News
Women and liquor: SC green light for five FR petitions
The Supreme Court, on Friday. granted Leave to Proceed in several Fundamental Rights (FR) applications filed against the ban on women selling alcohol and the prohibition on employment of women in the alcohol industry.
A 3-member Bench comprising Justices Buwaneka Aluwihare P.C., Prasanna Jayawardena P.C. and Vijitha Malalgoda P.C., allowed 5 petitions to proceed and fixed February 6, 2019 for hearing them.
The petitions were filed in January this year by a group of social activists who say the discrimination against women on the purchase of alcohol, as well as depriving them of employment in the alcohol industry, is a blatant violation of the FR guaranteed by the 1978 Constitution, which includes the right to equality and non-discrimination on the grounds of gender, even though it was not challenged at the inception of this regulation.
Petitioners stated that Excise Notification No. 666 promulgated in terms of the provisions of the Excise Ordnance published in the Gazette notification of December 31, 1979, that placed restrictions on women, “was a draconian measure that was arbitrary, irrational, unreasonable and discriminatory to female citizens of the Republic.”
“An imposition of a prohibition applicable to members of only one gender would be tantamount to an unequal treatment of the members of such gender,” the Petitioners argued.
Petitioners cited the Minister of Finance, Secretary to the Ministry and the Attorney General as respondents.
Counsels Viran Corea and Thishya Weragoda appeared for the Petitioners. Additional Solicitor General Viraj Dayaratne P.C. appeared for the Respondents.