (HRCSL) has written to the Ministry of Public Security and Parliamentary Affairs regarding the draft Non-Governmental Organisations (Registration and Supervision) Bill, which we understand is being formulated by your Ministry. The Commission further understands that the proposed Bill seeks to provide for the registration and supervision of non-governmental organisations, and to repeal the Voluntary Social Services Organisations (Registration and Supervision) Act, No. 31 of 1980. In this regard, we respectfully request that a copy of the draft Bill be shared with the Commission, in order to enable us to discharge our mandate under Section 10(c) of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996. This provision empowers the Commission to “advise and assist the Government in formulating legislation… in furtherance of the promotion and protection of fundamental rights.”
(English) The Human Rights Commission of Sri Lanka wrote to Hon. Harshana Nanayakkara Minister of Justice and National Integration with respect to the repeal of the Prevention of Terrorism Act, No. 48 of 1979 (PTA). It also forwarded its findings and recommendations in Case No. SUO MOTU-08-25, which have a direct bearing on the current process through which the Government of Sri Lanka aims to repeal the PTA. The Commission pointed out that Case No. SUO MOTU-08-25 concerned the arrest and detention of Mohamad Liyaudeen Mohamed Rusdi by the Counter Terrorism and Investigation Division (CTID) of Sri Lanka Police under the PTA. Following the completion of the inquiry and a thorough review of the documentation provided by the CTID, the Commission issued its findings and recommendations with respect to this case on 12 June 2025.
(English) The Human Rights Commission of Sri Lanka (HRCSL) wrote to Hon. Harshana Nanayakkara, Minister of Justice and National Integration in terms of its mandate under section 10(d) of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996. In its letter, the Commission recalled its previous letters dated 22 November 2023 and 13 August 2024 sent to the Ministry with reference to sections 365 and 365A of the Penal Code (Chapter 19). The said sections relate to ‘unnatural offences’ and ‘acts of gross indecency between persons’ and have been used to criminalise sexual activity between persons of the same sex. The Commission recalled that a Private Member’s Bill was recently presented with the stated intent to repeal / amend the said provisions in the Penal Code. The Commission was of the view that the passage of the Bill would ensure full compliance with Sri Lanka’s obligations under international law, including under the International Covenant on Civil and Political Rights (ICCPR), which under articles 2 and 26 guarantees the right to non-discrimination. The Human Rights Committee, the treaty body tasked with supervising the implementation of the ICCPR, has observed that the right to non-discrimination includes non-discrimination on the grounds of sexual orientation.
(English) The Human Rights Commission of Sri Lanka (HRCSL) sent a letter to the Minister of Justice, Prison Affairs and Constitutional Reforms on 13 August 2024 as a follow-up to the letter sent to the Ministry dated 22 November 2023 with reference to sections 365 and 365A of the Penal Code (Chapter 19). The said sections of the Penal Code relate to ‘unnatural offences’ and ‘acts of gross indecency between persons’ and have been used for the purpose of criminalising sexual activity between persons of the same sex.
(English) The Human Rights Commission of Sri Lanka wrote to H.E. the President, sharing its observations and recommendations on the Bill titled ‘Commission for Truth, Unity and Reconciliation in Sri Lanka’, which was published in the Official Gazette of 29 December 2023. The Commission acknowledged that the right to truth is a well-established human right under international law and remains a key pillar of transitional justice. However, it stated that this right must be promoted in conjunction with the advancement of other pillars of transitional justice: accountability, reparations, and non-recurrence. In view of strengthening the promotion of transitional justice in Sri Lanka, the Commission presented several observations and recommendations with respect to the proposed Bill.
(English) The Human Rights Commission of Sri Lanka (HRCSL) wrote to the Ministry of Justice concerning the Penal Code (Amendment) Bill published in the Official Gazette on 13 February 2024. HRCSL reviewed the said Bill and shared its observations and recommendations on the Bill in terms of its mandate under section 10(c) of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996. The said provision empowers the Commission to ‘advise and assist the government in formulating legislation…in furtherance of the promotion and protection of fundamental rights’. The HRCSL’s observations and recommendations aimed to ensure the Bill’s compatibility with the fundamental rights chapter of the Sri Lankan Constitution and Sri Lanka’s international human rights obligations, including under the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women.
(English) The Human Rights Commission of Sri Lanka (HRCSL) has written on 26 October 2023 to the Minister of Labour and Foreign Employment requesting a copy of the draft Employment Bill and awaiting a response from the Ministry of Labour and Foreign Employment. The purpose of requesting a copy of the latest version of the draft Bill is to enable the Commission to fulfill its mandate in terms of section 10(c) of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996. The said provision empowers the Commission to ‘advise and assist the government in formulating legislation…in furtherance of the promotion and protection of fundamental rights’.
(English) The Human Rights Commission of Sri Lanka wrote to the Hon. Speaker of Parliament with reference to the Act titled ‘Online Safety’ certified on 1 February 2024 and published in the Official Gazette on 2 February 2024. It shared its observations on the Act in terms of its mandate under sections 10(c) and (d) of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996. The Commission emphasised that the Supreme Court is specifically entrusted with the authority to assess any Bill in terms of its consistency with the Constitution, including the Fundamental Rights Chapter of the Constitution. Based on such an assessment, the Court is required to prescribe the manner in which such Bill may be enacted by Parliament. Full compliance with the Court’s Determination on a Bill is, therefore, crucial to guaranteeing the fundamental rights of the people of Sri Lanka.
(English) The Human Rights Commission of Sri Lanka (HRCSL) sent a Recommendation to the Minister of Justice, Prison Affairs, and Constitutional Reforms on 22 November 2023 to Repeal / Amend Sections 365 and 365A of the Penal Code.
(English) The Human Rights Commission of Sri Lanka (HRCSL) sent a letter on 17 November 2023 to His Excellency the President Ranil Wickremesinghe containing HRCSL ‘Observations and Recommendations on Draft National Women’s Commission Bill, Draft Gender Equality Bill, and Draft Women’s Empowerment Bill’. The HRCSL also sent the following recommendations to the His Excellency President: Consider amalgamating the Gender Equality Bill and the Women’s Empowerment Bill into a single consolidated Bill. House the Gender Equality Council in the new department to which the Women’s Bureau will be upgraded. Consider naming the said department the ‘Department for Gender Equality’ in view of such a change. Further strengthen the appointment process with respect to the National Women’s Commission. Members of the Commission may be appointed on the recommendation of the Constitutional Council in a manner similar to the appointment of members of the Human Rights Commission of Sri Lanka. Consider publishing the three Bills as soon as possible to enable meaningful public consultation on their substance.
(English) The Human Rights Commission of Sri Lanka presented its general observations and recommendations on 26 October 2023 to the Minister of Justice, Prison Affairs and Constitutional Reforms for his consideration on the Revised Anti-Terrorism Bill with a view to ensure compatibility with the fundamental rights chapter of the Sri Lankan Constitution and Sri Lanka’s international human rights obligations: The general observations and recommendations presentation are as follows; Substantially revise the definition of the ‘offence of terrorism’ by narrowing its scope; Ensure any detention order issued against any persons suspected of the ‘offence of terrorism’ be subject to judicial oversight as envisaged by Article 13(2) of the Constitution; Ensure that a judge is, at all times, vested with meaningful authority to grant bail to any suspect taken into custody on suspicion of the ‘offence of terrorism’; Ensure any person deprived of liberty be granted prompt and meaningful access to legal counsel without arbitrary or unreasonable conditions; and Refrain from granting the police any powers to issue directives restricting the fundamental rights of the people. The HRCSL has requested the Minister of Justice to consider and incorporate these observations prior to it being placed on the Order Paper of Parliament.
(English) The Human Rights Commission of Sri Lanka (HRCSL) sent a letter on 2 October 2023 to Hon. Tiran Alles, Minister of Public Security containing the preliminary observations and recommendations of the HRCSL on the Online Safety Bill published in the Official Gazette on 18 September 2023. The HRCSL acknowledges that making online spaces in Sri Lanka safer for its citizens is a valuable legislative objective. However, the HRCSL is of the opinion that strengthening the institutional capacity of law enforcement authorities to interpret and apply the existing criminal law in good faith should precede any proposals to introduce new legislation with criminal offences pertaining to online activity.
(English) According to section 10(c) of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996, the Human Rights Commission of Sri Lanka (HRCSL) sent on 21 September 2023 its observations and recommendations on the Draft Protection of the Rights of Persons with Disabilities Bill to Hon. Dr Wijeyadasa Rajapakshe, Minister of Justice, Prison Affairs and Constitutional Reforms. The Bill aims to ensure the fulfillment of Sri Lanka’s obligations under the United Nations Convention on the Rights of Persons with Disabilities. The Bill stands to establish a valuable legal framework for the protection, promotion, and fulfillment of the rights of persons with disabilities.