Peradeniya professor W.M. Thilakaratne has been barred from educational posts after a Supreme Court ruling on a harassment petition.
A Peradeniya professor has been barred from holding positions in educational institutions after the Supreme Court delivered judgment in a fundamental rights petition linked to alleged sexual harassment.
The Supreme Court has also directed the University of Peradeniya and its Council to take necessary steps to introduce and implement proper policies to prevent sexual orientation-based harassment, gender-based harassment, and sexual violence against university staff and students.
Justice Janak de Silva delivered the judgment on May 8, with Justices Priyantha Fernando and Achala Wengappuli agreeing. The ruling followed the consideration of a fundamental rights petition filed by Dr. W.A.M. Udari L. Abeysinghe.
According to the judgment, the petitioner is a surgeon and senior lecturer attached to the Faculty of Dental Sciences of the University of Peradeniya.
She filed the fundamental rights petition over an incident that occurred during the period when she was on probation as a lecturer.
During her postgraduate studies at the said medical faculty, the petitioner had worked under the supervision of Professor W.M. Thilakaratne, who was named as the first respondent in the case.
The petition stated that she had been subjected to sexual harassment and mental harassment during the period from July 1, 2017, to April 30, 2018. Following this, her mother lodged a complaint with the Vice-Chancellor of the university against the professor.
Accordingly, the Vice-Chancellor appointed an investigation committee on September 26, 2018, to inquire into the allegations.
The judgment states that the committee examined the allegations against the respondent professor and found him guilty of certain charges.
The committee report was later submitted to the University Council. However, the judgment notes that the Council decided to reject the report on May 30, 2020.
The petitioner then filed a complaint with the Human Rights Commission of Sri Lanka against that decision. She later filed the fundamental rights petition before the Supreme Court.
During the hearing, the respondents raised preliminary objections, arguing that the petition was time-barred because the petitioner had not come before court at the earliest possible opportunity.
Delivering the judgment, Justice Janak de Silva observed that while the court had to uphold that preliminary objection, it still had the power to issue orders it considered just.
The Justice pointed out that under Article 14(1)(g) of the Constitution, every citizen has the fundamental right to engage in any profession of their choice. He further noted that this right must be enjoyed without gender discrimination.
The Justice also stated that while exercising this right, there must be an environment free from sexual violence.
Accordingly, the Supreme Court bench issued several directives to the University of Peradeniya and the University Grants Commission.
The court directed that Professor W.M. Thilakaratne, the first respondent, be prohibited from accepting any paid or unpaid, official or honorary position at any university or other educational institution.
The Supreme Court also directed the University Grants Commission, all universities, and other institutions under its purview to refrain from making such appointments.
In addition, the bench issued further directives to the University Council to take appropriate action to implement and create awareness of policies aimed at preventing sexual orientation-based harassment and sexual violence against staff and students of the University of Peradeniya.
In a note written in English, Dr. Abeysinghe stated:
“This judgment is larger than a case concerning one individual.”
“I hope this ruling will in some way contribute to creating safer and more accountable spaces within our universities.”
Do you need support?
Are you a victim of sexual violence or domestic violence? Or have you witnessed someone else being subjected to sexual violence or domestic violence?
Call the numbers below for assistance.
Ministry of Women and Child Affairs
1938, Women’s Support Service
Police Children and Women’s Bureau
109, Emergency Call Number
011-2444444, Telephone Number
