Withholding A/L results of Muslim candidates over hijab violated fundamental rights: HRCSL

Colombo, July 02 (Daily Mirror) - The Human Rights Commission of Sri Lanka (HRCSL) has ruled that the decision to withhold the Advanced Level examination results of around 70 Muslim students from Zahira College, Trincomalee, in 2024 violated their fundamental rights.

The Commission issued its recommendation in Case No. HRC/SUO-MOTU/02/2024, concerning a decision by the then Commissioner General of Examinations to withhold the results over allegations that the candidates had breached exam rules by wearing religious attire that covered their ears during the examination.

The students, all Muslim girls, had worn a loose shawl as part of their religious practice. Authorities had claimed that the attire violated examination regulations requiring candidates to keep their ears visible.

The HRCSL noted that it had initially engaged the Department of Examinations in an attempt to mediate a settlement, following which the results were released and the candidates were allowed to apply for re-scrutiny.

However, after a full inquiry, the Commission found that the Department had failed to establish any violation of examination rules. It said witness testimony from examination officials indicated that the attire worn by the candidates still allowed their ears to remain visible.

The Commission further observed that no proper inquiry had been conducted by the Department to verify the alleged breach before withholding the results.

In its final determination, the HRCSL held that the decision amounted to a violation of the students’ constitutional rights, including the freedom of religion under Articles 10 and 14(1)(e), and the rights to equality and non-discrimination under Articles 12(1) and 12(2) of the Constitution.

The Commission said the action taken was an “unnecessary, disproportionate and unreasonable limitation” on the students’ right to manifest their religion or belief.

The HRCSL has also recommended that a full and impartial inquiry be conducted into how the decision was made, including the role of any external officials involved, and whether any misinformation was provided to the Department of Examinations. It said disciplinary action should be taken if wrongdoing or bad faith is established.

It further called for clear guidelines to be issued to examination authorities to ensure that religious attire is not misinterpreted in a manner that restricts students’ rights, and that appropriate accommodations—such as allowing loose shawls that still keep ears visible—are properly recognized.

The Commission also recommended a review of invigilator deployment procedures, including the adequate appointment of female and Tamil-speaking invigilators at examination centres to avoid similar disputes in the future.