Judicial Responses to Religious Freedom: A Case Analysis

Abstract

This study examines a cross section of case law in order to assess how far Sri Lanka’s judiciary has been willing to go to uphold the freedom of religion. The report is presented in three parts. The first part sets out the legal framework applicable to religious freedom in Sri Lanka. The second analyses how courts have interpreted and applied this legal framework in the context of three dimensions, namely (1) the right to adopt and hold a religious belief (2) the right to manifest a religious belief (3) the right to non-discrimination on the basis of religion. The final part classifies the analysed cases on perceptual maps to identify key trends in the judicial protection of the freedom of religion in Sri Lanka. The Sri Lankan case law has displayed a conservative trend in terms of the protection and promotion of religious rights of minority religious communities. This trend may be attributed to at least three key factors. First, the Supreme Court has a tendency to use a procedural approach when determining outcomes that protect minority religious rights. Second, the Supreme Court has been reluctant to apply a meaningful proportionality test when determining outcomes. Last, the lower courts have demonstrated a reluctance to mediate community level tensions in order to protect minority religious communities.