THE ENLIGHTENMENT OF FUNDAMENTAL RIGHTS IN SRI LANKA: BRINGING LAW AND RELIGION TO ONE PLATFORM

Abstract

Human rights are the basic rules that give effect to the idea of fundamental rights. Chapter three of the 1978 Constitution of Democratic Socialist Republic of Sri Lanka specifies the fundamental Rights that are entitled for every person in Sri Lanka. On the other hand, Sri Lanka is a multi-religious nation which possesses a population of all four main religions. In general, human rights are identified to be evolved from religious concepts from the very ancient times. It is in question whether all citizens of Sri Lanka enjoy the true freedom of the existing Fundamental Rights Chapter as members of different religious groups. This study intends to explore the contribution of the four main religions to the development of the regime of human rights. Qualitative data analysis was used in the means of legal research methodology by making reference to primary and secondary data. This research is on the argument that as long as the human rights have evolved from religious beliefs, the Fundamental Rights Chapter of any country should respect all the main and established religions in that country. The author also intends to evaluate some key judicial decisions in this regard. Major objectives of this research would be to examine the two facts: if the law enforces these rights and the practicality of such enforced rights. The conclusion of this research contains few recommendations to the existing fundamental rights regime.