The Human Rights Commission of Sri Lanka (HRCSL) has found that the continued detention of two Tamil-language books by Sri Lanka Customs violated the author’s fundamental rights, including freedom of expression, equality before the law and the right to use and promote his own language and culture.
The Commission has recommended that Sri Lanka Customs release all copies of the two books without further delay.
The case concerns Tamil author B. Piratheepan, who lodged a complaint with the HRCSL following the seizure of 288 copies of four books he had imported from Chennai, India. The books were titled Ippothum Inge Irandu Thesangalthaan, Elluttal Nan Yuttam Ceykiren, Bayangaravaathi and Cyanide.
According to the Commission’s findings, Sri Lanka Customs seized the books in March 2026, citing concerns that they could damage national harmony and pose a threat to national security. The authorities subsequently cleared two books, Bayangaravaathi and Cyanide, for release. However, the remaining two books continued to be detained for more than six months without a formal inquiry into their contents.
The complainant was represented by a legal team comprising Attorney-at-Law Mr. Nadarajar Kandeepan, Attorney-at-Law Dr. Viranjana Herath, Chairperson of Media Law Forum (MLF), and Attorney-at-Law H. Thamilaval Kandeepan.
An inquiry was held at the HRCSL’s Head Office on 18 June 2026, with representatives of Sri Lanka Customs, the Ministry of Defence, the Ministry of Buddhasasana, Religious and Cultural Affairs, and the Arts Council also participating.
HRCSL Raises Concerns over Prolonged Detention
During the inquiry, the Commission examined the legal grounds for continuing to detain the two books and whether the restrictions were compatible with the freedom of expression guaranteed by the Constitution.
The HRCSL observed that the relevant authorities had failed to demonstrate sufficient evidence that the disputed passages in the books were calculated to produce harmful outcomes prohibited under Section 120 of the Penal Code. It also raised concerns about the absence of a clear procedure for handling such seizures, the prolonged detention of the publications and the lack of adequate Tamil-language expertise among the relevant state institutions.
The Commission emphasised that freedom of expression includes the protection of publications that may be controversial, offensive or disturbing to some readers. Any restriction on this freedom must satisfy the requirements of legality, rationality, necessity, proportionality and reasonableness.
The HRCSL concluded that the continued detention of Ippothum Inge Irandu Thesangalthaan and Elluttal Nan Yuttam Ceykiren violated the author’s right to freedom of expression, including publication, under Article 14(1)(a) of the Constitution.
The Commission also found violations of the author’s right to equality before the law and equal protection of the law under Article 12(1), the right to non-discrimination on the grounds of language under Article 12(2), and the freedom to enjoy and promote his own culture and use his own language under Article 14(1)(f).
Commission Recommends Release of the Books
In its recommendations, the HRCSL called on Sri Lanka Customs to release all copies of the two detained books. It also directed the department to submit a report on compliance with the recommendations by the specified deadline in December 2026.
Media Law Forum’s Perspective
Media Law Forum recognises the importance of this case in the broader context of freedom of expression, media freedom, access to information and the protection of linguistic and cultural rights in Sri Lanka.
The case highlights the importance of transparent procedures, evidence-based decision-making and respect for constitutional safeguards when state authorities restrict publications. It also underscores the need for relevant institutions to have the linguistic expertise necessary to assess publications fairly and in their proper context.
MLF remains committed to promoting freedom of expression, strengthening media freedom and protecting fundamental rights. Ensuring that writers can express ideas and readers can access literary works in their own languages is essential to an inclusive and democratic society.
Read More – HRCSL Recommendation on the Detention of Tamil-Language Books – October 2026
