TUTOR GOES TO COURT AGAINST TUITION BAN ON SUNDAYS, POYA DAYS

Wednesday, 7 August 2019

A Special Determination petition challenging the bill entitled “Holidays (Amendment)” was yesterday filed before the Supreme Court by a tuition teacher seeking a declaration that the bill shall become law only through a two-thirds majority in Parliament and the approval of the people at a referendum.The objective of the Bill is to impose restrictions on conducting tuition classes on Sundays and Poya Days.

The petitioner Sudath Diyaguarachchci, a tuition teacher by profession stated that the concerned bill was presented to Parliament and placed on the Order Paper of Parliament on July 23, 2019.The Petitioner states that Clauses 2 and 3 of the Bill (and the entirety of the Bill) violate and are inconsistent with Articles 3, 4, 12(1), 12(2), 14(1)(g) and the Directive Principles of the Constitution.

The petitioner stated that several clauses impose an irrational and arbitrary discrimination between students belonging to different religions and communities. The clauses violate the right for education of the students and right of profession, vocation and employment of the tuition teachers or lecturers. The clauses include several acts which do not attract the necessity to employ the criminal law to condemn or prevent.