Legal Aid Commission

Right to life

What does right to life mean? The Indian Constitution lays down this right as “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

The Indian Supreme Court through its judgements has further broadened this principle. Accordingly, “‘Life’ in Article 21 of the Constitution is not merely the physical act of breathing… It does not connote mere animal existence or continued drudgery through life. It has a much wider meaning which includes right to live with human dignity, right to livelihood, right to health, right to pollution free air etc. Right to life is fundamental to our very existence without which we cannot live as human being and includes all those aspects of life which go to make a man’s life meaningful, complete and worth living…”

Sri Lankan Constitution does not expressly provide for this. In the year of 2000, the question regarding whether the Right to life principle existed in our Constitution was examined by the Supreme Court of Sri Lanka. A man who was tortured in Police custody filed a Fundamental Rights Petition in the Supreme Court. Whilst the case was pending, he died due to severe injuries caused to him. The wife of the victim continued the petition on behalf of her deceased husband. According to Article 126(2) of the Constitution, a Fundamental Right (FR) application can be made either by the party who suffered or through his Attorney At Law.

A question arose as to whether this FR application could continue to be heard in Court substituting the wife in place of the Petitioner, as the actual victim had died. Hence one argument was that the case be discontinued on the death of the victim.

A rigid interpretation of this Article would mean that for example if a person is taken into custody and tortured and he is kept alive till the judgement is delivered in his FR petition, the court will continue to hear his case. However if he dies due to the torture inflicted pending the case his capacity to challenge his right will also die with him.

The Supreme Court held that this interpretation would result in injustice to the victim. The Court substantiated its judgement by looking at Article 13 (4) which states that no person shall be punished by death except by a competent Court and stated that though the Sri Lankan Constitution does not recognize the right to life expressly it does so impliedly through this Article. A person has a right to live and exist unless a court orders otherwise.

Hence the Court was of the opinion that Article 126(2) should be interpreted in the light of Article 13(4). The Court further said that if it so happens that the victim dies during the pending of the case his right to challenge will continue, through his next-of-kin, in-testate heir, or dependent.

The Supreme Court held with the Petitioner and stated “Even a sentence of death, imposed after trial and conviction by a competent Court, must be carried out with a minimum of pain and suffering. The deceased was denied even that right.”

This decision of the Supreme Court in this case, Sriyani Silva Vs. Chanaka Iddamalgoda, is considered to be a landmark judgement because it gives a broad interpretation to the Fundamental Rights chapter and recognizes the basic right to life which was broadly interpreted as non-existent in the Sri Lankan Constitution.

The next historical development with regard to the Right to life in Sri Lanka came through the provisions of the August Constitutional Bill in the year 2000 which was brought to repeal and replace the 1978 Constitution. This Bill is considered to have broadened the scope of the already existing FR Chapter in the existing Constitution. Article 8 in the Fundamental Rights and Freedoms Chapter of the Bill Stated as follows;

“Every person has an inherent right to life and a person shall not be arbitrarily deprived of life. Any restrictions shall not be placed on the rights declared and recognized by this article” However, the bill never saw the light of day as the major opposition party decided to withdraw from the debate.

Sri Lanka is one of the parties that acceded to the International Covenant on Civil and Political Rights (ICCPR) adopted by the United Nations General Assembly. The Provisions of the ICCPR states “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.”

Though we have agreed in theory to this principle internationally, in practice this principle cannot be implemented in Sri Lanka since the Parliament is yet to endorse this by way of an Act of Parliament.

In effect it could be said that we are lagging far behind in incorporating such basic human rights safe guards in to our Constitutional framework when compared to neighbouring countries such as India, Bhutan, Bangladesh and Maldives.

- Swasthika Arulingam
AAL, Project Manager,

Programme Support Unit

[Questions and Answers]

Consumer complaints

Question: Please let me know as a consumer of the telecommunication services, what kind of complains that can be forward to the Telecommunications Regulatory Commission? On what ground can they solve the matters?

Answer: The Consumers could make complaints to the Commission on many issues such as; Billing. Directory information services/Inquiries. Quality of service. Services for people with disabilities. Functioning of emergency call numbers.

Public pay phones. Premium Rate Services regarding consumer protection. New telephone installations, for example:- delays

The role of the Internal Committee appointed to resolve consumer complaints. The Internal Committee for Resolution of Consumer Complaints (ICRCC) was appointed by the Commission under Section 9 of the Sri Lanka Telecommunications Act No:25 of 1991 as amended by Act No:27 of 1996. Provisions in Section 9 of the Act are as follows:-

(1) Where a subscriber to a telecommunication service or a member of the public makes a complaint to the Commission in relation to the telecommunication service provided by an operator, the Commission may make such investigation as it may deem necessary and shall cause such remedial measures to be taken as the circumstances of the case may require.

(2) In the course of any investigation under subsection (1), the Commission may direct such operator to take such steps as it appears it to be necessary for the rectification of any cause or matter which gave rise to the complaint, and direct that financial redress be provided where appropriate.

(3) Every complaint made under subsection (1) shall be in writing and shall set out clearly the reasons therefore. At the Telecommunications Regulatory Commission the Consumer Relations Unit is responsible for handling consumer complaints and the complaints which cannot be solved by the Consumer Relations Unit are submitted to the Committee for final resolution.

Most of the complaints are related to telephone bills. The Committee has resolved many disputes to the utmost satisfaction of the consumers and the public. The inquiries are conducted in an absolutely transparent manner and parties to the disputes are invited for the hearing. All parties are given equal opportunities to speak and they do have the right to ask questions from each other.

The minutes are recorded and sent to the parties and the recommendations of the Committee are submitted to the Commission for a final decision. The process requires principles of natural justice to be followed. The Committee has at all times insisted that all officers whose presence is required for the inquiry should be present with all the necessary information and documents relating to the dispute.

The Committee made several recommendations to the Commission in this regard. The Committee also noted that satisfactory measures have been taken by Sri Lanka Telecom in the interest of their customers.

The telephone numbers are as follows: - 011-2662222 011-5376159 011-4514067, 011-2662215, 011-2662216

Consumers could complain to us on various issues relating to the services provided by all operators. We consider a complaint as a gift. We also appreciate the co-operation extended by the operators to resolve the disputes.

Long term Lease Bonds for government land

Question : Please let me know how do I obtain of long term Lease Bonds for the purposes of Residential/Cultivation/Commercial from the Government Land?

- Samaratunga,
Mahara

Answer:

Eligibility: Should be a Sri Lankan citizen above 18 years of age or an institution comprising of Sri Lankan citizens. Should be an eligible person sponsored by any government institution to receive state land (In receipt of annual permit hearing been selected properly by a body like the land kachchi).

Should be a person selected through tender, kachcheri auction. Should be a person requesting state land for charitable, religious or scientific purposes. Should be a community society engaged in community services. Should be a co-operative society. Should be a state affiliated corporate institution (Banks, Coorporations and Boards). Should be a commercial, industrial or agricultural project.

Should be a person in possession of land by encroaching from prior to 15-06-1995, not practical to be ejected from the land.

Method of submitting application:

Submitting written application to Divisional Secretary/Provincial Land Commissioner/ Land Commissioner General. There is no special application form. You can submit application prepared by yourself in the form of a letter.

Payment for application: No fee is charged

Time to submit application: On any weekday during office hours except govt holidays.

Fees paying to obtain this service:

No service charge is levied. Annual lease amount is charged for leasing the bond.

Lease amount is charged as follows:-

Residential: Annual lease amount is 4 percent of the undeveloped value of the land in the year of handing over the land

Cultivation: Annual lease amount is 4 percent of the undeveloped value of the land in the year of handing over the land once in every five years, lease amount will be revised by 50 percent

Commercial: Annual lease amount is 4 percent of the commercial value of the land in the year of handing over the land once in every five years, lease amount will be revised by 50 percent. At every instance mentioned above, the installment amount or the penalty amount should be paid, once and for all at the commencement of the lease.

Installment amount: Three times of the annual lease amount

Penalty Amount: 12 percent of the developed value of the land in the year of handing over the land

The department will determine the installment amount or penalty amount, depending on the basis of selection of the lease. All valuation reports utilized to determine the lease amount, would confirm to the valuation of the government chief valuer.

Period taken to provide the service (Ordinary Service and Priority Service): Minimum six months

Necessary supporting documents of an individual: Letter of application, If in possession of any permit or written approval, such permit or approval, Affidavit (that, your landed property is written the 50 Acre limit, according to appendix 17 issued by the Divisional Secretary) Specimen annexed.

Annexure 01

Survey plan or approximate bearing (of available)

If a General Society: Letter of application, Certificate of Registration, Constitution of the Society, Survey Plan or approximate tracing (if available)

Of a Corporation: Letter of application, Survey Plan or approximate tracing (if available), Particulars of the Directors

Of a Private Company: Letter of application, Certificate of Registration, Particulars of the Directors, Project Report, Survey plan or approximate tracing (if available)

Consumer Protection Authority

Question: Please let me know how do I make a complain to the Consumer Protection Authority against the traders?

- Duminda,
Matara

Answer: Under the Consumer Protection Act No 09 of 2003 you can make a complain 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 has started the conduct of inquiries relating to complaints made by consumers, especially on anti-competitive trading practices. Therefore, please make a complain to the Consumer Protection Authority: Consumer Protection Authority,1 and 2nd Floor, Sathosa Building, No 27, Vauxhall Street, Colombo 02

Consular Affairs Division

Question: What kind of services can be obtained by the Consular Affairs Division of the Ministry of External Affairs in Sri Lanka.

- Jasintha Malini,
Wennappuwa

Answer: The Consular Affairs Division of the Ministry of External Affairs is vested with the responsibility for the implementation of the Consular Functions Act No.4 of 1981 that ensures the protection of citizens abroad through respective Sri Lankan Missions and Honorary Consulates abroad. The Consular Affairs Division also assists/facilitates in attestation of documents, registration of foreign births, deaths and marriages, repatriation of stranded Sri Lankans, deaths and compensation.

Authentication of Documents. - The authentication of documents is one of the main functions of this Division. It authenticates birth/ marriage/death certificates, along with educational and other certificates to be forwarded to foreign countries.

Registration of births/marriages/deaths. Sri Lankans either resident or working abroad can register births, marriages and deaths occurring outside Sri Lanka with the Consular Affairs Division. The Division coordinates with the Ministry of Defence, the Department of Immigration and Emigration and the Registrar General in registering births, marriages and deaths. Repatriation of Sri Lankans stranded overseas. A large number of Sri Lankans are stranded abroad, particularly in the Middle East and South East and Far East Asia. Those stranded are mainly job seekers sent by unscrupulous employment agencies.

The Consular Affairs Division assists them and make arrangements for their early repatriation through the respective Sri Lankan missions abroad. Complaints related to Sri Lankan expatriates. Sri Lankans abroad, undergoing various difficulties such as non-payment and under payment of salaries, harassment, ill treatment and denial of basic facilities are assisted by the Division. The Consular Affairs Division intervenes to solve these problems with the assistance of the Sri Lankan Missions, Sri Lanka Bureau of Foreign Employment (SLBFE) and the Ministry of Labour.

Most of the above complaints are received from the Middle East region. Complaints received from relations of expatriates are referred to our Missions abroad for suitable action. Compensation. - The Division also assists in organizing the payment of compensation; ‘blood money’, and social insurance due to be paid by the employers to Sri Lankan workers abroad for loss of employment, death, and partial or complete liability. Such payments are usually made to the legal heirs through the Public Trustee. Repatriation of human remains - The Division makes necessary arrangements with the assistance of the Sri Lankan Missions abroad to repatriate the human remains of Sri Lankans to Sri Lanka or bury/cremate the human remains abroad in accordance with the wishes of the next of kin. Fishing boats and crew members - When Sri Lankan fishing vessels drift/poach in the territorial waters of other countries and are detained by the naval or coastal authorities of the respective countries, the Consular Affairs Division intervenes through the relevant Sri Lanka Missions, in order to secure the release of the vessels and the crew. The Division also closely liaises with the Ministry of Fisheries.

The Consular Affairs Division is currently headed by Acting Director General W.M.S. Bandara.

Contact details
Telephone : 0094-(0)115744068
Fax: 0094-(0)112473899

Email: [email protected] This e-mail address is being protected from spambots. You need JavaScript enabled to view it

General Contact Details of Consular Affairs Division, Address: No. 14, 3rd Floor, Sir Baron Jayatillaka Mawatha, Colombo 01

Telephone : 0094 11 4718972/ 4719593

Fax : 0094 11 2473899

Email: [email protected] This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Authentication and Verification Section: 0094 (0) 11 2385571
Compensation Section: 0094 (0)11 5744082
Repatriation Section: 0094 (0)11 5839414
Education Section: 0094 (0)11 5663909
Death Section: 0094 (0)11 2437635

Power of Attorney

Question: How can I register a Power of Attorney?

- Udayanga,
Ragama

Answer: Please visit any of the following office which is near to your hometown with the Power of Attorney to register.

District - Address

Anuradhapura: Anuradhapura Land Registry, Anuradhapura
Badulla: Badulla Land Registry, Badulla
Batticaloa: Eastern Zonal Office, Batticaloa
Batticaloa: Land Registry, Batticaloa

Colombo: Registrar General’s Department - Head Office: No. 234/A3, Denzil Kobbekaduwa Mawatha, Battaramulla, Western Zonal Office, High Level Plaza, Delkanda, Nugegoda, Colombo Land Registry, Colombo 7, Delkanda Land Registry, High Level Plaza, Delkanda, Nugegoda

Galle: Southern Zonal Office, No.10, Church Rd., China Harbour, Galle, Galle Land Registry, Galle

Gampaha: Gampaha Land Registry, Gampaha
Hambantota: Hambantota Land Registry, Hambantota
Jaffna: Northern Zonal Office, Jaffna, Jaffna Land Registry, Jaffna
Kalutara: Kalutara Land Registry, Kalutara

Kandy: Central Zonal Office, National Housing Scheme, Yatinuwara Street, Kandy, Kandy Land Registry, Kandy

Kegalle: Kegalle Land Registry, Kegalle

Kurunegala: North West and North Central Zonal Office, Wathhimi Raod., Kurunegala, Kurunegala Land Registry, Dambulla Road, Kurunegala

Matale: Matale Land Registry, Matale
Matara: Matara Land Registry, Matara
Nuwara Eliya: Nuwara Eliya Land Registry, Nuwara Eliya
Polonnaruwa : Polonnaruwa Land Registry, Polonnaruwa
Puttalam: Puttalam Land Registry, Puttalam

Ratnapura: Uva Sabaragamuwa Zonal Office, New town, Ratnapura, Ratnapura Land Registry, Ratnapura

Vavuniya: Vavuniya Land Registry, Vavuniya

Check your application status by SMS

Question: Can I check my Identity card application status through SMS?

- Supun Perera,
Kataragama

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.

Approval to recruit

Question: I am a licensed foreign employment agent with a valid licence and I have received a job order from a Foreign Agent. How should I obtain the necessary approvals?

- Sent by Email

Answer: If you are a licensed foreign employment agent with a valid license and you received a job order from a Foreign Agent or Sponsor, you should obtain the necessary approvals from the First Approval Division of the Sri Lanka Bureau of Foreign Employment (SLBFE) before advertising or making people aware of the job vacancies you may have, recruiting people for employment abroad,

Any other activity relevant to the above, Obtaining First Approval. You can apply for the ‘First approval’ which would allow you to recruit people for employment abroad by submitting the following documents to the approval division:

1. Covering letter requesting first approval
2. Job Order
3. Recruitment agreement
4. Power of Attorney
5. Completed ‘F’ form

6. Any further information as requested. Advertising vacancies in the media. To advertise your vacancies in the media after obtaining the first approval, the following documents have to be submitted to the SLBFE: A covering letter requesting approval, the job order, a copy of the advertisement, renewing the First Approval.

The First Approval which you have obtained is valid only for a period of one year. You can renew the First Approval by submitting the following documents to the SLBFE: A covering letter requesting to renew the First Approval, the Expired First Approval which is to be renewed, Completed ‘FI’ form, you must also remember to; Complete all necessary formalities, possess letter heads of the foreign Agent, get the necessary attestations from the relevant embassies.

Checking IDs

Question: Since the National Identity Card is a very vital document, kindly educate the general public as to who is authorized to check one’s ID.

It is obvious that the Armed Forces personnel and the Police are permitted to do so. Other than these personnel who else has the authority?

- Fernando,
Kandy

Answer: The Police and Armed Forces have been given the power to check one’s identity card. Sometimes, even the peace officers have been given authority by the Police to check identity cards. At all times, a police officer must be present at the time of checking. However, the public has the right to demand the identity of the person who is checking.

When entering private buildings, the security officer can insist the public to produce their identity cards for checking.

Limit to deductions

Question: I am employed as an Accounts Clerk in a Mercantile Firm in Colombo. My employer is making deductions from my salary as he pleases. I would like to know whether there is any authorized deduction and if so the limit to deduction?

- Sadun,
Giridara

Answer: You are covered by the Shop and Office Employees Act. The deductions which could be made from the salary are termed Authorized Deductions. No deduction can be made without the consent of the employee.

The list of authorized deductions is given in the Act e.g. advance of salary, price of any food or article of food supplied, contribution to pension fund, provident fund, insurance scheme, savings scheme, recovery of rent, subscription to Trade Union and others. The permissible maximum deduction from salary is 60 percent of the total salary. There are deductions which can be made without the consent of the employee. They are – Income Tax, Order of Court.