Introduction-Human Security for Elders

Among the many positive indicators of Sri Lankan social justice system is the legislative protection of elders in this country. Sri Lanka is one of earliest Asian countries to enact rights based legislation for Protection of Elders Rights by Act No. 9 of 2000 with bi-partisan consensus in Parliament.

Legal recognition of elder’s cohort which is the fastest growing among developing countries is a tribute to our often maligned Parliamentarians. 2.3 Million elder voters can be a key factor in changing governments in Sri Lanka.

Elders’ power in Sri Lanka indicates a singular achievement of the Social justice legislation in this country. In contradistinction to countries like Singapore, Malaysia, Sri Lanka has not concentrated in building concrete skyscrapers, modern symbols of prestige and development but has wisely used our limited national resources for human development.

Hence, Sri Lanka can proudly sit side by side with any country in the world in respect of functional literacy 96% and life expectancy 75%, infant mortality 14% for thousand mothers.

These significant indicators have been achieved with per capita income as small as 5% of those of the developed countries. Another important fact is that human development has been achieved with national resources and little help from international donors who preferred to assist in visible mega projects.

Sri Lankan elders are our pride and they are projected to reach one quarter of our population in a couple of decade’s time. The 2000 Elders Law provided the basic framework for elders’ protection which has brought about a significant recognition to our senior citizens.

The recent Cabinet decision to re-employ retired employees on a contract basis is a step in the right direction. The National Council of Elders has proposed to the Government to increase the retirement age from 60 years to 65 years and harness the wisdom, experience and accumulated human values of the elders in our national development efforts.

In the European Union and the USA the retiring age is edging towards 70%. Making lotus eating pensioners of our most experienced work force should be urgently reconsidered.

Another social catalyst that is taking place under the National Council of Elders is the organisation of elders at the village level as village elders societies. So far 6500 village elders’ societies have been organised islandwide.

These groups of elders consisting of a cross section of our senior human resources are evolving into a positive social force, changing demographic map of the country. The societies are self reliant and are not parasitic on Government resources, they have developed indigenous methods of promoting elders’ protection, economic well being and fellowship among the elders cohort.

They cut through current impediments of development - i.e. party politics, ethnic or religious and economic disparity. Their mission is to give a positive meaning to aging and this is slowly being realised.

Last week, I attended the Kandy district’s elders’ societies representation meeting. I was amazed to learn how some of the societies function. Each society has an annual work plan of diverse activities relating to religious, cultural and economic activities.

Many of the societies are engaged in village level voluntary dispute resolution. But the common golden thread that ran through all the speeches is that elders are more positive about their little future than the other generations.

The National Council of Elders has proposed amendments to strengthen the Elders Law No. 9 of 2000 over 1 year ago. The Government should adopt these non political amendments without further delay.

S.S. Wijeratne

Questions and Answers

Is there any law to protect old people?

Question: I am an 82 year old person. My children are ill-treating me. Please advice me. Are there any laws to safeguard old people like myself?

G. Perera,
Moratuwa.

Answer: The Elders Law No. 9 of 2000 has provision to safeguard and protect elderly persons like yourself. Under this law you can ask for maintenance from your children. If you need any assistance, kindly call over to our Head Office which has set up an Elders’ Unit specially to deserving people like you.

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Who is an aggrieved person

Question: Kindly let me know who is “an aggrieved person” under the Prevention of Domestic Violence Act No. 34 of 2005.

M. Fareed,
Gampola.

Answer: Under the Prevention of Domestic Violence Act No. 34 of 2005, “an aggrieved person” is defined as follows:-

(i) the father, mother, grandfather, grandmother, stepfather, stepmother.

(ii) the son, daughter, grandson, granddaughter, stepson, stepdaughter.

(iii) the brother, sister, half-brother, half-sister, stepbrother, stepsister;

(iv) siblings of a parent;

(v) the child of a sibling;

(vi) child of a sibling of a parent.

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Ejectment of tenant

Question: What is the procedure for ejectment of tenant?

Samitha Pattiyaarachchi,
Padukka.

Answer: If the premises are subject to the Rent Act the landlord can eject the tenant only on one of the grounds set out in the Act. Under Section 22(1) as amended, where the standard rent of the premises does not exceed Rs. 100 per month the grounds of ejectment are as follows:-

(a) arrears of rent for 3 months or more;

(b) if the premises, having been let to the tenant on or after 1st March 1972, are reasonably required for occupation as a residence for the landlord or any member of his family, or for the trade, business, profession vocation or employment of the landlord;

(bb) if the premises, having been let to the tenant prior to 1st March 1972, are reasonably required as a residence for the landlord or any member of his family, and the landlord does not own more than one residential premises;

(c) if the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord and that service or employment of the landlord and that service or employment has ceased;

(d) if the tenant or anyone residing with him has been guilty of conduct which is a nuisance to adjoining occupiers, or has been convicted of using the premises for an immoral or illegal purpose, or the condition of the premises has deteriorated owing to the acts or omissions of the tenant or such other person.

Where the standard rent of the premises exceeds Rs. 100 per month, the grounds of ejectment are as follows:-

(a) arrears of rent for one month or more;

(b) if the premises are reasonably required as a residence for the landlord or any member of his family, or for the trade, business, profession, vocation or employment of the landlord;

(bb) where the landlord is the owner of not more than one residential premises; and

(i) the premises are reasonably required as a residence for the landlord or any member of his family; or

(ii) the landlord has, prior to the institution of the action, deposited a sum equivalent to 5 years’ rent with the Commissioner of National Housing for payment to the tenant.

In all these instances the landlord, before filing action, must give the tenant written notice to quit. The length of notice required is specified in the rent Act and varies according to the grounds on which ejectment is sought.

Another important ground for ejectment is subletting the premises without the written consent of the landlord.

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How can I divorce my wife without knowing her whereabouts?

Question: I am seeking a divorce from my wife who has deserted me while I was wroring in the Middle East in 2000. When I came on my annual vacation in 2001, I got to know that she has been running an illegal recruitment business with some other party. My hard earned money had been swindled and later I went back to the Middle East to continue my job, after a couple of months I tried to contact home but to no avail. I phoned my neighbours and found out their (wife and daughter’s) whereabouts, and was told that they had abandoned the house and gone abroad. All my valuables were stolen by the people who were seeking employment abroad. Now I am left with nothing. I returned to Sri Lanka in 2002 and had no where to go.

Now I am living with a new partner and intend to marry her. I need to know if it’s possible to get a divorce and how I could do it? I have seen many lawyers and all say that they need to send the divorce papers to her address which I am not aware of, but I know her mother’s address. Please help me to find a solution to get my life back on the road and lead a happy life. (Latest news is my daughter is married and living with her grandmother).

Thanking you in advance.
Cyrus Mathiaz.

Answer: The Marriage Registration Ordinance and the Civil Procedure Code constitute the general law on divorce. Grounds for divorce under the Ordinance are the following:-

* Adultery;

* Malicious desertion; and

* Incurable impotence at the time of marriage.

In order to file a divorce case, you have to find out the present address of your wife. Since you know your wife’s mother’s address, you can find the whereabouts of your wife and then proceed with the filing of the case.

If you need any assistance in the matter, please call over at our Head Office or any of our Centers islandwide who will give you the proper advice and guidance regarding your case.

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Access of Mediation Board

Question: How do you access the Mediation Board?

M. Dilrukshi,
Dehiwela.

Answer: There are several ways of going to a Mediation Board.

* You can make an application to the Mediation Board yourself. The application can be prepared by yourself. It must state what your problem is very briefly; give your name and address; give the name and address of the other party to the dispute. The Board will then call all of you for a discussion.

* The Police may refer you to Mediation. This happens when you go to the Police and they feel that it is a matter which should be resolved by Mediation or where, according to the Law it has to be referred to Mediation.

* The Court may refer your case to the Mediation Board if both parties agree to have it so referred. This is permitted under the Law.

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Refuse to provide duplicate of Sri Lankan citizenship

Question: I successfully applied and obtained Sri Lankan citizenship and paid Rupees 200,000 for the privilege. The Citizenship Division located at Punchi Borella claims to have sent the Sri Lankan Citizenship Certificate on April 27, 2006.

I never received the Sri Lankan Citizenship Certificate.

The Citizenship Division refuses to give a duplicate of the Sri Lankan Citizenship Certificate.

What can I do in order to obtain a duplicate of the Sri Lankan Citizenship Certificate?

Serena Fernando
Wellawatte.

Answer: With regard to your question, you have not mentioned details of your citizenship. However, we referred your matter to the Citizenship Division of the Department of Immigration and Emigration. According to them, they normally send the Citizenship Certificate to the address submitted by you.

If you are not in the address given, it may have been returned to the Citizenship Division of the Department of Immigration and Emigration in Sri Lanka. You can call this section and check with them regarding your Citizenship Certificate.

The Head of the Citizenship Division normally do not issue Duplicate Citizenship Certificates to anybody.

Instead they will issue a lost Citizenship Certificate. If you need to apply for a lost Citizenship Certificate you have to follow the procedure given below.

(a) You have to pay Rs, 1,000 as a fee to get a lost Citizenship Certificate.

(b) You have to submit a police report stating that you have lost your Citizenship Certificate (police report from where you are residing).

(c) If you living abroad you have to send the relevant documents by registered post to the Citizenship Division of the Immigration and Emigration Department and inform them over the telephone.

If you need any further information you can contact W.H. Karunaratne, Head of the Citizenship Division, Immigration and Emigration Department, Punchi Borella, Borella. Tel No. 011-5329240.

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Servant lost her Identity Card

Question: My servant is a deaf woman who has lost her identity card.

She has the photocopy. She stayed with us for over six years. But her hometown is upcountry. I want to know as to how she could get her new Identity Card. I came to know that through your page the original birth certificate is necessary to get the new identity card. Her name appears in the election list of our Grama Niladari Division?

Radika
Colombo

Answer: If you want to get the new identity card of your servant you have to make a complaint to the police station and get the certified copy of that complaint. Thereafter, you have to meet your Grama Niladari and get the necessary form, fill it and certified by the Grama Niladari.

After preparing all the documents you have to submit five stamp size photographs (coloured photographs) and photo copy of the identity card.

It is necessary to submit the original birth certificate to get the new identity card because the date of birth is necessary.

If your servant has lost her birth certificate you have to submit an affidavit to prove the date of birth of your servant. After following all the information mentioned above you can get your servant’s identity card.

The Registrar of Persons Department has ‘One Day Service’ to issue identity cards by paying Rs. 500. Otherwise, you can get your Identity Card through you Grama Niladhari.

Development Legal Aid Desk - No. 13:

Public Officers Awareness Programme Unit

Providing free legal assistance for the needy people is the major objective of the Legal Aid Commission (LAC).

There are 35 LAC centers scattered around the country attending to this noble task. Very often minor problems expand into large scale disputes and end up in police or courts wasting a lot of money and time.

There are a number of reasons for this situation. One reason is the ignorance of the law, specially the laws applicable to us in our day-to-day life, among government officers and general public. Legal literacy is one criteria of measuring the level of development of a country. The LAC has established a Programme Division to address this issue.

The main objective of the Programme Division of the Legal Aid Commission is conducting awareness programmes specially for Gramaniladaris, Police Officers, Samurdi and other Government officers, school children and the general public.

To date over 14,000 Gramaniladaris have been trained under a Special Project called ‘Janadiviyata Neethiya’ at District and Provincial levels.

The mobile Legal Aid clinic aimed at providing legal assistance to outstations and rural people has been a great success. In 2007 the main target of the Programme Division is to conduct programmes to educate newly appointed raduates and JPs, on a Divisional Secretariat basis.

Another important service provided by the Programme Division is conducting programmes through the electronic and print media in legal literacy for the benefit of the public.The above Unit is headed by Reginald Kumarasiri who has vast experience in conducting and organising awareness programmes for public officers.

Training of trainers program on mediation supported by The Asia Foundation

* Seven day Training Program by National and International experts to train 35 Mediator Trainers.

* Applicants should be Professionals or Retired Public Servants who could travel to all parts of the island to train Grama Niladaris in Mediation techniques and Legal issues.

* 50% of the selected applicants should be fluent in Tamil and English. The training would be conducted in English. Venue: Adri Center, 61, Carmel Road, Colombo 3.

Contact Persons: Alternative Disputes Resolution Institute Binupa - 2438478, Fax: 2438478, Email:[email protected]

Legal Aid Commission, Zenia - 2395894, Fax: 2395894, Email: [email protected]

Closing date: 30th March 2007.

Legal events

March 16 - Anti-Corruption Programme at Eheliyagoda Central College, Eheliyagoda.

March 16 - Para Legal Training Programme for police at Ratnapura organized by the National Center for Victims of Crime.

March 17 - Mediation Programme in Nuwara Eliya.

March 18 - Mediation Programme in Hatton.

March 19 - Law College Interns Training Programme.

Disclaimer

The answers to the questions are the legal views of individual lawyers and Departmen ts and the Legal Aid Commission only complies them for the Daily News Legal Aid Page.

Please send your questions in brief to - The Chairman, Daily News Legal Aid Page, Legal Aid Commission, No. 129, High Court Complex, Hulftsdorp Street, Colombo 12, Email: [email protected]