ARCHAIC LAWS: Sri Lanka won independence on February 4, 1948, ending the British rule but as the leaders had different views on independence, moves were taken to free the country from the clutches of the `Kalu Suddas', the leaders who replaced the British Monarchy and adhered to the administrative patterns introduced by them.

Thus in 1972 Sri Lanka became a Republic with the promulgation of a new and indigenous Constitution. The Constitution being the fundamental law of the land and spring of all other laws many were of the view that reforms also would be introduced to many other areas including the administrative laws or they would be replaced altogether. But our experience has been otherwise.

Those who know well about Constitution drafting say that although we ended the use of the 1947 Constitution of Sir Ivor Jennings, we still maintain and adhere to the administrative laws introduced a century and half ago by the British Empire.

True, they point out that amendments have been brought to some of those laws at intervals while retaining the original concept in framing a particular law at a particular time for a particular purpose. But such needs may not be there now. Should we then espouse such laws any further?

Some of those laws needed no amendments but a complete structural change. Experts, students and those showing keen interest in the Constitutional law and the administrative laws drafted by Sir Ivor Jennings observe that there is ample room to bring about changes to the rules and regulations that were introduced long ago to suit those times and needs.

I wanted to take some old windows, door frames and doors from Colombo to a distant place. They were made out of timber 20 to 25 years ago. I had no idea that the public are expected to get a permit to transport household goods from the Government Agent or the Provincial Secretary. But I was told that I needed a permit.

It was a hassle in a way. I had to go in search of the Grama Niladhari of my area. In the past there was a `Gam Muladeni' and he was well-known to the people living in his locality and vice versa.

The people could meet them at any time. Now the Grama Niladhari has his office days, when the public can meet him.

On one morning of the Office Day of the Grama Niladhari I was in the queue. The Grama Niladhari had no one to help him in writing down particulars or to search for files.

He has to do everything by himself, which means a lot of time.

When it was my turn, the Grama Niladhari said he could not off-hand endorse my letter submitted requesting a permit. He has to come and verify. One day he visited my house and endorsed it. I thought I could proceed. Nay, I had to go to the Provincial Secretariat to get the Government Agent's seal.

When I went there, the Chief Clerk said he needed to visit my house to check the goods I plan to move out. He had visited my house while I was away. I went to get the permit. Then I was given another form.

The form is for transporting timber in one's private possession. It was a form drafted in accordance with Forest Ordinance of 1907 and which has come down to date with amendments brought from time to time.

Perusing through the form drafted in line with the Clause No 24 (1) (B) I found that it was nuts. The title of the Form refers to the Act or the Ordinance and stated clearly that it was for seeking permission to transport timber from the gazetted private lands/lands on which taxes are levied.

To answer that sort of form was impossible for a layman like me as I was not asking permission to remove timber. So, I wrote a letter to the Provincial Secretary stating my inability to fill the form in its present form.

I informed the Provincial Secretary that I was not asking permission to remove timber but some old door frames and windows. My letter had its desired effects. But before issuing the permit, the clerk attending to my request wanted to know the route I would take, the number of police check-points and things like that.

I said I was unaware of such things and after payments were made issuing the permit, the officer told me that the Grama Niladhari had to be present when I leave and that I should travel on a week-day within the specific time given i.e. from 6.00 a.m. No permission would be given to travel from 6.00 p.m. to 6.00 a.m.

If the State is stressing that goods people move from one place to another should be checked and a permit should be obtained, then the forms should be drafted to suit the needs and they have to be relevant. Otherwise things would be in a mess, giving unnecessary trouble to the public.

The point I wish to stress here is that these laws need to be changed. If we are really free why keep these laws as they are when we have the freedom to change to suit the times and the needs. Those who framed the laws at the time would never have intended that those laws should be in their original form for eternity.

The independence we talk of becomes relevant when the laws of the land assist the masses and not when they harass them. The laws should be there to help people and to not harass them, I repeat.

Minister Dr. Sarath Amunugama, a well experienced and veteran Civil Servant now heads the Public Administration and Home Affairs Ministry.

The public know well his capabilities and his commitment to serve the country and her people. It is time the Ministry looked into these areas that need change. What is highlighted here is just one of them.