Senaka Weeraratna Attorney at Law

Mr. Krisantha Nissanka, Attorney at Law, and Convenor of Lawyers for Buddhist Rights in an interview with Mr. Mahieash Johnney ( Ada Derana English) on June 13, 2023, explains the Buddhist point of view with respect to the current controversy on the limits of Freedom of Speech, the necessity to respect another’s religion ( without humiliating someone’s faith) and the background of Article 9 of the Constitution which is rooted in our history since the entry of Buddhism to Sri Lanka in the famous encounter between Arahant Mahinda and King Devanampiyatissa over 2300 years ago. 

visit the link below for this interview

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Article 9 – a detectable flaw in the translation

CHAPTER II – ARTICLE 9

BUDDHISM

The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly, it shall be the duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 and 14(1)(e).

Comment

Sri Lanka’s Constitution was originally drafted in SINHALA. It is the Sinhala version that prevails when there is a clash in interpretation between the Sinhala version and the English version. 

The subtitle of Article 09 in Chapter 11 of the Constitution is Buddhism 

Mr. Krisantha Nissanka, Attorney at Law, has submitted in this interview, that there is a detectable flaw in the translation of Article 9.  

In the Sinhala version, there are two clear sentences in the provision. 

In the English version, there is only one ( albeit extensive) sentence. 

The explicit direction in the second sentence of the Sinhala version 

” it shall be the duty of the State to protect and foster the Buddha Sasana” 

has been diluted in the only sentence in the English version.

This is a serious matter. 

Furthermore, the English version says 

” The Republic of Sri Lanka shall give to Buddhism the foremost place”

The Sinhala version says

” ලංකා ජනරජය ȬNJධාගමට ȝȿඛස්ථානය ȘɜනමǦෙǦ ය”.

The correct translation of this sentence in Sinhala is as follows: 

“The Republic of Sri Lanka shall give (pirinamanneya) Buddhism the foremost place”

There is no question about giving to Buddhism the foremost place. 

Ever since the introduction of Buddhism to Sri Lanka on a Poson Poya Day by Arahant Mahinda, Buddhism has enjoyed Royal ( State ) Patronage exclusively to date (except during the colonial era, 1505 – 1948, which was the darkest chapter in Sri Lanka’s history when Buddhism and its followers were the subjects of Persecution at the hands of all three colonial rulers i.e., Portugal, Netherlands and the British Empire) 

Here is another translation of Article 9 which is more accurate than the one in the Constitution. 

The Republic of Sri Lanka shall give Buddhism the foremost place. While assuring to all religions the rights granted by Articles 10 and 14(1)(e), it shall be the duty of the State to protect and foster the Buddha Sasana”

The Protection and Fostering of the Buddha Sasana within and outside Sri Lanka is a primary and historic obligation of the State of Sri Lanka.

Senaka Weeraratna

Attorney at Law