Features | Online edition of Daily News

Even a basic knowledge about the laws applied in the country and the consequences of violating such laws in effect play a role in preventing people from committing offences of various nature. On the other hand, to make equal access to justice a reality, people should have the access to legal assistance in addition to having a basic legal awareness.

The Legal Aid Commission of Sri Lanka (LAC), established in 1978 by the Law No. 27 of 1978, is providing these services to people of Sri Lanka, through its fully fledged Head Office in Colombo High Court premises and 67 Court-based Centre throughout the Island.

Legal Aid Commission (LAC) Anuradhapura Centre Legal Officer Mahesha de Silva addressing Senior Grama Niladhari’s, DS Officers and elders at the Neethi Udanaya programme held at the Galgamuwa Auditorium on October 15. Legal Officer of the LAC Head Office Piyumi Kumari Samarasinghe, LAC Anuradhapura Regional Director Asoka Mahadiulwewa and LAC Chairman S S Wijeratne were also present on the occasion. Picture by W Chandradasa

The LAC, which presently employs over 100 fully-qualified Attorneys-at-Law, can be fittingly called the ‘largest public sector independent legal aid firm’.

Sensing the significance of schoolchildren, as future citizens, acquiring a basic knowledge about law, the LAC has conducted many school-focused programmes (e.g. Law Circles, essay competitions) with the cooperation of the Ministry of Education and repeatedly emphasized the importance of introducing legal literacy as an optional subject in school curriculum (Rf. ‘Legal Literacy in Schools’ - September 15, 2006 and ‘Basic Law in Schools’ February 16, 2007 in Daily News Legal Aid pages).

As parents are naturally keen about their children’s education and their subject based activities, introducing legal literacy as a subject in schools will, in turn, make the parents also somewhat literate in law. Teachers involved in teaching the subject will also become literate in law. It is evident that, significant positive effects in the society can be expected from such an initiative.

It is comforting to observe that some legal topics have been infused into the current secondary curriculum subjects. While greatly appreciating this initial step, it is believed that separate subjects like ‘Legal Literacy’, which can be offered at G.C.E. (O/L) Examination, are also introduced into the curriculum in near future. That will pave the way for introducing law related subjects for G.C.E. (A/L) Stream also. Such law related subjects will be gladly welcome by students who wish to enter the Law Faculty or the Law College or other institutions to pursue their education in law.

As the Chairman of the LAC has stressed on a previous occasion, the LAC, with its human resources and extensive centre network, is willing to support such an initiative by providing research, training and capacity building etc.

Questions and Answers

Citizenship Certificate

Question: My daughter was born in France. We registered her birth at the Sri Lankan Embassy in France. She has a Consular Birth Certificate. Now she is 18 years old. Is it necessary to get the Sri Lankan Citizenship Certificate along with the Consular Birth Certificate to apply the identity card in Sri Lanka. If so I wish to get a Sri Lankan Citizenship for my child. Please let me know if it is possible to get this done in Sri Lanka? I await your kind reply.

Answer: Yes. It is a necessary to get the Sri Lankan Citizenship Certificate along with the Consular Birth Certificate to apply the identity card in Sri Lanka. You can get the Citizenship certificate for your child in Sri Lanka under the Citizenship Act, Section 5(2). You have to go to the Citizenship Unit 3rd floor of the Department of Emigration and Immigration at Ananda Kumaraswami Mawatha, Punchi Borella, Borella and get the application form. The application form should be duly completed and submitted to the relevant section of the Department. The following documents have to be submitted to the Department along with your application:

1. Application
2. Overseas Birth Certificate of the child
3. Consular Birth Certificate
4. Birth Certificate of parents
5. If the applicant is a Sri Lankan citizen by registration the relevant certificate
6. Parents’ Marriage Certificate
7. Parents’ travel documents at the time of child’s birth, (If the parent’s are refugees, Sri Lanka Refugee the Divisional Secretary and any other supporting documents.)
8. Declaration that the applicant (father/mother) has not acquired citizenship of a country other than Sri Lanka at the time of child’s birth.

Birth registration fee:

For application made within prescribed period (one year) - Rs. (SL) 5,000. Rs. (SL) 500 should be paid for each delayed year.

If the documents referred to above are submitted without the originals, those documents should have been duly attested by the Sri Lankan Mission or Consulate of the country of domicile.

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 she has to decide which citizenship he prefers.

Giving succession for deed given under Land Development Ordinance

Question: I am an owner of the state land. How would succession take place for a land for which ownership has been by a State grant?

Answer: 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. 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. 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

Land Commissioner General,
Land Commissioner General’s Department,
No 7, Gregory’s Avenue,
Colombo 7.

Maintenance case without marriage certificate

Question: We got married in Italy and registered our marriage at the Sri Lankan Embassy in Rome. I came to Sri Lanka last month. Because my husband ignored and neglected me. The Marriage Certificate is with my husband.

I want to know whether I could file a maintenance case without the Marriage Certificate. Your early reply would be greatly appreciated.

Answer: If you are keen to file a maintenance case, you must first obtain a certified copy of the Marriage Certificate. Without the Marriage Certificate, you are unable to prove that you are married. If you know the date and place of marriage, you can apply for a certified copy of your Marriage Certificate.

In your case, if you want to get a certified copy of your Marriage Certificate you can get it 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.

Protection of elders

Answer: Yes. It is a legal duty to care for elders in Sri Lanka. Under the Elders Act No. 09 of 2000 recognised the importance of caring of Elders.

Section 15(1) of the Elders Act states that “Children shall not neglect their parents willfully and it shall be the duty and the responsibility of children to provide care for, and to took into the needs of their parents.

(2) The State shall provide appropriate residential facilities, to destitute elders who are without children or are abandoned by their children.

(3) No elder shall, on account of his age, be subject to any liability, restriction or condition with regard to access to or use of, any be subject to any liability restriction or condition with regard to access to or use of, any building or place or institution which any other person has access to or is entitled to use, whether on payment of any fee or not”.

W&OP payment

Question: I married a person who was a government servant at the time of marriage. But we lived separately. I never divorced him. Three months ago he died. I want to know whether I am entitled his W&OP pension. What shall I do? Please advise me?

Answer: If you are the legal first wife of your husband and you can get his W&OP pension. You have to inform to the pension department that you are legal wife. They will sent you necessary information. The address is given below:

Death certificate

Question: My father died in Italy five years ago. At that time my mother had already registered his death with the Italian Embassy. I lost my father’s original Death Certificate. Please let me know how I can get it back?

Answer: If your mother had already registered in your father’s death at the embassy. You have to apply the certified copy of the Death Certificate at the Central Record Room at Maligawatta, Colombo 10. You have to get the application form B63 from any of the divisional secretary’s office and fill it and handed over it with the relevant stamps and self address envelope. After that you can get the certified copy of your Father’s death certificates.

Contempt of court

A ‘Criminal Contempt’ is an act that obstructs justice or attacks the integrity of the court. Such an act includes contempt in the face of court (i.e. contempt in facie curiae), publication of matter scandalizing the court, acts calculated to prejudice the fair trial of a pending case, civil or criminal, reprisals against those who participate in legal proceedings for what they have done, impeding service of or forging, the process of the court etc (contempt ex facie curiae).

Such contempt are regarded as criminal contempt even if committed in relation to court proceedings. For example, disruption of court proceedings is regarded as criminal contempt irrespective of whether the proceedings are civil or criminal.

The unlawful publication of matter calculated to prejudice the fair trial of a pending case is a criminal contempt case affected is itself civil litigation.

It will therefore be seen that consideration of public policy underlies contempt jurisdiction.

They are generally the protection of the administration of justice and the maintenance of the court’s authority. There lies at the heart of contempt the need for society both to protect its citizens’ rights and to maintain the rule of law. The court’s jurisdiction in contempt is an essential adjunct of the rule of law.

Copy of Death Certificate

Question: My mother died at my sister’s place at Anuradhapura two years ago. Her Death Certificate is with my sister and she is not willing to give me a copy.

I now wish to get a copy of my mother’s Death Certificate as I am her second son. Can I get a copy of the same? I also wish to get a translation of the Death Certificate.

Answer: If you know the date of death and the name of the person, you can apply for a certified copy of the Death Certificate from the Divisional Secretary’s Office where the death occurred.

The application form used to obtain Death Certificate is Form 63(a). Since your mother had died in Anuradhapura, you have to visit the Divisional Secretary’s Office in Anuradhapura and apply for a certified copy of your mother’s Death Certificate after obtaining and filling the Form 63(a).

Otherwise you can fill an application and send it to the Divisional Secretary’s Office where the death occurred, together with a self addressed stamped envelope. Then they will send you the copy of your mother’s death Certificate.

For the purpose of obtaining a translation of the same, you could get this done from the Registrar-General’s Office at Major Denzil Kobbekaduwa Mawatha, Battaramulla.

Registrar of Persons’ Dept

Question: Please let me know the address of the branch offices of Registrar of Persons’ Department in Sri Lanka?

Answer: The head office is situated at C45, Keppetipola Mawatha, Colombo 05,

Question: Please let me know the respective Zonal Office of the Registrar-General’s Department.

No: 234/A3, Denzil Kobbekaduwa 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. 0112329773

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

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

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

Correction of employees ‘B’ Certificates

Question: In my “B” Certificate my name appears with the wrong letters. How can I get the name in the employees “B” Certificate corrected if the name is wrong? Kindly advise.

Answer: The following particulars and documents are necessary for this purpose.

1. A letter from the employer certifying that the name in the “B” Certificate and the employee’s correct name represent one and the same person bearing employee number and that is no other person identifiable by the above names.

2. Member’s Certificate of Birth or Certificate of registration of marriage (if consequent to marriage a name change has taken place, the Certificate of Marriage instead of the Certificate of birth should be forwarded) photocopies of the above certificates should be forwarded duly authenticated by the present officer in charge of the certificate issuing authority.

3. Photocopy of the NIC (certified by the Grama Sevaka to the effect that it represent the relevant person and no other and countersigned by the District Secretary).

Authentication of photocopies could also be done by the Assistant Commissioner of Labour in the District Office or by the Senior Labour Officer.

A request should be made to the District Labour Office indicating the manner in which the name of the employee should be altered together with the above particulars and documents.

The amended “B” certificate will be forwarded to the employer after correcting the name in the documents and in “A” & “H” forms at the Office of Commissioner of Labour.

Changing name in Birth Certificate

Answer: Under the Birth and Deaths Ordinance, 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.

Job agreements

Question: I came to know that the Sri Lanka Bureau of Foreign Employment (SLBFE) wants all those leaving for overseas jobs to sign a Job Agreement in order to get them registered with the Bureau prior to their departure. What kind of information does it contain? Please advice me?

Answer: If you are a male worker, domestic worker for non Middle Eastern countries or a skilled female worker you should sign an agreement with the local recruitment agent. Domestic workers leaving to Middle Eastern countries must sign an agreement at the Embassy of that particular country.

1. Signature of employer
2. Signature of foreign agent
3. Signature of the Embassy / Consulate official
4. Signature of local agent
5. Signature of housemaid

1. Signature of the employer
2. Signature of Embassy / Consulate official
3. Signature of Housemaid

1. Wages, 2. Salary deductions, 3. Rest days, 4. Annual and casual leave, 5. Medical benefits, 6. Duties, 7. Welfare, 8. Termination of contract, 9. Dispute settlement, 10. Transfer of employment, 11. Repatriation, and 12. Airfare cost.

Developmental Legal Aid desks of the LAC

Question: We are far away from Colombo. We came to know that the Legal Aid Commission has established Developmental Legal Aid desks in order to cater to the needs of the deserving litigants relating to their various problems.

I want to know whether we should come to the Head Office to solve our problems or whether we could go to any of the LAC centers close to our area and relate our problems. We await your reply through your Daily News Legal Aid page.

Answer: There is no necessity to come to the Head Office at Colombo to attend to your problems. If you are living out of Colombo, you can visit any of our LAC Centers situated closer to your area.

Our Legal Officers at the Centers will listen to whatever complaints/problems and give you the necessary advice in the matter. If it is a court matter, then free legal aid is given to you after only after you submit the Grama Niladhari’s Certificate to prove your income is less than Rs. 8,000.

Legal Literacy as a subject in schools