Legal Aid Commission

Importance of legal awareness

Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for “ignorance of the law does not excuse” or “ignorance of the law excuses no one”) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content.

The rationale of the doctrine is that if ignorance were an excuse, a person charged with criminal offences or a subject of a civil lawsuit would merely claim that he or she is unaware of the law in question to avoid liability, even though the person really does know what the law in question is.

However in reality it is not reasonably possible to expect all people in a country to know the developments taking place in law both through parliament and the Courts every day. This would not even be reasonably possible for a person well trained in the practice of law.

Further, the lack or non existence legal education in our schools, the formal atmosphere with overwhelming technicalities in the procedures of our Court system and the unwelcoming aura of our police stations all amalgamate together to discourage people from reaching out to the legal system to solve their problems.

Most laws in Sri Lanka including the Constitution of our country have been formulated by the Legislature to protect the rights of the people.

Whether it is the Fundamental Rights Chapter in the 1978 Constitution or the Rights given to accused in a Criminal case in the Criminal Procedure Code or the Rights given to people through the ICCPR act, people are given ample opportunities and ways of redress to protect them from any form of abuse.

If people are not made aware of these rights and duties, enacting strong laws would be of no use and the disparity between written laws and law in practice would increase.

Thus the importance of legal awareness cannot be overemphasized.

It becomes an important duty of every person who is learned in the law to pass on his knowledge to anyone in need of such assistance. Legal awareness programs should be done repeatedly, reaching even to the most remote villages in our country.

Further it is also important to educate government officers like the Police and divisional and district secretaries and persons of authority like the Local Government officials since they are the implementers of the law.

The Legal Aid Commission (LAC) is an established institute with 54 Legal Aid Centers all around the country, committed to help underprivileged people who otherwise would not have access to litigation. Each day the officers are faced with clients seeking their assistance for legal advice or litigation. The LAC also focuses on awareness programs for both ordinary people and officers of authority, conducting a minimum of two programs per month in each district. These awareness programs become an eye opener to the people as well as the Officers who conduct them.

In each program the Legal Officers working in these areas have come to observe that at the end of each program people gather to ask many questions ranging from matrimonial rights, land rights, to issues relating to clashes with the State Organs.

Swasthika Arulingam AAL

[Questions &Answers]

Coin and Note

Question: Please Answer the Following .

1. Can I use coins for making jewellery or any other items?
2. Can I reproduce a currency note?

Gunatilaka, Padukka

Answer:

1. No. In term of the Monetary Law Act it is an offence to melt, break up, perforate, mutilate, or use otherwise than as legal tender, any coin which is legal tender in Sri Lanka

No. According to section 58(d) of the Monetary Law Act reproduction of a currency note in any form such as photocopying, scanning, drawing etc, without the authority of the Monetary Board, is an offence.

Genuine note

Question: How do I distinguish between a counterfeit note and a genuine note? What should I do, if I have received a counterfeit currency note?

Jayaruwan, Kataragama

Answer: All the currency notes issued by the Central Bank of Sri Lanka have high security features designed to combat counterfeiting. The Central Bank of Sri Lanka has produced a Guide (a leaflet) to assist to detect and deal with counterfeit currency. The main security features that can be observed in a currency note are: -

Security Thread
Watermark
See through feature
Intaglio (Raised) printing
Texture of the note
Micro lettering
Cornerstones- watermark

2. Counterfeit currency notes should not be used as means of payment. The use of counterfeit notes deliberately for transactions is a serious crime that is punishable by imprisonment and/or payment of a fine. Even the possession of a counterfeit note is an offence.If a person detects a counterfeit note, he/she should refuse to accept it. A person, who has already accepted such a note, should try to remember how he/she might have obtained it and report it to the Police.

Consumer problem

Question: Is there a possibility to make a complaint against unfair trade practices under the Consumer Protection Act?

Nadunika Damayanthi, Sent by email

Answer: Under the Consumer Protection Act No 09 of 2003 you can seek relief. You can make a complaint to the Consumer Protection Authority within three months of the violation of consumer protection rights . The Act provides for the protection of consumers against the marketing of hazardous goods/services, against unfair trade practices, and strives to ensure that consumers have adequate access to goods/services at competitive prices and are able to seek redress against unfair and restrictive trade practices.

The functions and responsibilities of the Consumer Affairs Authority and the Consumer Affairs Council are directed towards these purpose. Consumer Protection Authority will take legal action against shop owners against offenses like selling goods at higher prices than the registered price and disregarding hygienic conditions. The Council conducts of inquiries relating to complaints made by consumers, especially on anti-competitive trading practices. Therefore please make a complaint to the consumer protection authority at the following address.

Consumer protection Authority

1 and 2nd Floor

Sathosa Building
Vauxhall Street
Colombo 02

Information on evolution of Lankan currency

Question: My child wants to obtain historical information on evolution of Sri Lankan currency?From where can I obtain obove ?

K Disanayaka, Tudella

Answer: The historical information of currency can be collected from the following museums and the publications.

i) The Central Bank of Sri Lanka has established two museums at following places, where the historical information are available for the public

Currency Museum,
Center for Banking Studies,
No. 58, Sri Jayawardenapura Mawatha,
Central Bank of Sri Lanka,
Rajagiriya.

Money Museum,
Regional Office,
Central Bank of Sri Lanka,
Stage I,
Anuradhapura.

In addition to the above anybody can gather information from:

www.museum.gov.lk

National Museum,

Department of National Museum
Sir Marcus Fernando Mawatha
Colombo 7

A passport for senior citizen

Question: My mother is 68 years old. She is unable to get her Birth Certificate as the Registrar of Births says her birth has not been registered. My brother wants to take her abroad. Can I get a passport for her without birth certificate? Please help me.

Ranaweera

Answer: You can obtain a Passport for your mother who is a Senior Citizen without her Birth Certificate. The procedure is you have to fill the Passport Application Form with five coloured passport size photographs and submit the same to the Dept.of Immigration & Emigration, Punchi Borella with the following documents:-

National Identity Card (with photocopy) if you possess one

Probable Age Certificate issued by the Medical Officer

The letter issued by the Registrar of Births stating that your wife’s birth has not been registered.

If your children were born in Sri Lanka, copies of their Birth Certificates.

Marriage Certificate.

If your wife has sisters/brothers, copies of their Birth Certificates.

Affidavit stating that you have no Birth Certificate.

If you submit the Passport Application Form with the above mentioned documents to the Department of Immigration & Emigration, they will issue you with a Passport since your Mother is a Senior Citizen. Otherwise the Birth Certificate is a necessary document to obtain Passports.

Borrower defaults instalment payments to bank

Question: We two are the guarantors to obtain a loan from a government bank. According to the bank statements the person who obtained the loan did not repay to the Bank installments and ignores their reminders. What shall we do in this regard? Please advice us.

Chatura, Maharagama

Answer: According to the Debt Recovery (Special Provisions) Act No.2 of 1990 and its amendments No.9 of 1994, the Bank has the power to recover the money from the surety when the borrower defaults payment. Section 2 (1) states as follows:-

“A lending Institution may subject to the provisions of sub-section (2) recover debt due to it by an action instituted in terms of the procedure laid down by this Act, in the District Court within the local limits of whose jurisdiction -

a party defendant resides; or the cause of action arises; or the contract sought to be enforced was made....etc..

You should be aware that when you are signing as a Guarantor to a loan, you are legally bound to pay the loan if defaulted by the borrower.

Committee on Public Petitions

Question: Please let me know the details of Parliament Committees on Public Petitions and the procedure of forwarding a petition to a Committee?

Tissera, Mahawewa

Answer: Parliament Committees on Public Petitions consists of 10 members nominated by the Committee of Selection. The duty of this Committee is to consider the petitions sent by the public and referred to it by the Parliament and to report back to the Parliament its opinion on the action to be taken in respect of such petitions. This Committee has the power to summon before it and question any person, call for and examine any paper, book, record or other document and to have access to stores and property.

Procedure of forwarding a petition to the Committee on Public Petitions in accordance with Standing Orders

Standing Orders. No. 25 A - PETITIONS

Every petition to Parliament shall be addressed to Mr. Speaker and shall be presented by a member.

Every petition shall be in respectful language and shall not contain irrelevant statements

Every petition shall be clear and legible and shall conclude with a prayer reciting the relief sought

Every petition shall be signed by the petitioner, or petitioners except in case of incapacity by sickness. A person unable to write shall affix his mark in the presence of a witness. The full name and address of every signatory to a petition shall be set out therein.

No letters, affidavits or other documents shall be attached to any petition.

No reference shall be made in a petition to any debate in Parliament.

It shall not be competent for a member to present a petition from himself but the same may be presented by some other member.

Every petition shall, before it is presented, be signed at the beginning thereof by the member in charge of it and deposited at least two clear days with the Secretary General who shall submit it to Mr. Speaker for approval and no petition shall be presented until it has been so approved

A member presenting a petition shall confine himself to a statement in the following form :-

Mr. Speaker, I present a petition from ............................... (Name of Petitioner) of ............................... and ............................... others’

No debate shall be permitted on this statement.

A petition having been presented to Parliament shall stand referred to the Committee on Public Petitions.

National Identity Card application

Question: Can I check the status of the National Identity Card Application by sending an SMS to the Department of Registration of Persons.(RPD).please help me?

Anura, Hibutana

Answer: Now you can check the National Identity Card Application status by sending SMS to the Registration of Persons Department (RPD).

You need to type “RPD STS {Application Number}” and send to 1919.

Identity card

Question: Please let me know about the one day service facility of the Department of Registration of Persons in Sri Lanka

Chamara, Kapungoda

Answer: In one day service facility an applicant could obtain the National Identity Card with in a working Day. One day service is carried out in all week days excluding the Public Holidays from 8.30 a.m. to completion of issuing the Identity Cards for the applications attained. The receiving of the applications commence at 8.30 a.m. and close at 12.00 p.m.

What are the Services Provided?

Issuing new Identity Cards

Issuing Renewing Identity Cards

Issuing Duplicate Copies of Identity Cards

Fees

Government Fee of Rs.500.00

Identity Card

Question: Please let me know the necessary documents to be submitted to obtain a NIC for the first time:

Sadunika, Matara

Answer: Eligibility Criteria

Should be a citizen of Sri Lanka

Should be attained 16 years of age

For the applicants who are applying for the first time the RPD 1 Applications must be duly completed & handed over together with following necessary documents.

Necessary documents to be submitted to obtain an ID for the first time:

Applicants under 50 years of age it is compulsorily submitting either the Birth Certificate (BC) or the Probable Age Certificate issued by the Additional District Registrar.

Those who were submitted the probable age certificate, the Department considers 1st of July of the respective year as the date of birth.

Applicants over 50 years of age and does not possess the birth certificate or the probable age certificate, could submit two or more following alternative documents along with the results of search of registers and an Affidavit to confirm the age.

School leaving certificate

Certificate of Baptism

Copies of Birth certificates of children of the applicant, (if the date of birth of the applicant indicated )

Extract of the birth certificate of the applicant

Citizenship certificate of Sri Lanka (if the date of birth indicated)

Estate leaving certificate (if the date of birth indicated)

Certified copies of relevant pages of the Passport

Registration card issued by the Estate Superintendent

Horoscope (if available)

Applicants born in a foreign country should submit the citizenship certificates issued by the Department of Immigration & Emigration of Sri Lanka.

*Women applicants, who wish to include husband’s family name in the ID card need to submit the original & a copy of the marriage certificate.

Five colour photographs of the size of 1 ?” X ?”

Applicants who wish to include other names in the Identity Card should submit documents to prove the other name was used by the person and submit an affidavit confirming both names are referred to the same person.

Applicants, who wish to include their occupation/designation in the ID card, should submit a Service certificate obtained during the last three months. Professionals also need to submit documentary evidence, in case if they wish to include their profession in the ID card. (I.e. Engineers, Doctors, Accountants, Lawyers should submit relevant Degree certificates). In case of the Businessmen, they need to submit a certified copy of the Business Registration certificate.

Maintenance case

Question: My wife ignores me and neglects me and my children.I have no income. I have now decided to file a maintenance case. Can I do it? However I am unable to do so because the Marriage Certificate is under the custody of my wife.

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

Chamath, Nugegoda

Answer: According to the Mainteance Act No 37 of the 1999, As a husband you can file a mainteance case on behalf of you and your children. against your wife.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 from the Divisional Secretary’s Office where your marriage took place.If you want to ask mainteance of your children you have to submit the children’s birth certificates. If you need any help you can contact our legal aid centers in islandwide.

Protection Order under Prevention of Domestic Violence Act

Question: I got to know that Under the Domestic Violence Act, court has power to issue interim order or protection order to the Respondent. I wish to know the prohibitions that contain in the above mentioned orders?

Jayamini, Mahara

Answer: Under the Domestic Violence Act, the 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

* residence;
* place of employment;
* 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;

1. selling, transferring, alienating or encumbering the matrimonial home so as to place the aggrieved person in a destitute position.