Legal challenges mount against Govt. directive banning sale of alcohol to women

• CPA and five female citizens challenge Excise Notification 4/2018 on the basis that it violates rights guaranteed under Sri Lanka’s Constitution

By Dharisha Bastians

The Government continues to face major pushback on its controversial decision to roll back and subsequently reinstate a directive banning the sale of alcohol to women, with two more fundamental rights petitions filed yesterday, on the basis that the regulations violate rights guaranteed under Sri Lanka’s Constitution.  

The two petitions were filed on the basis of the violation of specific rights guaranteed under the Fundamental Rights Chapter in the Constitution of Sri Lanka. The position of both petitions is that regardless of whether a woman actually engages in these activities, her constitutional right to make that choice for herself should be respected to the same extent as that of a man.

The first petition was filed by five women on their own behalf and in the public’s interest. They are Bhavani Fonseka, Sumika Perera, Anusha Coomaraswamy, Shreen Saroor and Minoli de Zoysa. The five petitioners assert that Excise Notification No. 4/2018 is a violation of their rights guaranteed under Article 10 [freedom of thought], Article 12(1) [equal protection of the law], Article 12(2) [non-discrimination] and Article 14(1)(g) [freedom to engage in a lawful occupation, profession].

The second petition was filed in the public interest by the Centre for Policy Alternatives (CPA) and its Executive Director Dr. P. Saravanamuttu. The petition alleges that the prohibition violates the rights guaranteed under Article 10, 12(1) and 12(2) of women above the age of 18 who constitute a significant segment of the people of Sri Lanka.

Excise Notification No. 4/2018 prohibits women above the age of 18 from manufacturing, collecting, bottling, selling or transporting liquor, imposes a ban on women being employed for manufacturing, bottling or engaging in the sale of alcohol and prohibits “giving” liquor to a woman within the premises of a tavern.

On 13 January, in what was heralded as a long-overdue and progressive move, Finance Minister Mangala Samaraweera revoked the 1979 regulation that would not allow women to work in bars and restaurants that served alcohol without the explicit permission of the Excise Commissioner.

But days later, following angry opposition by President Maithripala Sirisena, the Cabinet of Ministers decided to reissue the directive. The re-imposition drew the ire of women’s rights activists and the general public, with several legal analysts arguing that the directives violate the guarantee of equality to all citizens enshrined in the Constitution.

Last week, a fundamental rights petition was filed in the Supreme Court by several women, who challenged the Government’s directive banning the sale of liquor to women as a draconian measure that was “arbitrary, irrational, unreasonable and discriminatory towards female citizens of the Republic.”

On Monday (22), 20 women also went to court against the discriminatory directives.

The Government’s oscillation on the issue has created a storm of controversy at the height of election season, when it desperately needs to retain the progressive, liberal constituency it attracted in 2015 to beat the pro-Rajapaksa Sri Lanka Podujana Peramuna in local government elections next month. President Sirisena is taking a particularly hard beating on the issue, after he refused to back what looked like a more progressive position adopted by his Finance Minister.