Sri Lanka’s Supreme Court rules that denying the title “Bhikkhuni” on a National ID violates constitutional rights. A historic win for Buddhist nuns and gender equality.
In a landmark decision advancing gender equality in Sri Lanka, the Supreme Court has ordered the Commissioner General of the Department of Registration of Persons to issue a National Identity Card (NIC) to a Buddhist Bhikkhuni using her rightful religious designation, marking a critical moment for the recognition of ordained Buddhist nuns in the country.
The majority decision, delivered by Chief Justice Murdu Fernando and Justice Gamini Amarasekera, ruled that the petitioner, Ven. Welimada Dhammadinna Bhikkhuni, had her fundamental rights violated under Article 12(1) of the Constitution. The Court held that the Department’s refusal to use the title “Bhikkhuni” in her NIC amounted to unequal treatment on the basis of gender.
The controversy stemmed from the Commissioner General’s decision to replace the term “Bhikkhuni” with “Sil Matha” in official documentation, without verifying the petitioner’s monastic status from the authoritative source namely, the Chief Incumbent of the Golden Temple in Dambulla, who also served as the second petitioner in the case.
Justice Amarasekera noted that such discrimination would not have occurred if the petitioner had been male. “It is obvious that if the first petitioner had been male, she would not have encountered these difficulties,” he said. He further emphasized that the petitioner had been recognized as a Bhikkhuni by the Rangiri Dambulu Buddhist Chapter, a body acknowledged by the Government, and thus her denial of status was unconstitutional.
In contrast, Justice Mahinda Samayawardhena dissented, arguing that the judiciary should refrain from intervening in religious matters and allow such decisions to rest with religious authorities.
The case was filed under Articles 17 and 126 of the Constitution, claiming that the Department’s refusal to issue an NIC bearing the title “Bhikkhuni” infringed on the petitioner’s right to equal treatment and protection under the law. Ven. Dhammadinna had previously received higher ordination (Upasampada) from the Rangiri Dambulu Rajamaha Vihara Sangha Sabhawa, part of the Siyam Maha Nikaya.
The petitioners argued that since 1998, NICs had been issued with the title “Bhikkhuni” without incident, and that the shift to using “Sil Matha” lacked a rational explanation. Furthermore, the Department informally communicated that going forward, only the “Sil Matha” designation would be used forcing Bhikkhunis to accept a title that fails to reflect their true religious identity.
The refusal to issue NICs with the correct designation has caused significant hardship to Bhikkhunis, who are unable to engage fully in civic, legal, and administrative processes without accurate identification.
The legal team for the petitioners included President’s Counsel Navin Marapana, with attorneys Nandapala Wickramasooriya, Tharanatha Palliyaguruge, and Uchitha Wickramasinghe, instructed by Eashanie Palliyaguruge. The respondent was represented by Deputy Solicitor General Kanishka de Silva Balapatabendi.
This decision not only affirms the constitutional right to equality but also strengthens the legal standing of Bhikkhunis in Sri Lanka, where gender disparities within religious institutions remain contested. The ruling may now serve as precedent in broader debates around recognition and status of women in monastic life across the Buddhist world.
