Introduction -“Convention on the Rights of Persons with Disabilities” (CRPD)

The above important humanitarian convention adopted unanimously by the UN General Assembly, became upon signatures from last Friday, 30th March 2007. Minister of Social Services and Social Development, Douglas Devananda flew to New York to sign the Convention on behalf of Sri Lanka, may be to highlight Sri Lanka’s commitment to rights of the disabled who are estimated at 1 million persons.

Sri Lanka is famous for signing International Conventions at the earliest possible opportunity and with much fan fair. But we are also equally famous for not taking the follow up steps to implement the provision of these ratified conventions to benefit the affected population with international co-operation.

Let us discuss one famous example from the recent past. In 2004 when UN Convention against Corruption was opened for ratification Sri Lanka boasted that she was the third country to ratify this important anti-corruption convention.

But up to date no government has taken steps to prepare or pass the implementing legislation to make the provisions effective in Sri Lanka. It was clear since the 1978 Constitution the mere ratification of even the most beneficial of international humanitarian convention did not have positive effects on Sri Lankan people without corresponding law passed in Parliament.

However, enlightened Judges incorporate important international provisions at their discretion in their judgments like in the Eppawala case and created Judge made law.

Hence, mere ratification of UN Convention on the Rights of Persons with Disabilities will not help an estimated 1 million disabled persons unless the Convention is incorporated in the draft Disability Law.

In view of poor law and order situation prevailing in Sri Lanka due to the escalated conflict many young men and women are killed or rendered disabled on a daily basis both in the south and north.

The comprehensive Disabled Convention in its 50 articles provide noms of protection to women and children with disabilities. The Convention in Article 10 provides for right to life of the disabled persons which was omitted in our 1978 Constitution. Article 13 provides for effective access to justice for the disabled.

We appeal to the Parliamentarians to convert the relevant provisions in the Convention to law without delay as helping the disabled should be non-partisan like the caring for elders.

The LAC desk on disabled persons would help the process from Humanitarian Law perspective.

S. S. Wijeratne

Quotes from judgements Right to Life

“Although the Right to Life is not expressly recognised as a fundamental right, that right is impliedly recognised in some of the provisions of Chapter III of the Constitution. In particular, Article 13(4) provides that no person shall be punished with death or imprisonment except by order of a competent court.

That is to say, a person has a right not to be put to death because of wrongdoing on his part, except upon a court order. (There are other exceptions as well, such as the exercise of the right of private defence). Expressed positively, that provision means that a person has a right to live, unless a court orders otherwise.

Thus Article 13(4), by necessary implication, recognises that a person has a right to life - at least in the sense of mere existence, as distinct from the quality of life - which he can be deprived of only under a court order.

If, therefore, without his consent or against his will, a person is put to death, unlawfully and otherwise than under a court order, clearly his right under Article 13(4) has been infringed. In regard to every such instance, upon the infringement taking place, the victim will cease to be alive, and therefore unable to bring an action.”

P. 75 2 SLR (2003)

Supreme Court
Fernando J.
Yapa J., and
J.A.N. De Silva J.
13th June and
14th July 2003.

Questions and Answers:

How to obtain a deed

Question: Please let me know how I could obtain a certified copy of a deed, where only the number of the deed and the name of the lawyer who prepared same is available. The deed is in respect of a house situated in Colombo. Your early advice in this regard would be greatly appreciated.

Tommy Wanigasinghe

Kurunegala.

Answer: If your land is situated in Colombo and your lawyer is practising notary in Colombo, then you have a chance to get a certified copy of the deed. You have to visit the Land Registry in Colombo after verifying the date of attestation of the relevant deed.

In order to verify the date of attestation of the deed, you have to visit the section where duplicate deeds of the notaries are kept. Since you are aware of the name of the notary, you can find out the date of attestation.

To apply for a certified copy of the deed, there is an application form to be duly filled where a stamp duty of Rs. 102/50 has to be paid.

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What is a proxy?

Question: What is a proxy?

M. Ferdinands

Moratuwa.

Answer: A party wishing to appear through a lawyer must duly appoint such a person in writing.

This usually involves signing a standard proxy form in favour of a particular lawyer or firm of lawyers. The proxy will contain his office address so that any papers in the case can thereafter be served on him instead of on the party.

A proxy can be revoked in writing with notice to the court and to the registered attorney. Thereafter, the party can either appear in person or appoint another registered attorney by signing a fresh proxy.

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What is a condominium?

Question: What is a condominium?

A. Resident from

Colombo 7.

Answer: A Condominium Plan has six sides, with its walls either party walls, shared with the adjoining condominiums dweller or separating the condominium from an adjoining common element.

A condominium encompasses space that can be divided into rooms or separate sections.

The current legislation is covered under the Condominium Apartment Ownership (Amendment) Act No. 39 of 2003.

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What does domestic violence mean?

Question: We are from a Women’s Society in the Puttalam District. Many of our women have been subjected to domestic violence in their homes. What kind of offences does it constitute?

Women’s Society

Puttalam

Answer: Any act which constitutes an offence specified in Schedule 1 of the Prevention of Domestic Violence Act No. 34 of 2005.

Schedule I

1. (a) All offences contained in Chapter XVI of the Penal Code and its amendments (beginning from Section 293 to 365). The relevant section are quoted below:-

Section 293 - Culpable homicide

Section 294 - Murder

Section 295 - Culpable homicide by causing the death of a person otherthan the person whose death was intended.

Section 298 - Causing death by negligence.

Section 299 - Abetment of suicides.

Section 300 - Attempt to murder.

Section 301 - Attempt to commit culpable homicide.

Section 303 - Causing miscarriage

Section 304 - Causing miscarriage without women’s concern.

Section 308 - Cruelty to children

Section 311 - Grievous hurt

Section 330 - Wrongful restraint

Section 331 - Wrongful confinement

Section 340 - Force

Section 341 - Criminal force

Section 342 - Assault

Section 345 - Sexual harassment

Section 353 - Abduction

Section 350 - Kidnapping

Section 363 - Rape

Section 364 - Incest

Section 365 - Grave sexual abuse

1. Extortion Section 372 of the Penal Code

“Whoever intentionally puts any person in fear of any injury to that person or to any other and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion.”

2. Criminal Intimidation Section 483 of the Penal Code

“Whoever threatens another with any injury to his person, reputation, or property or to the person or reputation of anyone in whom that person is interested with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.”

3. Attempt to commit any of the above offences.

(c) Any emotional abuse, Committed or caused by a relevant person within the environment of the home or outside and arising out of the personal relationship between the aggrieved person and the relevant person;

“emotional abuse” means a pattern of cruel, inhuman, degrading or humiliating conduct of a serious nature directed towards an aggrieved person.

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Labour offices

Question: Please let me know the addresses of the Labour Offices outside Colombo through your valuable Daily News Legal Aid Page.

Wedamuni, Seeduwa

Answer: The Labour Offices outside Colombo are:-

The Labour officer, District Labour Office, 4/4, 4/5, Hill Street, Nuwara Eliya, Tel 0522222542

The Labour Officer, District Labour Office, Ampara, Te. 063-2222214

The Labour Officer, District Labour Office, Aradhanakanda Road, Avissawella, Tel. 036-2222375

The Labour Officer, District Labour Office, Station Road, Badulla, Tel. 055-2222358

The Labour Officer, District Labour Office, No. 39, Pioneer Road, Batticaloa, Tel. 065-2222151

The Labour Officer, District Labour Office, No. 11, Aluthwatta Road, Chilaw, Tel. 032-2222391

The Labour Officer, District Labour Office, 23/B, Walawwatta, Lower Dickson Road, Galle, Tel. 091-2245774

The Labour Officer, District Labour Office, 207, Sri Bodha Road, Gampaha, Tel. 033-2221062

The Labour Officer, District Labour Office, 86, Aluth Road, Hambantota, Tel. 047-2220104

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Prohibitions in Interim Order/Protection Order under Prevention of Domestic Violence Act

Question: We are aware that under the Domestic Violence Act court has power to issue interim order or protection order to the Respondent. What are the prohibitions that contain in the above mentioned orders? Please explain.

Daya Perera,

Hapugoda.

Answer: The prohibitions are -

(a) entering a residence or any specified part thereof, shared by the aggrieved person and the respondent.

(b) entering the aggrieved person’s -

(i) residence;

(ii) place of employment;

(iii) school;

(c) entering any shelter in which the aggrieved person may be temporarily accommodated.

(d) preventing the aggrieved person who ordinarily lives or has lived in a shared residence from entering or remaining in the shared residence or a specified part of the shared residence;

(e) occupying the shared residence;

(f) having contact with any child of the aggrieved person or having contact with such child other than on the satisfaction of such conditions as it may consider appropriate, where the court is satisfied that it is in the best interest of such child;

(g) preventing the aggrieved person from using or having access to shared resources;

(h) contacting or attempting to establish contact with the aggrieved person in any manner whatsoever;

(i) committing acts of violence against any other person whether it be a relative, friend, social worker or medical officer, who may be assisting the aggrieved person;

(j) following the aggrieved person around as to cause a nuisance;

(k) engaging in such other contact as in the opinion of the court will be detrimental to the safety, health or well being of the aggrieved person or other person who may require protection from the respondent as the court may specify in the Protection Order;

(l) selling, transferring, alienating or encumbering the matrimonial home so as to place the aggrieved person in a destitute position

LAC National Essay competition 2007 “Law and Development”

Displaying high cooperate responsibility, Sri Lanka Telecom has committed to sponsor this year’s LAC islandwide schools essay competition.

In 2006 Sinhala, Tamil and English medium Advanced Level students from schools from Jaffna to Hambantota participated in the competition organised by LAC with the support of the Ministry of Education.

The final Panel of Judges chaired by Justice P. H. K. Kulatilake commended the high standard of the entries on the subject of “Human Rights and Duties”. The awards ceremony was presided by Minister of Education, Susil Prema Jayantha.

The main objective of the LAC for launching the Annual Essay Competition was to create a legally conscious younger generation with winners receiving valuable cash and book prizes.

This year’s theme “Law and Development” had been selected to elucidate close link between the rule of law and equitable social and economic development. The World Bank, Asian Development Bank has during recent years highlighted this intricate link and launched a number of legal and judicial reform programs in developing countries.

All essays should contain between 2000-2500 words and should be addressed to:

The Chairman, Legal Aid Commission, 129, High Court Complex, Colombo 12. Email: [email protected]