Daily News Online

DateLine Friday, 23 February 2007

News Bar »

News: Govt targets US$ 1 b tourism revenue ...           Political: COPE findings will be fully probed - Media Minister ...          Financial: Wide acceptance for the new Companies Act ...          Sports: Confident Thurstanites out to break 15-year hoodoo ....

Home

 | SHARE MARKET  | EXCHANGE RATE  | TRADING  | PICTURE GALLERY  | ARCHIVES | 

dailynews
 ONLINE


OTHER PUBLICATIONS


OTHER LINKS

Marriage Proposals
Classified
Government Gazette

Introduction - 'Civil society organisations' are the sinews of democracy

For the past few years and more virulent after the 2004 tsunami, questions have been raised by vociferous sections of the political spectrum about the conduct of Civil Society Organisations (CSO's) in this country.

While many of the criticisms were politically motivated, a few genuine queries relating to accountability and transparency of the CSO's has been raised. The CSO's ventured in to rights based issues of vulnerable groups who have escaped the attention of state apparatus or called for transparency and accountability of state action. Hence inevitable rhetorical questions were asked about 'who is guarding the guardians?'.

There was no clear answer to this question which is asked in many other countries. In Sri Lanka, no one has a comprehensive record of all the functioning NGO's or after the Tsunami even INGO's operating in Sri Lanka.

The laws under which voluntary organisations are registered are many and some groups have not even registered and acquired status as a legal persons.

One may argue that this is a positive indication of the vibrancy of our civil society. Some may disagree with that assertions and argue that litmus test of a genuine CSO's should be the service rendered to the vulnerable groups and not to serve as mere means of livelihood to the NGO creators and their kith and kin.

The existing laws under which NGO's are registered are many and confusing. Some of them are:-

1. Voluntary Social Service Organisations (Registration and Supervision) Act, No. 31 of 1980 and Amendment Act, No. 8 of 1998.

2. Companies Act, No. 17 of 1982, Section 21.

3. Special Acts of Parliament

4. Co-operative Societies Law of 1972.

5. Societies Ordinance of 1891, as amended.

6. Agrarian Development Act, No. 46 of 2000

7. Rural Development Societies

8. Protection of the Elders Rights Act No. 9 of 2000

9. Consumer Affairs Authority Act No. 9 of 2003

10. Trusts Ordinance

The compliance with reporting requirements under these existing laws have been negligent. Only 1/3 of NGO's have met the reporting requirements. Some of them have vanished from existence, perhaps waiting for another disaster to resurface again.

These irresponsible groupings have brought a bad name to the devoted and transparent CSO's in the country.

As a result of a public outcry few months after the Tsunami that some of the NGO's and INGO's have failed to deliver the promised recovery and rehabilitation programmes and the anecdotes relating to profligate lifestyles, the Parliament appointed a Select Committee of Parliament to investigate and report.

The process still continues and some of the local NGO's have been summoned to give evidence much to their annoyance.

Meanwhile, the Cabinet authorised the Minister of Social Services and Social Welfare to appoint a Voluntary Committee of inquiry including NGO activists to propose amendments to Voluntary Social Service Organisations (Registration And Supervision) Act No. 31 of 1980.

The Committee who had public sittings and obtained through IDLO services of an expert from UK. The Charity Commission handed over its report this week to the Minister. The core recommendations of the Committee is to replace the existing 1980 Act with a comprehensive NGO Act in keeping line with internationally accepted UK Charity Commission Act with a Code of Conduct.

A strange situation that the Committee uncovered was that the Parliament has incorporated 269 NGO's since 1979 and there exist no mechanism to supervise these numerous statutory organisations.

It is difficult to call accountability, transparency and good governance from Voluntary Organisations when Parliament has been creating NGO's without a mechanism for supervision and monitoring.

"What you preach should be practised".


Questions and answers

Obligations of judiciary towards victims of crime

Question: What is the obligation of judiciary and the prosector towards victims of crime?

G. H. Malika,

Akkaraipattu.

Answer: Obligation of the judiciary:

* A victim friendly atmosphere should be created in court houses.

* Ensure in camera proceedings in trials related to child abuse and sexual offences.

* Wherever possible secondary victimisation should be minimised. Very often the victim is being harassed by counsel.

* The victim should be informed of the results of bail applications, conviction, sentencing, imprisonment and the release of offender.

* The judiciary should grant relief wherever possible Victim Impact Statements may be called if necessary.

* A speedy trial should be given without undue delay. (Cases are postponed by years for various reasons nowadays).

If these are not adhered to, society loses faith in the judicial system.


PROGRAMME: Justice Hector S Yapa, Director-General, Legal Aid Commission addressing the Anti-Bribery and Corruption Programme recently.

Obligation of prosecutor:

* The prosecutor should allow victim to be present at all public court proceedings.

* He should assist the victim to claim compensation.

* Wherever necessary a victim impact statement should be obtained to assist the court to grant compensation.

* Victims should be informed, when a Plea of Bargain is considered.

* Victims should be informed of their rights and duties as a witness.

* They should be notified about the progress of trial, acquittal/discharge, conviction, sentence, of the accused.

Sexual harassment in workplaces

Question: Please let me know how the law defines 'sexual harassment' and it punishment in the legal context?

Dhammika,

Mudunkatuwa.

Answer: Under the Penal Code and its Amendment in 1995, 'sexual harassment' is defined in Section 345 as follows:

"Whoever by assault or use of criminal force sexually harasses another person or by the use of words or action, causes sexual annoyance or harassment to such other person commits the offence of sexual harassment."

Punishment-imprisonment may extend to 5 years, or fine or both and compensation for victim. The legal remedy differs from the circumstances of each case.

Bank should not cheat innocent customers

Question: My wife has gone to the Middle East. She sends foreign currency for the family expenses. I went to a reputed bank to ask them whether they could exchange it. I exchanged my foreign currency through this bank and got Rs. 80,000.

I used this money to build a house for us. After a period of six months I got a letter from the Manager of the said bank to meet him. When I met the manager he informed me to pay back the Rs. 80,000 either by mortgaging my house or by pawning my jewellery.

I am a poor person and I am very helpless. The bank is alleging that I have given them forged currency notes.

Please advise me.

Jeewantha,

Kapugoda.

Answer: You are not bound to pay back the Rs. 80,000. It is the responsibility of the said bank to check the foreign currency carefully before exchanging it. Therefore, you are not bound to pay back the money.

It is the negligence on the part of the Bank and as such do not sign or enter into any agreement with the bank. If the bank staff is trying to force you, please go to the police station and make a complaint. You could also come and meet us at our Head Office at No. 129, High Court Complex, Hulftsdorp Street, Colombo 12 and we are ready to assist you in the matter.

Rules relating to 'crossings' on cheques

Question: I want to know the effect of crossing cheques. Could you also explain to me the following types of crossing:

(a) General Crossing

(b) Special Crossing

I await your valuable reply through your Legal Aid Page. Your page provides a great service to the country.

Mrs. D. Juriansz,

Borelesgamuwa.

Answer: The crossing on a Cheque is a directive to the paying bank that the Cheque should be paid only to another bank. A bank can ignore the crossing and pay a crossed Cheque over the counter.

However, if it later turns out that the person paid was not entitled to receive that payment, the paying bank will be liable to the true owner and will also forfeit the statutory protection of the Ordinance. This is because payment of a Cheque in contravention of a crossing would be regarded as negligence by the bank.

General Crossing

Where a Cheque bears across its face an addition of-

(a) the words "and Company" or any abbreviations thereof between two parallel transverse lines, either with or without the words "not negotiable"; or (b) two parallel lines simply, either with or without words "not negotiable" - that addition constitutes a crossing and the Cheque is generally crossed.

Special Crossing

Where a Cheque bears across its face an addition of the name of a banker with or without the words, "not negotiable", that addition constitutes a crossing, and the Cheque is crossed specially and to that Banker.

Air Force pension query

Question: My son married in 1994 when he was attached to the Sri Lanka Air Force. He died in 1995 while in action. At the time of his death he had a 6 week old baby boy and his wife was nominated as next of kin.

In the Year 2000 his wife remarried and migrated to Australia in 2005 for permanent residency with the child and her husband.

She has been drawing my late son's pension as wife of my late son to date. Please clarify the legal position following:

1) Can she draw my late son's pension being remarried?

2) Is it legal for her to carry my son's surname being remarried?

3) Is she entitled for the benefits by the Air Force after remarrying?

P.N. Balasuriya,

Makola

Answer: Under the Pension Minutes and Circulars, the next of kin is the legal spouse and children.

1. She cannot draw your late son's pension after remarriage. But under the Pension Minutes and Circulars there is provision to get the minor's pension. If she is the legal guardian of the child, she can get the minior's pension. If you know further details regarding the pension you can make a complaint to the Pension's Department situated at Maligawatte. Tel No. 2320435 or 2431647.

2. Anyone can use any name and you cannot challenge it.

3. According to Air Force procedure remarried widows are not entitled for benefits. For any assistance in this regard, please call the Air Force Headquarters on Tel No. 2320439.

Problem Re: Pension

Question: I am writing this letter solely to clarify a doubt regarding a pension to a dependent. A relation of mine, a pensioner retired some two years back. His wife was sick and died very recently.

His wife is having an unmarried sister who is solely dependent on this pensioner for everything and at the same time she doesn't have parents as well. She is availing herself of the facility of drawing the food stamps for a long time.

Since she is unmarried and without parent to look after her except for this pensioner, I want to know whether there is any provision for her to draw the pension after the Pensioner's death. Soliciting an early reply through your esteemed column please.

K. Sivanantham

Trincomalee

Answer: Under the Pension Minutes and Circular, once the pensioner dies, if his wife and children are not getting or living to receive the W and OP benefits, then automatically his pension ceases. It is the duty of the relations to inform the Pension's Department and the relevant Bank about the pensioner's death.Others cant claim someone elses pention.

Family laws in Sri Lanka

Question: I am a keen reader of your Daily News Legal Aid Page. This page provides useful articles as well as answers to legal questions raised by individuals in different parts of the island. I would be very grateful if you could let me known through your page the different types of family laws in Sri Lanka and its requirements.

Keen Reader of Daily News Legal Aid Page

Answer: The body of law relating to marriage consists of the general law, customary law and personal law. Tamils are governed by the general law in most marriage-related matters, whereas Kandyan Sinhalese can choose to be governed by the general law or their customary laws. Muslims are governed by Muslim personal law.

The 1907 Marriage Registration Ordinance constitutes the general law on marriage in Sri Lanka. The Ordinance applies to marriage between Tamils and between individuals of differing ethnic and religious communities.Kandyan Sinhalese may choose to be governed by the general law or the Kandyan law. The Ordinance does not govern marriages contracted between Muslims.

Requirements:

Pursuant to a 1995 amendment to the Ordinance, the minimum age of marriage was raised to 18 for both men and women. A subsequent provision, however, authorizes parents to consent to a marriage involving a minor.

If a parent unreasonably withholds consent, a court may authorize the marriage. Courts have held, however, that a parent's refusal to give consent will only be overruled if the court is satisfied that the refusal is without cause and contrary to the interest of the minor.

Despite the requirement of parental consent for a minor to marry, the Ordinance provides that lack of proof of such consent does not render invalid marriages registered under the Ordinance.

This exception does not apply to customary marriages because such marriages would not have satisfied the registration requirement. However, courts have held in cases of unregistered marriages as well that want of consent would not invalidate such a marriage after it had been consummated.

Couple eloped - can father file action against the son-in-law

Question: I had an affair. Both our parents disagreed to our affair. So we eloped and got married legally. We are both over 18 ears of age. However, her father made a complaint to the police and thereafter I was arrested. I later got to know that her father is trying to file a case against me. Can he do so?

P. Sunil

Wattegedera.

Answer: If both of your are over 18 years of age and legally married, no one can separate both of you. If your wife's father is trying to file a case against you, you can seek relief by filing a writ application in the High Court where you are residing.

What is Incest?

Question: I have a relationship with my uncle's son and we have decided to get married. Will this be construed as incest?

P. Marina

Koralawella.

Answer: Under the Penal Code and its Amendment in 1995, the law defines incest as whoever has sexual intercourse with another who stands towards him in following relationships:

(a) Directly descended, adoptive relationships.

(b) Sister by blood or adoption.

(c) Brother by blood or adoption.

The offence of incest shall not be affected or negated by reason of legality of such relationships (absence of valid marriage or adoption)

Punishment

Rigorous imprisonment 7-20 years with fine.

* Attempt to commit incest-2 years

* Written sanction of the Attorney-General is necessary for prosecution.

Can you divorce without going to courts

Question: I have got registered (Marriage), now lasting for around 10 months. We want to know what are the possibilities for us to get a divorce, without going to courts. Both of us are in an agreement and will not challenge each other in this matter. We do not want to go to courts.

Is this possible?

How can we do it?

How much time will it take?

Thank you very much for your

valuable service.

G. Gunaratne

Kotte.

Answer: Under the Marriage Registration Ordinance 1907 and its Amendments, if you want to get a divorce, you have to fulfill one of the following three grounds.

(a) adultery

(b) incurable impotency at the time of marriage

(c) desertion.

Without going to courts, you cannot get a divorce. You have to file a case in courts where one of the parties resides. During the court proceedings, you can seek relief on the ground of desertion. If you need further information, you can visit any one of our Legal Aid Centers islandwide and get free legal advice regarding your problem.


Developmental Legal Desk 10

Womens' Rights Desk

The women in our present society are often subjected to cruelty and violence, both at home ad outside home. Women often become victims of violence and abuse in their own homes.

The Legal Aid Commission has set up a Women's Right Unit to safeguard the rights of women. The objectives of this unit:

* To make women aware of their rights by conducting workshops, talks and also distributing leaflets and publications dealing in Women's Rights.

* To carry out a statistical study on domestic violence, maintenance and divorce cases

* To assist the migrant workers unit by taking follow-up action relating to would be migrant workers who attend the training sessions at the FEB Centers.

* To give counselling.

* To organise programmes to commemorate International Women's Day on March 8. The Women's Rights Desk is headed by Priyangika Attanayake, Attorney-at-Law who has conducted several awareness programme for women.

EMAIL |   PRINTABLE VIEW | FEEDBACK

Gamin Gamata - Presidential Community & Welfare Service
Kapruka - www.lanka.info
www.lankapola.com
www.srilankans.com
www.army.lk
www.news.lk
www.defence.lk
www.helpheroes.lk/
www.peaceinsrilanka.org

| News | Editorial | Financial | Features | Political | Security | Sport | World | Letters | Obituaries | News Feed |

Produced by Lake House Copyright © 2006 The Associated Newspapers of Ceylon Ltd.

Comments and suggestions to : Web Editor