LEGAL RECOGNITION OF BHIKKHUNIS IN SRI LANKA- A CASE STUDY OF VEN. WELIMADA DHAMMADINNA BHIKKHUNI V. DEPARTMENT OF REGISTRATION OF PERSONS AND OTHERS

Abstract

The case, Ven. Welimada Dhammadinna Bhikkhuni v Department of Registration of Persons and others (2025) provides critical insight into the legal and administrative treatment of Bhikkhunis in Sri Lanka. Despite all citizens having the constitutional right to identification via a NIC, the legal system has yet to formally recognize the status of Bhikkhunis on such documentation. This research critically analyses the contribution of this case to protect and fulfil fundamental rights of Bhikkhunis in Sri Lanka. Before this case, the Bhikkhunis in Sri Lanka were treated unequally in the event of issuing NICs by acknowledging their Bhikkhuni status. Bhikkhunis formally ordained under the Rangiri Dambulu Chapter of the Sangha Sabha are entitled to equal legal treatment with monks. However, the male monastics (Bhikkhus) routinely receive such recognition while Bhikkhunis were discriminated. Section 41 of the Buddhist Temporalities Ordinance 1931 mandates the registration of male monastics however omits provisions for Bhikkhunis, leaving no statutory mechanism for their official recognition. Despite this, Section 39A(1) of the Registration of Persons (Amendment) Act No. 8 of 2016 and Section 39(1) of the Registration of Persons Act No. 32 of 1968 authorize the collection of verification from any competent source, which has not been properly applied in the case of Bhikkhunis. The suggestion to use the title "Sil Matha" instead of "Bhikkhuni" erodes the distinct religious identity of ordained female monastics and perpetuates systemic inequality. This longstanding gender-based discrimination in Sri Lanka has not been adequately addressed by the main Mahanayake throes of the three Niakya’s, who are cited as ultimate Buddhist religious authorities. This has been a violation of the constitutional rights of Bhikkhunis including Articles 12(1) [equal protection of law] and 14(1)(e) [right to freely manifest religion and belief, including through religious identity]. Public officers’ refusal to recognize Bhikkhuni status on official documentation impaired both fundamental rights of Bhikkhunis and restricted religious expression and institutional recognition within Buddhism. This landmark Supreme Court ruling in this case upheld the constitutional right to equality, recognizing the petitioner as a Bhikkhuni and directing issuance of a corrected NIC. The majority found gender-based discrimination, while the dissent cautioned against judicial interference in religious matters. The judgment sets a vital precedent affirming that valid religious ordination must be constitutionally respected. It advances gender equality in Sri Lankan Theravada Buddhism, enabling bhikkhunis to access full civic rights. The case highlights broader institutional disparities and offers a foundation for future legal reforms bridging religion, gender, and constitutional protections.