Petition against the ban on alcohol

A fundamental rights petition was filed in the Supreme Court demanding the cancellation of the gazette notifications from the Ministry of Finance that reinstated the ban on women to work in bars and purchase alcohol.

 In what many see as a discriminatory move towards women, President Maithripala Sirisena reversed a decision by his finance minister, Mangala Samaraweera, to allow women to buy alcohol for the first time since 1955.

The petition has been filed by Nishanthi Bandaranayake, M. Fernando, Samanalee Fonseka, Chandima Ravini Jinadasa, Deepanjalie Abeywardena, Sabrina Esufally, Sharanya Sekaram, Randhula de Silva, Menaka Galgamuwa, Sujatha Gamage and Visakha Perera Tilakaratne.

11 Petitioners, all female citizens of Sri Lanka and above the age of 21, have called this prohibition “a draconian measure that was arbitrary, irrational, unreasonable and discriminatory to female citizens of the country.”

 Minister of Finance Mangala Samaraweera, Secretary to the Treasury Dr. R. Samaratunga and the Attorney General as respondents.

 The Petitioners state that the promulgation of the said Excise Notification 02/2018 resulted in the revocation of an arbitrary, unreasonable and discriminatory prohibition imposed against female citizens of the Republic.

The Petitioners argue that it “gives rise to a reasonable apprehension regarding an imminent infringement of the Petitioners’ right to equality and equal protection of the law guaranteed to them by Article 12 (1) of the Constitution, in as much as-

(a) Any revocation of the said Excise Notification marked “P3” would be unreasonable.

(b) Any such measure would deprive the members of the female gender who have attained the requisite age specified by Law from being lawfully employed at places of production and sale of liquor.

(c) Any such measure would deprive the members of the female gender who has attained the requisite age specified by Law from lawfully purchasing liquor which is a legal product that can only be manufactured, distributed and sold with the express regulation and control of the State.

(d) An imposition of a prohibition applicable to members of only one gender would tantamount to an unequal treatment of the members of such gender.