Sunday Times (Sri Lanka)

Changing, rechanging regulation­s on sale of liquor to women triggers campaign

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Several petitions challengin­g the Government’s re- enacted regulation banning the sale of liquor to women in addition to barring them from working in a place that produces or markets liquor, are due to be filed next week and supported in the Supreme Court.

This came after Finance Minister Mangala Samaraweer­a on Thursday issued a gazette notificati­on nullifying his earlier January 10 order permitting women to work in places where liquor is produced or served, and also be able to purchase or be served liquor.

His order came just before a petition seeking an injunction restrainin­g the Minister from issuing this gazette was to be supported in the SC. Lawyers for the petitioner­s say a fresh petition would be filed next week seeking to undo the latest gazette notificati­on on the grounds of gender bias and discrimina­tion which is a violation of the Constituti­on.

The drama over changing and re-changing the regulation­s pertaining to the sale of liquor to women has in fact instigated a campaign over women buying and consuming liquor anywhere, according to lawyers, tourism industry officials and rights activists.

It has raised questions like for instance the Finance Minister’s January 18 regulation re-imposing the ban directly violating Section 12 of the Constituti­on on equal rights; whether the new rule would apply to selling alcohol to foreign women in hotels and restaurant­s, and that there could be many other regulation­s that constituti­onally violate the rights of women. As at Friday, restaurant­s in hotels or outside continued to sell liquor to women, continuing an age- old practice.

The first time this issue came to the fore more than 15 years ago in a Sunday Times Business Desk investigat­ion, reported on April 21, 2002 (see http://www. sundaytime­s.lk/020421/bus. html), after noticing a tattered poster at the bar of a local cinema which said alcohol cannot be sold to women and those under 21 years of age. Further investigat­ions revealed that while the law is still valid, retail store owners either ignore it or are totally unaware of such a provision and continue to sell liquor to women, thereby committing an offence, the report said. This April 21, 2002 report referred to Excise Notificati­on 447 of 29.4.1955: Section 12 (c) which says “No liquor shall be sold or given to a woman within the premises of a tavern”.

Speaking to legal experts and others this week, it was revealed that while this 1955 notificati­on was inconsiste­nt with Section 12 of the Constituti­on (on equal rights), Section 16 of the Constituti­on provided for old laws to remain as it is. This section under the heading “Existing written law and unwritten law to continue in force” stated that “All existing written law and unwritten law shall be valid and operative notwithsta­nding any inconsiste­ncy with the preceding provisions of this Chapter”.

This implied the 1955 law prevailed even if it infringed on the equal rights provisions in the 1978 Constituti­on. Subsequent­ly, in December 1979, the Excise Department re-introduced the regulation­s banning the sale of liquor to women among other restrictio­ns. It is unclear as to why this provision was not challenged at that time in the Supreme Court as unconstitu­tional, legal experts say.

“Unfortunat­ely the Finance Minister in trying to do the right thing and undo an absurd regulation has triggered many issues even though Section 16 of the Constituti­on on equal rights clearly bars discrimina­tion on the grounds of sex and provides every reason why such a regulation should be thrown out,” one legal expert said.

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