SC rules in favour of issuing NICs for Bhikkhunis

The Supreme Court on Tuesday, by a majority decision, directed the Commissioner General of the Department of Registration of Persons to issue a National Identity Card (NIC) to a Buddhist Bhikkhuni, recognising her status as a Bhikkhuni rather than ‘Sil Matha’.

Justice Gamini Amarasekara with the concurrence of Chief Justice Murdu Fernando, held that the petitioner’s Fundamental Rights under Article 12(1) of the Constitution had been infringed by the Commissioner General’s refusal to include the title Bhikkhuni in her NIC.

“It is obvious that if the Petitioner was a male, she would not have faced these difficulties. She had been deprived of being recognized as a Bhikkhuni when in fact, she is a Bhikkhuni as per the Rangiri Dambulu Buddhist Chapter which she belonged to and is recognized by the Government.  Hence, it is clear that her rights protected under Article 12(1) of the Constitution have been violated by the acts and conduct of the 1st Respondent,” the SC said.
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The first petitioner is Ven. Welimada Dhammadinna Bhikkhuni, Bhikkhuni Educational Academy, Kalundewa Road, Dambulla, while the second petitioner is Ven. Inamaluwe Sri Sumangala Thero, President of the Rangiri Dambulla Sangha Sabhawa, Maha Nayaka of Rangiri Dambulla Chapter of Siyam Maha Nikaya.

The respondents are Commissioner General, Department of Registration of Persons and  Commissioner General Department of Buddhist Affairs.

The bench comprised Chief Justice Murdu N. B. Fernando, P.C., Justice  E.A.G.R. Amarasekara and Justice Mahinda Samayawardhena.

The petitioners argued that since 1998, the Department had regularly issued NICs to ordained women with the title ‘Bhikkhuni’, thus acknowledging their religious status. However, they claimed that the Department had in recent years intermittently replaced the title with ‘Sil Matha’ without any clear justification.

However, in a dissenting judgment, Justice Mahinda Samayawardhena dismissed the petition, arguing that the Supreme Court should not intervene in ecclesiastical matters and such matters should instead be determined by appropriate religious authorities.