LEGAL AID COMMISSION

Women in Sri Lanka

The 100th anniversary of the International Women’s Day was celebrated the world over on Monday, March 8. The pioneers to celebrate the women’s contribution to human society and development were the then Socialist block of countries and the trade union movement in developed countries. The first International Women’s Conference was held in Copenhagen.

The German Socialist Clara Zetkin proposed establishing a day to celebrate the achievements of women. In the following year March 8, 1911, the first International Women’s Day was celebrated in many European countries. Thereafter, Women’s Movements the world over led by the Socialist block of countries celebrated March 8 each year as the International Women’s Day.

The United Nations recognized the equal contribution of women to peace and justice using genderless language in there basic documents. Following the rise of the Women’s Movement in many countries, the UN declared 1975 as the International Women’s Year and organised the first world conference on women in Mexico.

The UN organised International Women’s Conferences in Copenhagen in 1980, Nairobi in 1985 and Beijing in 1995. The Bejing Conference recognized women’s rights as human rights and gender equality as the basics of empowerment, ‘Magna Cartar of Women’s Rights’.

The United Nations also adopted in 1979 the Convention on the Elimination of all forms of Discrimination against Women (CEDAW is ratified by Sri Lanka).

Women in Sri Lanka form the majority of the population, 52 percent and 57 percent of the voting population. Their contributions to the economy as foreign domestic workers, garment factory workers or as tea pluckers have been repeatedly acknowledged but the pathetic conditions of work faced by many female workers have not received attention of the policy makers who are overwhelmingly men.

Sri Lankan women have proved that even without adequate political representation or support that they have made a significant contribution to our society by sheer effort. The majority of students entering universities and law college for higher and professional educations are young women.

It is with justifiable pride we boasted that Lankan women occupied the 12th place in the world in the gender parity index of the World Economic Forum. The efforts of our women were placed way above that of the developed countries like the US, Italy and Japan.

Imbalance in political leadership

While Sri Lankan women have climbed the Gender Party Index in education and employment their voices are least heard in our legislature. An estimated 57 percent of the female population had only 6.8 percent or 13 members in the last Parliament.

This stands in poor comparison to other South Asian countries like India, Bangladesh and even Nepal where affirmative actions have raised female in Political representation to 32 percent. It is ironic that an island country which produced the world’s first woman Prime Minister and elected a female President twice has such a dismal record in elected females representation.

The classic defense of some of the feminist spokeswomen for poor representation of women is that the Politics in Sri Lanka is a ‘dirty game’ harming their female sensibilities. If we look at some of the election campaign displays one may have to sympathize with the argument.

Poor Women representation in elected legislature is a strong argument to restore a second chamber or a senate in a future constitutional revision. The nominated lists under 1978 Constitution which was intended to provide room for female representation have not worked. National list’s are dominated by senior male party members.

- S. S. Wijeratne

BASL elections 2010

The Bar Association of Sri Lanka election was held recently and Shibly Aziz, PC was elected as the President and Mahinda Bandula Kalehe Lokuge elected as Secretary uncontested for the year 2010/11.

Questions and answers

Issuing equipment for the handicapped

Question:
I am a handicapped person, please let me know the procedure that I should follow in obtaining a equipment from the Divisional Secretariat?

Anjana - Panadura

Answer: You (an applicant) must submit a request letter to the Divisional Secretariat.

An applicant can apply only for the below stated instruments.

* Tricycle
* Wheelchairs
* Calipers
* Artificial limbs
* Spectacles
* Hearing Aid
* Clutches
* Walking sticks/blind canes for the blind people

The Social Service officer interviews the applicant

If the Social Service officer is not satisfied with the request, the applicant will be disqualified.

Upon selection the Divisional Secretary approves application and hands it over to Social Services Ministry.

Applicant can collect equipment from the Divisional Secretariat office after they are informed by the Divisional Secretariat office via post.

Company limited by Guarantee

Question: What is a company limited by guarantee? Who can form a company limitedly guarantee? And what is the procedure?

W. Sithara

Katunayake

Answer: A company limited by guarantee is a company that does not issue shares.

The liability of each member is limited by the amount of the guarantee specified in the Company’s Articles as undertaken by that member to contribute to the assets of the company in the event of its being put into liquidation.

Application for incorporation of a company limited by guarantee.

Any two or more persons may apply to form a company limited by guarantee by making an application to the Registrar for the same, in the prescribed form signed by each of the initial members, together with the following documents.

a) The articles of association of the company;

b) A consent under section 203 from each of the initial directors, to act as a director of the company; and

c) A consent under section 221 from the initial secretary, to act as secretary of the company. (section 32)

It must be noted that the application for incorporation of a company limited by guarantee must be made by two or more persons. Whether such a company can with only two members continue to exist even after the demise of one of the two members in view of Section 32 which was hastily amended at the Committee stage of the Parliament, is debatable.

Company limited by guarantee must have articles with the objects

A company limited by guarantee shall have articles which sets out -

(a) the objects of the company; and

(b) the amount which each member of the company undertakes to contribute to the assets of the company, in the event of such company being put into liquidation.

A company limited by guarantee is not prevented from providing in its articles that specified clauses of the articles of association set out in the First Schedule to the Act., shall apply to that company.

Power to dispense with ‘limited’ in name of charitable and other companies.

Pension

Question: Can the Divisional Secretarial office stop some one’s pension after his/her death?

Asantha - Akuressa

Answer: Yes the Divisional Secretariat would cancel pensions after the demise of a pensioner.

In such a situation a relative of the pensioner must inform the Divisional Secretariat or the respective Post Office submitting the Death Certificate of the pensioner concerned that is required to prove his/her death.

If the pension is not collected within a period of three months the pension would be cancelled.

If the pensioner did not collect his/her pension within three months he/she must inform the Divisional Secretary of the respective Divisional Secretariat by forwarding a request letter stating reasons for not collecting pension.

Permit to cut down trees

Question: I have a large tree in my compound and I want to cut down the tree as it is creating a problem to the neighbours. Please let me know the procedure?

M. Nimal - Dehiwela

Answer: You must obtain an application form from the respective Grama Niladhari and submit completed application form to Grama Niladhari along with required documents.

Grama Niladhari will prepare a report and attaches to the application form.

The Grama Niladhari will hands over the application form and support documents to the respective Divisional Secretariat.

The Divisional Secretary or Assistant Divisional Secretary of the respective Divisional Secretariat carries out a field visit to verify the information provided by you.

When the Divisional Secretary or Assistant Divisional Secretary of the respective Divisional Secretariat approves the application, the permit is then issued to you.

Death certificate

Question: How to obtain a death certificate of a person who died in Sri Lanka?

Rimsa, sent by email

Answer: A Sri Lankan who dies within the divisional boundary of the secretariat is eligible to obtain a copy of the death certificate from the Divisional Secretariat of the Division in which the death took place.

If the death occurred outside the area of residence one must go to the Divisional Secretariat of the area in which the death occurred.

The procedure to be followed.

Obtain an application form

- Applicant must obtain an application form from the inquiry desk or from the relevant certificate Registrar of any divisional secretariat.

- Applicant prepares and fills application form 63 A.

- The supporting documents that should be accompanied to prove that the death occurred are as follows:

If the death is registered after three months has elapsed the following documents have to be produced:

* Grama Niladhari’s Report, if the death occurred at the residence.

* Medical Officer’s Death Report if the death occurred in hospital * Request letter * Death notice * Evidence of two eye witnesses through Affidavits.

* Buddhist priests who participated in the pansukula or clergy who participated at the burial * If there is a funeral assistance Society, oral evidence of the office-bearers of that society

If a sudden death, the Inquest Report of the Inquirer into Sudden Deaths.

Hand over application required

Applicant has to go to the Registrar and submit the application or post the application along with a stamped envelop, addressed to the Registrar

Note:

- Applications must be sent in only by Registered Post if it is being posted.

- Applicant must first inform the Grama Niladhari as soon as the death takes place. After which the Registrar must be informed before the expiry of 5 days after the death.

- The death certificate will be posted to the applicant in due course.

Applications accepted during:

9.00 a.m. - 12.30 p.m.

1.00 p.m. - 4.45 p.m

Consumer rights

Question: We are all consumers, but most of us are not aware of our consumer rights. When we are buying goods most of the time there is a price differences. We want to know whether the Consumer Affairs Authority could issue directives to traders and manufacturers on labeling, packaging, price market, etc. If so, what is the mechanism adopted by the Consumer Affairs Authority in granting redress to aggrieved consumers? How can a complaint or interested party make a complaint or obtain information?

Mendis, Sent by email

Answer: 1. Yes, Consumer Affairs Authority has power to issuing of directives to traders and manufacturers on labeling, packaging, price market, if you want to complain about unpracticed

2. Aggrieved consumers and traders can seek the redress from the Consumer Affairs Authority.

3. The mechanism adopted by the CAA in granting redress to aggrieved consumers - A written complaint along with supportive documents which relates to the sale of goods or to the provision of service should be sent to the Authority within three months.

An inquiry is held into the complaint. After an inquiry the Authority shall order the trader or the manufacturer to pay compensation to aggrieved party or to replace such goods or to refund the amount paid for such goods or the provision of services. A complainants or interested party can make a complaint or obtain information.

Complaints should be addressed to the Director-General of the Authority to the address given below:

Consumer Affairs Authority,
CWE Secretariat Building,
27, Vauxhall Street,
Colombo 2.

The Legal Aid Commission has already set up a Consumer Protection Desk. If you need any assistance relating to consumer rights, you can kindly call over at our Desk situated at our Head Office at No. 129, Hulftsdorp Street, High Court Complex, Colombo 12.

Service termination

Question: My wife and I are employed in a Company in Colombo. Her services were terminated in June 2008. She filed action in Labour Tribunal. When her Labour Tribunal case was pending it became imposible for me to work. I tendered my resignation stating the reason why I was unable to work in the Company. I filled action in the Labour Tribunal on the basis of constructive termination of employment in December 2009.

The Labour Tribunal has made order re-instating me with full back wages and my wife with half back wages. Are we entitled to EPF on the back wages ordered? There are different views on this matter. I am advised that as I am ordered full back wages I am entitled to EPF on the back wages. Please advise.

M.M. Chanaka Colombo

Answer: EPF is recovered only on ‘Total Earnings’. Back wages do not fall under ‘Total Earnings’. You and your wife are not entitled to EPF on back wages ordered by Labour Tribunal.

Labour Tribunal

Question: I filed an application in a Labour Tribunal in Colombo where I have not given the declaration that the statements contained in the application are true and correct. The employer has raised a preliminary legal objection. The learned President is inclined to dismiss my application. He has given me permission to tender written submissions. I am helpless. Please advise me.

Chamari, Kirulapone

Answer: Regulation 15 of the Industrial Disputes Regulations 1958 specify that the application to Labour Tribunal shall be substantially in form D. No. Provision is made in the Act or Regulation for any consequence to follow in case workman fails to tender an application in the identical form laid down in form D. in the Industrial Disputes Regulation. No. provision is made for the rejection or dismissal of an application which is not in compliance with Regulation 15.

According to Sec. 31 (c) of the Industrial Disputes Act, the Tribunal will have to make all inquiries to make a just and equitable order.

The Tribunal is making all inquiries as required under Sec. 31 (c) would necessarily consider whether the statements contained in the application are true and correct. This declaration is not a mandatory requirement.

This objection was taken in Court of Appeal in Case No. CA/223-81-De Silva Vs. Sri Lanka Central Transport Board Justice Moonemalle with Justice Dheeraratne agreeing.

Held - Regulation 15 is directory and not mandatory. Omission to include in the application to the Labour Tribunal the declaration set out in Form ‘D’ is not fatal to the application. The Learned President has erred in rejecting and dismissing the application on the basis that the application was not a proper application. The order of the Labour Tribunal was set aside and the case was sent back to the Labour Tribunal to hold an inquiry. Iii SRISK LR 1.

You may tender written submissions on the above lines. You will succeed. In case your application is dismissed A revision application can to be filled in the Provincial High Court.

How to get copy of Marriage Certificate

Question: My husband and I were living in Italy. My husband came to Sri Lanka last year and he never come back. He took all our Original Documents with him including Marriage Certificate, Birth Certificates of children. Now he is trying to file a Divorce Case. I want to get a copy of my Marriage Certificate.

Please let me know as a wife can I apply for a certified copy of the Marriage Certificate? Could you kindly let me know the correct procedure?

Meekubura, Mahara

Answer: As a wife you can apply for a certified copy of the Marriage Certificate. If you know the date and the year of marriage, you could visit the Divisional Secretariat’s Office, where you got married (Births/Deaths and Marriage Registrar) and obtain Form 121. In your case you have to go to the Divisional Secretariat’s Office where you got married.

The duly completed Form 121 should be submitted together with uncancelled stamps in payment of charges. If stamps are sent by post, it is advisable to send them under registered cover. All applications should be accompanied by a self addressed envelope.

If the certificate is required to be sent under registered post, the required registration duty should be affixed to the cover.

The certificate will be issued in the language it had been registered. If a translation is desired, a separate application in the relevant form must be made to the appropriate District Registrar or the Registrar-General’s Office, Denzil Kobbekaduwa Mawatha, Battaramulla.

The relevant stamp fees are given below:

Where the date of registration or the number of the entry is given the stamp fee for one copy of the certificate is Rs. 25.

Where the date of registration or the number of the entry is not given and a search of Registers not exceeding three months is involved fee for one copy of the certificate is Rs. 50.

Search of registers only for a period not exceeding two years the stamp fee is Rs. 100. (No application for search shall exceed a period of two years).

Please do not pay any other fee other than stamp fees mentioned herein.

Disclaimer

The answers to questions are the legal views of individual lawyers and the Legal Aid Commission only compiles them for the Daily News Legal Aid Page.
Yours questions should be addressed to - Daily News Legal Aid Page
Chairman
Legal Aid Commission
No 129, Hulftsdorp Street
Colombo 12.
Email:[email protected]
Website: www.lawaid.org