A Bill Titled “Provincial of the Teaching Sisters of the Holy Cross of the Third Order of Saint Francis in Menzingen of Sri Lanka (Incorporation)”

The Teaching Sisters of the Holy Cross of the Third Order of Saint Francis in Menzingen of Sri Lanka (the Sisters) (defendants) sought legal incorporation in Sri Lanka. A member of the Sri Lankan parliament introduced a bill that would grant the incorporation to the Sisters. The Sisters intended to found Catholic churches, schools, orphanages, clinics, and homes for the aged. The bill also stated that the purpose of the corporation would be to teach and spread religion, specifically Catholicism. Anula Fernando (plaintiff) petitioned the Sri Lanka Supreme Court for a determination that the bill would violate article 10 of the Sri Lankan constitution, which provided for the freedom of religion. Fernando, who was joined by the Sri Lankan attorney general (plaintiff), claimed that because the Sisters would be providing material benefits to children, indigents, and the elderly, the Sisters would be coercing vulnerable people to adopt Catholicism. Fernando also argued that the ordinance violated article 9 of the constitution. Article 9 acknowledged Buddhism as the primary religion in Sri Lanka, and it protected the Buddha Sasana. Fernando argued that the effect of article 9 is to support the Buddha Sasana in Sri Lanka without reducing the freedom of religion guaranteed in article 10 of the constitution. Although Sri Lankans were entitled to practice any religion, propagating Christianity or any religion other than Buddhism harmed the Buddha Sasana. The petition was heard by the Sri Lankan Supreme Court.