A writ petition has been filed before the Court of Appeal challenging the circular issued by the Registrar General, which requires foreign nationals intending to get married to Sri Lankan citizens to obtain a security clearance from the Ministry of Defence.
According to the regulation, foreign nationals are required to obtain a security clearance report from the Defence Ministry after presenting reports about their criminal records within the past six months and also a health-related declaration.
The Registrar General and the Secretaries to the Ministries of Defence and Health have been named as respondents in the petition.
The petitioner claims the government is obliged under both domestic and international laws, including treaties, to respect and recognise the right of persons to marry an individual of their choice without interference of the State, and that it is irrational, illogical, and unreasonable to place any restrictions on the ability to marry a person based on nationality, the criminal status or the health status of a person.
The petitioner states the controversial circular was issued by Registrar General on the 18th of October 2021 and is effective from the 1st of January.
The petitioner requests court to issue a writ order annulling the circular which according to the petitioner violates constitutional provisions and against the law.
