FAQ Sheet for FR Petition regarding Alcohol Ban on Women

Sharanya Sekaram (Gender Activist & Independent Consultant)

sharanya.sekaram@gmail.com

Fundamental Rights Petition Regarding the Ban on the Sale

of Alcohol to Women in Sri Lanka FAQ Sheet
Q: Why is this FR Petition being filed now? Why was it not filed months ago?
A: You cannot file an FR Petition against an existing law, only against an executive order or
action. Until the law was withdrawn and then reinstated – there was no Executive Action to file
against.

Q: On what grounds is this FR Petition being filed?

A: On the grounds that it violates Article 12 of the Constitution that guarantees equality for all
before the law. For more information on the legal aspects of the petition please have a read
through the legal brief put together by Verite Research here (http://groundviews.org/wp-
content/uploads/2018/01/VR-Brief_Cabinet-Decision-to-Ban-Women-from-Purchasing-
Liquor.pdf)

Q: Why did the Petition have to be refiled? Why are there now a new set of petitioners?
A: When the first petition was filed, the action to change the law had not taken place yet. It was
therefore filed on the basis that the Cabinet decision to withdraw the original gazette was
unconstitutional and that there was an imminent infringement of the fundamental right to
equality of women.
After the first petition was filed, the Finance Minister took the necessary steps (as per the
Cabinet decision) to withdraw the amendment to the original 1979 gazette, which led to an actual
infringement of the fundamental rights of women.
The second petition with 21 new petitioners was therefore filed on the basis that an actual
infringement of the fundamental rights of women had occurred (SC/Ref/32/201).
The petitioners in the second petition are different to the first petition to prevent an objection of
res judicata i.e. that you cannot be a petitioner on two FR petitions regarding the same matter.

Q: Why is it only women who are petitioners?

A: Because only those who have had their actual fundamental rights violated (in this case
women over the age of 21) can be petitioners. You cannot file an FR petition on behalf of or in
support of someone else. You need to be directly affected.

Q: Why do so many of the petitioners come from Colombo?

A: The filing of the FR had to take place in Colombo as that is where the Supreme Court is
located, it cannot be filed anywhere else. Petitioners also need to physically sign the affidavit
allowing the lawyer to file action for them, and this means women from outside of Colombo
would have had to travel. In the short window of time in which the petition was filed, practicality
meant that it was mostly those living in Colombo who were able to rally on short notice and sign

Q: What exactly does the law say now? Does this mean supermarkets can refuse purchase
of alcohol to women?

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FAQ Sheet for FR Petition regarding Alcohol Ban on Women
Sharanya Sekaram (Gender Activist & Independent Consultant)
sharanya.sekaram@gmail.com
A: There has been much confusion on the scope of the law. This brief by Verite Research tells us
exactly what the law entails and what places can legally refuse to allow women to purchase
alcohol - https://drive.google.com/file/d/1Vwdf4CGQjzwevBHQSgR1V3U0WdmNJ60K/view

Q: What about other issues such as Marital Rape or the Muslim Marriage and Divorce Act
that also discriminates against women? Why is no one talking action against these?
A: As mentioned before you cannot file an FR against an existing law, and the above examples
are protected by existing laws. There is no way that one can file action (at this current time) and
overturn those discriminatory laws, so activists and women’s groups have been using other
methods (protests, meetings with government, campaigns, working with international groups
etc.) to solve them. For example, on the 22nd of January a silent protest was held outside the
Ministry of Justice asking for the release of the Justice Saleem Marsoof Commission report that
was convened in 2009 to look into the issues faced by Muslim women under the MMDA,
planning to use the contents to work further. Likewise, after much campaigning Minister
Thalatha Athukorala announced in December 2017 that moves were being made to criminalize
marital rape in the law and activists are using this statement to hold the government accountable.

Q: Why all the fuss over alcohol purchase, to go so far as to file an FR if all these other
issues are going on?
A: The reason for filing the petition is significant on a few counts:
1. It is an important part of democracy that citizens use the tools given to them (such as the
Constitution and the guarantee of Fundamental Rights) to hold the government
accountable. Democracy is about more than just voting, it is about using the options and
your voice to remind the elected officials that they serve us.
2. This has the potential to set an important legal precedence and ensure that such policy
instability cannot keep happening. If a legal recourse is not sought when the option is
there, then the chances of this happening again perhaps in more serious and damaging
circumstances (e.g. withdrawing the exception to rape being marriage and then
reinstating it).
3. The law now equates children of below 21 with adult women in terms of the decision-
making abilities. Regardless of the age, educational status, experience etc. – we are now
able only to make the same decision of purchase as a child.
4. We believe that this action is about far more than the right to purchase alcohol. It is about
the patriarchy and blatant discrimination against women which is unacceptable. Actions
like this do not exist in a void, they are symptoms of discrimination. Whether it is
underage marriage, lack of equal pay, or burden of domestic work – they are all
connected.

Q: Won’t this mean that without this law more women will get drunk? Isn’t banning a
substance that has been linked to many health problems and issues a good thing?
A: The women and men who are addicted to alcohol will not stop being so with this law in place
– regardless of the law being there for 60 years it did nothing to stop alcohol consumption in Sri
Lanka. Yes, alcohol can cause health issues but as evidence and research shows banning
anything to make it stop is not the answer. It will simply drive the consumption and sale
underground. The Government was able to tackle sugar consumption that was driving up the
number of people with diabetes through taxing the beverage industry, sustained campaigns, and

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FAQ Sheet for FR Petition regarding Alcohol Ban on Women
Sharanya Sekaram (Gender Activist & Independent Consultant)
sharanya.sekaram@gmail.com
events. If we want to reduce the consumption of alcohol, then why can’t these methods be used?
There is a great deal of freely available material and numerous experts who will be able to
collaborate with the relevant Ministries to find a more sustainable solution.

Please feel free to reach out for any further questions and/or clarifications you may have

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