Calls for appointment of PSC to review SC ruling

Opposition condemns move as unhealthy

By Saman Indrajith

President Ranil Wickremesinghe told Parliament yesterday that the Supreme Court determination on the constitutionality of the Gender Equality Bill had violated the powers of Parliament under Article 4 of the Constitution and called for the appointment of a special parliamentary select committee to study and make recommendations for the review of that determination.

Raising a point of Order, the President said that the determination was in contravention of women’s rights and an affront to the constitutional mandate on the government to ensure foremost place for Buddhism.

The President said that the Supreme Court had engaged in judicial cannibalism with regard to its determination on the Gender Equality Bill. “The Supreme Court has ignored a certain section which the Gender Equality Bill has addressed. It has eaten up all the judgments, including one which had been given by a bench of 10 judges with regard to women’s rights. It has engaged in judicial cannibalism. The Court has also ignored an amendment to the penal code by the Chief Justice. The determination also challenges the Piriven Education Bill. I don’t propose to summon judges before Parliament, but I propose that we appoint a majority of members from the Parliamentary Women’s Caucus to the select committee,” he said.

The Opposition MPs, however, stated that the Executive should not bring the legislature and the judiciary on a collision course by appointing a PSC to review a Supreme Court determination.

TNA MP M.A. Sumanthiran said it was better to refer the Bill to the Supreme Court for a re-determination. “It is better to refer the Bill for a re-determination rather than challenging the Supreme Court. It is not a healthy move to appoint select committees to look into each determination given by the Supreme Court,” Sumanthiran said.

NFF leader Wimal Weerawansa said challenging the determinations of the Supreme Court could not be approved of as it would lead to undesirable consequences. “Why should we have a Supreme Court if we are going to challenge it every time? There is no issue with granting equal rights to women and upholding the rights of those whose gender is difficult to determine as a result of hormone disorders from which they suffer. However, we cannot endorse providing legal provisions to the mafia with regard to gender equality. Even children are given the choice to change their gender equality prevailing in Western countries, sexual organs are sold for USD 4,000 in those countries. We should not allow that kind of development in this country,” he said.

SLPP dissident MPs Dullas Alahapperuma and Ven. Athureliye Rathana Thera also pointed out that the President’s move to appoint a PSC may result in a collision between the judiciary and the legislature and such a crisis was the last thing this country needs at the present juncture.