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Introduction Eldersquake hits Sri Lanka

Compiled by Kalani A Medagoda, AAL

Once a year on October 1, since 1990 many countries in the world celebrate the UN Day for Older Persons. In Sri Lanka this year, the National Council of Elders sponsored provincial programme, whereas HelpAge Sri Lanka, an estimated 10,000 Village Based Elders Societies celebrated the World's Elders Day throughout the island. Unlike in the previous years, the slow rumbling of the eldersquake is spewing out lava and dominates the socio-political agenda in the coming years. Senior citizens of this country who have crossed two million mark would be a determinant factor from now onwards.

The Legal Aid Commission presents a musical show titled Neethi Saran Gee Miyasiya on November 1 at 6.30 p.m. at the National Youth Centre in Maharagama.

During the past few years Demographers, National Council of Elders and the World Bank predicted the impending challenge. The policy makers like in many other developing countries pooh-poohed the early warnings. The policy maker following the cynical practice in the United Nations which sponsors World Conference on aging only once in every ten years; for only few elders will survive to discuss the promises made at the earlier Conference, showed little enthusiasm to pay heed to National policy guidelines to harness the inevitable elders' power in the national development policies.

According to powers vested by the Protection of Elders Law No. 9 of 2000, the Council in the year 2002 proposed to the Government to increase the retirement age of public servants from 60 to 65 years which was ignored. Recently, the media reported that authorities in keeping with the Sri Lankan unique demographic trends and international practice have decided to increase the retirement age of public servants to 63 years. The Authorities subsequently changed the decision. Elders should not be marginalised and confined to social service and charity agenda and longer as elders are going to be a dominant factor in future elections and political evolution of the country.

Dramatic growth of elderly population from current estimated 2.1 million to 3 million in a few years time makes Sri Lanka the fastest aging country in the developing world. The recently published World Bank Report on addressing the needs of an aging population, clearly demonstrate the increasing life expectancy trends coupled with decline in fertility rates of Sri Lankan women will exacerbate aged issues more than in any other developing country.

The increasing vigour of elders' movement in Sri Lanka despite official apathy demonstrates the exponential growth of the village based elders Committees. Consequent to a policy decision of the National Council of Elders few years ago, the provincial administrators and Grama Niladharies started to organize Village Elders Committees. The National Council of Elders provided a modest one time grant to start a Committee at village level. Representative societies at Divisional District levels and Provincial levels were subsequently organised. The Elders Societies in the countryside galvanised itself to an effective self help movement perhaps only second to Death Donation Societies. Today over 10,000 village Elders Committees are functioning dealing with elder related issues and elders empowerment activities at the local level. Sri Lankan elders may be unique in this respect in the world.

S. S. Wijeratne

Questions and Answers:

Change of surname in Birth Certificate

Question: Please let me know how to alter my eldest son's surname and his father's details in the Birth Certificate as per my second marriage husband's details. Is this possible? I look forward to your kind reply.

Mrs. K. Jayakody,

Delgoda

Answer: The father's details in your son's Birth Certificate cannot be altered. Only the child's surname inherited from the first father can be substituted. However, your son's name can be changed under the Birth and Death Registration Ordinance under Section 27A. Such change of name will be mentioned in cage 13 of the Birth Certificate.

In this regard you may please contact the Divisional Secretariat Office where your child's Birth Certificate is registered.

Giving succession for deed given under Land Development Ordinance

Question: My father has received a land by State permit under the Land Development Ordinance. Could you please answer the following queries?

(a) How would succession take place for a land for which ownership has been by a State Grant?

(b) How should a nomination be made under such a State Grant land?

W. Amaragoda, Kandy.

Answer: (a) Ownership to a land under a deed by a State Grant has to be given only to the spouse or children or blood relations. If you wish the land can be apportioned among the children within restrictions contained in the said Grant. If necessary, ownership can be given to husband or wife. Ownership can be also given to own blood relations.

(b) In case succession was not nominated, it is your right to decide who should be nominated as your successor. You can nominate anyone whether your wife, child or blood relations as a successor. On the occasion of your death, prior to such nomination, the final decision will be taken by the Land Commissioner General. On such occasion if you have both male and female children, preference would be given to the male children. If you have several male children, succession will be given to the eldest son. If you have only girls, succession will be given to the eldest daughter. Law does not permit to nominate minors as successor.

(c) To cancel the nomination, please obtain three new forms and perfect/ fill them as before. Get the new nomination papers attested and registered at the Land Registry as before. The new nomination is now in place and the earlier nomination thus cancelled.

If you need any information please contact:

Land Commissioner-General

Land Commissioner-General's Department,

No. 7, Gregory's Avenue,

Colombo 7.

Telephone No: 011-2677166

Fax: 011-2684051

Web: www.landcommdept.gov.lk

Re:Copy of Marriage Certificate

Question: I am a Sri Lankan. I met a Sri Lankan lady in Jordan and later we got married at the Sri Lankan Embassy in Jordan. In our Marriage Certificate, my wife's name has been mentioned incorrectly. I understand that we have to file a case to correct the name in our Marriage Certificate. Is this correct? Please advise us. I also would like to know whether we could get a certified copy of our Marriage Certificate.

M. Gerard, Matugama.

Answer: Yes. You have to file a case in the District Court of Colombo in Sri Lanka. You can cite the Registrar of the Central Record Room and the Registrar-General as Respondents.

If you want to get a certified copy of your Marriage Certificate you can get if from the Central Record Room, Maligawatte, Colombo 10. Otherwise you can fill an application and send it to the above address together with a self-addressed stamped envelope. Then they will post it to you.

Registrar General's Department - Zonal Office

Question: Please let me know the respective Zonal Office of the Registrar-General's Department. I take this opportunity to thank you for the valuable service rendered to the public through your Legal Aid Page.

T. Peiris, Moratuwa.

Answer:

01. Head Office - Registrar General's Department,

No: 234/A3, Densil Kobbakaduwa Mw,

Battaramulla, Sri Lanka.

Tel: 2889488/ 2889489

Fax: 2889491-2889492

Email: [email protected]

02. Room Central Record Room, Registrar General's Department, Maligawatta, Colombo 10. 011-2329773

03. Central Zonal Office, Registrar General's Department, Kandy. 081-2224470

04. North Zonal Office Land and District Registry, Registrar General's Department, Jaffna. 021-2222475.

05. Eastern Zonal Office, Registrar General's Department, Batticaloa. 065-2222227

06. South Zonal Office, Registrar General's Department, Galle 091-2224581

07. Western Zonal Office, Registrar General's Department, Delkada 011-2815316

08. Uva Sabaragamu Zonal Office, Registrar General's Department, Ratnapura 045-2222238

09. North Western Zonal Office, Registrar General's Department, Kurunegala 037-2228830

Identification of forged Identity Card

Question: With the prevailing situation in the country, it is very essential for us to know as to how we could identify a forged NIC. Therefore, please let us know the characteristics of a genuine NIC.

M. Marzook, Puttalam.

Answer: The characteristics of a genuine NIC. If you carefully look at your NIC, you will observe the following:-

The front side of the NIC you will have the NIC number followed with the initial either X or V.

In accordance with the Indo-Sri Lanka Agreement No. 14 of 1967.

* "X" represents Indian Origin

* "V" represents native Sri Lankan

The first two digits of your NIC number represent the year of birth. Thereafter, the rest of the NIC number is followed - for example

If it is a female the number will start from 501 and

If it is a male the number will start from 001

The Commissioner who served during the time of issue of the NIC should sign the NIC. For your easy reference we give below the Authorised Signatory of the Commissioners who served during the time of issue of the NIC.

T.M.B. Ekanayake 01/10/1971 to 13/04/1977

G.P.S.U. de Silva 14/04/1977 to 30/11/1982

C.W. Siriwardena 01/12/1982 to 12/08/1984

M.P.D.C. Fernando 13/08/1984 to 30/09/1987

Bandula Kulatunga 01/10/1987 to 30/06/1993

D.A. Samaraweera 01/07/1993 to 30/03/1994

K.J.V. Ranasinghe 31/03/1994 to 19/07/2004

P.B. Abeykoon 03/08/2004 to 10/04/2005

H.K. Geethasena 11/04/2005 to 06/02/2006

A.G. Dharmadasa 20/02/2006 to date

Verification of the English letters prior to the hand written Number at the backside of the NIC.

Eg. "S" - Represents School Identity

Verify whether he/she was schooling at the time of NIC being issued through the verification of DOB.

Other short codes;

* N.A. - New applications;

* L.A. - Lost applications;

* C.A. - Clarification applications;

* S - School Identity;

* C.I. - Clarification Identity;

* L.I. - Lost Identity

At the end of the sequence No if you find "T" those are issued to people who were victims to Tsunami.

How to forward papers to get my son his birth right?

Question: My problem is that my son was born in Vienna Austria, in 1976, where I was employed legally from 1974 till 1979.

At the end of 1978 I was offered to undergo a training programme of two years of production of buttons and costume jewelleries out of 'Mother of Pearl Sea Shells and on completing the programme I had to come back to Sri Lanka to start the production in Sri Lanka as this was a project offered to Sri Lanka by the German Governmental Aid Programme.

As I was legally employed in Austria, I requested the Diplomatic authorities to get my son the Birth Right the Citizenship and said it is not possible as both parents are Sri Lankans.

While I was employed, I paid all the due taxes and the insurance as well.

I would be very much obliged, Sir, if your goodself could advise me how I should forward my papers to get my son his birth right.

S.J. Wijaya Silva, Demanhandiya.

Answer: We discussed your matter with the Immigration and Emigration Department (Citizenship Unit) and they informed us that the Sri Lankan Government has no objection in your obtaining citizenship for your child as per the Law in that country.

In case you obtain citizenship for your child in that country, automatically the Sri Lankan Citizenship for your child will get cancelled. If you need both Citizenship for your child, you will have to apply for Dual Citizenship.

If any child is born outside Sri Lanka and has been registered at the Sri Lankan Embassy in that country under the Section 5 (2) of the Citizenship Act, the child is entitled to have citizenship in both countries until the age of 21 years.

Thereafter, he has to decide which citizenship he prefers. If you need further clarification, you could visit our Head Office at No. 129, Hulftsdorp Street, Colombo 12 with all necessary documents.

Stamp fee for affidavit

Question: Please let me know the "Stamp Fee" for an Affidavit ?

Gallage, Rathnapura

Answer: According to Stamp Duty (Special Provisions) Act No.12 of 2006, the stamp fee for an Affidavit is Rs.25/=. This came into effect from 06th October 2006.

Who can become a foster parent?

Question: I am doing a professional job. I would like to become a foster parent. Please let me know the criteria to become a foster parent.

Liyanage,

Wennappuwa

Answer: You are eligible to become a foster parent if you fulfill the following Criteria.

* Couples or a single person are eligible.

* Couples should be legally married for a minimum period of 03 years.

* A couple is preferable; however a single parent may be considered if it is in the interest of the child.

* There should be a 25 to 45 age difference between the foster parent(s) and the child.

* The applicants' family should be stable.

* The couple should demonstrate effective parenting, marital accord and an absence of domestic violence.

* A family where there has been a recent death of a child should not be considered unless placement in such a family would be in the best interest of the child.

Persons who cannot become a foster parent are:

* Person with a history of alcoholism, drugs, physical, mental or emotional complications that would interfere with the proper upbringing of the child;

* Person with a history of maltreatment or who has been a recipient of child protection service during childhood;

* Person who was convicted of any offence or who has a police record; and/or

* Person who has plans to proceed abroad for employment or other reason for a long period of time.

Please note that the Foster Care Order is valid for a period up to 1 year and can be renewed annually until the child turns 21 years old. However, there will be no need to renew the Order if the foster parent successfully applies to adopt the child or young person.

If you need any help you can contact our head office at the legal aid commission ,No129 , high court complex , Colombo 12 or the probation Department .

Ground for Divorce

Question: Please let me know cruelty can be taken as a ground for Divorce?

Kanchana, Maharagama

Answer: The Grounds for divorce under Marriage Registration Ordinance and the Civil Procedure Code (Under General law) are the following:

1. Adultery;

2. Malicious desertion; and

3. Incurable impotence at the time of marriage.

Cruelty is not a ground for divorce, although it may be a factor in determining malicious desertion.

Physical ill-treatment per se is also not a ground for divorce under the general law, but it is a cause for legal separation.

Divorce under Kandyan Law

Question: My brother is married under the Kandyan law . His wife is also Kandyan. Both of them are willing to get a Divorce. Please let me know how to proceed?

Madugalla, Katugastota

Answer: Kandyan Marriage and Divorce Act governs divorce among only those Kandyans married under this act. The act recognizes different criteria for men and women. Divorce can be sought on the following grounds:

1. Adultery by the wife;

2. Adultery by the husband, coupled with incest or gross cruelty;

3. Continued and complete desertion for two years;

4. Inability to live together, of which actual separation from bed and board for one year is the test; and

5. Mutual consent.

Under this act, an application for divorce is made to the district registrar of birth death and marriage. He may use his discretion to grant or refuse a divorce(The Marriage Registration Ordinance governs divorce between Kandyans who are married under the general law which is not applicable to your brother's case.

Indecent proposal

Question: I am a government servant. I have applied for a transfer to my home station.

All the criteria for the transfer are fulfilled including a replacement.

But my head of the institution does not approve my relief until I fulfill his physical needs. What am I to do?

Senadeera, Panadura

Answer: If you wish to take to legal action, you should first lodge a complaint with the police. Sexual harassment is a criminal offence.

It has been defined under Section 345 of Penal Code Act No.22 of 1995 as -

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

According to the Act, a person found guilty of such harassment will be punished with -

* A fine or

* Imprisonment and fine

* And may also be ordered to pay compensation to the victim.

In addition there is another alternative remedy. As you are a Government servant, in addition to aforementioned legal action that is available to victims of sexual harassment, you also can take action under the Bribery Act No.11 of 1954 (as amended). Soliciting or accepting sexual favours on condition the employee is given a promotion, transfer or any official benefit tantamount to soliciting or accepting a bribe. Thus, it is important that you should complain to the Commission to Investigate Allegations of Bribery or Corruption. This should be made confidentially.

Provident fund matter

Question: I have heard of the valuable service you render the public through the Legal Aid Page of the Ceylon Daily News.

I shall be much thankful to you if you will kindly favour me with a reply to the following:

I am receiving maintenance from my husband on a Court order. He is working in the Road Development Authority.

He is to retire from service in two years' time. He will not receive any pension. He will get a lump sum as Provident Fund.

Please let me know, as his legal wife, whether I am entitled to receive a part of his Provident Fund.

Name not disclosed

Batticaloa.

Answer: We referred your matter to the Superintendent, EPF Department. He stated that you are not entitled to receive your husband's Provident Fund after he retires.

You can obtain his Provident Fund after his death only if he has nominated you.

Otherwise, under the common law you are entitled to half share of your husband's Provident Fund and the other half will go to your children.

If you need any clarification you can call the Superintendent, EPF Department, Central Bank of Sri Lanka, Janadhipathi Mawatha, 2nd Floor, 'Ceylinco House' Colombo 1. Tel No. 2477207.

Legal Aid Commission

The Bar Association of Sri Lanka and the Ministry of Justice and Judicial Reforms have under Section 5 of the Legal Aid Law No. 27 of 1978 completed their respective appointments to the Commission as follows:-

Elected Members to the LAC by the Bar Council:

1. S.S. Wijeratne, AAL (Chairman), President, Child Protection Society of Ceylon.

2. Upali Gooneratne, AAL (Former President, BASL)

3. Manohara de Silva, PC

4. Rohan Sahabandu, AAL (Chairman, Legal Aid Foundation of BASL).

5. Swarna Perera, AAL (Negombo)

6. Thisath Wijegunawardene, AAL.

Nominees of the Ministry of Justice and Judicial Reforms:

1. Mrs. Kamalini de Silva, AAL (Addl. Secretary (Legal), Ministry of Justice)

2. Dr. W.D. Rodrigo, AAL (Principal, Sri Lanka Law College)

3. Uditha Egalahewa, AAL

Secretary to the Commission: Ms. Lilanthi de Silva.