By Palitha Ariyarathna

Synopsis:

The Clean Sri Lanka project is urged to advocate for stronger legal measures against unethical religious conversion practices. It is crucial for local Buddhist temples, government authorities, and the public to unite in preserving Sri Lanka’s Buddhist identity and cultural cohesion. Strengthening legal frameworks and raising awareness will help safeguard the nation’s religious and cultural heritage, ensuring peaceful coexistence for future generations.

The Supreme Court ruled that the Sri Lankan Constitution does not guarantee a fundamental right to propagate religion

January 13, 2025 – The growing trend of illegal and unethical religious conversions in Sri Lanka has raised alarming concerns among the Buddhist community and beyond. Areas such as the street toward the Sri Dalada Maligawa (Temple of the Sacred Tooth)and other culturally and religiously significant locations have become hotspots for missionaries and religious groups engaging in illegal activities aimed at converting Buddhists and other local populations. One of the troubling developments includes the distribution of missionary books, particularly in Dalada Street, Kandy, located just about two hundred meters from the entrance to Sri Dalada Maligawa. If such activities can occur without fear in this cultural hotspot, one can only imagine what might be happening in other locations, especially in rural villages and popular urban centers. In light of these developments, I urge Clean Sri Lanka to consider adopting stronger legal actions to safeguard the nation’s Buddhist identity and cultural heritage.

Recent observations and reports have shed light on the disturbing issue of local missionaries and religious groups attempting to spread non-Buddhist ideologies under the guise of charitable work. These activities serve as a reminder of the potential risks posed by these efforts to the religious and cultural fabric of Sri Lanka, particularly as they occur in violation of existing laws that regulate religious propagation in the country.

Religious groups, particularly local missionary groups, have increasingly engaged in deceptive religious conversions, targeting vulnerable communities in both villages and cities. These missionaries often offer monetary gain in exchange for people’s visits to their centers, effectively using financial incentives as a form of bribery. By luring individuals with material promises, these groups disrupt local communities, threatening the peaceful coexistence that has long been the hallmark of Sri Lankan society.

The Constitution of Sri Lanka, under Articles 10 and 14(1)(e), guarantees freedom of religion but prohibits any religious activity that involves coercion, manipulation, or undermines the religious and cultural integrity of the country. The practice of religious conversion through financial promises or coercion is not only unethical but also illegal under Sri Lankan law.

While some of these groups disguise their true intentions under the pretext of providing humanitarian aid or social services, their ultimate aim is often proselytism and religious conversion. This method of offering money to visit their centers acts as a bribe and undermines the social fabric of villages and cities, particularly in areas with strong Buddhist traditions. These activities, if left unchecked, could create division in communities and erode the unity that has existed for generations.

Religious propaganda that manipulates vulnerable populations through coercion, bribery, or unethical means is illegal under Sri Lankan law. The practice of religious conversion through deception or material gain undermines the religious freedom of others and disrupts the peaceful coexistence that Sri Lanka has long enjoyed.

These activities present a direct threat to the identity and continuity of Sri Lanka’s Buddhist culture, which has been nurtured for centuries. The violation of both ethical norms and national laws by certain local missionaries underscores the urgent need for stronger regulatory mechanisms to prevent these activities from gaining further ground in the country.

Image: courtesy by The All Ceylon Buddhist Congress:The first copy of the Commission Sabha Report forwarded to Rev. Udugama Sri Buddharakkita mahanayaka Thero.The unethical Commission Sabha was appointed on the day of poson in the year 2006 at the premises of most historic Mihintale. Around 348 monastic and laities have given their evidence before the commission for whole 4 year period during appointed its visit to various places throughout the Srilanka.

The All Buddhist Congress has previously raised concerns about the illegal ramifications of religious conversion efforts that employ unethical methods. These efforts highlight the potential risks they pose to the country’s Buddhist identity. The continued activism and discourse surrounding this issue further emphasize the importance of addressing the ongoing concerns regarding local missionary influence.

One of the most critical legal frameworks for addressing this issue is the S.C. Special Determination No. 19/2003, a landmark ruling by the Supreme Court of Sri Lanka. This ruling significantly impacts the understanding of religious propagation and the constitutional framework surrounding religious rights in the country.

The Supreme Court ruled that the Sri Lankan Constitution does not guarantee a fundamental right to propagate religion. This is a crucial distinction from other constitutions, such as India’s, which provide the right to propagate religion. In Sri Lanka, the Constitution guarantees individuals the right to practice, observe, and manifest their religion, but it does not extend this right to the active propagation or conversion of others to a different faith.

The Court emphasized the importance of freedom of conscience, which includes the right to follow one’s own belief system without coercion. The act of converting others could potentially infringe on an individual’s freedom of conscience by involving manipulation or coercion.

The Court noted that Sri Lanka’s Constitution recognizes Buddhism as the foremost religion, and the state has a duty to protect and foster the Buddha Sasana (Buddhist heritage). Any attempt to propagate another religion, particularly through coercive means or material benefits, could disrupt the Buddhist identity of the nation and violate the special protections afforded to Buddhism under Article 9 of the Constitution.

The ruling made clear that conversion practices that rely on deceit, coercion, or material incentives would not be protected under the Constitution. These practices threaten the social fabric and harm the national identity of Sri Lanka, especially given Buddhism’s central role in the country’s history and culture.

Article 9 of the Constitution of the Democratic Socialist Republic of Sri Lanka states that Buddhism is the foremost religion in the country and that the state is responsible for its protection and promotion. The article also guarantees that all religions are entitled to the rights granted in Articles 10 and 14(1)(e). This special protection of Buddhism reinforces the need for vigilance in maintaining the country’s Buddhist identity and the integrity of its cultural and religious values.

The Clean Sri Lanka project, with its mission to address both environmental sustainability and ethical standards across the country, has a significant opportunity to expand its focus on moral integrity. The project aims to ensure a cleaner physical environment and a nationwide moral commitment that promotes ethical principles. In light of the rising concerns surrounding religious conversion, Clean Sri Lanka can play an active role in safeguarding Sri Lanka’s Buddhist identity and cultural heritage by advocating for stronger legal protections and public awareness about the constitutional rights and the protection of Buddhism.

It is critical for Clean Sri Lanka to incorporate the principles of Environmental, Social, and Governance (EESG) into its strategic goals. This framework addresses not only physical cleanliness but also promotes the ethical responsibility of protecting the nation’s cultural and religious heritage.

There is an urgent need for Clean Sri Lanka to advocate for legal reforms that prohibit religious propagation that disrupts Sri Lanka’s social and cultural fabric. By integrating constitutional rights and reinforcing the importance of Buddhism as the nation’s primary religion, Clean Sri Lanka can help mitigate the negative impacts of illegal religious conversions.

It is important for all Sri Lankans to unite in their efforts to protect the country’s religious and cultural heritage. The growing influence of local missionary groups, particularly those engaging in unethical conversion practices, poses a threat not only to Buddhism but also to the cultural cohesion of Sri Lanka. Local Buddhist temples and religious leaders must take proactive measures to raise awareness about the ongoing missionary activities and the potential dangers they pose.

By collaborating with Clean Sri Lanka and other organizations, these temples can ensure that the public is informed and equipped to resist attempts at illegal religious conversion. Political leaders and government authorities must also demonstrate a firm commitment to protecting Sri Lanka’s Buddhist identity. As part of a national strategy to safeguard the nation’s cultural heritage, lawmakers should work together to tighten the laws regulating missionary activity and ensure that those who violate these laws face appropriate legal consequences.

The rising concerns over illegal religious conversions and the potential threat posed by local missionaries in Sri Lanka call for immediate and decisive action. Clean Sri Lanka has a unique opportunity to lead the charge in advocating for stronger legal protections and oversight to prevent religious manipulation and ensure that Sri Lanka’s Buddhist identity is preserved.

By adopting stronger legal frameworks, educating the public, and working collaboratively with local religious institutions, Clean Sri Lanka can play a central role in curbing the spread of illegal religious activities. This will not only protect Buddhism but also contribute to maintaining the peaceful coexistence of all Sri Lankans, regardless of their religious backgrounds.

As Sri Lanka continues to navigate these complex challenges, it is essential that the nation’s laws are enforced rigorously and that its cultural and religious integrity is safeguarded for generations to come. The time to act is now—Clean Sri Lanka must step forward and advocate for change.

By Palitha Ariyarathna

On the Duruthu Poya Day

References

1. The Constitution of the Democratic Socialist Republic of Sri Lanka – Article 9, Article 10, and Article 14(1)(e)
   [Source: Official Constitution of Sri Lanka, available online at: http://www.parliament.lk/en/constitution]
2. S.C. Special Determination No. 19/2003 – Sri Lanka Supreme Court ruling on religious propagation
   [Source: Supreme Court of Sri Lanka, available online at: http://www.supremecourt.lk]
3. Clean Sri Lanka Project – Vision and Mission Statement
   [Source: Official Clean Sri Lanka website: https://cleansrilanka.gov.lk/]
4. Buddhist Congress Position on Religious Conversions
   [Source: Buddhist Congress Reports and Statements on Ethical Conversion Practices, available at local Buddhist institutions]

• International Covenant on Civil and Political Rights (ICCPR) – Freedom of religion and conscience
  [Source: United Nations, available online at: https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx]