1. Fundamental Rights Chapter
1978 Constitution of Sri Lanka
Mrs Wasantha Seneviratne
Senior Lecturer
Faculty of Law
University of Colombo

2. Article 10 -- Freedom of thought,
conscience and religion.
 Every person is entitled to freedom of
thought, conscience and religion, including
the freedom to have or to adopt a religion or
belief of his choice.

3. Article 11
 Freedom from torture.
 No person shall be subjected to torture or to
cruel, inhuman or degrading treatment or
punishment.
 Gerad Mervin
 Sriyani Silva v. OIC Payagala (Iddamalgoda)

4. Article 12 -- Right to equality.
 12. (1)
 All persons are equal before the law and are
entitled to the equal protection of the law.
 Ruwani Perera v. UGC

5. 12 (2) – Non discrimination
 No citizen shall be discriminated against on
the grounds of race, religion, language,
caste, sex, political opinion, place of birth or
any one of such grounds

6. 12 (3)
 No person shall, on the grounds of race,
religion, language, caste, sex or any one of
such grounds, be subject to any disability,
liability, restriction or condition with regard to
access to shops, public restaurants, hotels,
places of public entertainment and places of
public worship of his own religion.

7. 12 (4)
 Nothing in this article shall prevent special
provision being made, by law, subordinate
legislation or executive action,
for the advancement of women, children or
disabled persons.

8. Article 13
 Freedom from arbitrary arrest, detention and
punishment, and prohibition of retroactive
penal legislation.
 Sepala Ekanayaka v A.G.

9. 13 (1)
 No person shall be arrested except according
to procedure established by law.
 Anyperson arrested shall be informed of the
reason for his arrest.

10. 13 (2)
 Every person held in custody, detained or
otherwise deprived of personal liberty shall
be brought before the judge of the nearest
competent court
 (Within 24 hours)

11. 13 (3) Right to a fair Trial
 Any person charged with an offence shall be
entitled to be heard, in person or by an
attorney-at-law, at a fair trial by a competent
court.
 Rizana Nafeek- Saudi Arabia

12. 13 (4)
 Noperson shall be punished with death or
imprisonment except by order of a competent
court,

13. 13 (5) Presumption of Innocence
 Every person shall be presumed innocent
until he is proved guilty :

14. 13 (6) Retrospective legislations
 No person shall be held guilty of an offence
on account of any act or omission which did
not, at the time of such act or omission,
constitute such an offence,
 and no penalty shall be imposed for any
offence more severe than the penalty in force
at the time such offence was committed.

15. Article 14
Freedom of speech, assembly,
association, occupation, and
movement

16. 14 (1)
 Every citizen is entitled to-
 (a) the freedom of speech and expression
including publication;
 (b) the freedom of peaceful assembly;

17.  (c) the freedom of association;
 (d)the freedom to form and join a trade
union;

18.  (e)the freedom to manifest his religion or
belief in worship, observance, practice
and teaching;

19.  (f)
the freedom to enjoy and promote his
own culture and to use his own language;

20.  (g)the freedom to engage in any lawful
occupation, profession, trade, business
or enterprise;

21.  (h)the freedom of movement-and of
choosing his residence within Sri Lanka; and
 (i) the freedom to return to Sri Lanka.

22. Article 15
 Restrictions on fundamental rights.

23. such restrictions may be prescribed by
law in the interests of ….
 national security
 racial and religious harmony or
 national economy.
(Emergency regulations)

24.  in relation to parliamentary privilege,
contempt of court, defamation or incitement
to an offence.

25. Remedy for FR violations
 Article
126 of the 1978 Constitution provides
a remedy

26. 126 (1)- By an executive or
administrative action
 The Supreme Court shall have sole and
exclusive jurisdiction to hear and determine
any question relating to the infringement or
imminent infringement by executive or
administrative action of any fundamental
right or language right declared and
recognized by Chapter III or Chapter IV.

27. 126 (2)
 (2) Where any person alleges that any such
fundamental right or language right relating
to such person has been infringed or is about
to be infringed by executive or administrative
action, …

28. …
 He may himself or
 by an attorney-at-law on his behalf,
 within one month thereof,
 apply to the Supreme Court
 by way of petition in writing

29.  addressed to such Court praying for relief or
redress in respect of such infringement.

30. Leave to Proceed
 Such application may be proceeded with only
with leave to proceed first had and obtained
from the Supreme Court, which leave may be
granted or refused, as the case may be, by
not less than two Judges.

31. 126 (4)
 (4)The Supreme Court shall have power to
grant such relief or make such directions as it
may deem just and equitable
 or refer the matter back to the Court of
Appeal if in its opinion there is no
infringement of a fundamental right or
language right.

32. within two months
 (5) The Supreme Court shall hear and finally
dispose of any petition or reference under
this Article within two months of the filing of
such petition or the making of such
reference.

33. Thank you