• Five years since the attempted lifting of the law prohibiting the sale of alcohol to females, the law is applied inconsistently in urban areas

Just over five years ago, in 2018, then-Finance Minister, the late Mangala Samaraweera attempted to overturn the decades-long law prohibiting the sale of any type of alcohol to females. His announcement was met with backlash over cultural concerns and intervention from former President and incumbent Opposition MP Maithripala Sirisena, who revoked the decision and reimposed the ban. Similar reforms that would have allowed females to be freely employed in bars and liquor stores without the requirement of a permit were also repealed and any attempts at a legislative shift were quelled.

However, over the years the ban has become unregulated and there appears to be no strict enforcement, bringing into question the continued existence of the said law. Many recognise the sexist connotations of the ban, with its clear lack of enforcement displaying its futility and a common understanding of its prejudiced nature.

The ban was issued on 31 December 1979 and has remained in effect ever since. Speaking to The Daily Morning anonymously, four females disclosed that they had been refused service at stores in supermarkets in areas within and outside the Western Province. Nevertheless, none of these instances occurred in recent years and several other female residents of Colombo said that they had never been stopped when attempting to purchase liquor.

Human rights activists used this opportunity to further bring to light other instances of discrimination against females. These instances include the wide gender wage gap in the country. When evaluated by the World Bank, Sri Lanka scored 25 out of 100 on their equality in pay indicator, suggesting high levels of segregation in the workplace. Policies that outlaw discrimination continue to be insufficient with no legislation protecting females from inequality in pay, employment opportunities or access to credit, while females are prohibited from working at night or in certain industrial positions under the Employment of Females in Mines Ordinance and the Factories Ordinance.

Advocates and the general public seemed to view this as counterproductive and discriminatory. Verité Research, a strategy analysis think tank, deemed the decision unconstitutional. Quoting Article 12 of the Constitution, which states that “all persons are equal before the law” and that “no citizen shall be discriminated against on the grounds of sex”, Verité concluded that the Cabinet of Ministers’ decision “will constitute an infringement of female’s rights to equality and non-discrimination guaranteed by Articles 12(1) and 12(2) of the Constitution” as it limits the freedoms of females in comparison to males.

Another concern was the significant loss in tax revenue that the Government suffered as a consequence of such prohibitions. Excise tax revenue can reach upwards of Rs. 100 billion annually and the potential increase in income was a driving factor contributing to the Ministry of Finance’s decision to lift the ban. The recent announcement that excise taxes will be increased by 20% suggests that the Government is attempting to increase revenue through other means, the need for which would be negated following reforms. The fear of the growth of black markets that circulate harmful and more intense spirits acted as further motivation for a change, as allowing consumption in moderation would be less dangerous than the unregulated distribution of hard alcohol.

The tourism sector has declined rapidly in recent years following the Easter Sunday terror attacks, the Covid-19 pandemic, and the economic crisis, with only approximately 700,000 tourists visiting the country last year. These laws may also contribute to a further decline as female tourists are included amongst those prohibited from buying liquor, a factor that was prevalent in the decision to overturn the ban in 2018.

However, the overwhelming backlash continues, stemming from cultural ideas of preserving family values and preventing a rise in alcohol consumption. Of the 23% of Sri Lankans who frequently consume alcohol, at least 31% are prone to a “heavy, episodic pattern” and consume more than 60 g a month, according to the Ministry of Health’s Alcohol Epidemiology Report. Furthermore, an additional 40% of all alcohol consumed is illicitly obtained, hinting at even higher rates of consumption and toxicity. These unhealthy habits are applied to more than 13% of female consumers and a prevalent argument is that by encouraging sales, addiction rates will only increase.

One female who spoke to The Daily Morning said she questioned a server at a wine store to determine why they were refusing to let her buy alcoholic beverages. She was told that intoxication leads to reckless behaviour and that if females partook in such conduct alongside males, families would deteriorate and the social stability of the nation would be undermined. Traditionally, many females choose not to consume substances as a result of similar conventional views, and it is estimated by the World Health Organisation that more than 80% of the female population abstain from drinking.

These sentiments are an echo of the predominantly Buddhist public’s viewpoint and the influence of the Buddhist temples that wish to strengthen Sri Lanka’s religious culture. Under the Buddhist doctrine, alcohol consumption is viewed as immoral, and therefore, commonly, these beliefs are prioritised at the cost of economic or social welfare. The mainly Buddhist regions outside of large cities, including Colombo, are also less likely to be sensitive to gender differences and it is probable that many will support these policies.

Nevertheless, arising from these arguments are the implications that females have impaired judgement and are more prone to impulsivity and addiction than males, while they also seem to hold females to a higher religious and cultural standard than males – which has been heavily criticised. Other alternative campaigns to reduce addiction have also been implemented in recent years, such as a ban on advertisements and sports sponsorships, an increase in tax, and restrictions on alcohol sales during religious holidays.