News
SC dismisses challenge to gender change procedures
The Supreme Court yesterday dismissed, without taking up for consideration, a Fundamental Rights petition seeking to invalidate a circular that permits individuals in Sri Lanka to change their gender legally .
The petition had been filed by retired Sri Lanka Air Force (SLAF) Warrant Officer Shantha Jayathilake, who challenged the legality of procedures allowing individuals to alter their gender designation following medical and psychiatric assessments.
Former Presidents Maithripala Sirisena and Ranil Wickremesinghe, as well as incumbent President Anura Kumara Dissanayake, were among those named as respondents in the petition.
The petitioner alleged that successive governments, including the present administration, had facilitated gender changes through medical procedures in a manner contrary to Sri Lankan law.
Jayathilake contended that the law did not permit a person to change their sex from male to female or female to male through medical intervention in the absence of a biological basis. He further argued that individuals had been allowed to alter their gender identity on the recommendation of a psychiatrist, under guidelines issued in 2016 by the then Director General of Health Services.
The petitioner also claimed that authorities had been issuing revised birth certificates and National Identity Cards to persons who had undergone gender-transition procedures, maintaining that such actions were unlawful.
However, the Supreme Court declined to entertain the application and dismissed the petition without granting leave to proceed.
News
Move to extend judges’ retirement ages could damage Sri Lanka’s global image, warns Prof. Peiris
Former Foreign Minister Prof. G. L. Peiris yesterday warned that any move by the government to extend the retirement age of superior court judges could have serious repercussions for Sri Lanka’s international standing, particularly ahead of the next session of the UN Human Rights Council (UNHRC), in Geneva, in September.
Addressing a media briefing, organised by the People’s United Opposition, at its Flower Road, Colombo office, Prof. Peiris claimed that attempts to interfere with the judiciary, through extensions of judges’ terms, would undermine the credibility of Sri Lanka’s courts and weaken the country’s position before the international community.
Prof. Peiris said there was widespread opposition to the proposal to extend the superior court judges’ tenure by two years, with lawyers’ organisations, academics and civil society groups expressing concerns over the move.
“There is no clarity whatsoever from the government’s side,” Prof. Peiris said, claiming that unlike in other countries where such proposals were subjected to lengthy public consultations, there had been no transparency regarding the government’s intentions.
He argued that if such extensions were granted to judges, similar privileges would have to be considered for other sectors, including the public service, university academics and medical specialists.
Prof. Peiris said the issue had gained greater significance due to Sri Lanka’s engagement with the UNHRC, which he described as having established a special investigative mechanism relating to the country.
He alleged that the politicisation of the judiciary would provide further grounds for international criticism against Sri Lanka, which was already facing scrutiny over alleged human rights issues.
“The next session of the UN Human Rights Council will be held in Geneva, in September,” Prof. Peiris said. “This issue will not only affect our country internally, but will also cause serious damage to Sri Lanka internationally.”
He claimed that Sri Lanka had previously defended itself against international interventions by highlighting the independence and reputation of its judicial system.
Referring to the country’s legal history, Prof. Peiris said Sri Lanka had possessed a judiciary respected globally, citing former Supreme Court Judge Dr. Christopher Weeramantry’s tenure as Vice-President of the International Court of Justice in The Hague as an example of international recognition of Sri Lankan judicial expertise.
He said that during his tenure as Foreign Minister, he had maintained that Sri Lanka’s own courts were capable of addressing domestic issues and that foreign intervention was unnecessary.
Prof. Peiris also referred to discussions he had held with Russian Foreign Minister Sergei Lavrov and Chinese Foreign Minister Wang Yi, claiming that both had supported Sri Lanka’s position that external interference in domestic matters should not be permitted.
However, he alleged that the current situation was different, claiming that the judiciary was being politicised through selective extensions of service while vacancies remained in the Supreme Court and Court of Appeal.
He questioned why judicial vacancies had not been filled if the government’s stated objective was to reduce delays in the administration of justice.
“The responsibility of filling these vacancies lies with the executive,” he said, adding that the failure to do so could affect the international reputation of Sri Lanka’s judiciary.
Prof. Peiris also claimed that the Bar Association of Sri Lanka had repeatedly called for the vacancies to be filled, warning that the present developments could have an adverse impact on the country’s standing internationally.
He questioned whether it was justified to place Sri Lanka in a difficult international position to serve, what he described as, “a narrow and partisan political objective.”
News
Dengue surge infects 76,000, claims about 53 lives
The total number of dengue cases reported in Sri Lanka so far this year has risen to 76,044, with health authorities warning the public to remain vigilant amid a continued surge in infections.
The National Dengue Control Unit (NDCU) said 2,652 dengue cases had been reported on Sunday (19) alone, while 162 Medical Officer of Health (MOH) divisions across the country continue to be classified as high-risk dengue zones.
The latest figures indicate a sharp rise in dengue infections during the past few months, with 8,590 cases recorded in May, followed by 21,537 cases in June. A further 20,666 cases have been reported during the first 19 days of July.
The dengue outbreak has claimed 53 lives so far this year, with the case fatality rate standing at 0.07%, according to the NDCU.
The Western Province remains the worst affected region, accounting for 40,009 cases, or 52.61% of the country’s total infections. The Southern Province has recorded 11,707 cases (15.40%), while the Central Province has reported 6,431 cases (8.46%).
At district level, Gampaha has recorded the highest number of dengue infections with 15,910 cases, followed closely by Colombo with 15,110 cases. Of the Colombo District cases, 3,073 were reported within the Colombo Municipal Council area.
Matara has recorded 5,330 cases, Kandy 5,111 cases and Kalutara 5,010 cases.
Health authorities have urged the public to take preventive measures by keeping their surroundings clean and eliminating mosquito breeding grounds, particularly amid prevailing rainy conditions.The public has also been advised to seek immediate medical attention if symptoms such as fever develop, as early medical intervention is essential in preventing severe complications from dengue.
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BASL urges Justice Minister not to amend Constitution to increase retirement ages of superior court judges
The Bar Association of Sri Lanka (BASL) has urged Justice Minister Harshana Nanayakkara to refrain from taking further steps to introduce a constitutional amendment to increase the retirement ages of Supreme Court and Court of Appeal judges until meaningful consultations are held with key stakeholders in the justice sector.
In a letter addressed to the Minister, BASL President Rajeev Amarasuriya and Secretary Nalin de Silva said the proposed amendment carried “profound implications” for judicial independence, the administration of justice and the rule of law.
The BASL said it had previously raised concerns over the proposal with the government and the President, but had not received any response or official observations.
Full text of the letter: At the outset, we have become aware that you have not been well, and wish to convey our wishes for your speedy recovery.
We write this letter with reference to the above matter, which concerns a proposal of considerable constitutional significance and one that has profound implications to the independence of the Judiciary, the administration of justice and the Rule of Law.
At the outset, we respectfully request that you give due consideration to the serious concerns expressed regarding this proposal by the Bar Association of Sri Lanka (“BASL”), the wider legal profession, members of the Judiciary and several eminent Jurists and leading Lawyers’ Organisations both within Sri Lanka and internationally.
You would recall that by our letter dated 30th March 2026, we sought clarification from you to confirm whether the Government was contemplating a constitutional amendment to increase the retirement ages of Judges of the Supreme Court and the Court of Appeal
As no response was received, the BASL subsequently addressed the letter dated 25th May 2026 to the President setting out the considered position of the Bar in opposition to any such proposal.
In the said communication dated 25th May 2026,the BASL explained that the existing retirement ages of Judges of the Court of Appeal and the Supreme Court have remained unchanged since the promulgation of the Constitution in 1978 and that no compelling institutional necessity has been demonstrated to justify altering those constitutional provisions. It was further pointed out that the recent increase in the approved cadre of both Courts substantially addresses any concerns relating to judicial capacity and workload.
More fundamentally, the BASL expressed the view that any constitutional amendment directed solely at extending the tenure of sitting Judges of the superior courts would inevitably give rise to questions concerning its purpose and motivation and that such a measure would undermine public confidence in the independence of the Judiciary, such perception being built upon both the fact of actual independence, and the public perception that the Judiciary remains entirely free from influence, favour or accommodation.
The BASL also observed that constitutional amendments affecting the superior Judiciary should never be undertaken in an ad hoc manner or in response to temporary circumstances. Amendments of such constitutional importance should only be introduced where there exists a demonstrable institutional necessity, transparent public justification and broad and defensible stakeholder consultation. Public confidence in constitutional governance depends upon the process adopted as much as the substance of the amendment itself
Regrettably, we have not received any response or official observations in respect of either of the above letters.
In the meantime, this proposal has become a matter of significant public discussion and constitutional concern. It is fair to observe that the proposal has attracted unprecedented opposition from almost every sector connected with the administration of justice. The concerns expressed extend well beyond the Bar Association of Sri Lanka and include members of the Judiciary, former Judges, senior members of the profession, eminent academics and respected international legal organisations.
The concerns expressed by the above stakeholders were perhaps best encapsulated by Mr. Shyam Divan, Senior Advocate of India, Immediate Past President of LAWASIA and Vice-President of the Indian Bar Association, who recently observed:
“May I suggest a third factor which / will call the ‘Smell Test’. The Bar Association, comprising so many experienced and venerable practitioners, has a keen and well-developed instinct refined over decades. When something ‘smells wrong, as it does at this constitutional moment, citizens have a reliable guide in the BASL. The Bar Association knows something is amiss, something that compromises the independence of the Judiciary and the Rule of Law. The move to amend the Constitution by extending the retirement age of superior court Judges fails the Smell Test.”
We also note that according to a statement made by the Cabinet Spokesperson following the Cabinet Meeting held on 14th July 2026, the Ministry of Justice has been requested to submit its report and observations before Cabinet reaches a final decision on this proposal.
This development presents an important opportunity to ensure that any report ultimately placed before Cabinet reflects the views of the principal stakeholders in the justice sector who have the experience and insight to objectively provide feedback and response in this matter and all others who would be interested.
You would no doubt appreciate that, over many decades and under successive Governments, it has been the established practice of the Ministry of Justice to consult the BASL on legislative and policy initiatives affecting the administration of justice. This long-standing practice reflects the important constitutional role performed by the BASL as the representative body of the legal profession and its continuing responsibility to uphold and safeguard the Rule of Law, the Independence of the Judiciary and the proper Administration of Justice.
In fact, you are aware that the BASL is represented even presently in all other justice sector initiatives.
In our respectful view, the present proposal, involving as it does a constitutional amendment directly affecting the superior Judiciary and attracting serious concerns from both the Bench and the Bar, is a matter of exceptional constitutional importance. It ought not to be considered solely through the ordinary administrative process but should instead be informed by structured consultation with all principal stakeholders.
In those circumstances, we respectfully request that you be pleased to constitute an appropriate committee comprising representatives of the Ministry, the Judiciary, the Bar Association of Sri Lanka and such other stakeholders as may be considered appropriate, for the purpose of studying the proposal comprehensively and submitting an objective report before any further steps are taken.
We further request that a delegation comprising members of the Executive Committee of the BASL together with Senior President’s Counsel and Senior Members of the profession be afforded an opportunity to meet with you at your earliest convenience so that these matters may be discussed fully.
The BASL remains ready and willing to assist the Ministry in any consultative process that may be established. We sincerely hope that no further steps will be taken in relation to this proposal until meaningful consultation has taken place with the principal stakeholders of the justice sector,
We look forward to your favourable response.
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