Attorney-at-Law Thishya Weragoda has filed a complaint with the Human Rights Commission of Sri Lanka pertaining to the new Government regulations that require clearance from the Defence Ministry for marriages involving foreign nationals in Sri Lanka.
He lodged this complaint after a Sunday newspaper report that there was a move by the Registrar General’s Department to impose certain preconditions to have a marriage of a foreigner registered in Sri Lanka to ensure national security.
“My children are foreign passport holders as well. One day when they want to get married, I don’t want them to be asking for permission from the Defence Secretary. They don’t need my permission to get married to anyone they want. Why should they get permission from some other person – a bureaucrat to get married to a person of their choice?”, Weragoda questioned.
He called on the Human Rights Commission to investigate this as a matter of priority since the new preconditions are illegal, unlawful, irrational, illogical, absurd, ultra vires, and unconstitutional in terms of Article 10 and 12(1).
Thishya Weragoda further called on the Human Rights Commission to direct the Registrar General not to implement the purported circular with effect from 1st January 2022.
Section 23 of the Marriage Registration Ordinance of 1907 enacts the requirements of Notice for solemnization of a marriage. Section 24 sets out the form and requisites of the Notice that is required. The purported requirement sought to be imposed by the aforesaid circular necessarily adds two further requirements, namely, a “security clearance” and a “health declaration” to Section 24 of the Marriage Registration Ordinance of 1907.
The lawyer said it is obvious that neither the Registrar General nor any official at the Ministry a Defense or Ministry of Health has been empowered by the Constitution to impose such additional restrictions by creating “laws” restricting the exercises of fundamental rights by Al persons including foreigners. The Registrar General nor any other official in any ministry do not possess any powers to make Rulks in the guise of “internal circular” after discussion had at Ministries, that affect the rights of individuals to marry persons of their choice.
