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 enjoy and promote his own culture and use his own language.
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 after Sri Lanka Customs seized 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, Customs seized the books in March 2026 over concerns that they could undermine national harmony and threaten national security. Authorities subsequently cleared “Bayangaravaathi” and “Cyanide” for release, while the remaining two books continued to be detained for more than six months without a formal inquiry into their contents.
Piratheepan was represented by a legal team comprising Attorney-at-Law Nadarajar Kandeepan, Attorney-at-Law Dr. Viranjana Herath, Chairperson of the Media Law Forum (MLF), and Attorney-at-Law H. Thamilaval Kandeepan.
An inquiry was held at the HRCSL’s head office on June 18, 2026, with representatives from Sri Lanka Customs, the Ministry of Defence, the Ministry of Buddhasasana, Religious and Cultural Affairs, and the Arts Council also participating.
During the inquiry, the Commission examined the legal grounds for continuing to detain the books and whether the restrictions were compatible with the freedom of expression guaranteed by the Constitution.
The HRCSL observed that the authorities had failed to provide sufficient evidence that the disputed passages were intended to produce harmful outcomes prohibited under Section 120 of the Penal Code. It also raised concerns about the lack of clear procedures for handling such seizures, the prolonged detention of the publications and the limited availability of Tamil-language expertise within the relevant state institutions.
The Commission emphasised that freedom of expression protects publications that may be controversial, offensive or disturbing to some readers. It added that any restriction on this freedom must meet 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.
It also found violations of his 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).
In addition to recommending the immediate release of all copies of the two books, the Commission requested Sri Lanka Customs to submit a report on compliance with its recommendations by the specified deadline in December 2026.
