The Gendered Dimensions of the Right to Information in Post-Conflict Sri Lanka

Human Rights Research Center
2 hours ago
34 min read

January 29, 2026

Introduction

The Right to Information (RTI) is a basic human right,^[1] an essential concept necessary for any individual’s right to life. In Sri Lanka, the adoption of the Right to Information Act (RTI Act; the Act) No. 12 of 2016 marked a significant advance for democracy due to its protection of civil and political rights, socio-economic entitlements (which are dependent on information access), and the broader freedom to seek, receive, and impart information. According to Mario Gomez, a leading Sri Lankan legal scholar, “one of the innovations of the past 30 years has been the creation and subsequent use of the 'right to information' to deepen democracy, enhance citizen participation and generate transparent systems of governance."^[2] Despite its potential, implementing the Act has been stymied by various hurdles such as, but not limited to, the following: limited public awareness; poor record-keeping systems; digital and language barriers; and the politicisation of national institutions.

In post-conflict societies, RTI takes on an even more urgent social justice dimension. Sri Lanka’s recent political history was shaped by nearly three decades of civil conflict between the State and the Liberation of Tamil Tigers of Eelam (LTTE), which was subsequently followed by years of centralised governance, militarization, and deep-seeded ethnic mistrust. Post-conflict societies often grapple with unresolved grievances, unequal access to state institutions, and longstanding patterns of exclusion that silence marginalized communities, particularly ethnic minorities, women, and those in conflict-affected regions. RTI becomes a tool not merely for transparency, but for rectifying informational asymmetries that have historically shielded abuses from public scrutiny, impeded truth-seeking, and limited citizens’ ability to claim rights or challenge discriminatory practices.^[3] In such settings, access to information supports social justice by enabling communities to demand accountability for past violations, monitor resource distribution in reconstruction efforts, expose corruption and misuse of public power, and participate more equitably in governance processes from which they were previously excluded.^[4]

Furthermore, armed conflict often exacerbates gender inequalities, disrupts civil administration, and restricts the flow of information, disproportionately affecting women who experience heightened marginalization during and after conflict.^[5] This marginalization is seen via certain communities facing reduced mobility due to instability and militarisation, which particularly limits women’s ability to seek information or interact with state institutions. Weakened civil administration disrupts services that women rely on, while increased gender-based violence creates a greater need, but fewer accessible channels, for information on protection and support. Together, these factors deepen pre-existing gender inequalities. For many women, particularly war widows, female heads of households, victims of conflict-related sexual violence, and those searching for disappeared family members, access to information is not merely a democratic right but a prerequisite for securing reparations, accessing public services, reclaiming land, rebuilding livelihoods, and participating in public life.^[6]

In the context of Sri Lanka’s status as a post-conflict state, RTI acts as a transformative tool that can bridge the gap between marginalized communities, such as women, and the state.. By guaranteeing access to state-held information, the provisions given in the RTI Act enable women to navigate previously inaccessible institutions, particularly in areas related to welfare, land rights, personal documentation, and justice. Importantly, RTI also strengthens marginalized peoples’ civic agency by creating structured pathways to demand transparency and participate more meaningfully in rebuilding governance structures.^[7] Given that women are heavily impacted by inequality in post-conflict societies, a gender-responsive understanding of RTI is essential for maintaining social progress in Sri Lanka’s post-conflict environment. By critically analysing the current state of RTI in Sri Lanka and comparing it with international benchmarks, this article aims to outline practical solutions to enhance the existing law through a gendered lens.

The RTI Framework

Conceptual Framework

The right to information (RTI) encompasses the right to seek, receive, and impart information, and should not be regarded as the same as ‘freedom of information’ (FOI) despite its overlap.^[8] The scope of RTI includes access to government documents, data, and records, as well as the ability to request information on policies, decisions, and actions that impact society.^[9] RTI connotes a positive articulation of rights; individuals have a right to receive information, and the state has a corresponding duty to provideinformation.^[10] Stemming from the belief that access to information is a key element of the “overall global trend towards more open government,”^[11] the theoretical underpinnings of this right emerge from the idea that popular sovereignty requires a transparent governance system.^[12] Based on the principle that informed citizens contribute positively,^[13] the notion of RTI seems to have coincided with the movement towards establishing a more participatory form of democracy.

While RTI is recognised by human rights practitioners and legal theorists as a positive right that empowers citizens to seek and receive information,^[14] it must also be understood through a gendered lens. The ability to meaningfully exercise the right is shaped by structural inequalities, socio-cultural norms, gendered divisions of labour, and unequal access to resources.^[15] Feminist legal theory highlights that rights frameworks frequently assume equal capability of individuals to claim rights, ignoring disparities in literacy, mobility, economic independence, and social power.^[16] As such, RTI cannot be treated as a gender-neutral right; rather, it is deeply interconnected with gender equality, political participation, and the redistribution of power. When conceptualized as a tool for dismantling patriarchal gatekeeping and enabling women’s access to justice, the RTI becomes critical for advancing substantive equality, especially in societies emerging from conflict.

International Legal Framework

The United Nations General Assembly Resolution 59(1) recognizes freedom of information (FOI) as a fundamental human right, emanating from the “right to truth,” which has customary international law status.^[17] The Universal Declaration of Human Rights^[18] and the International Covenant on Civil and Political Rights^[19] (ICCPR) include RTI as part of freedom of expression (FOE). The Sustainable Development Goals emphasize public access to information as well.^[20] The RTI is recognized in various regional human rights frameworks. The African Charter affirms the right to receive information,^[21] while the American Convention on Human Rights guarantees the right to seek, receive, and impart information.^[22] The European Convention on Human Rights has been interpreted to include the right to access information held by public authorities as well.^[23]

Under case law, beyond Sri Lankan borders, such as Houchins v KQED,^[24] the constitutional right to access government records was upheld. A similar decision was made in Claude Reyes et al. v. Chile,^[25] stating that exceptions should comply with the principles of legality, specificity, necessity, and proportionality.^[26] In Gauthier v Canada,^[27] the ICCPR Committee expressed that Article 19 implies that citizens shall have wide access to information and the opportunity to disseminate information. Sri Lankan RTI bodies have not formally adopted Houchins, Claude Reyes, or Gauthier as binding precedent, though those international decisions continue to shape comparative legal understanding and advocacy around the RTI.^[28]

Although the cases mentioned above have not been expressly cited in Sri Lankan decisions, jurisprudence from India and the European Court of Human Rights (ECHR) has nonetheless played a significant role in shaping the interpretation and implementation of RTI in the country. Indian Supreme Court decisions, such as Lok Prahari v. Union of India,^[29] have been particularly influential, establishing that asset declarations and other disclosures are essential for democratic accountability, a principle later cited in Sri Lankan cases like Transparency International Sri Lanka v. Presidential Secretariat.^[30] Similarly, the ECHR’s decision in Wypych v. Poland^[31] demonstrated that the public interest in transparency can outweigh privacy concerns, providing persuasive guidance for Sri Lankan contexts where privacy is frequently cited as a basis for exemption. Even comparative RTI jurisprudence from India, such as the recognition in State of Uttar Pradesh v. Raj Narain^[32] that the right to information is implicit in constitutional freedoms, has informed Sri Lankan legal and policy discourse, helping to define both the scope and purpose of citizens’ access to information.^[33]

International human rights law further underscores that women’s access to information is essential in post-conflict governance and peacebuilding. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), particularly Article 7, recognises that women’s equal participation in public life requires access to state-held information.^[34] Moreover, the Women, Peace and Security (WPS) agenda, beginning with United Nations Security Council Resolution 1325, explicitly calls on states to ensure women’s access to information related to peace processes, reparations, transitional justice mechanisms, missing persons procedures, and public services. The “right to truth” is especially relevant for women whose family members disappeared during conflict, as women disproportionately lead the search for information about detention, disappearance, and military conduct.^[35] From this perspective, RTI is not merely an administrative right but a central pillar of gender-responsive post-conflict justice, ensuring transparency and enabling women to participate as equal actors in rebuilding society.

Domestic Legal Framework

The international legal framework on the RTI significantly influenced the domestic level’s development of the law, predominantly through the country's obligations under the ICCPR.^[36] Sri Lanka, being ranked 4th in the Global Right to Information Rating,^[37]shows commitment to the full realization of RTI and can be construed as a step in the right direction.

Constitution (1978)

The 19th Amendment to the Constitution included the RTI under Article 14A and may be considered the first tangible legislative victory for a campaign that had hitherto endured numerous disappointments in the past.^[38]

RTI Act

The Act marked a transformative change in the country's legal landscape, strengthening participatory democratic processes. At the heart of the Act lies the principles of maximum disclosure and minimum exemptions;^[39] meaning a presumption in favour of access to information exists, and any refusal must be justifiably grounded in one of the specified exemptions. Interestingly, even where an exemption applies, there is a public interest override that can compel the release of information if it is deemed that the benefits of disclosure outweigh any potential harm.^[40] Moreover, the Act obligates public authorities to maintain records in an organized manner and publish updated directories of information periodically.

Furthermore, Gazette Notification 2017, Regulation 20 outlined the proactive disclosure duties cast on Public Authorities.^[41] These duties require Ministers to disclose their activities, mandate the submission of annual reports on the implementation of the Act, and ensure that Public Authorities provide regular information to the public.^[42] This regulatory framework is significant because it is a move which can be seen beyond a reactive, citizen-initiated model of information access, embedding a culture of transparency and accountability within government institutions. By obligating authorities to proactively release information, there is a watchdog effect in place to monitor public officials. In the post-conflict Sri Lankan context, such mechanisms are crucial for fostering trust in state institutions and promoting participatory governance.

RTI Commission

Another pivotal aspect of the RTI Act is the establishment of the RTI Commission under Part IV, which oversees its implementation, compliance and ensures its effectiveness. By resolving appeals against non-disclosure and addressing grievances, the Commission serves as a strong enforcement mechanism that significantly bolsters the RTI.^[43] Since the Commission is a specialized, quasi-judicial body that serves as the primary external appeal level for citizens denied information by a government office; it focuses on fact-finding and the immediate release of documents in an informal, low-cost setting.^[44] In contrast, the Courts (Court of Appeal) act as a final legal supervisor, hearing cases only after the Commission has issued a ruling. While the Commission ensures administrative transparency, the Courts handle formal legal challenges regarding the interpretation of the law itself.

Case Law

RTI in Sri Lanka has been recognized as an implicit right in various cases before the 19th Amendment.^[45] For instance, in Fernando v. The Sri Lanka Broadcasting Corporation,^[46] the court underscored the public’s interest in accessing information held by state-owned media institutions, highlighting transparency as integral to democratic governance. Similarly, the Galle Face Green Case,^[47] affirmed citizens’ right to obtain information concerning the use of public spaces, reinforcing the principle that public resources and decisions affecting the community should be open to scrutiny. Following the introduction of 14A through the 19th Amendment to the Constitution, the Supreme Court explicitly recognized the right to secure information from a public authority in respect of a public matter in Nalin de Silva v Ranil Wickremasinghe,^[48] marking a constitutional endorsement of RTI and strengthening citizens’ legal ground to demand access to government-held information. Subsequent cases, such as Chamara Sampath v. Sri Lanka Parliament^[49] and Manohari Pelaketiya v. Secretary, Ministry of Education & Ors^[50] further emphasised the centrality of citizens’ right to information in ensuring accountability, particularly in legislative and administrative contexts. Moreover, the RTI Commission has established itself as a body of standard-setting jurisprudence in the context of RTI-related decisions as well.^[51] In the case titled Air Line Pilots Guild of Sri Lanka v. Sri Lankan Airlines,^[52] the Commission affirmed the obligation of public authorities to disclose information relating to employment and operational decisions, reinforcing transparency within state-affiliated enterprises. In Dileep Amuthan v. Ministry of Defence,^[53] the RTI Commission stressed that national security concerns cannot be used as a blanket justification to deny access, setting important limits on exemptions to RTI. The case ofTharindu Jayawardena v Bureau of the Commissioner-General of Rehabilitation^[54] highlighted citizens’ right to obtain information on public benefits and rehabilitation programs, particularly relevant in post-conflict settings. Finally, Transparency International Sri Lanka v. Presidential Secretariat^[55] underscored the importance of disclosing asset declarations and other information crucial to public accountability, demonstrating the role of RTI in combating corruption. Collectively, these decisions have contributed to cultivating an RTI culture in the country.

Although Sri Lanka’s RTI Act is regionally acclaimed for its comprehensive scope, proactive disclosure requirements and establishment of an independent Commission,^[56] the domestic law does not directly address gender-specific obstacles that impact women in conflict-affected regions. Women in the Northern and Eastern Provinces, many of whom became heads of household after the Sri Lankan civil war, regularly face difficulties accessing information relating to land restitution, reparations, microfinance, social welfare, and missing persons documentation.^[57] Linguistic barriers persist, especially when Tamil-speaking women attempt to navigate Sinhala-majority bureaucracies.^[58] These barriers make it difficult to understand official forms, submit requests, or follow up on information, often requiring intermediaries or translators, which can compromise privacy and slow access to critical services. The challenge is compounded for women with limited literacy or digital skills, effectively restricting their ability to exercise their RIT and participate fully in governance processes. As a result, these language differences reinforce existing social and gender inequalities and limit the practical impact of RTI for minority communities. Mobility restrictions, safety concerns, and social stigma further prevent women from approaching public authorities to file RTI requests. Additionally, documentation gaps created by displacement, the loss of personal records during conflict or natural disasters, or the death of male family members (owing to patriarchal intestate succession laws) often impede women from proving their identity or entitlement in administrative procedures. In Sri Lanka’s war-affected regions, many women heads of households struggle to access land deeds, identity cards, or social welfare documentation, which are frequently required to request information or claim state benefits.^[59] These bureaucratic obstacles not only hinder their ability to exercise their RTI but also exacerbate economic vulnerability and social marginalisation, leaving women dependent on intermediaries and reducing their agency in decision-making processes. RTI Commission data from 2017-2021 reveals pronounced gender disparities within filing patterns, with women comprising only 15-20% of total requests nationally, dropping to under 10% in conflict-affected districts like Jaffna and Batticaloa, where requests are often related to land restitution and missing persons inquiries.^[60] These low participation rates do not indicate a lack of interest, but rather suggest structural and social barriers that restrict women’s ability to file requests.

Consequently, while the demand for information among women is likely substantial, their actual engagement with the RTI system remains severely constrained. Complimenting these findings, a 2019 survey conducted by Survey Research Lanka examined public awareness and attitudes toward the RTI in Sri Lanka, revealing that approximately 73% of respondents recognised RTI as a key citizen right, while only 4 out of 10 citizens were aware of the existence of the RTI Act as a law that gives effect to the right. The survey also identified gender and ethnic disparities. 49% of men were aware of the Act compared to 37% of women, and awareness among Sinhalese (48%) and Muslims (29%) was higher than among Tamils (19%). Interestingly, according to the survey, the highest number of citizens who had actively sought information were from the Northern, Eastern, and Central Provinces, regions affected by the civil war.^[61] These statistics highlight a significant gap between awareness and utilisation, suggesting that socio-economic obstacles and bureaucratic inertia continue to inhibit citizens, particularly women and marginalised groups. Moreover, a more recent study conducted in 2023 by the Peace Research Institute Oslo on gendered violence notes that structural inequalities in access to resources exacerbate women's exclusion from information mechanisms.^[62] These insights demonstrate RTI's failure to reach marginalized women sufficiently, taking into account citizens’ intersectionalities. Further, these challenges illustrate that without gender-sensitive administrative practices and proactive disclosure targeted at conflict-affected communities, Sri Lanka’s RTI framework cannot be fully realised as a social justice instrument.^[63]

RTI: Tool for Social Justice?

Social justice encapsulates the aspiration for a society that grants equality in treatment and opportunity.^[64] The RTI is closely related to each of the five principles of social justice, which are access to resources, equity, participation, diversity, and human rights.^[65] It promotes access to resources by revealing information on public services and welfare programs, and fosters equity by reducing informational gaps that disadvantage women, minorities, and marginalized communities. RTI enhances participation by enabling citizens to engage with decision-making and expanding civic space towards active citizenship, supports diversity by ensuring information reaches multiple communities and social groups, and upholds human rights by making freedom of expression meaningful and facilitating claims to civil, political, and socio-economic rights. In the context of public administration, social justice requires the redistribution of power because entrenched bureaucratic hierarchies often concentrate decision-making authority in the hands of a few, limiting citizens’ ability to influence policies and access resources equitably. By redistributing power through the operationalization of RTI, the citizenry has the knowledge and capacity to claim their rights.^[66] This redistribution enhances individual and collective well-being by making governance more transparent, responsive, and inclusive, reducing exploitation or neglect, and enabling citizens to participate meaningfully in shaping the policies and services that affect their lives.^[67]. If that is the case, for such an ideology to materialize into action, informed citizenry stands as a pivotal element.^[68]

Granting individuals and communities access to information aids in understanding the extent of their rights, empowering them to make informed decisions, participate in decision-making processes and hold authorities accountable.^[69] This access is particularly important for vulnerable populations, as it levels the playing field and amplifies the voices of the marginalized.^[70] It reduces the informational disadvantages that often keep them excluded from state processes. When marginalized groups gain access to information about services and entitlements, they are better able to claim their rights, contest unfair treatment, and challenge corrupt administrative practices. Information equips them to participate on more equal terms with powerful actors, transforming them from passive recipients of governance into active rights-holders.^[71] In doing so, it strengthens their capacity to articulate their needs, demand accountability, and influence public decisions that directly affect their lives, thereby amplifying their voices within systems that have historically sidelined them.^[72] This knowledge allows citizens to broaden perspectives, challenge discriminatory narratives, demand equal treatment, dismantle systemic barriers and prejudices, and advocate for human rights such as freedom of expression. Accurate information about governmental mechanisms and services is crucial for communities, as it enables them to understand how public institutions function, identify the benefits and protections to which they are entitled, and navigate administrative systems effectively, thereby reducing vulnerability to misinformation, bureaucratic gatekeeping, and unequal treatment. For example, the public’s scrutinizing budgets for social programs can be vital as the RTI provides a mechanism through which citizens can monitor and advocate for fair and transparent resource allocation, a core tenet of social justice.^[73] Additionally, through proactive disclosure by governments, made possible by strong RTI laws, citizens gain unprecedented access to workings that may otherwise have remained shielded from public scrutiny. Such openness is integral in correcting systemic inequalities embedded within societal structures because transparency tends to expose patterns of exclusion, discriminatory practices, unconscious biases and uneven allocation of public resources that would otherwise remain obscured.^[74] In this sense, openness functions not merely as an administrative value but as a corrective mechanism for entrenched social imbalances.

Issues and Challenges

An assessment of the RTI law in Sri Lanka conducted in 2019 revealed that several challenges in implementation hinder its full potential.^[75] The table below briefly highlights the challenges faced.

Issue	Description
1. Legal Gaps and Ambiguities	● *Absence of legal provisions* e.g. – In the inspection of public authorities, administering penalties for noncompliance, or awarding compensation.^[76] ● *Lack of Clarity and Specificity leading to misinterpretation^[77]* e.g.- scope of exemptions, the definition of ‘larger public interest’ ● The existence of conflicting legislation e.g. - A report by the United Nations Development Programme reviews conflicting legislative provisions with Article 14A of the Constitution and the RTI Act, focusing on potential limitations to the right due to these inconsistencies.^[78] ● Insufficient power of the RTI Commission to conduct inspections of public authorities.^[79]**
2. Administrative Hurdles	● *Language Barriers* - Though the Act allows an applicant to file an information request asking for information in the ‘language of preference’,^[80] it does not compel a public authority to give the information in that preferred language.^[81] ● *Ineffective Record Management* - A key factor causing the low proactive disclosure is the absence of modern record management and the near absence of proper identification of ‘records’ or ‘information’ generated by public authorities by indexing and cataloguing.^[82] ● *Funding and Independence of the Commission* - The fact that the Sri Lankan RTI Law provides for the commission’s budget to be taken from the Ministry of Finance has been noted by experts to be extremely problematic.^[83] ● *Limited capacity of officials and other resource constraints^[84]* ● Lack of a Proper Monitoring and Evaluation System** - The absence of standard appraisal methodology and robust monitoring mechanisms leads to inefficiencies, delays, and inconsistencies in accessing information.^[85]
3. An ingrained culture of secrecy	● *Limited Proactive Disclosure Practices* - This is deeply rooted in fundamental negativities that define the working of the public service,^[86] rooting back to issues such as over-politicization, digital manipulation of information and bureaucratization.^[87] ● *Balancing* *Competing Rights* - Challenges arise when trying to balance the public right to know with the private right to privacy and security.^[88] ● *Fear of Reprisals* - Intimidation through over-monitoring, harassment, attacks and baseless investigations poses significant obstacles to the smooth and effective implementation of the RTI.^[89]
4. Stakeholder Participation	● *Lack of Public Awareness and Education* - This deficiency in understanding can be attributed to various factors, such as literacy challenges, cultural barriers, and limited resources for disseminating information.^[90] ● *Limited Involvement by NGOs and the Private Sector* - Despite mandating compliance with the Act by these entities under the Gazette Notification 2017, the private sector and NGOs need more routine information disclosure practices. The enforcement of the law is crucial for private organizations to benefit citizens and foster development through rule of law adherence.^[91]

In addition to the general challenges identified, women emerging from post-conflict settings encounter a distinct set of obstacles that impede the meaningful exercise of their right to information. Low literacy rates, limited digital literacy, and unequal access to technology disproportionately affect women, particularly those who were displaced or widowed during the war.^[92] Cultural norms discouraging women from interacting with male officials further inhibit their ability to seek information. In heavily militarised regions, women experience fear, intimidation, or surveillance when attempting to question state authorities, creating a chilling effect on the use of RTI.^[93] The absence of gender-sensitive RTI officers, safe spaces for women to file requests, and proactive disclosure on issues relevant to women underscores the structural nature of these barriers. Importantly, an intersectional lens reveals how ethnicity, religion, and disability compound RTI barriers for Sri Lankan Muslim and Tamil women in post-conflict settings. For example, war-affected Muslim women in the East encounter compounded discrimination in Sinhala-dominated bureaucracies.^[94]The United Nations Population Fund’s Rapid Gender Analysis for Sri Lanka in 2022 documented how economic crises exacerbate "pre-existing gender and intersectional inequalities," noting heightened risks for ethnic/religious minority women (Tamil/Muslim), widows, and LGBTIQ+ groups in accessing public services and information.^[95] Further, in a draft paper titled ‘Women in New Media in the Margins of the Sri Lankan State’, the authors explore gendered ICT access as a proxy for information rights, highlighting controls mediated by "caste, religion, ethnicity, income, education, age" that limit marginalized women's RTI engagement.^[96] Addressing these gendered and intersectional challenges is essential for ensuring the RTI fulfils its social justice mandate.

A Comparative Analysis - India

In 1958, the Indian Supreme Court recognized the “right to know” as a component of the right to free speech.^[97] In L.K. Koolwal v State Of Rajasthan And Ors.,^[98] the court stated that the people cannot form an opinion unless they have free access to information. The case of Union of India v Association for Democratic Reform^[99] recognized RTI as a fundamental right. Against this backdrop, India has a progressive RTI regime primarily enshrined in the Right to Information Act 2005, which catalyzed change in the country and can serve as a blueprint for Sri Lanka. Though the Indian RTI regime is outranked by Sri Lanka in the global RTI rating, there are several key lessons and best practices that can be gleaned from India's experience.

Proactive disclosure was seen to be implemented better at lower administrative levels than at higher levels in Sri Lanka,^[100] while India focused on a holistic approach to disseminating information by their public authorities at all levels actively.^[101] This may be due to the fact that local offices typically handle more direct service delivery functions that require routine public communication, making transparency a practical necessity for day-to-day administration. Moreover, lower-level officials often face stronger community-level scrutiny and interact more frequently with citizens, creating social pressure to comply with disclosure obligations. In contrast, higher administrative tiers tend to manage politically sensitive information, maintain more hierarchical decision-making structures, and exhibit greater institutional resistance to transparency due to concerns over accountability, political repercussions, or bureaucratic inertia. As a result, compliance with proactive disclosure requirements tends to weaken as one moves upward in the administrative hierarchy. Having a more comprehensive approach to proactively disclosing information, the Indian RTI Act uses various methods such as notice boards, newspaper advertisements, radio and TV broadcasts, and public announcements. Additionally, India's RTI Act includes provisions for the dissemination of information in simple language, which is particularly important for citizens who may not have a high level of literacy or understanding of complex legal language.^[102] This ensures that citizens are aware of their rights, discouraging corrupt officials from trying to conceal information or avoid scrutiny. In terms of exemptions, the Indian RTI appears to be stronger than Sri Lanka, having at least 16 information categories that are mandatory for public authorities to disclose.^[103] Additionally, Sri Lanka can emulate India's efforts in capacity-building for government officials, which will also aid in bettering proactive disclosure initiatives. By providing appropriate training, Sri Lanka can enhance the effectiveness of its implementation and ensure that public officials are equipped to facilitate greater transparency.^[104] Also, the process should be user-friendly and cost-effective to encourage more people to exercise their RTI. In India, no fees are charged to persons living below the poverty line per Section 7(5) of the Indian RTI Act.

Concerning how to deal with non-ostensible clauses, guidance can be found in the Indian case of Ashok Marketing Limited v. Punjab National Bank,^[105] which stated: “that in the case of inconsistency between the provisions of two enactments, the conflict has to be resolved by reference to the purpose and policy underlying the two enactments and the clear intent conveyed by the language of the relevant provisions therein." A similar view was held in E.P.F.Commissioner v O.L.of Esskay Pharmaceuticals.^[106] The Sri Lankan RTI Commission has upheld the overriding effect of Section 4 in recent cases.^[107]

Most importantly, India has made significant strides in implementing the RTI compared to Sri Lanka, particularly in terms of monitoring and evaluation. India's RTI Act has a robust monitoring and evaluation system, which includes regular audits, inspections, and reporting requirements for public authorities.^[108] In contrast, as previously mentioned, Sri Lanka's RTI Act lacks a proper monitoring and evaluation system, which leads to inefficiencies, delays, and inconsistencies in accessing information.^[109]

In terms of the gendered dimensions, India's RTI Act of 2005 offers a robust comparative benchmark, demonstrating how gender-sensitive provisions amplify RTI's transformative potential in conflict zones akin to Sri Lanka's. While primary source verification of individual cases is often constrained by privacy and security considerations inherent to fragile areas, scholarship and field reports confirm its functional role in mitigating governance deficits.

In conflict-affected regions such as Jammu & Kashmir, Chhattisgarh, and the North-East, RTI has been strategically employed by women, often supported by civil society organizations, to combat structural corruption and administrative opacity that disproportionately affect female-headed households and survivors. Women’s groups have used RTI to access information on welfare entitlements, widow pension disbursements, ration cards, first information reports and compensation schemes.^[110] Civil society movements like the Mazdoor Kisan Shakti Sangathan (MKSS) mobilised large numbers of rural women who used RTI to hold local officials accountable for corruption in employment and food distribution programmes.^[111] India has also implemented simplified application formats, community information centres, and awareness campaigns targeted at women, recognising that literacy and mobility barriers can prevent women from lodging RTI requests.^[112] The Act, therefore, functions not merely as a transparency law, but as a key enabling legislation for women in fragile contexts, allowing them to transform information asymmetry into a lever for legal and economic security, a fundamental step in post-conflict recovery and the establishment of responsive governance.^[113]These experiences provide useful insights for Sri Lanka, indicating the importance of decentralized outreach, gender-sensitive training for officials, and proactive disclosure tailored to marginalised women in post-conflict regions.

Conclusions and Recommendations

The potential impact of improved RTI on governance, democratic participation, and social justice in Sri Lanka cannot be stressed enough. Therefore, a critical analysis of the RTI in the country requires a multifaceted approach that delves deep into historical, comparative, legal, and stakeholder perspectives. In particular, incorporating a gender-responsive and conflict-sensitive approach to RTI is indispensable for achieving its full transformative potential. As the country continues to navigate the complexities of post-conflict recovery, expanding women’s access to information is essential for ensuring equitable governance, safeguarding human rights, and enabling meaningful participation in public life. Strengthening the RTI framework to address gendered barriers will therefore not only enhance transparency and accountability but also contribute to the broader pursuit of social justice. Thus, Sri Lanka needs to commit towards reforming existing laws or enacting stronger mechanisms in line with international standards to ensure that the RTI of vulnerable groups in Sri Lanka is protected.

To overcome the challenges in exercising RTI, robust legal frameworks alongside vigorous civil society advocacy rooted in the cited principles of social justice are required. As such, it is recommended that legislators and policymakers consider amending legislation contrary to the RTI regime as the more prudent course of action. However, considering the large volume of conflicting laws, amending each proves difficult. Hence, legislation based on the immediacy of the need to reform needs to be prioritized.^[114] To do this, international guidelines can be utilized. The United Nations Office of the High Commissioner for Human Rights released a report focusing on good practices for establishing national normative frameworks that foster access to information, emphasizing the importance of the State as a promoter of integrity in public information and the need for measures to keep the public informed, especially during crises like the COVID-19 pandemic.^[115] Reports published by international organizations and local institutions serve as strong sources for understanding the complexities of the RTI framework as well.

Moreover, suitable administrative and policy measures to improve implementation need to be undertaken. Under each assessment area, manuals and infographics can be developed and distributed while workshops are conducted to train relevant public officials. Also, providing a standard technological software solution to all public authorities to calculate timelines from the date of receipt of an RTI will help make the process more efficient.^[116]

Initiatives to inform the public will aid officials in carrying out their duties effectively as well. Calls to bridge the digital divide and increase computer literacy since information is widely circulated through digital means, and other social media platforms have been made. Government agencies must also develop strategies to foster a culture of openness within their institutions to build trust and confidence. By partnering with NGOs, citizens can be more informed about their RTI from the grassroots level.

To ensure the RTI contributes meaningfully to social justice for women in post-conflict regions, several targeted reforms are necessary. First, all public authorities in conflict-affected districts should adopt gender-sensitive procedures, including appointing female RTI officers, ensuring safe and non-intimidating spaces for filing requests, and providing information in Tamil and in simplified formats. Mobile RTI clinics and village-level awareness programmes, conducted in partnership with women’s organisations, can reduce mobility and stigma-related barriers. Proactive disclosure should prioritise information related to land restitution, welfare schemes, reparations, microfinance regulation, and missing persons processes, as these are issues central to women’s post-conflict recovery. Capacity-building initiatives must include modules on gender sensitivity, trauma-informed communication, and conflict awareness. Finally, the RTI Commission should develop guidelines on protecting vulnerable women from reprisals and enabling confidential information requests in cases involving GBV or sensitive matters. These reforms would ensure that RTI becomes a tool of empowerment rather than an inaccessible procedural right.

Glossary

Bureaucratization: The process of subjecting an organization or system to a complex web of administrative rules, procedures, and hierarchies, often leading to a focus on formality over efficiency.
Centralised governance: A system where authority, decision-making, and administrative power are concentrated at a single, top-level point of control (usually a national government).
Conceptualized: The act of forming an abstract idea or framework; the initial stage of defining a theory or project.
Decentralized: The distribution of administrative powers or functions away from a central authority to local or regional levels.
Inherent: Existing in something as a permanent, essential, or characteristic attribute; something that is vested in an entity by its very nature.
Intermediaries: Individuals or organizations that act as a bridge or link between two parties, often to facilitate communication, financial transactions, or legal processes.
Intersectionalities: A framework for understanding how various social identities (such as race, gender, class, and disability) overlap and interact to create unique modes of discrimination or privilege.
Intestate succession: The legal process of distributing the estate and assets of a person who has died without leaving a valid will.
Jurisprudence: The theory, philosophy, and science of law; the study of the legal principles upon which specific court decisions are based.
Land restitution: The legal process of returning land to its original owners (or their descendants) who were previously dispossesed, often as a result of discriminatory laws or conflict.
Micro finance: The provision of small-scale financial services, such as loans, savings, or insurance, to low-income individuals or small businesses who lack access to traditional banking.
Militarization: The process by which a society, organization, or region becomes controlled by military forces or adopts military characteristics and values.
Operationalization: The process of turning an abstract concept or policy into a set of concrete, measurable, and actionable steps.
Over-politicisation: The excessive infusion of political agendas, biases, or party interests into areas that should ideally remain neutral, such as the judiciary or civil service.
Politicisation: The action of making something political in nature or bringing it under the influence of political actors and ideologies.
Prudent: Acting with or showing care and thought for the future; in a legal or financial sense, making wise and cautious decisions to minimize risk.
Quasi-judicial: A term describing an entity (such as an administrative board or tribunal) that has powers and procedures resembling those of a court of law but is not a formal court.
Stymied: A situation where progress is hindered or completely blocked by an obstacle or complication.

Bibliography

Primary Sources

Case Law

Air Line Pilots Guild of Sri Lanka v. Sri Lankan Airlines RTIC Appeal/099/2017
Chamara Sampath v. Sri Lanka Parliament CA/RTI/0004/2021
Claude Reyes et al. v. Chile, [2006] IACHR Series C no 151
Dileep Amuthan v. Ministry of Defence RTIC Appeal/ 70/ 2018
E.P.F.Commissioner v O.L.of Esskay Pharmaceutical [2011] (11) TMI 639
Environmental Foundation Ltd., v. Urban Development Authority of Sri Lanka [2009] 1 S.L.R. 123
Fernando v. The Sri Lanka Broadcasting Corporation 1996] 1 S.L.R 157
Gauthier v Canada ICCPR/C/65/D/633/1995
Houchins v KQED [1978] U.S. LEXIS 11
Lok Prahari v. Union of India [2018] 4 SCC 699
Manohari Pelaketiya v. Secretary, Ministry of Education & Ors SC/FR/72/2012
Nalin de Silva v Ranil Wickremasinghe. SC FR 308/ 2015
State of Uttar Pradesh v. Raj Narain [1975] SCC 4 428
Tharindu Jayawardena v Bureau of the Commissioner-General of Rehabilitation RTIC Appeal/119/2017
Transparency International Sri Lanka v. Presidential Secretariat RTIC Appeal 005/006/2017
Wypych v. Poland [2005] App. no 2428/05

Legislation

The Constitution of the Democratic Socialist Republic of Sri Lanka 1978
The Gazette of Sri Lanka bearing No. 2004/66 dated 3rd of February 2017
The Right to Information Act No.12 of 2016
The Right to Information Act 2005

International Treaties/Conventions

African Charter on Human and Peoples’ Rights 1981
American Convention on Human Rights 1969
European Convention on Human Rights 1950
International Convention on Civil and Political Rights 1966
UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters 1998

Secondary Sources

Books

Ambika Satkunanathan, Sri Lanka: The Impact of Militarization on Women (The Oxford Handbook of Gender and Conflict, 2017)
Anthony Barnes Atkinson, Social Justice and Public Policy (MIT Press, 1983)
David Kaye and Azin Tadjdini, ‘Article 19–The Right to Freedom of Opinion and Expression.’ In The Universal Declaration of Human Rights (2023, Brill Nijhoff) 445-469

Journals

Alice Panepinto, ‘The right to the truth in international law: The significance of Strasbourg's contributions’ (2017) 37(4) Legal Studies
Aqa Raza, ‘Freedom of Speech and Expression’ as a Fundamental Right in India and the Test of Constitutional Regulations: The Constitutional Perspective’ (2016) 43(2) Indian Bar Review
Bukky O Omotayo, ‘Women and Conflict in the New Information Age’ (2006) 32(4) IFLA Journal 325-332
Deborah L Rhode, "The' no-problem' problem: Feminist challenges and cultural change." (1991) The Yale Law Journal 100.6 1731-1793.
DP Currie, ‘Positive and Negative Constitutional Rights’ (1986) 53(3) The University of Chicago Law Review
Inger Høedt-Rasmussen and Dirk Voorhoof, ‘Whistleblowing for sustainable democracy’ (2018) 36(1) Netherlands Quarterly of Human Rights
Inshira Faliq and Nivedha Jeyaseelan, Sri Lanka's Right to Information Regime and the United Nations Sustainable Development Goals: Thoughts For Reflection (2022), Media Reform Lanka Initiative
Janet Finn, Jen Molloy & Ashley Trautman, ‘Social Justice’ (2013) Encyclopedia of Social Work
John M Ackerman & Irma E Sandoval-Ballesteros, ‘The Global Explosion of Freedom of Information Laws’ (2006) 58(1) Administrative Law Review
Madhusudan Neupane, ‘Implementation Of The Principles Of Right To Information In Nepal: Expectations And Challenges.’ (2018) SSRN
Mario Gomez, ‘The right to information and transformative development outcomes’ (2019) 12(3) Law and Development Review 837-864
Mohamed Fouz Mohamed Zacky, ‘Muslims in the Post-War Sri Lanka: Repression, Resistance and Reform’ (2022) 27(1) Al-Shajarah: Journal of the International Institute of Islamic Thought and Civilisation 187-192.
Mohd Aqib Aslam, ‘Right to Information Act, 2005 (India): A Tool for Social Change in Indian Society’ (2021) 7(4) EPRA International Journal of Multidisciplinary Research
M Sonarajah, ‘The Reception of International Law in the Domestic Law of Sri Lanka in the Context of the Global Experience’ (2016-17) 25 Sri Lanka Journal of International Law
M Sumanadasa, Five years of RTI regime in Sri Lanka: factors causing low proactive disclosure of information and possible remedies (2023) 46(1) Sri Lanka Journal of Social Sciences
Parinaz V. Fanibanda and Mehta V Palak, ‘Need for Awareness on RTI and Its Enormous Potential’ (2-20) 3(5) nt'l JL Mgmt. & Human 948.
Priscilla Chin, Comparative Study: Structures And Status Of Implementation Of RTI Legislations (Afghanistan, India, Indonesia, Sri Lanka, Australia, United Kingdom) (2021) CIJ
Rajan Badyal, Ashutosh Vashishtha And Sudhir K Jain, ‘Effective Implementation Of Right To Information In Jammu." A Study On Digital Mode Classes During Covid-19 And Its Level Of Satisfaction On Online Education Among School Students In India (2022) 172
R. Jenkins & A.M. Goetz, ‘Accounts and Accountability: Theoretical Implications of the Right-to-Information Movement in India’ (1999) 20(3) (Third World Quarterly
Sara Davies & Jacqui True, ‘When There Is No Justice: Gendered Violence And Harm In Post-Conflict Sri Lanka’ (2017) The International Journal Of Human Rights.
Sepali Kottegoda, Sitralega Maunaguru, Sachini Perera and Sarala Emmanuel, Women and New Media in the Margins of the Sri Lankan State (2012) IT for Change
Tariq Ashraf, ‘Empowering people through information: A case study of India’s Right to Information Act’ (2008) 40(3) The International Information & Library Review
W.M.D.U Weerasekara, ‘ A Critical Overview of the Implementation of Right to Information in Sri Lanka’ (2024) 6(2) KDU Journal of Multidisciplinary Studies 58-66

Reports and Working Papers

Bhavani Fonseka and Ellen Schulz, ‘Gender and Transformative Justice in Sri Lanka’ (2018) Centre for Women, Peace & Security
Centre for Policy Alternatives, A Brief Guide to the Nineteenth Amendment to the Constitution (2015) 19
Centre for Policy Alternatives, Right to Information: Issues and Challenges of Policy and Implementation (2021)
IMF, Sri Lanka Technical Assistance Report — Governance Diagnostic Assessment (2023)
Kishali Pinto-Jayawardena, Reflections on Sri Lanka’s RTI Act and RTI Regime (2019) RTI Commission of Sri Lanka
Laura Neuman, The right of access to information: Exploring gender inequities’ (2016)
National Stakeholders Consultation on the Right to Information Legislation (27-28 November 2019) by Centre for Independent Journalism & Coalition of CSOs on Freedom of Expression
Open Society Justice Initiative, Principles and Guidelines on Protest and the Right to Information (2019)
Patricia Jonason & Anna Rosengren, The Right of Access to Information and the Right to Privacy (Working Paper, 2017)
Piyumi Panchali Ranasinghe, ‘RTI and Women EMpowerment in Sri Lanka’ (2024)
Proscovia Svard, ‘Freedom Of Information Laws And Information Access: The Case Of Sierra Leone." 33.2 (2017) Information Development 190-198.
Sabrina Esufally and William Ferroggiaro, ‘Right to Information: Discourse and Compliance in Sri Lanka’ (2017) Verite Research
Toby Mendel, Right to Information: The Recent Spread of RTI Legislation (World Bank, 2014)
Transparency International Sri Lanka, Sri Lankan Right to Information Act Implementation Assessment 2019 (2019)
UNDP Sri Lanka, Operationalizing the Right to Information Act in Sri Lanka: Comparative Experience and Good Practice (2017)
UNFPA, Rapid Gender Analysis Sri Lanka (2022)

Websites

‘International Standards: Right to Information’ (ARTICLE 19, 10 March 2022) <https://www.article19.org/resources/international-standards-right-information/> accessed 2 May 2024 ‌
‘NGOs Go NATO (No Action, Talk Only) on Sri Lanka’s Right to Information Commission’ (Colombo Telegraph,25 December 2021) <https://www.colombotelegraph.com/index.php/ngos-go-nato-no-action-talk-only-on-sri-lankas-right-to-information-commission/> accessed 1 May 2024 ‌
‘ Radika Gunaratne, ‘Sri Lanka: Right to Information and Batticaloa women: Hypothesis vs Reality’ (2017) Asia Human Rights Commission <http://www.humanrights.asia/news/forwarded-news/AHRC-FAT-002-2017/> accessed 1st May 2024
‘Review of Legislation for Consistency with the RTI Legal Regime’ (UNDP) https://www.undp.org/sites/g/files/zskgke326/files/migration/lk/UNDPLKA---Review-of-Sri-Lankas-RTI-Regime.pdf accessed 30 April 2024
‘Rti Rating | Global Right to Information Rating | What Do You Want to Know?’ (Rti-rating.org,2023) <https://www.rti-rating.org/> accessed 1 May 2024 ‌
‘RTI Success Stories «| the Social Architects’ (Thesocialarchitects.net,2018) <https://thesocialarchitects.net/category/rti-success-stories/> accessed 1 May 2024 ‌
‘Strengthening Right to Information in Sri Lanka’ (UNDP,2019) <https://www.undp.org/srilanka/press-releases/strengthening-right-information-sri-lanka> accessed 1 May 2024
‘Universal Declaration of Human Rights at 70: 30 Articles on 30 Articles - Article 19’ (OHCHR,2018) <https://www.ohchr.org/en/press-releases/2018/11/universal-declaration-human-rights-70-30-articles-30-articles-article-19> accessed 1 May 2024 ‌
‘Vikaspedia Domains- RTI Success Stories’ (Vikaspedia.in,2024) <https://vikaspedia.in/e-governance/about-rti-act-2005/rti-success-stories#:~:text=Davangere.%20It%20can%20now%20be%20hoped> accessed 1 May 2024 ‌
Barada Regimi, Jade Johnson and Evan Shilling, ‘Tracking the Right to Information in Asia - Center for International Private Enterprise’ (Center for International Private Enterprise,11 February 2021) <https://www.cipe.org/blog/2021/02/11/tracking-the-right-to-information-in-asia/> accessed 1 May 2024 ‌
Women and the Right of Access to Information’ (The Carter Center,2024) <https://www.cartercenter.org/peace/ati/women.html> accessed 1 May 2024 ‌

Articles

Thirunavukkarasu Vigneswaran and Gaddela Srikanth, Freedom of Information in India and Sri Lanka (2024)

Footnotes

^[1] Parinaz V. Fanibanda and Mehta V Palak, ‘Need for Awareness on RTI and Its Enormous Potential’ (2-20) 3(5) nt'l JL Mgmt. & Human 948.

^[2] Mario Gomez, ‘The right to information and transformative development outcomes’ (2019) 12(3) Law and Development Review 837-864

^[3] Anneli Sundqvist, Access and Accountability: Democratization of Information in Post-Conflict Societies (2008) International Council on Archives

^[4] Laura Saunders, ‘Connecting Information Literacy and Social Justice: Why and How?’ (2017) 11(1) Communications in Information Literacy 15

^[5] Bhavya Jain, ‘The Role of Gender in Armed Conflict: Understanding Experiences, Impacts and Pathways to Peace." (2024) 2 LawFoyer Int'l J. Doctrinal Legal Rsch. 30

^[6] International Crisis Group, Sri Lanka’s Conflict-Affected Women: Dealing with the Legacy of War (2022)

^[7] Bukky O. Omotayo, ‘Women and Conflict in the New Information Age’ (2006) 32(4) IFLA Journal 325-332

^[8] John M. Ackerman & Irma E Sandoval-Ballesteros, ‘The Global Explosion of Freedom of Information Laws’ (2006) 58(1) Administrative Law Review 85-130

^[9] R. Jenkins & A.M. Goetz, ‘Accounts and Accountability: Theoretical Implications of the Right-to-Information Movement in India’ (1999)20(3) (Third World Quarterly 603-622

^[10] D.P. Currie, ‘Positive and Negative Constitutional Rights’ (1986) 53(3) The University of Chicago Law Review 864-890

^[11] Toby Mendel, Right to Information: The Recent Spread of RTI Legislation (World Bank, 2014) 1

^[12] David S. Ardia, ‘Popular Sovereignty and a Right to Know about the Government. 67’ (2025) Arizona Law Review

^[13] Ana Maria Ramalho Correia, ‘Information Literacy For An Active And Effective Citizenship.’ (2002) White Paper prepared for UNESCO, the US National Commission on Libraries and Information Science, and the National Forum on Information Literacy, for use at the Information Literacy Meeting of Experts, Prague, The Czech Republic.

^[14] Rajeev Kumar Singh, ‘Right to information: The Basic Need Of Democracy.’ (2014) 1(2) Journal of Education & Social Policy 86-96.

^[15] Laura Neuman, The right of access to information: Exploring gender inequities’ (2016)

^[16] Deborah L Rhode, "The" no-problem" problem: Feminist challenges and cultural change." (1991) The Yale Law Journal 100.6 1731-1793.

^[17] Alice Panepinto, ‘The right to the truth in international law: The significance of Strasbourg's contributions’ (2017) 37(4) Legal Studies 739-764

^[18] ‘Universal Declaration of Human Rights at 70: 30 Articles on 30 Articles - Article 19’ (OHCHR,2018) <https://www.ohchr.org/en/press-releases/2018/11/universal-declaration-human-rights-70-30-articles-30-articles-article-19> accessed 1 May 2024 ‌

^[19] 1966, Article 19(2)

^[20] Transparency International Sri Lanka, Sri Lankan Right to Information Act Implementation Assessment 2019 (2019) 9

^[21] African Charter on Human and Peoples’ Rights 1981, Article 9

^[22] American Convention on Human Rights 1969, Article 13

^[23] European Convention on Human Rights 1950, Article 10(1)

^[24] [1978] U.S. LEXIS 11

^[25] [2006] IACHR Series C no 151

^[26] Ibid

^[27] CCPR/C/65/D/633/1995

^[28] David Kaye and Azin Tadjdini, ‘Article 19–The Right to Freedom of Opinion and Expression.’ In The Universal Declaration of Human Rights (2023, Brill Nijhoff) 445-469.

^[29] [2018] 4 SCC 699

^[30] RTIC Appeal 005/006/2017

^[31] [2005] App. no 2428/05

^[32] [1975] SCC 4 428

^[33] Thirunavukkarasu Vigneswaran and Gaddela Srikanth, Freedom of Information in India and Sri Lanka (2024).

^[34] Convention on the Elimination of All Forms of Discrimination against Women 1979

^[35] Slavko, A.S., Zavhorodnia, V.M., Degtyarev, S.I. and Zabikh, S.A., ‘The truth commission as a tool for accessing and disseminating information: Realization of the right to truth in post-conflict societies’ (2022) 7(1) International Journal of Media and Information Literacy 233-241.

^[36] M Sonarajah, ‘The Reception of International Law in the Domestic Law of Sri Lanka in the Context of the Global Experience’ (2016-17) 25 Sri Lanka Journal of International Law

^[37] ‘Rti Rating | Global Right to Information Rating | What Do You Want to Know?’ (Rti-rating.org,2023) <https://www.rti-rating.org/> accessed 1 May 2024 ‌

^[38] Centre for Policy Alternatives, A Brief Guide to the Nineteenth Amendment to the Constitution (2015) 19

^[39] UNDP Sri Lanka, ‘Strengthening Right to Information in Sri Lanka’ (UNDP,2019) <https://www.undp.org/srilanka/press-releases/strengthening-right-information-sri-lanka> accessed 1 May 2024 ‌

^[40] UNDP Sri Lanka, Operationalizing the Right to Information Act in Sri Lanka: Comparative Experience and Good Practice (2017) 27

^[41] The Gazette of Sri Lanka bearing No. 2004/66 dated 3rd of February 2017

^[42] Ibid

^[43] Priscilla Chin, Comparative Study: Structures And Status Of Implementation Of RTI Legislations (Afghanistan, India, Indonesia, Sri Lanka, Australia, United Kingdom) (2021) CIJ 45-61

^[44] Sabrina Esufally and William Ferroggiaro, ‘Right to Information: Discourse and Compliance in Sri Lanka’ (2017) Verite Research

^[45] Constitution of Sri Lanka 1978, Article 14(1)(a)

^[46] [1996] 1 S.L.R 157

^[47] [2009] 1 S.L.R. 123

^[48] SC FR 308/ 2015

^[49] CA/RTI/0004/2021

^[50] SC/FR/72/2012

^[51] Ibid (n 28) 54

^[52] RTIC Appeal/099/2017

^[53] RTIC Appeal/ 70/ 2018

^[54] RTIC Appeal/119/2017

^[55] Ibid (n 30)

^[56] Ibid (n 44)

^[57]Bhavani Fonseka and Ellen Schulz, ‘Gender and Transformative Justice in Sri Lanka’ (2018) Centre for Women, Peace & Security

^[58] W.M.D.U Weerasekara, ‘ A Critical Overview of the Implementation of Right to Information in Sri Lanka’ (2024) 6(2) KDU Journal of Multidisciplinary Studies 58-66

^[59] Arun Jentrick, ‘Women-Headed Households (WHHs) in Post-War Sri Lanka: Challenges, Opportunities, Continuities, and Disruptions’ (202) Doctoral Diss. The University of Western Ontario

^[60] Inshira Faliq and Nivedha Jeyaseelan, Sri Lanka's Right to Information Regime and the United Nations Sustainable Development Goals: Thoughts For Reflection (2022) Media Reform Lanka Initiative

^[61] Nalaka Gunawardene, ‘Citizens warming up to RTI, new survey finds’ (The Morning, 20 Oct 2019) <https://www.themorning.lk/articles/54194> accessed 12/12/2025

^[62] Sara Davies & Jacqui True, ‘When There Is No Justice: Gendered Violence And Harm In Post-Conflict Sri Lanka’ (2017) The International Journal Of Human Rights.

^[63] RTI Commission of Sri Lanka, ‘Reflections on Sri Lanka's RTI Act & RTI Regime’ Edited by Kishali Pinto-Jayawardena (2019)

^[64] Lee Anne Bell, ‘WHat is Social Justice?’ (2016) 3 Teaching for Diversity and Social Justice

^[65] Janet Finn, Jen Molloy & Ashley Trautman, ‘Social Justice’ (2013) Encyclopedia of Social Work

^[66] Anthony Barnes Atkinson, Social Justice and Public Policy (MIT Press, 1983)

^[67] Ifzal Ahmad And M Rezaul Islam, ‘Empowerment And Participation: Key Strategies For Inclusive Development’ (2024) Building Strong Communities: Ethical Approaches To Inclusive Development. Emerald Publishing Limited 47-68.

^[68] Ibid

^[69] Inger Høedt-Rasmussen and Dirk Voorhoof, ‘Whistleblowing for sustainable democracy’ (2018) 36(1) Netherlands Quarterly of Human Rights 3-6

^[70]‘Women and the Right of Access to Information’ (The Carter Center,2024) <https://www.cartercenter.org/peace/ati/women.html> accessed 1 May 2024 ‌

^[71] Vivekanand Jain abd Sanjiv Saraf, ‘Empowering The Poor With Right To Information And Library Services.’ (2013) 62(½) Library Review47-52

^[72] A Puddephatt, E. McCall, and A. Wilde, ‘A Guide to Measuring the Impact of Right to Information Programmes: Practical Guidance Note. (2006) United Nations Development Programme/Oslo Governance Centre

^[73] Open Society Justice Initiative, Principles and Guidelines on Protest and the Right to Information (2019)

^[74] Armenia Androniceanu, "Transparency In Public Administration As A Challenge For A Good Democratic Governance." (2021) 36 Revista» Administratie Si Management Public «(Ramp) 149-164.

^[75] Ibid (n 13)

^[76] Centre for Policy Alternatives, Right to Information: Issues and Challenges of Policy and Implementation (2021)

^[77] Kishali Pinto-Jayawardena, Reflections on Sri Lanka’s RTI Act and RTI Regime (2019) RTI Commission of Sri Lanka 15

^[78]‘Review of Legislation for Consistency with the RTI Legal Regime’ (UNDP) https://www.undp.org/sites/g/files/zskgke326/files/migration/lk/UNDPLKA---Review-of-Sri-Lankas-RTI-Regime.pdf accessed 30 April 2024

^[79] Ibid (n 28) 31

^[80] Section 24(5) (b)

^[81] Ibid (n 46) xvi

^[82] M Sumanadasa, Five years of RTI regime in Sri Lanka: factors causing low proactive disclosure of information and possible remedies (2023) 46(1) Sri Lanka Journal of Social Sciences 81-98

^[83] National Stakeholders Consultation on the Right to Information Legislation (27-28 November 2019) by Centre for Independent Journalism & Coalition of CSOs on Freedom of Expression

^[84] Ibid (n 55)

^[85] IMF, Sri Lanka Technical Assistance Report — Governance Diagnostic Assessment (2023)

^[86] Ibid (n 46)

^[87] Ibid (n 49) 23

^[88] Patricia Jonason & Anna Rosengren, The Right of Access to Information and the Right to Privacy (Working Paper, 2017)

^[89] Barada Regimi, Jade Johnson and Evan Shilling, ‘Tracking the Right to Information in Asia - Center for International Private Enterprise’ (Center for International Private Enterprise,11 February 2021) <https://www.cipe.org/blog/2021/02/11/tracking-the-right-to-information-in-asia/> accessed 1 May 2024 ‌

^[90] Ibid (n 13) 29

^[91]‘NGOs Go NATO (No Action, Talk Only) on Sri Lanka’s Right to Information Commission’ (Colombo Telegraph,25 December 2021) <https://www.colombotelegraph.com/index.php/ngos-go-natdoesWhileo-no-action-talk-only-on-sri-lankas-right-to-information-commission/> accessed 1 May 2024 ‌

^[92] Ibid (n 7)

^[93] Ambika Satkunanathan, Sri Lanka: The Impact of Militarization on Women (The Oxford Handbook of Gender and Conflict, 2017)

^[94] Mohamed Fouz Mohamed Zacky, ‘Muslims in the Post-War Sri Lanka: Repression, Resistance and Reform’ (2022) 27(1) Al-Shajarah: Journal of the International Institute of Islamic Thought and Civilisation 187-192.

^[95] UNFPA, Rapid Gender Analysis Sri Lanka (2022)

^[96] Sepali Kottegoda, Sitralega Maunaguru, Sachini Perera and Sarala Emmanuel, Women and New Media in the Margins of the Sri Lankan State (2012) IT for Change

^[97] Aqa Raza, ‘Freedom of Speech and Expression’ as a Fundamental Right in India and the Test of Constitutional Regulations: The Constitutional Perspective’ (2016) 43(2) Indian Bar Review 87-110

^[98] [1987] (1)WLN134

^[99] [2002] (3) SCR 294

^[100] Ibid (n 13) 29

^[101] Ibid (n 25)

^[102] Ibid

^[103] Ibid (n 46) 18

^[104] Ibid

^[105] [1990] 4 SCC 406

^[106] [2011] (11) TMI 639

^[107] Ibid (n 39)

^[108] Tariq Ashraf, ‘Empowering people through information: A case study of India’s Right to Information Act’ (2008) 40(3) The International Information & Library Review 148-152

^[109] Ibid (n 58)

^[110] Rajan Badyal, Ashutosh Vashishtha And Sudhir K Jain, ‘Effective Implementation Of Right To Information In Jammu." A Study On Digital Mode Classes During Covid-19 And Its Level Of Satisfaction On Online Education Among School Students In India (2022) 172

^[111] R Jenkin and AM Goetz, ‘Accounts and Accountability: Theoretical Implications of the Right-to-information Movement in India’ (1999) 20(3) Third World Quaterly 603-622

^[112] Alexandra Tyers, et. al ‘Increasing women’s digital literacy in India: What works.’ (2021) United States: The Bill & Melinda Gates Foundation

^[113] Mohd Aqib Aslam, ‘Right to Information Act, 2005 (India): A Tool for Social Change in Indian Society’ (2021) 7(4) EPRA International Journal of Multidisciplinary Research

^[114] Ibid (n 51)18

^[115]‘International Standards: Right to Information’ (ARTICLE 19, 10 March 2022) <https://www.article19.org/resources/international-standards-right-information/> accessed 2 May 2024 ‌

^[116] Ibid (n 13) 8

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