By The Pulseline News Desk
The Human Rights Commission of Sri Lanka (HRCSL) has ruled that the fundamental rights of six Muslim female healthcare assistants were violated after the administration of the Kalmunai North Base Hospital instructed them to remove their religious attire while on duty.
In its findings issued on October 12, the Commission has concluded that the hospital administration had unlawfully restricted the employees’ freedom of religion, discriminated against them and violated their right to engage in lawful employment.
The ruling follows a complaint by six newly appointed healthcare assistants who alleged that hospital officials instructed them to remove their headscarves, long-sleeved clothing and trousers worn alongside their prescribed uniforms.
The women had reported for duty on August 6, 2026, following their appointments by the Ministry of Health. During an orientation session, hospital officials had allegedly directed Muslim female employees to remove the additional clothing.
The situation had escalated when the employees were reportedly warned that they would not be permitted to sign the attendance register unless they complied with the instructions.
According to the Commission’s findings, three of the nine newly appointed Muslim women had eventually removed their additional clothing, while the six complainants refused to do so.
The complainants had alleged that hospital officials subsequently gave them several options, including complying with the dress requirements, accepting transfers or resigning. They had also complained of verbal harassment and intimidation.
Hospital authorities, however, had maintained that they were acting in accordance with existing public administration circulars governing official uniforms.
Circulars did not prohibit religious attire
Investigating the complaint, HRCSL has 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 has also noted that another government hospital in the Ampara District had allowed Muslim female employees to wear similar attire without restrictions.
It has consequently determined that the Kalmunai hospital administration’s interpretation of the circulars was arbitrary, unreasonable and discriminatory.
The Commission has further found that transferring the complainants without conducting a disciplinary inquiry violated their constitutional rights.
The HRCSL has concluded that the actions of the hospital authorities had violated Articles 10, 12(1), 12(2), 14(1)(e) and 14(1)(g) of the Constitution, which safeguard freedom of thought, conscience and religion, equality before the law, protection against discrimination, freedom to manifest religion and the freedom to engage in a lawful occupation.
HRCSL calls for policy changes
The Commission has recommended that the hospital administration issue written instructions explicitly permitting employees to wear religious head coverings, long sleeves and trousers alongside their prescribed uniforms.
It has also called for an impartial investigation into the allegations of harassment and recommended that the six complainants be given the opportunity to return to Kalmunai North Base Hospital, with assurances that their religious attire would be permitted if they chose to resume their duties there.
In a broader recommendation with implications for the public service, the HRCSL has urged the Ministry of Public Administration to issue a new circular explicitly allowing public officers to wear religious attire alongside their prescribed uniforms, provided their faces remain clearly identifiable.
The Commission has warned that arbitrary restrictions on religious clothing could create hostile working environments, intensify tensions between communities and undermine efforts towards national reconciliation.
The hospital director and the Secretary to the Ministry of Public Administration have been requested to report on the progress made in implementing the recommendations by November 11, 2026.
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