SC to inquire into discrimination against women at Golf Club

The Supreme Court decided to fully inquire into a fundamental rights petition filed by a female member of the Royal Colombo Golf Club (RCGC) alleging genderbased discrimination reminiscent of the Victorian era.

Notably, the court decision, by a Bench which included two lady judges, came on International Women’s Day.

The Bench comprised Justices (Ms.) Shirani Thilakawardane, P.A. Rathnayake PC and (Ms.) Eva Wanasundera PC.

Petitioner Neesha Maheswari Nirmalalingam of Havelock Road, Colombo 5 complained to Court that a number of provisions of the Constitution of the RCGC - the second oldest Royal Golf Course outside Britain - are discriminatory of its female members.

According to Ms. Nirmalalingam lady members of the RCGC are only considered as members of the “ladies section,” and not considered as “full members,” and do not have voting rights at the general meetings or at Special General Meetings.

She is seeking a court declaration that the lady members too are entitled to become full members.

The Court after hearing the parties decided to inquire into the alleged rights violations guaranteed under Articles 12 of the Constitu- tion of Sri Lanka.

Article 12 (1) states all persons are equal before the law and are entitled to the equal protection of the law, (2) No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any one of such grounds and (3) No person shall, on the grounds of race, religion, language, caste, sex or any one of such grounds, be subject to any disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels, places of public entertainment and places of public worship of his own religion.

Appearing for the Attorney General, Senior State Counsel S. Barrie objected to the petition arguing that the petitioner is complaining about a rights violation by a private institution.

By way of rights application the petitioner could only challenge rights violations due to administrative or executive actions of public institutions, she argued.

Appearing for the petitioner, President’s Counsel S.A. Parthalingam however pointed out that the respondent RCGC was registered under the National Federation for Golf in Sri Lanka coming under the Ministry of Sports.

He also pointed out that the RCGC is located on 100 acres of prime State land, in Model Farm Road, Colombo 8, on a 99 year lease of commencing from March 1, 1949 with the annual lease payment a mere Rs. 4,400 for the duration of the lease.

He submitted that either party could terminate the lease agreement giving a one year notice at the end of 66 years (2014). He also pointed out that the country’s President is the patron while the Prime Minister is the vice-president.

Counsel submitted that the RCGC is a public place in terms of Article 12(3) of the Constitution.

Practices of gender based discrimination of the RCGC and the failure of the State to take meaningful and appropriate action to prevent such discrimination amounts to executive and administrative action as the State has control over the RCGC as the lessor of the land.

He also contended that the State through the Ministry of Sports should play a regulatory and supervisory role over the club.

The country’s Constitution expressly grants equal rights to its citizens prohibiting discrimination based on gender and also gender based-discrimination with regard to access to a public place, he said.

The Constitution of the RCGC is in violation of the provisions of various treaties signed by Sri Lanka including Article 1 of the Convention on the Elimination of all Forms of Discrimination against Women, he submitted.

The RCGC Constitution is deliberately designed to favour its male members over females and contains rules of a colonial period that reflect a set of values of a bygone era.

“These are remnants of male-centric values, but not modern progressive enlightened values,” he pointed out.

Therefore, these acts of the respondents amount to a continuing violation of his client’s rights guaranteed under Article 12 of the Constitution, he argued.

It was also pointed out that the two other Golf Clubs registered with the Sri Lanka Golf Union - Victoria Golf Club and the Nuwara Eliya Golf Club - do not practice gender based discrimination. Especially, the latter which was established over 120 years ago and is comparable to the RCGC in terms of culture and tradition, does not practise similar discrimination against women.

The petitioner cited RCGC Presi- dent A. Nirmal Fernando, its Captain W. Priath Fernando, its vice captain Nimal Piyaratne, ten committee members, Sports Minister Mahindananda Aluthgamage and the Attorney General as respondents.

S.A. Parthalingam PC with N.M. Reyaz and Niranjan Arulpragasam instructed by G.G. Arulpragasam appeared for Ms. Nirmalalingam.

Senior State Counsel S. Barrie appeared for the Attorney General.

The hearing was fixed for October 1.