{"id":155926,"date":"2025-07-26T05:33:48","date_gmt":"2025-07-26T05:33:48","guid":{"rendered":"https:\/\/websitedesigns.com.au\/elankanew\/?p=155926"},"modified":"2025-07-26T05:33:48","modified_gmt":"2025-07-26T05:33:48","slug":"bhikkuni-identity-recognized-in-a-landmarking-ruling-by-arundathie-abeysinghe-2","status":"publish","type":"post","link":"https:\/\/websitedesigns.com.au\/elankanew\/bhikkuni-identity-recognized-in-a-landmarking-ruling-by-arundathie-abeysinghe-2\/","title":{"rendered":"Bhikkuni Identity recognized in a Landmarking Ruling – By Arundathie Abeysinghe"},"content":{"rendered":"

Bhikkuni Identity recognized in a Landmarking Ruling – By Arundathie Abeysinghe<\/strong><\/span><\/h2>\n

\"Arundathie<\/p>\n

 <\/p>\n

\"Bhikkuni<\/p>\n

Considered as a \u201cLandmark Ruling for Buddhists,\u201d the Supreme Court of Sri Lanka has recognized Bhikkhuni (Buddhist nuns) identity, affirming the fundamental rights of a Buddhist nun to be identified as a \u201cBhikkhuni\u201d on her National Identity Card (NIC), thereby recognizing the de facto existence of the Bhikkhuni Sangha in Sri Lanka. The case was first filed on May 31, 2013 and was argued before the bench and culminated in a judgment that both restores dignity and acknowledges history. The judgement was allowed with costs, requiring the State to cover legal expenses, considered as \u201ca rare and emphatic statement of support.\u201d<\/span><\/p>\n

The Supreme Court delivered a majority ruling in SC\/FR\/218\/2013, on June 16, affirming the fundamental rights of a Buddhist nun to be identified as \u201cBhikkhuni\u201d on her NIC, thereby recognizing the de facto existence of the Bhikkhuni Sangha in Sri Lanka and ordered the government to immediately issue identity cards for ordained Bhikkhunis.<\/span><\/p>\n

The case challenged the Department for the Registration of Persons to issue Bhikkunis an identity card since 2013 with the title “Sil Matha” or a non-ordained laywoman, instead of the ordained title “Bhikkhuni.”<\/span><\/p>\n

Currently, there are approximately 8,000 ordained nuns living in Buddhist monasteries and nunneries. The issuance of cards for Buddhist nuns has been a debated matter for years. Without identity cards, the nuns failed to cast votes in elections, get a passport, or continue higher studies.<\/span><\/p>\n

Justice E.A.G.R. Amarasekara, writing the majority judgement (concurred by Chief Justice Murdu N.B. Fernando), held that the refusal to issue a NIC identifying the petitioner as \u201cBhikkhuni\u201d was unconstitutional as it violated Article 12 (1) of the Constitution, which \u201cguarantees equality before the law\u201d, and Article 14(1)(e), which \u201cguarantees the right to practise one\u2019s religion individually or in association with others.\u201d<\/span><\/p>\n

The first petitioner in the case was Venerable Welimada Dhammadinna Bhikkhuni, representing thousands of fully ordained Buddhist nuns who lived in the shadows of official recognition for decades. The second petitioner was Venerable Inamaluwe Sri Sumangala Thero, *Mahanayaka of the Rangiri Dambulla Chapter, who, since 1998, presided over the re-establishment of the Bhikkhuni ordination within his chapter.<\/span><\/p>\n

According to scholars, the fundamental issue of the case was \u201cthe Department for Registration of Persons\u2019 refusal to issue a NIC bearing the title \u201cBhikkhuni\u201d for Venerable Dhammadinna. The Department argued that it required verification from the Department of Buddhist Affairs, a government body that does not register Bhikkhunis. The issue created a bureaucratic deadlock and denied the petitioner her right to equal recognition. Supporting the refusal were letters and opinions from the Mahanayakas of the dominant monastic fraternities, Malwathu and Asgiri Chapters of the Siyam Nikaya, Amarapura and Ramanna Nikaya who claimed that the Bhikkhuni Sangha no longer existed, and that its recognition would contravene Vinaya (monastic law) and Article 9 of Sri Lanka\u2019s Constitution, duty to \u201cprotect and foster the Buddha Sasana\u201d. Yet, Rangiri Dambulla Chapter maintained that it had legally and validly revived the Bhikkhuni Sangha in 1998, with over 3,000 Bhikkhunis residing in 237 monasteries across Sri Lanka, practising the Vinaya (code of conduct for monks and nuns) and receiving public support and state recognition through passports, exam results, and currently, identity cards.\u201d<\/span><\/p>\n

While the ruling is specific to a national identity card in Sri Lanka, this decision provides legal and institutional grounding for policy reform across public institutions, from education to counselling and temple governance. The ruling is a legal milestone and a moral turning point. The petition results in official recognition, not only for Venerable Dhammadinna but for thousands of Buddhist nuns worldwide.<\/span><\/p>\n