Banning Burqas and Madrasas illegal: Fmr MP

15 March 2021 08:20 am

Former MP M.M .Zuhair said yesterday it would be unlawful to ban Burqas and Madrasas.

Issuing a statement, he said some observations and recommendations of the Commission on Easter Sunday attacks are invasive of the absolute protection given to every person under Article 10 of the Sri Lanka Constitution.

He said the Commission’s report though good in parts, can be seen as an attempted assault on Islam for the heinous crimes of a dozen suicide bombers.

The right to the freedom stated in Article 10 is ‘assured to all religions’ under Article 9. No one, not even Presidential Commissions can invite or promote the State or any limb of the Executive or Judiciary to violate the freedom guaranteed under Article 10.This protection is guaranteed notwithstanding any national security concerns, as the law stands today.

In this constitutionally protected background, the statement made on Saturday by a government Minister that he has signed and gazetted his order banning the right of women to wear Burqa styled dress and that Madrasas will also be banned soon, stands condemned as a violation of Article 10 read with Article 9 of the Constitution.

In addition to the violation of the Constitution, the first of the two constitutes an unlawful attack on the honour and reputation of women as declared in Article 17 of the International Covenant on Civil and Political Rights (ICCPR), an international treaty to which Sri Lanka is a party.