Legal Aid Commission

International Volunteers Day

International Day for Volunteers was celebrated on December 5. The Legal Aid Commission commenced an annual program to support Legal Aid Volunteers in 2009 with the support of United Nations Volunteer Program (UNV) and International Volunteer Agencies. Under the Legal Empowerment Program (LEV) Law and Sociology under graduates were assigned to Legal Aid Centres islandwide to undertake legal empowerment programs in the community.

Volunteerism is the life blood of civilized society. Human beings as social animals are engaged in a journey of life time volunteerism. At individual and family level, we attend to numerous unpaid chores such as cleaning, caring and child raising without payment as volunteers. So are the family functions relating to birth, marriage and death.

We participate in Parents Teachers Associations (PTA) activities of school and different Shramadana activities for the welfare of the school without a murmur. In point of fact, without volunteer fund raising activities of parents and past pupils associations, our educational system would be in serious trouble. This individual family and school volunteerism get extended to other spheres of social life.

Volunteerism could be described as second nature to human life. Historically common and collective security was the sinews by which human progress was achieved. With the evolution of modern socio-economics, specially with dawn of Capitalists, Marxist doctrines, a financial value was assigned to every human endeavour.

Wages, salaries, cost of capital and profits replaced the volunteerism of the human family. Even in the modern context, volunteerism still pervades many aspect of human life and is now considered a human value that needs perpetuation.

Volunteerism is defined as the “willingness of the people to work for others without being motivated by financial gain”. Majority of people has an altruistic streak in them. Volunteerism is the method through which this human streak reaches fruition. The dominant social theme in any society is volunteerism and they take different forms - i.e.

(1) Ad-hoc volunteerism - This is the most common form where individuals and families participate in different social functions and organization as when the need arises. Women’s groups, School Societies, PTAs, Death Donation Societies are some of the examples of the ad-hoc or impromptu volunteerism which is the commonest form.

(2) Faith based volunteerism - The religion based volunteerism is one of the oldest and long lasting form of volunteerism. Buddhism and Buddhist practices are based on the fundamental precept of volunteerism. So are the other religious orders - Christianity, Islam, Hinduism or Zoroastrianism. The intermittent religious crisis arising out of militarily or economically forced conversion goes against the core grain of volunteerism.

(3) Professional volunteerism - Volunteer Associations of professionals, such as lawyers (BASL), doctors (GMOA) or Accountants are a dominant influence in the modern society. These societies will develop the internal rules and could become members of umbrella organization such as the Organization of Professional Associations (OPA).

(4) Service Volunteerism - As illustrated in the definition, the key element of volunteerism is the service to others without motivated by money. Service organizations are national and international. Among the national volunteerism organizations is the Child Protection Society founded in 1928 by Sir John Parsons when the Government was not involved in child protections. The Rotary and Lions Movements illustrate national and international volunteer movements of the world. United Nations Volunteers (UNV) and Voluntary Services Overseas Organization (VSO) are leading international voluntary movements.

(5) Statutory volunteerism - Volunteerism pins its legitimacy and legal person more often through statutory recognitions. Thus many Voluntary Organizations in Sri Lanka are registered under Voluntary Social Services Organization Act No.31 of 1980 or incorporated under acts of Parliament. Non profit voluntary societies are also incorporated under the Companies Act of 2007. Cooperative Societies Act, Elders Law No.9 of 2000 and The Trusts Ordinance.

Volunteerism should be included in the educational curricular as a subject that will underpin peace and development of Sri Lanka.

S S Wijeratne

Apsara memorial lecture on volunteerism

The Apsara memorial Lecture 2010 was delivered by Legal Aid Commission Chairman S S Wijeratne on December 8, at the Law Faculty of University of Colombo to mark the International Day for Volunteers 2010.

The Legal Aid Volunteer program successfully implemented by the LAC with the support of UNDP, V.S.O. and VOICE selected posthumously volunteer Apsara Vithanage, a final year Law student as the Legal Aid Volunteer for 2009. Late Apsara Vithanage worked as a Legal Aid volunteer in the Balapitiya Legal Aid Centre and LAC headquarters in Colombo specializing in elders and disable persons legal empowerment programs.

In Balapitiya, she organized elders rights awareness program and visited elders homes to advise and encourage elders to live an active life.

She also helped many elders who were neglected by their children to provide sustenance for their aging parents as provided in the Protection of Elders Law No. 10 of 2000. In Balapitiya late Apsara helped tsunami affected orphans and persons with disability to obtain legal protection. After completing a monograph on elders protection late Apsara Vithanage was preparing for LLB finals when she suddenly departed from this world leaving her family and friends and the beneficiars of her volunteering work.

The Legal Aid Volunteer of the year award will be received by her loving parents, from the Chairman of LAC S S Wijeratne.

Annual volunteer of the year award will be named as ‘Apsara Award’

Questions and Answers

Pension matter

Question: I am holding a pensionable post in the Government Sector. I also contribute to the Widows’ and Orphans’ Pension Scheme. Please let me know the following:-

(a) What are the documents required to apply for the Widows and Orphans’ Pension?

(b) Who is eligible to obtain the Widows and Orphans Pension?

(c) How can they obtain the W&OP? Your answers to the above questions would be greatly appreciated.

M Joseph Meegoda.

Answer: (a) The following documents are required to apply for the Widows and Orphans’ Pension Scheme:-

- Original Birth Certificate
- Original Birth Certificate of wife, if married
- Original Birth Certificate of children, and
- Original Marriage Certificate. Officer appointed with a pensionable post have to fill form General 86 and should be sent to Secretary and Accountant Widows’ and Orphans’ Pensions Scheme Section, Department of Pensions, Maligawatte, Colombo-10.

(b) Widow of pensioner/ officer, unemployed unmarried female children who are less than

26 years, unemployed male children who are less than 26 years (c) Request should be made to relevant Divisional Secretary with original death certificate of pensioner and Widows’ and Orphans’ Pensions number after the death of pensioner

Rehabilitation of Disabled Persons

Question: Please let me know whether is there any project for the rehabilitation of persons with disabilities. If so can you give us further details of that projects and address of vocational centres in islandwide.

Mother of a disabled child Sent by email

Answer: The Social Services Department has introduced a project for the rehabilitation of disabled persons.

The objective of this project is to create an environment for the disabled people to protect their rights and to lead a life with dignity and full participation. Nineteen vocational training centres for persons with disabilities provide vocational training. The Department of Social Services directly runs five Vocational Training Centre’s as follows.

1. Vocational Training Centre - Liyanagemulla, Seeduwa
2. Ketawala, Leula
3. Wavinna, Wattagema
4. Thelambuyaya, Angunukolapelassa
5. Amunukumbura

Apart from vocational training extra curricular activities such as music, dancing and sports facilities are also provided. Every year cultural programs and exhibitions of products of trainees are also conducted. Parents of the trainees are also invited to training centres and are made aware of the course content of vocational training programs. Parents are educated to encourage the graduated trainees to continue their self employment projects.

Training programs conducted

Dress making, Industrial sewing(Juki), Repairing of Radios, Televisions, Air-conditioning and Refrigeration, Motor mechanism, Carpentry, Spray painting, Welding, Computer training, Building Construction, Wood Carving, Gardening, Leather work, Agriculture, Coir work, Typing, Textile weaving, Jewellery making, Batik,Watch repairing, Dentistry, Home science, Printing,Masonry, Handicrafts, Brass work, Lathe work, Tinkering.

Addresses of Vocational Training Centres

1. Seeduwa Vocational Training Centre
Liyanagemulla, Seeduwa.
Tel. No. - 011-2225305

2. Amunukumbura Vocational Training Centre
Amunukumbura, Wathurugama.
Tel. No. - 033-2227931

3. Rehabilitation Hospital Ragama
Vocational Training Section, Ragama.
Tel. No. - 011-2958212

4. Ketawela-Leula Vocational
Training Centre
Ketawela-Leula.
Tel. No. - 082-2225403

5. Wattegama Vocational Training Centre
Wavinna, Wattegama.
Tel. No. - 084-2276209

6. Thelambuyaya Vocational
Training Centre
Agunukolapalassa.
Tel. No. 047-2228333

7. Child Guidance Centre
Welapara, Nawinna, Maharagama.
Tel. No. - 011-2746801

8. Jayaviru Sevana
North Ambalanwatta, Puwakpitiya,
Awissawella

9. Day Centre for detoxified drug addicts
‘Navodaya’,
136,
Vauxhall St., Colombo 2.

10. Residential Centre for drug addicts
Jayaviru Samadhi Nivahana,
North Ambalamwatte Road, Puwakpitiya

Run by NGOs
1. Sarvodaya Suwasetha
Vocational Training Centre
55, de Soyza Rd., Rawathawatta, Moratuwa.
Tel. No. - 011-2647158

2. St. Thomas Dress Making
Centre for Deaf
220, Idama, Galle Road, Moratuwa.
Tel. No. - 011-2644304

3. Rehab Lanka
Keththarama Temple Rd.,
Maligawatta, Colombo 10.
Tel. No. - 011-2689287

4. Islamic Centre for Rehabilitation of Disabled
Doolmala, Thihariya.
Tel. No. - 033-2287840

5. Sukitha Vocational Training
Centre for Women
Padukka Rd., Horana.
Tel. No. - 034-2261037

6. Sarvodaya Suwasetha Centre Maha Heenatiyangala, Kalutara.

7. Saviya Sanwardana Foundation
Vocational Training Centre for Physically Handicapped,
Kandegodawatta, Imaduwa.
Tel. No. - 09-22234281

8. St. Joseph Sathwa Sadhana Centre Walakumburumulla, Weralugama,
Kuliyapitiya.
Tel. No. -037-2282471

09. Vocational Training Centre for Disabled
Perera Mw., Bandarawela.
Tel. No. - 057-2223705

10. Swarnadhama Foundation
Dunkannawa, Chilaw.
Tel. No. - 032-2251222

Centre for Disabled Women
Pahalagama Rd., Kongollawa, Thalawa.
Tel. No. - 025-2257586

If you need further detail you can contact Social Services Department at Battaramulla.

Social Service Department and Disabled People

Services provided;

*Conducting training programmes for the staff and referring them to Outside training programmes

* Provision of vocational training for disabled youth, provision of implements of trade for self- employment, referring them for open employment and provision of assistive devices for the disabled persons

* Provision of shelter and care for the mentally retarded boys

* Issue of special identity cards for the deaf persons

* Conducting early intervention programs through Child Guidance Centre. Conducting awareness programs for the parents and conducting teacher training programmes

*Rehabilitation of drug addicts and detoxified addicts through residential training programs and home based training programs and provision of vocational training and referring them to open and self- employment, conducting awareness programs for schoolchildren, community workers and parents

* Recommendation of duty waiver for the donations received from abroad to the NGOs registered under the Ministry of Social Services and Social Welfare and also recommendation of approved charity status for the NGOs and recommendation of concessionary rates for water and electricity bills for NGOs.

Provision of financial assistance and other assistance to voluntary Organizations

ICCPR Act No. 56 of 2007

QUESTION: I know most of the disabled children are neglected in their own families. Is there any provisions to safeguard disabled children under the ICCPR Act? Kindly let me know through your valuable Daily News Legal Aid Page.

Karunadasa Waga.

Answer: As per the International Covenant on Civil and Political Rights (ICCPR) Act No.56 of 2007, the rights of a child are:

(1) Every child has the right to -
(a) have his/her birth registered and to have a name from his/her date of birth.
(b) Acquire nationality.
(c) be protected from maltreatment, neglect, abuse or degradation; and (d) have legal assistance provided by the State at State’s expense in criminal proceedings affecting the child, if substantial injustice would otherwise result.

(2)In all matters concerning children, whether undertaken by public or private social welfare institutions, Courts, administrative authorities or legislative bodies, the best interest of the child shall be of paramount importance.

Partition Action

Question: The interlocutory decree has been entered in a Partition Action filed by me. Even though proper notices were issued to the Defendants, none of them were present on the date of trial.

Therefore the case was heard ex-parte. However, now one of the Defendants has filed a case under Section 48 (4) of the Partition Act. Is this possible? Please advice.

Nanayakkara Galle.

Answer: Under Section 48 (4) of the Partition Act as amended, special leave can be obtained by a Defendant on the following grounds:-

- If he/she has not been served with summons.
- being a minor or a person of unsound mind, has not been duly represented by a guardian ad-litem.
- being a party who has duly filed his/her statement of claim and registered his/her address fails to appear at the trial.

Thus, to make an application under Section 48 (4) of the Partition Act, the Defendant has to prove he/she was not properly served with summons or as to why he/she failed to appear at the trial.

From the facts disclosed by you, it is not clear on which particular ground that the Defendant made the application. However, if summons were served and if the fiscal returns show that the Defendant was properly served with summons, then the Defendant would not be successful in his application.

Action under ICCPR Act No. 56 of 2007

Question: I am blind. My husband also blind . My husband died while serving as a public servant. As I am entitled to his pension under the Widows, and Orphans, Pension Scheme, I made a request for the same. So far no steps have been taken to pay me my husband’s pension. Your kind advice is solicited.

C Chaturika, Dehiwela

Answer: First make sure whether you submitted all the relevant particulars. This you can do by writing a letter or by making inquiries at the Divisional Secretariat.

If you do not get any response, you can institute action under the ICCPR Act No. 56 of 2007. This Act recognizes the rights of citizens to access to public services. Action has to be instituted within 03 months.

If you get a reply denying your pension for unacceptable reasons, you can file a Writ Application against that decision.

Domestic violence

Question: I am disabled. My wife and children are now ill treating me. I cannot go to the Police station as I cannot walk.

Please advice me as to what kind of action I have to take to overcome in this situation and what are the relief that I can obtain under the law?

Dinura Matara

Answer: Under the Domestic Violence Act No.34 of 2005, you can seek relief to get a protection order against your wife and children. Under the Domestic Violence Act No.34 of 2005, a person, in respect of whom an act of domestic Violence has been, is , or is likely to be, committed (hereinafter referred to as “an aggrieved person) may make an application to the Magistrate’s Court for a Protection Order, for the prevention of such act of domestic violence.

2 An application under subsection (1) may be made
(a) by an aggrieved person;
(b) where the aggrieved person is a child, on behalf of such child by

1 a parent or guardian of the child;
2 a person with whom the child resides;
3 a person authorized in writing by the National Child Protection Authority established under the National Child Protection Authority Act, No.50 of 1998;or

(c) by a Police officer on behalf of an aggrieved person.

Under the Domestic Violence Act, you can ask for the prohibitions those 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. In your situation ,there are three ways of getting a protection order - i.e. on your own by making an application to the Magistrate’s Court or via making a complaint to the Police station or through a lawyer.

According to your question you have not taken any action as you are disabled. So please call 118 or 119 and make a complaint to the police. On your complaint, the police will visit your place of residence and they will take suitable action to protect and safeguard you. Otherwise you can call the Legal Aid Commission Disabled Unit at the Head Office or any of its Legal Aid Centers islandwide.

The Disabled Act No.28 of 1996 and Disabled Laws and Regulations also have provisions to safeguard disabled persons like you.