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Legal Aid Commission
Need to Protect Family Rights
The Magna Carter of the modern explosion of human rights movement in
the world is the Universal Declaration of Human Rights (UDHR) of 1948 -
UN General Assembly adopted the UDHR by Resolution 217 A on 10 December
1948. Universal approach to human rights promotion world wide during the
last six decades mostly led by the west underpins their preference for
promotion of selective parts of the UDHR and ignoring other party.
Leading example of the selective process on UDHR province on Family
Rights. the Family rights. Article 16 (3) of UDHR Declares that “The
family is the natural and fundamental group unit of society and is
entitled to protection by society and state.”
The modern human rights advocates and their instituted supporters
have completely ignored the core human right of family which is the
basis of human organization. I am yet to see an Human Rights NGO
dedicated to the promotion or protection of the family as the basic unit
of society. On the contrary, there are innumerable rights advocates who
promote individual rights which has weakened or wrecked families world
wide. To give few examples, the right of single motherhood supported
extensively in the Northern European countries, promote having children
out of wedlock, curbing of parental rights to impose a sense of
discipline in growing up children within the family. Provision of
legislative authority to invade family privacy of the home or domestic
disputes all appear contrary to UDHR provisions under Section 16(3). But
no voices were heard to protect the important Human Right provision
Family Rights which is deliberately eroded in a systematic manner.
The Member States of the United Nations are partly to be blamed for
this unfortunate omission. Only very few countries have incorporated
UDHR provisions in their Constitutions in entirety. In the case of Sri
Lanka, 1978 Constitution selected only five UDHR rights out of thirty to
be incorporated in the Constitution.
With modern judicial trend of ignoring international humanitarian law
unless incorporated by national acts of Parliament, it is unlikely to
expect judicial interpretations in keeping with the total spirit of UDHR.
Sri Lankan Society has been a family based society, each member
having traditional rights and duties to the fellow family members. These
bonds are rapidly breaking down with increasing emphasis being placed on
individual rights. The parents abandon children and the children neglect
aging parents. The highest number of cases in the courts are either
maintenance or divorce cases. Protection of children from sexual
exploitation and incest has become virtually impossible. We pass
legislation to weaken family bonds while very few or no State Sponsoring
attempts have been made to preserve the integrity of the family.
Legal Aid Commission strongly urges the Constitution makers to
incorporate UDHR 16 (3) which casts mandatory duty on State and society
to protect the family as a fundamental right in the new Constitution.
S.S.Wijeratne
ICLP scholarshps for the diploma in commercial arbitration 2013/2014
Institute for the Development of Commercial Law & Practice calls for
Applications from suitable candidates for the K.C. Kamalasabayson
Scholarship and Chandra Wijenaike Founder Scholarship. The two
scholarships will be awarded in the memory of two gentlemen who have
rendered invaluable services to ICLP Arbitration Centre.
Late Chandra Wijenaike was the first Chairman of the ICLP Arbitration
Centre who took initiatives to develop the ICLP Arbitration Centre with
the support of Business Community to cater to the dispute resolution in
private sector.
Late K.C Kamalasabayson, PC was one of the Directors of ICLP Council
of Management and a Member of the Board of ICLP Arbitration Centre.
The selection for scholarships will be done by the Institute
basically on merit basis and the awardees will be offered the Course
which is valued at Rs. 70,000.
Applicants should be from Law, Construction or any other discipline
relating to ADR. Undergraduates, Apprentices are also encouraged to
apply. Few half scholarships will be available for deserving
professionals.
Duly completed applications with the details of Age, Academic
qualifications, present occupation, etc should reach the Course
Registrar, 61, Carmel Road, Colombo 3 on or before August 30, 2013.
The course is scheduled to commence on September 7, 2013.
ADR in Construction Industry: Adjudication and Arbitration
The Institute for the Development of commercial Law & Practice has
organized a half day seminar on “ADR in Construction Industry:
Adjudication and Arbitration” on June 24 from 2.30 pm to 6 pm at the
ICLP Arbitration Centre, No: 61, Carmel Road, Colombo-03
The program discussion will be on dispute Adjudication and
Construction Arbitration.
Adjudication in the Construction is a form of speedy ADR mechanism
developed to avoid disputes or to resolve disputes by an independent
third party, in situ, in infrastructure projects.
The significance of Commercial Arbitration is also of immense value,
for the finality of Award, confidentiality of the process,
enforceability of the award internationally etc.
These were intended to provide a more rapid solution and importantly
a less rigid process than litigation. It is important to know the
processes well in order to achieve the maximum benefit.
Knowledge of proper implementation of these mechanisms and selection
of potential adjudicators and Arbitrators are therefore critical to the
effective functioning of a project.
The resource persons will be Dr Eddie de Zylva, (OIA) and Deputy
Solicitor General Mr Arjuna Obeysekera and the program encompasses a
combination of lectures, case studies etc. The target Audience
Engineers, Quantity Surveyors and Architects, Attorney-At-Laws,
Undergraduates, Apprentices etc The seminar fee will be Rs.4000 with 10%
discount for three or more Company nominees.
Concessions will be offered for Undergraduates & Apprentices.
For more Details Contact Rushda Bin Galiph on
0112-346163/4,0775-375998 or email
[email protected].
[QUESTIONS AND ANSWERS]
Hansard
Question
: What is meant by Hansard in Parliament ?
- Salgama, Kalutara
Answer : The primary
concern of the Hansard Department is the production of the Official
Report (known as Hansard) of the verbatim record of the proceedings of
Parliament. Standing Order 12 of the Parliament of Sri Lanka provides
that the Business of Parliament shall be conducted in Sinhala, Tamil and
English and speeches made in Parliament are recorded in the language in
which it is delivered.
The Hansard is an enduring record of the business transacted in
Parliament each day. Every word audibly uttered in Parliament is taken
down by a Hansard Reporter, transcribed and then submitted to the
Assistant Editor of the particular stream in which the speech is
delivered. Upon reaching the Asst. Editor's desk, it is carefully edited
and then passes through to the Deputy Editor and, finally, the Editor.
At the end of the day, after the editing and dovetailing of the shifts
have been done, a master copy is prepared. Once the Editor is satisfied
with the master script and receives his imprimatur, it is transmitted to
the Government Printer for printing. With the computerisation of the
department, it is proposed to transmit the entire Parliamentary
proceedings to the Government Printer on a diskette.
It is also the responsibility of the Hansard Department to report
proceedings of Select Committees and other Committees that are appointed
by Parliament from time to time.
Forensic Questioned Document Section
Question : Please let me know what kind of service done by the
forensic questioned Document section under the government analyst
Department ?
- Niriallea, Ragama
Answer : The Forensic Questioned Document Section receives cases for
examination and report from Courts of Law, Police, Labor Tribunals other
Government Departments, and Statutory institutions and also from Private
Sector. Private parties can obtain an expert opinion from the Government
Examiner of Questioned Documents if they forward the documents through a
lawyer.
Activities of Forensic Questioned Document Section
1.Examination of all types of forensic documents.
2.Identification of handwriting & signatures, detection of forgery.
3.Examination of type scripts, type writer, printed matter, stamp
impressions.
4.Decipherment of alterations, erasures & obliterations, additions and
substitutions etc.
5.Examination of travel documents
6.Examination of Sequence of strokes.
7.Physical examination of ink and paper and adhesive materials.
8.Examination of charred & mutilated documents.
9.Investigation of Matters relating to the age of the documents.
10.Examination of counterfeit currency
11.Examination of Lottery Tickets
12.Any query regarding a document as to its genuineness or otherwise.
13.Examination of built-up/ fabricated documents.
14.Examination of revenue stamps, postal stamps and any document
relative to revenue
15.Examination of Xerox copies and identification of photocopy
machines.
16.Give Expert Evidence in the Courts of Law.
The address as follows : Government Analyst's Department,
Independence Square, Colombo 07, Sri Lanka
E-mail: [email protected]
0094 112 694786
0094 112 694786
Dividing deceased's property under Common Law
Question: My husband and I
are almost 70 years old . We have property not written to any children .
Could you kindly explain how a deceased’s property is divided under the
Common Law?
- Yohan Chaturanga, Homagama .
Answer : Under the Common Law a deceased’s property could be divided
in the following manner:- If the deceased was married ˝ of the property
would be granted to the spouse and the other ˝ to be equally divided
among his/her children. If they have no children ˝ to the spouse and the
other ˝ to parents of the deceased in equal shares.
If parents are not living, equal shares to the deceased’s brothers
and sisters. If only one parent is living ˝ of ˝ would be granted to the
living parent and other ˝ of ˝ would be granted to brothers and sisters
of the deceased equally.
One day service
Question : I want to amend
the name in my identity card. Do they have a one day service to get it
done?
- Hiran, Mahara
Answer : Yes, Registrar of persons department has introduced
one day service facility . The 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 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 |
