Colombo, October 12: The Human Rights Commission of Sri Lanka (HRCSL) has ruled that the continued detention of two Tamil-language books by Sri Lanka Customs directly violated the fundamental rights of their author and ordered the immediate release of the publications.

The ruling followed a complaint by B. Piratheepan, an author from Kilinochchi, whose consignment of 288 books printed in Chennai, India, had been seized by Customs officials over allegations that their contents could undermine national harmony.

The consignment contained four titles: Ippothum Inge Irandu Thesangalthaan, Elluttal Nan Yuttam Ceykiren, Bayangaravaathi, and Cyanide.

Although Bayangaravaathi and Cyanide were subsequently released after the Sri Lanka Arts Council classified them as works of fiction, authorities continued to detain 75 copies of Ippothum Inge Irandu Thesangalthaan and 147 copies of Elluttal Nan Yuttam Ceykiren.

During an inquiry chaired by retired Supreme Court Justice L.T.B. Dehideniya, the HRCSL found that several State institutions, including Sri Lanka Customs, the Ministry of Defence, and the Ministry of Buddhasasana, Religious and Cultural Affairs, had shifted responsibility among themselves without establishing clear jurisdiction over the matter.

The Commission observed that the initial seizure had been largely driven by a lack of Tamil-language proficiency within State institutions and institutional concerns over a book cover depicting a divided map of Sri Lanka.

In its legal analysis, the HRCSL emphasised that Article 14(1)(a) of the Constitution guarantees freedom of speech and expression, including the right to express ideas that may offend, disturb, shock, or provoke controversy among the Government or the public.

Citing Supreme Court judgments, the Commission noted that the respondents had failed to establish the necessary legal elements of an offence under Section 120 of the Penal Code, including the required elements of culpability, intent, and causation.

The Commission further clarified that criminal defamation had been abolished in Sri Lanka in 2002 and that Customs therefore had no authority to detain books merely because they contained statements considered defamatory or offensive to public officials or State institutions.

Beyond the violation of freedom of expression, the HRCSL concluded that the arbitrary and prolonged detention of the publications amounted to unlawful discrimination on the grounds of language under Article 12(2) of the Constitution.

It also found violations of Article 12(1), which guarantees equality before the law, and Article 14(1)(f), which protects the right of individuals to enjoy and promote their own culture and use their own language.

Accordingly, the Commission directed the Director General of Sri Lanka Customs to take immediate steps to release all remaining copies of the two detained publications and submit an official compliance report before 2 December 2026.

Attorney-at-Law Nadaraja Kandeephan, Dr. Viranjan Herath, and Attorney-at-Law H. Tamilvaal Kandeephan appeared on behalf of the complainant author.