For the past 100 years, many countries in the world have celebrated March 8 as the International Day of Women. The world wide celebrations by the Government, the UN and Women's Organizations are aimed at celebrating the female historical achievements and renews the "resolution to address outstanding issues of gender inequality.

Sri Lanka which has gained a leadership place in gender empowerment celebrated the IWD, with a plethora of celebrations and activities sponsored by the Ministry of Women Development and many provincial and Non Governmental Organizations. The UN, in keeping with international style hosted a discussion in a five star hotel in Colombo to attract media attention. Legal Aid Commission organized celebrations in Moratuwa, Vavuniya and Kalmunai.

Past tradition

An International Organization following past tradition selected a group of outstanding women in diverse fields and presented them with awards thus acknowledging their unique individual contributions. Sri Lankan women are among the leading women in the world for individual distinction for having produced the worlds first woman Prime Minister and a powerful elected Executive President.

Celebrating individual achievements of a handful of outstanding women should not blur the unique contribution of Sri Lankan women at large to our economy and social upliftment. Sri Lanka's foreign exchange for the past few years has depended on female labour in terms of foreign domestic employment as garment workers and more traditionally working in the tea plantations as tea pluckers.

Singular contribution

Their singular contribution in these vital sections have not yet been officially recognized but taken for granted. In countries like the Philippines foreign domestic workers when returning are received with honour and provided with special facilities for the contribution that they make to the national economy. In Sri Lanka foreign domestic workers are socially looked down upon and are confronted with broken homes due to lack of a social security system during their absence from homes. Authorities in charge of foreign employment issues should not only boast about the large number of workers sent abroad for menial employment but should also devote some of the resources collected from the hapless workers to launch programs to improve their dignity and image. Sri Lankan women need not ape the feminist movements and the aggressive feminist culture of some of the developed countries.

Empowerment of women

Empowerment of women as a counter culture to the male dominated social and historical traditions have resulted in the collapse of the institutions of marriage and the sanctity of the family. The provision in Article 16 of the Universal Declaration of Human Rights (UDHR) that the family should be protected by both the State and society as the basic unit has never been promoted by global Human Rights Institutions.

In Sri Lanka, the women empowerment programs should be framed within the UDHR Provisions and the historical traditions of the Sri Lankan society. Sri Lankan Buddhist traditions place women on equal terms with men in terms of spiritual developments. "Singalowada Sutra" the code of conduct for Buddhist lay persons spell out the equal role of men and women in society.

Role of women

In modern Sri Lanka despite being a majority, the role of women in political leadership is lamentably negligible. This is despite individual women political leaders leading the country for 24 years. Our Parliament has only 5% women members where nearly 52% of the countries population is women.

At Provincial Council level the situation is still worse with Central and Southern Provincial Councils not having a single elected Provincial Councillor.

According to a news report only 16 women out of over 306 candidates have come forward to seek election to the Western Provincial Council. Women should not continue to stay away from political participation just branding politics as a "Dirty Game"". Women should partner men to achieve overall gender empowerment.

S. S. Wijeratne

New LAC centre in Panadura Courts

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Victims of criminal offences urgently need "Legal Aid

- Panadura Magistrate

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After opening the new Legal Aid Centre within the Panadura Court Complex, Panadura Magistrate Thushara Rajasinghe remarked that the aggrieved party or the victims of crime need legal representation to safeguard their right and seek compensation in appropriate cases.

Under our present criminal justice system, the innocent victims of rape, robbery, fraud and criminal accidents are left to fend for themselves and very often they are poor people.

LAC Chairman S. S. Wijeratne said that there are over 130 different courts in the country but there are 85 court complexes and due to financial constraints the Legal Aid Commission has offices only in 48 complexes. Until the LAC is able to establish centers in all the court complexes, Sri Lanka cannot claim to have a comprehensive legal aid system.

It should be noted that poor litigants in one court cannot take their cases to another court where you have a LAC Centre. The poor people in the Pugoda, Kaduwela, Homagama or Wattala judicial zones are unable to seek legal aid from Colombo or Negombo.

The LAC should receive the support of the state, the Ministry of Justice and International Donors who are genuinely interested to equal access to justice to establish Centers in the balance court complexes. LAC Director-General Justice Hector S Yapa detailed the rapid progress that the LAC has achieved during the past few years by expanding from nine Centres to 48 LAC Centers with the support of the Ministry of Justice and the President's Office but appealed to the members of the Panadura Bar to assist the Legal Aid lawyers to conduct legal aid clinics in remote villages.

President of the Panadura Bar Indradini Udawaththa, AAL traced the history of legal aid programs at Panadura and described how eminent senior lawyers of the Bar have helped legal aid in the past.

Legal Officer, LAC Centre, Panadura Nandika Gunawardena, AAL thanked the judges and the members of the Panadura Bar for participating in the ceremony.

Questions and Answers

Legal provisions relating to E - transactions

Question: What are the legal provisions relating to purchase of goods and services using the E-net? Your early reply would be greatly appreciated

S.Suresh

Wattala

Answer: General principles and rules under the Law of Contract subject to modification apply to electronic transactions as well. Advertisers advertise their goods and services using E-net. Computer user views these ads on the computer screen.

We have to verify whether this is an offer to purchase the goods or services,displayed on the screen or invitation to treat. For e.g. when you go to a supermarket,goods are displayed.

The purchaser will pick items and go to the tills. At that point the shop owner or counter clerk is entitled to sell the article or not. Likewise computer operator has to click the enter button and offer to buy the article or services advertised on the screen. The advertiser can decide whether to accept or decline not such an offer.

When the advertiser accepts the offer displayed in the computer, the next step is for the computer user to make the payment. Mode of payment in e transactions is important since the payer cannot make the payment to the payee being satisfied with the quality of goods or services.He can later advice the bank to stop the particular payment,If dissatisfied with received the goods or services.

E-payment

Question : What is the legal position relating to payment in E transactions.

Asha

Colombo

Answer: Normally a payer(Computer Operator) has to give credit card details or bank details by prior arrangements entered in to with Bank. Once the payer enters these details the transactions will be completed.

Under normal circumstances however, countries in the european Union , Australia and the United States 'e ' services have been given to the satisfaction of the consumers.

In the European Union E transactions are governed by E Commerce directory, where within a specified time period consumers are entitled to return the goods or to complain on services to the seller and claim the money paid to the Bank.

In Australia E-commerce guidance may give protection to consumers and it is the duty of the seller to provide all details about goods or services offered to the consumers.

If the consumer is satisfied he has to agree unconditionally and inform to the seller before the payment - e.g. shrink-wrap conditions.

If you are familiar to online business you should read the condition before you enter purchasing goods. You have to read the terms and conditions and required to click "I accept" button.The sellers presume that you have understood properly the terms and conditions or other statements relating to the quality of goods and services offered. Currently Sri Lanka does not have a Data Protection Act or e-commerce guidance relating to online purchasing. Therefore consumers have to take precautions prior to entering in to transactions. At the moment there is an element of risk in 'e ' transaction.

Labour matter

Question: I work at a printing press and I would like to know the following:-

I) The working hours

II) Overtime payments

Kawiska

Chilaw

Answer: On a week day 9 working hours including lunch hour.

Saturday 6 hours including lunch hour.

Overtime payment is 1 1/2 days for one hour

If working on a Sunday then overtime is monthly salary120 Overtime on public holidays is 3 hours salary for one hour.

Accident at work place

Question: I met with an accident while on employment and as a result I lost my right arm. This accident occurred in December last year. The company promised to pay me but up to date they have not done so. Am I entitled to compensation?

Samantha,

Kandy

Answer: Under the Workmen's Compensation Ordinance if an employee meets with an accident while in service and as a result of his employment, then he is entitled to compensation computed on the basis of the seriousness of the injury.

Such Compensation has to be obtained by forwarding an application to the Labour Commissioner.An application has to be forwarded within two years of accident. You have to forward this application with a medical certificate obtained from a qualified practitioner. The address.

The Commissioner of labour, Labour

Department , No 136,
Vauxhall Street,
Colombo02.

Problem in Marriage Certificate

Question: As I lost my marriage certificate. I applied for a copy, But the District Secretariat office informed me that such a marriage has not been registered at that office . I scrutinized this again and checked the records for one year and got the same answer . I got married 22 years ago and how do I trace this . Please advise me .

Lionel,

Sent by Email

Answer: If you have photo copy of your marriage certificate the Registrar General has discretionary power to look in to this matter.Otherwise it means your marriage is not registered yet . But in a court case there is a presumption that you are married by habit and repute .(Customary Marriage).But to get a Marriage Certificate it is essential that you have to married by a Registrar of the Marriage .

Also try to remember the registrar who registered your marriage -where the marriage was registered, the date and your then residence and re-apply for the certificate. Failing everything please re register your Marriage.

Accident

Question: My father was working as a driver of a land owner. On the way to the land of the owner met with an accident and broke his two legs. This had happened one and half years ago. Is my father entitled to compensation?

Chandradasa

Raddoluwa

Answer: Yes. For your father to seek compensation he has to file a case in the relevant District Court before the expiration of two years of the accident.The accident case will be filed in the Magistrate's Court by the police and it is not necessary for the accident case hearing to be completed for the filing of the civil case ( compensation case)in the District Court.

Since your father may not be in a physical condition to attend court he has to appoint a "Next of Kin " on his behalf.

Change of religion

Question: Please let me know if a Muslim becomes a Buddhist by convertion. Can he change his name to a Buddhist name and also his nationality.

Kanchana

Narahenpita

Answer: He can change his name any time. But the new name has to be use in for at least one year and he has to submit at least three documents to prove that he is using the new name . But in " cage 13" of his Birth certificate this new name will appear. But he cannot change his nationality .To do so he has to file a case in the District Court. But even so , it may be a difficult if not impossible task is to change one's Nationality .

Pension matter

Question: Please let me know if a pensioner later becomes a Buddhist Monk will he continue to get his pension . Can he get the pension under the monk's name? After his death can his wife be entitled to his pension?

Buddhist monk

Sent by email

Answer: Yes. Even though he has become a Buddhist Monk he is entitled to his pension. If he is willing to take his pension under the Monk 's name he has to submit a request by way of letter to the Pension Director with a letter of the Sanga Sabawa(Council of Sanga). Then he will transfer your pension to your Monk's name. Under the pension minites and circular his wife is entitled to have his W&OP on his death whether he is a Monk or not .

Changing name in Birth Certificate

Question: I was born at Bulathkohupitiya. In the Birth Certificate my name appears as "M.Kasturiarachchi".

I am now an American citizen, domiciled in the United States. In all my documents, including the passport and citizenship certificate, my name is given as M.Kasture - (abbreviated for convenience).

I intend to apply for Sri Lankan Citizenship and eventually came back home. Having a different name in my Birth Certificate will create problems for me,

Can I change my name in the Birth Certificate to M.Kasturi? If no, please advise to the steps to be taken .

M.Kasturi,

Boralesgamuwa

Answer: Under the Birth and Deaths Registration Ordinance, If you are a Sri Lankan you can change the name in your Birth Certificate at any time. You have to visit the Divisional Secretary's Office and get the Application Form.

Thereafter fill the same and hand it over to the Divisional Secretary's Office where you were born. In that procedure you have to submit an affidavit with three documents to prove that you are using the proposed name for the last one year. Otherwise you have to put a paper advertisement regarding the proposed name and use it for one year. Thereafter you can change the name. In that case, your Birth Certificate can be amended according to the proposed name. In Cage 13 of your Birth Certificate, your new name will be seen.

Peaceful neighbours

Question: When two neighbours make complaints to the police regarding their disputes on several occasions , can the police take any action to control their behavior through the courts ?

M.Answer,

Negombo

Answer: According to the Criminal Procedure Code section 81, the police can take any action to control such kind of behavior through the courts. The section says that When ever a Magistrate receives information that any person is likely to commit a breach of the peace or to do any wrongful act that may probably occasion a breach of the peace within the local limits of the jurisdiction of the court of such Magistrate, or that there is within such limits a person who is likely to commit a breach of the peace or to any wrongful act as aforesaid in any place beyond such limits the Magistrate may in manner hereinafter provided ordered to execute a bond with or without sureties for keeping the peace for such period not exceeding two years as the court thinks fit to fix.

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Passport

Question: All the "Visa"pages in my passport have been exhausted.

I wish to know whether I should apply for a fresh Passport?.

Rathnapaba

Mount Lavinia

Answer: The answer is "Yes". No additional Sri Lankan Passport should be issued to a person already holding a valid Sri Lankan Passport. If however, all the available space for visas on a Sri Lankan passport has been exhausted, the holder must apply for and obtain the fresh passport. Where the valid visas appear on a passport with all visa pages exhausted and the holder intends to travel to the Countries for which such visas have been obtained, the new passport issued to such holder should be attached to the passport already held by him/her and an endorsement must be made on the new passport in the following terms- "The holder previously travelled on Sri Lanka passport No ......... issued on ...... by....... Which bears valid visa for ......... Official date stamp

Signature/Official Designation on issuing Authority

"This endorsement must also be made in the case of a new passport issued to a person , the validity of whose passport has expired at the end of 10 years from the date of original issue and which bears valid visas for one or more countries , except those countries which are not officially recognized by the Government of Sri Lanka