HRCSL finds Kalmunai hospital violated rights of six Muslim women

Rights & Freedom
By Editor_1
The Muslim Health workers who were subjected to racialist vilification and institutional discrimination at the Kalmunai North Base Hospital - social media/theSocialist.lk

COLOMBO ‒The Human Rights Commission of Sri Lanka (HRCSL) has found that the administration of the Kalmunai Base Hospital (Kalmunai North) violated the fundamental rights of six Muslim women healthcare assistants by restricting their religious attire, and has recommended measures to prevent further discrimination.

In a decision dated October 12, the Commission recommended that the hospital permit staff to wear head coverings, long sleeves and trousers alongside their prescribed uniforms, in accordance with their religious beliefs.

The Commission made four recommendations to hospital director Dr K. Sukunan, including issuing a written clarification of the applicable public administration circulars, conducting an impartial inquiry into allegations of harassment, and offering the complainants the option of returning to work.

It also recommended that the hospital ensure any complainant who resumes work is permitted to wear the attire in question.

Separately, the Commission urged the Secretary to the Ministry of Public Administration to issue a new circular, modelled on Circular No. 13/2019 of June 26, 2019, clarifying that public officers may wear religious attire alongside their prescribed uniforms, provided they remain clearly identifiable.

The hospital director and the ministry secretary have been asked to report on progress in implementing the recommendations by November 19, 2026.

The complaint involved six women among 36 newly appointed healthcare assistants who reported for duty at the hospital in August. Nine of the newly appointed assistants were Muslim women.

The complainants told the HRCSL that hospital officials had instructed them to remove their headscarves and long-sleeved clothing and stop wearing jeans. They alleged that they were threatened with being prevented from signing the attendance register and were subsequently told to accept transfers, arrange mutual transfers with other employees or resign.

They also alleged verbal harassment. The Commission noted that three of the nine Muslim women who complied with the instructions had also been transferred without justification.

Hospital representatives told the Commission’s Kalmunai Regional Office that they had acted in accordance with public administration circulars and in response to complaints from staff.

However, the Commission noted that the hospital had issued a letter threatening disciplinary action against the complainants after they approached the HRCSL. It also found that the hospital had allowed other employees to protest against the women on its premises during working hours.

In its findings, the Commission concluded that the restrictions were not prescribed by law as required by the Constitution and that the relevant public administration circulars issued in 1989 and 2022 did not prohibit religious attire.

It found no evidence that the women’s attire posed a threat to any legitimate objective and noted that a nearby base hospital in Ampara permitted similar attire without restrictions.

The Commission determined that the hospital administration had violated the women’s rights under Articles 10, 12(1), 12(2), 14(1)(e) and 14(1)(g) of the Constitution, covering freedom of thought, conscience and religion, equality, non-discrimination, freedom to manifest religion and the freedom to engage in a lawful occupation.

Describing the treatment as intersectional discrimination based on race, religion and sex, the Commission noted that, although there was no evidence of explicit discriminatory intent, the effect of the restrictions was discriminatory.

It warned that such conduct could create a hostile working environment for Muslim women in the public sector and undermine efforts towards national reconciliation.

Copies of the decision have been sent to the Minister of Health and the Secretary to the Ministry of Public Administration.

-ENCL

Editor_1
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