In a landmark move, Sri Lanka’s Supreme Court has agreed to hear a fundamental rights petition by two women challenging a discriminatory Railway Department gazette that barred female applicants from applying for the Station Master post. Here’s why this decision matters.
In a significant development for gender equality and constitutional rights, the Supreme Court of Sri Lanka has allowed a fundamental rights petition filed by two female candidates to move forward, challenging a government gazette that restricts applications for the position of Station Master to men only.
The petition was filed by Ayeshani Jayawardena and Suresh Vidusha, who assert that the Sri Lanka Railways’ June 13 advertisement for 106 Station Master vacancies, which specified “male applicants only” violates Articles 12(1) and 12(2) of the Sri Lankan Constitution. These constitutional provisions guarantee equality before the law and prohibit discrimination on the basis of sex.
The women argue that excluding female applicants constitutes unlawful gender discrimination and infringes on their fundamental right to pursue careers of their choice.
Representing the petitioners, Advocate Nuwan Bopage presented arguments before the bench, stating that the discriminatory clause in the recruitment gazette is unconstitutional and must be nullified. He emphasized that public employment should be open to all Sri Lankans regardless of gender.
The petitioners have requested the Supreme Court to strike down the gender-exclusive clause and issue a declaration that their fundamental rights have been violated by the Railway Department’s decision.
After reviewing the preliminary submissions, a three-judge Supreme Court bench comprising Justices A.H.M.D. Nawaz, Priyantha Fernando, and Sampath Wijeratne granted leave to proceed with the petition.
The court has scheduled the case for hearing on August 27.
The outcome of this case could have wide-ranging implications for gender representation in public service and could set a precedent for future challenges to discriminatory employment policies in Sri Lanka.
