LEGAL AID COMMISSION

Compiled by Kalani A. Medagoda, AAL and Maas Rizna Nabeela

Theme for the Elimination of Violence against Women for 2011 is “Peace Women”:

White Ribbon Programme

In any country around the world, November 25 should be marked as a prominent date by any person regardless of their gender, as it signifies a day that women and men from all walks of life take a stand against violence done to any woman throughout time.

This important day has significant historical roots, as it honours a group of powerful women known as the Maribel sisters, who took a stance against the dictatorship of President Rafail Trujillo and as a result was killed.

However their death was far from being in vain, as it started a movement of empowering women to stand up against violence done to them by taking action instead of masking or not acknowledging what had been done. As a result of these brave women, starting from the year of 1999, continuing today and forevermore is the “International Day for the Elimination of Violence against Women”.

As it stands in modern day, there are still countless cases of violence done to women in the forms of rape, domestic violence, female genital mutilation which not only plays a part in physical oppression but also mental trauma that demeans and scar at a heavy psychological level.

Many cases around the world go unreported because either the fear or constant cruelty done to these women and girls, refrain them from reporting the malice that had been done. Based on a UN report, over the span of 65 countries, there are more than 250,000 rape cases that were recorded, needless to say however that those were only the recorded cases and not the cases that were thrown under the rug due to undefinable circumstances. Conflicts around the world have also been a major contributor to rape, as it is seen to be a normal occurrence amidst warfare and hostile environments.

Looking at Sri Lanka in terms of gender equality and empowerment of women to pursue education and careers, it seems that we are ahead of developed countries such as The United States and Canada. Although the gap between the genders is somewhat narrow, there are still copious amounts of violence done to women in the form of sexual harassment and domestic violence.

Sexual harassment seems to be a common observation for women that regularly take public transportation but yet the offenders are not apprehended, therefore without consequence, the offenders do as they please and continue without having to answer to their crimes. Most instances of domestic violence are unsung as well, due to the submission and the constant verbal torment done by the abuser that strikes fear as to cloud the sense of independence.

There are many incidences of women leaving the country for a better tomorrow only to find their employers will subject them to violence and even sexual abuse which occasionally result in rape. One particular incident that happened fairly recently was of a woman who was tortured ruthlessly by her employers by way of hammering 18 nails in her forehead, legs and arms which posed an almost fatal result.

The media has showcased countless events in the past where these women are subjected to be slaves and have been made objects by their vile employers. At an even more serious scale, there have been various women who had come back to Sri Lanka in coffins after having their vital organs removed which could only mean that there is an even larger criminality in play.

Without prompt action, the lives of these innocent women are in danger. A scarce amount of Legislative efforts had been taken through the years for prevention of violence against women but even these efforts were proved to be futile. Due to little to no emphasis put on the matter, there seems to be no observational changes that have taken place within the last decade.

The police as well seem to be taking no action because violence against women is viewed by them as a normal occurrence and not a violation of colossal proportions. Changing the cultural norm is an important step to take in order to defeat these preconceptions and educate those who follow a blind path.

Organizations like the Legal Aid Commission and the United Nations conduct events within these few weeks to promote elimination of violence against women all over the world.

The symbol that represents this day is the “White Ribbon”. Wearing a “White Ribbon” promotes awareness as to educate about what’s been happening and to give women that have endured such difficulties, a voice of hope. Show your support by wearing a White Ribbon from the 25th of November until the 10th of December to subdue this misconception.

This day is remembered to show us that standing up against violence done to any woman in the world, will inevitably, show the pathway to a better and safer tomorrow where women won’t be oppressed and are given the full liberty to express their talents and abilities so that a male empowered society cannot hold them down.

In present time where women are taking a hold of many aspects of the world, it is safe to say that violence against women will not be tolerated and it is up to each one of us to see that this is done and implemented, so the wrongdoers don’t traverse the streets without fear and the generations of womankind to come will not be subjected to such tyranny.

Jude Perera

[Questions and Answers]

Sexual harassment at work

Question: What do you mean by sexual harassment of the women in work place under Sri Lankan law?

Sent by Email

Answer: Sexual harassment is a gender based social practice that (in a majority of cases) adversely affect women. It is an intentional or deliberate sexist act, which takes place on the ground of a woman’s sex and gender.

Women are subjected to sexual harassment throughout their lives disregarding their age, class, caste, ethnicity, religious belief, economic status, social status, educational background etc.

Although to the recipient the act is unwelcome, humiliating, disgusting, revolting or repulsive; the perpetrator may view it as complimentary, innocuous, funny, ‘normal’ or flattering.

Sri Lankan situation

If the Head of any Government Department or any officer proposes to have any kind of sexual relationship with him to approve salary increment or any other promotion etc it is also an offence under the Bribery Act No.11 of 1954 and its amendments.

Under the Bribery Act No.11 of 1954 and its Amendments, taking bribe from or giving bribe to any person in any Government Department is an offence.

If a person demands bribe to do his duty or delays his duty until he is given bribe, such incidents could be brought to the notice of -

The Commissioner to Investigate Allegations of Bribery or Corruption

No 36, Malalasekara Mawatha,
Colombo 07
Hot Line 2586257/1954

The Bribery Commission treats all information as confidential.

Penal Code (Amendment) Act No 22 of 1995 - Section 345 states as follows:-

“Whoever, by assault or use of criminal force, sexually harasses another person, or by the use of words or actions, causes sexual annoyance or harassment to such other person commits the offence of sexual harassment and shall on conviction been punished with imprisonment of either description for a term which may extend to five years or with fine or with both and may also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such person.”

Therefore, you can seek relief by filing a case in the Magistrates’ Court after making a complaint to the Police Station of the area in which the harassment took place.

International standards against sexual harassment against women at work

The right to work with dignity is a fundamental human right (Universal Declaration of Human Rights, Article 23). Furthermore, the right to work with dignity entails the need for the worker to be free from cruel, inhuman and degrading treatment as enshrined in Article 5.

In this context any conduct of a sexual nature, that is deemed to be degrading, humiliating and unwelcome to the recipient, would be construed as sexual harassment.

The right to work and surrounding working conditions are further reiterated in the UN Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). For instance, Article 11 of the CEDAW states that the “right to work is an inalienable right of all human beings” as well as “the right to .. safety in working conditions....”.

The Women’s Convention ensures the workers’ right to a safe working environment.

Labour matters

Question: Please answer the following questions

* What is meant by Maternity Benefits?

* What are the maternity leave entitlement for women workers under the Shop and Office Employees Act?

* Who is entitled for feeding intervals?

1. Answer:

* Maternity Leave Benefits

Maternity leave benefits are leave entitlement with pay for women workers upon their delivery of a child.

l The maternity leave entitlement for women workers under Shop & Office Employees Act

(i) Any women worker who has no child or one child is entitled for 84 days maternity leave with pay for her confinement.

(ii) Any women worker has two or more children is entitled for 42 days maternity leave with pay for her confinement.

(iii) If the confinement does not result in the issue of live child, such women is entitled for 42 days maternity leave with pay for her confinement.

* Feeding intervals

Only women workers covered by the Maternity Benefits Ordinance are entitled for feeding intervals. Women workers covered by the Shop and Office Employees Act are not entitled for feeding intervals.

Note: The employer can determine when the feeding intervals may be given.

Under Maternity Benefits Ordinance Employers should allow the women worker two feeding intervals not less than one hour during the period of nine hours.

If employer provide suitable place for feeding the child not less than thirty minutes should be given to feed the child.

If you want to know further details you can contact;

Department of Labour, Labour Secretariat,
Narahenpita, Colombo 05,
Sri Lanka
Phone :94-11-2581142/+94-11-2581143
Fax :0094-11-2581145
Email : [email protected]

Payment of maintenance through post office or bank

Question: My Sister has filed a maintenance case against her husband at Chilaw Magistrates’ Court. She is getting her payment through the courts. I want to know whether can she get the payment via bank. Please advice me.

Sadunika
Mahawewa

Answer: Yes, Your sister can get the payment via the bank or post office. According to the Maintenance Act (No. 37 of 1999) - Section 7 states that -

“1) Where an order for maintenance is made under the provisions of this Act, the Magistrate may direct the respondent, that the amount of the payment due under such order shall be deposited each month on or behalf such date as may be specified in such order in favour of the person entitled to such payment, at such post office or a bank as may be specified in such order, and the amount so deposited may be drawn by such person from such post office or bank. It shall be the duty of such officer for the time being in charge of such post office or hank to pay that amount to the person entitled thereto upon application made in that behalf.

2) Where a direction has been made under subsection (1) of this section and there has been default in the deposit of payments as specified in such direction, the person entitled to receive payment may report such default to the Court, and the Magistrate may in such event, notice the respondent to show cause why he should not be dealt with for such default, and if satisfied after due inquiry that there has been any default, impose such punishment as is provided for by this Act for such default.”

l Therefore please meet your lawyer and ask him to make a notice about it to the courts.

Enforcement of Orders

Question: Please let me know if anyone defaults to pay maintenance according to the maintenance order issued by the Magistrate’s Court, does the court have power to enforce such order?

Harita,
Sagaragama

Answer: Yes,The Courts has the power to enforce the Maintenance order. Under the Maintenance Act (No. 37 of 1999) Section 5 State that -

“5.(1) Subject to the provisions contained in section 10, where any person against whom an order is made under section 2 or the proviso to section 11 (1) thereinafter called the “respondent” neglects to comply with such order, the Magistrate may, for every breach of the order, sentence such respondent for the whole or any part of each months allowance in default, to simple or rigorous imprisonment for a term which may extend to one month.

(2)The Magistrate may, if an application is made in that behalf by any person entitled to receive any payment under an order of maintenance, before passing a sentence of imprisonment on the respondent, issue a warrant directing the amount in default to be levied in the manner provided by law for levying fines imposed by Magistrates in the Magistrate Courts.”

Children & Women’s Bureau

Question: Please let me know the contact details of the Children and Women’s Bureau Desks operating islandwide under the Police Head quarters?

Dayajini
Mahara

Answer: There are 36 Children & Women’s Bureau Desks operating in the Island and the respective ASPP Districts are supervising these desks. The telephone numbers of the OICC of these desks are as follows.

Division Telephone No.
Ampara 632222222
Anuradhapura 252222223
Badulla 552222222
Bandarawela 572222222
Batticaloa 652224422
Chilaw 322222222

Colombo - North 112431861
Colombo - South 112588680
Colombo- Central 112433744

Elpitiya 912291222
Galle 912222222
Gampaha 332222226
Gampola 812352222
Hatton 512222222
Jaffna 212222222
Kalutara 342237225
Kandy 812222222
Kantale 263234222
Kegalle 352222222
Kelaniya 112911922
Kuliyapitiya 372281222
Kurunegala 372222222
Matale 662222222
Matara 412222222
Moneragala 552276222
Mount Lavinia 112738351
Negombo 312222222
Nikaweratiya 372260222
Nugegoda 112852992
Nuwara Eliya 522222222
Panadura 382233204
Polonnaruwa 272222222
Ratnapura 452222222
Tangalle 472240222
Trincomalee 262222223
Vavuniya 242222222
Emergency: 119,

Police Headquarters: +94 11 2421111

Child & Women’s Bureau: +94 11 2444444

Information Room: +94 11 2854931

Applications for orders of Elders Board

Question: I am an elder living in an Elders’ Home. My children are neglecting me. I want to know whether I can seek maintenance under the Elders Act?

Appuhamy

Kalutara

Answer: Yes, You can seek relief under the Elders Act No. 09 of 2000. The section 25 of the Act states that:

“(1) An elder who has a child or children and who is unable to maintain himself (in this section referred to as “the Parent”) may apply to the Board for an order that one or more of his children pay him a monthly allowance or any other periodical payment or a lump sum, for his maintenance.

(2) An approved person or organization in whose care a parent who is unable to maintain himself resides may apply to the Board for an order that one or more of the children of such parent, pay the approved-person or organization a monthly allowance or any other periodical payment or a lump sum for the purpose of defraying the costs and expenses of maintaining the parent.

(3) For the purposes of this section, a parent is deemed to be unable to maintain himself if his total or expected income and other financial resources are inadequate to provide him with basic amenities and for meeting his basic physical needs including (but not limited to) shelter, food and clothing.

(4) The provisions of this Act shall apply to a person who has a child or children but is not an elder within the meaning of this Act if the Board is satisfied that he is suffering from such infirmity of mind or body as prevents him from, or is affecting him in, maintaining himself.

Therefore under the Protection of Elders Act No.9 of 2000 senior citizens like you can file a case against the children to get maintenance through the Maintenance Board. The Maintenance Board will inform the children to pay maintenance to the parents.

If they are not willing to pay maintenance, the Magistrate’s Court can enforce the order. The Legal Aid Commission has set up an Elders Desk which handles cases of this nature free of charge.

If you need any advice, you can visit our Head Office situated at No.129, Hulftsdorp Street, High Court Complex, Colombo 12.

Institutions that safeguard the rights of women

Question: Please give me the details of the institutions that intervene in the problems face by women?

Harshana
Matara

Answer:

* Legal aid Commission No 129,

High Court Complex, Colombo 12
0112433618

* Women’s Bureau of Sri Lanka,
No 177. Nawala Road,
Narahenpita.
Tel : 011-2504934

* National Committee on Women and Children’s Secretariat,
No.177, Nawala Road,
Narahenpita.
Tel: 011-2368956

* National Child Protection Authority,
No 330, Thalawathugoda Road,
Madiwela,
Sri Jayawardenapura,
Sri Lanka.
-011-2778911, 94-011-2778912,
94-011-2778913 and 94-011-2778915
Hot Line -1929

* Department of Probation and & Childcare Services, No.150 A H. LP. Building,
Nawala Road,
Nugegoda.
Tel : 011-2853549