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HRCSL complaint filed after Kalmunai Hospital rejects Muslim staff over dress code

Authorities of a hospital in the Eastern Province of Sri Lanka have been challenged for preventing a group of newly appointed Muslim officers from reporting for duty on the grounds of their attire.

When nine Muslim women appointed as Junior Health Assistants at Kalmunai North Base Hospital went to assume duty on 6th August, the hospital’s Deputy Director, Dr. Sri Shankar, had not allow them to make entries in the reporting register, saying that they could not be allowed to report for duty in the attire they were wearing.

On the following day also, when the Muslim officers again went to the hospital to report for duty, they faced the same situation.

At the Cabinet decision press conference held by the Government Information Department on 11th August, a journalist informed the Minister of Health and Mass Media, Dr. Nalinda Jayatissa, that the group of Muslim female officers were wearing “long trousers, a long sleeve dress and a headscarf” over their uniforms.

Five of the female officers filed a complaint with the Human Rights Commission of Sri Lanka on 10th August, alleging that the hospital authorities had continuously prevented them from reporting for duty. Attorney at Law M. M. M. Mugasam, who is appearing on their behalf, told provincial journalists that attempts to resolve the issue with the hospital authorities internally had also failed.

“We met with the Deputy Director of the hospital, Dr. Sri Shankar, and another medical superintendent, Dr. Rajindran, and inquired about this. We also looked into whether this matter could be resolved within the hospital premises under a domestic method. However, it became clear to us after this discussion that there are no such easy methods,” he said.

Attorney at Law M. M. M. Mugasam said he had drawn the attention of the hospital authorities to the circular issued by the Ministry of Public Administration, Disaster Management and Rural Economic Affairs on 26th June 2019 regarding the dress code of government officials.

As stated in Public Administration Circular 13/2019(1), issued by the Secretary to the Ministry of Public Administration, Disaster Management and Rural Economic Affairs, J. J. Ratnasiri, on 26th June 2019 under the title “Dress Code for Government Officials”, officials are required to dress in “appropriate modest attire that upholds the dignity of the public service”. The circular also states that if officials dress according to any religious ritual, they may wear additional attire after dressing in official attire to confirm their religious identity, while enabling officials to clearly identify their full face, excluding the ears.

Attorney at Law M. M. M. Mugasam, who took the initiative to submit the complaint to the Ampara Regional Office of the Human Rights Commission of Sri Lanka on 10th August together with Attorney at Law Rudani Sahir, further told journalists that the Director, Deputy Director and Hospital Disciplinary Officer of Kalmunai North Base Hospital had violated the 2019 circular issued by the Ministry of Public Administration, Disaster Management and Rural Economic Affairs.

“That means there is no change or reduction in their uniform. They come in the uniform of the health workers. In addition, there are some things that need to be covered. They can make changes in the clothes they need to cover those. That is clearly stated in this circular. Therefore, it is clear that the Director of the Kalmunai North Base Hospital, the Deputy Director, the Hospital Disciplinary Officer Dr. Rajindran, the Administrative Officer and the Health Workers’ Supervisory Officer have violated this circular,” he said.

Attorney at Law Mugasam said the hospital authorities had emphasized during discussions with the lawyers that there is a separate circular for health workers and that, since there is a circular relating to clothing, it must be followed.

During the Cabinet decision press conference held on 11th August, a journalist questioned Minister of Health and Mass Media and Chief Government Whip Dr. Nalinda Jayatissa regarding the hospital authorities not allowing the group of Muslim female officers to report for duty on the grounds of their attire.

The minister said that he was not aware of the matter until that moment.

“There are still about ninety thousand people outside. Therefore, do not create unnecessary problems and disrupt the hospital service,” the minister warned with a mocking smile.

The minister also asked health workers to file complaints with the Ministry of Health if there was a problem.

Subsequently, Social Justice Party Chairman and Dehiwala Mount Lavinia Municipal Council member Arqam Munir told journalists in Colombo on 12th August that his party had complained to the Secretary of the Ministry of Health regarding the problematic situation faced by the Muslim female officers due to their attire.

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