The Human Rights Commission of Sri Lanka (HRCSL) has ruled that the fundamental rights of six Muslim female healthcare assistants were violated after authorities at the Kalmunai North Base Hospital ordered them to remove their headscarves and other religious attire while on duty.
In its findings issued on Oct. 12, the Commission concluded that the hospital administration had unlawfully restricted the employees’ religious freedom, discriminated against them and violated their right to engage in lawful employment.
The case arose after six newly appointed healthcare assistants complained that hospital authorities had instructed them to remove their headscarves, long sleeves and trousers worn in addition to their prescribed uniforms.
According to the complaints, the women reported for duty on Aug. 6, 2026, after receiving appointments from the Ministry of Health.
During an orientation session, hospital officials allegedly instructed Muslim female employees to remove their religious attire.
The situation escalated when the employees were reportedly warned that they would not be allowed to sign the attendance register unless they complied.
The Commission noted that three of the nine newly appointed Muslim women eventually removed their additional clothing, while six refused.
The six complainants alleged that hospital officials subsequently presented them with several options, including complying with the dress requirements, accepting transfers or resigning.
They also alleged that they were subjected to verbal harassment and intimidation.
Hospital authorities, however, maintained that they were implementing existing public administration circulars governing official uniforms.
Following its investigation, the HRCSL found that neither the relevant 1989 circular nor the 2022 circular explicitly prohibited public officers from wearing religious head coverings or additional modest clothing.
The Commission also observed that another government hospital in the Ampara District permitted Muslim female employees to wear similar attire without restrictions.
It concluded that the Kalmunai hospital administration’s interpretation of the circulars was arbitrary, unreasonable and discriminatory.
The Commission further found that the decision to transfer the complainants without a disciplinary inquiry violated their constitutional rights.
According to the ruling, the hospital authorities violated Articles 10, 12(1), 12(2), 14(1)(e) and 14(1)(g) of the Constitution, covering religious freedom, equality, non-discrimination and the freedom to engage in lawful employment.
The HRCSL has recommended that the hospital administration:
– Issue written instructions allowing employees to wear religious head coverings, long sleeves and trousers alongside prescribed uniforms.
– Conduct an impartial investigation into allegations of harassment.
– Offer the six complainants the opportunity to return to Kalmunai North Base Hospital.
– Ensure their religious attire is permitted if they choose to return.
In a significant recommendation extending beyond the hospital dispute, the Commission also called on the Ministry of Public Administration to issue a new circular explicitly allowing public officers to wear religious attire alongside their prescribed uniforms, while ensuring their faces remain clearly identifiable.
The Commission warned that arbitrary restrictions targeting religious clothing could create hostile working environments, contribute to tensions between communities and undermine national reconciliation efforts.
The hospital director and the Secretary to the Ministry of Public Administration have been requested to report on progress in implementing the recommendations by Nov. 11, 2026. (Newswire)
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