The Human Rights Commission of Sri Lanka (HRCSL) has found that the continued detention of two Tamil-language books by Customs violated the author’s fundamental rights and recommended their immediate release.

In its recommendation in Case No. HRC/KIL/031/26, the HRCSL examined the decision by the Director General of Customs to seize four books imported from Chennai, India, on 27 March.

The books were Ippothum Inge Irandu Thesangalthaan, Elluttal Nan Yuttam Ceykiren, Bayangaravaathi and Cyanide, authored by B Piratheepan.

Following an assessment by the Arts Council and the State Literary Sub-Panel, Bayangaravaathi and Cyanide were released after experts classified them as works of fiction. However, 75 copies of Ippothum Inge Irandu Thesangalthaan and 147 copies of Elluttal Nan Yuttam Ceykiren remained detained.

The HRCSL observed that the authorities had failed to establish the necessary intent and likelihood of harm to justify the continued seizure under the Customs Ordinance and Section 120 of the Penal Code.

It held that the passages in question, although potentially offensive or disturbing to some readers, did not amount to direct incitement warranting such restrictions.

The Commission concluded that the continued detention constituted unnecessary and disproportionate prior censorship, violating the author’s freedom of expression and publication guaranteed under Article 14(1)(a) of the Constitution.

It also found violations of Articles 12(1) and 12(2), which guarantee equality before the law and prohibit discrimination, including on the grounds of language.

Furthermore, the HRCSL held that the seizure violated the author’s right under Article 14(1)(f) to enjoy and promote his own culture and use his own language.

The Commission recommended that Customs immediately release all detained copies of the two books.