Lack of willingness on the part of the judiciary over a period of more than sixty-years to uphold the rights of minorities when public security was at stake.
By Jayantha de Almeida Guneratne, Kishali Pinto-Jayawardena and Gehan Gunatilleke – When multiethnic and multi-religious societies are confronted with challenges that test the limits of coexistence, governments may be tempted to resort to populism or political expediency. Sri Lanka’s relatively short post-independence history is unfortunately riddled with examples of such compromises. Minorities have been victimised throughout this country’s history. They have had nowhere to turn, except perhaps towards the only institution that is tasked with checking power: the judiciary. Sri Lanka’s judiciary has been called upon time and again to vindicate minority rights in the face of overwhelming oppression by the other organs of government. This study has essentially sought to examine the judiciary’s record in rising to and meeting this enormous challenge. At the […]