Sri Lanka Moves to Amend Prison Regulations on Religious Attire of Imprisoned Clergy

An interim report has been submitted by the committee appointed to update the rules, regulations and standing orders under the Prisons Ordinance, Minister of Justice and National Integration Harshana Nanayakkara has announced.

The Minister made these remarks during a special statement at the Ministry of Justice on October 14, following the submission of the interim report.

Explaining the background to the committee’s appointment, Minister Nanayakkara said a meeting had been held on October 8, 2024, under the leadership of the President, with Buddhist monks representing the three main Buddhist monastic fraternities. The discussion addressed circumstances surrounding the imprisonment of Venerable Galagoda Aththe Gnanasara Thero.

The meeting was also attended by the Minister of Justice and National Integration and the Minister of Buddhasasana, Religious and Cultural Affairs, Sunil Senevi.

Following the discussions, it was decided that a committee should be appointed to review and update the Prisons Ordinance and the standing orders and regulations issued under it.

Accordingly, the President appointed a committee chaired by W. P. Senadheera, Secretary to the Ministry of Buddhasasana, Religious and Cultural Affairs.

The other members included Piyumanthi Peiris, Additional Secretary to the Ministry of Justice and National Integration; Wasantha Ariyarathna, Additional Secretary to the Ministry of Public Administration, Provincial Councils and Local Government; Buddhist Affairs Commissioner General Gamini Senarathna; and Prisons Commissioner A. C. Gajanayake.

Minister Nanayakkara said the President had promised the Buddhist monks that steps would be taken to resolve the issue within two weeks. In keeping with that commitment, the committee has now submitted an interim report to the President, a copy of which was subsequently received by the Minister from the Presidential Secretariat.

Proposed Amendments to Prison Standing Orders

According to the Minister, the report recommends amending Prison Standing Order 356 by introducing a new provision, designated 356A, together with an additional provision to amend Departmental Order 550.

Under the proposed changes, when a Buddhist monk is admitted to prison as an inmate, the Commissioner of Prisons would be given 10 days to notify the Department of Buddhist Affairs and take the necessary steps concerning the removal of the robes worn by the monk before admission.

The Minister added that corresponding adjustments would have to be made if a member of the clergy belonging to another religion were imprisoned, so that the provisions could be applied appropriately.

A further amendment to Standing Order 550 would clarify the circumstances under which a Buddhist monk may wear robes when leaving prison temporarily for an authorised purpose.

Under the proposed provision, a monk would be permitted to wear the robes during such an authorised departure unless the relevant religious authority or monastic fraternity instructed otherwise.

The Minister identified these two measures as the central elements of the proposed amendments.

Instructions Issued to Prison Authorities

Minister Nanayakkara further stated that he had sent the interim committee report to the Acting Commissioner General of Prisons and instructed him to amend the currently applicable standing orders in accordance with the recommendations.

The proposed changes are intended to clarify procedures concerning the religious attire of imprisoned Buddhist monks and establish clearer rules for handling similar circumstances involving clergy from other religions.