⚖️ HRCSL Rules Withholding of Hijab-Wearing Candidates' Exam Results Violated Fundamental Rights

The Human Rights Commission of Sri Lanka (HRCSL) issued a final recommendation regarding the withholding of 2024 Advanced Level exam results for approximately 70 Muslim female candidates from Zahira College, Trincomalee. • The Incident: Results were initially withheld by the former Commissioner General of Examinations over allegations that the candidates' religious attire (loose headshawls) violated rules requiring ears to be visible. • The Findings: The HRCSL found that the Department of Examinations failed to prove any rule violation or conduct a proper inquiry. Witnesses confirmed the candidates' ears were visible. The Commission ruled the decision an unnecessary, disproportionate, and unreasonable limitation on the freedom to manifest religion. • Constitutional Violations: The actions violated fundamental rights to the freedom of religion (Articles 10 and 14(1)(e)) and equality and non-discrimination (Articles 12(1) and 12(2)). • Resolution: The Department has since released the results and allowed applications for re-scrutiny. Key HRCSL Recommendations: • Conduct an impartial inquiry and take disciplinary action against officials who misrepresented facts or acted in bad faith. • Issue a clear circular ensuring the examination rule is not interpreted to restrict religious manifestation. Instructions must specify that adapted religious attire (like a loose shawl) keeping ears visible is satisfactory. • Review and ensure the adequate assignment of female invigilators, specifically including Tamil-speaking female invigilators, to exam centres in the future.