The fundamental rights petition was filed by the parents of the 15-year-old victim, Hewa Maddumage Karunapala and Pallekkamkanamlage Dona Kumuduni against six persons including teacher Jayantha Premakumara Siriwardana and principal M. Leelawathi. The child petitioner was slapped across the face by Mr. Siriwardhana, teacher- in -Charge of discipline and sectional head of Puhulwella College. The action had resulted in the student a ruptured eardrum and permanently losing his hearing ability in the left ear. Considering the petition, affidavit and written submission of the petitioners and the respondent as well Supreme…
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Second Anniversary of the establishment of the Office on Missing Persons
e establishment of the Office on Missing Persons (OMP) on 28th February 2018 with a broad mandate to investigate the fate of the missing and disappeared and protect the rights of their relatives, represented an explicit acknowledgement by the State of its responsibility to establish the truth and ensure justice. It was a milestone in the continuing struggle of the families of the missing and disappeared. Successive commissions of inquiry and committees, appointed by governments comprised of multiple political parties, have concluded that disappearances have been perpetrated by both State…
Read MoreHow can unscrupulous lawyers manipulate delays in the law?
This article is about the manner in which unscrupulous lawyers could manipulate delays in the law to their personal advantage. This type of behavior is now a permanent feature in Sri Lanka’s legal system. Analysis of the methods used for such manipulation are based on experiences from actual cases. Reflections on the behavior show that, rather than insisting on correcting wrongs litigants have experienced, unscrupulous persons work out a methodology of manipulation for personal economic advantage. In cases of serious crimes, trials which take place in the High Courts. The…
Read MoreCommemorating 25th Anniversary of Act. against Torture – Public Discussion
Gang Rapes, Justice and Civilization in India and Sri Lanka
An incident was reported in December 2019 from India regarding the gang rape of a woman and what happened thereafter. The news of the gang rape stirred up a massive protest from many parts of India. Among those who were involved in the protest were sections of the intelligencia of India such as Professors, doctors, professionals and the like. Also involved in the protest were the journalists. Modern social media networks would also have contributed a great deal to this protest. As a former postgraduate student from Jawaharlal Nehru University…
Read MoreSHORT ANALYSIS ON SENTENCING POLICIES ON TORTURE 2019
The research provides a short-analysis of sentencing policies on Torture in Sri Lanka, specifically the violation of Article 11 of the constitution of Sri Lanka. In the process of analyzing cases from 1981- 2019 we have collected and analyzed 100 judgements from the Supreme Court only. We have included Article 12(1), 13(1) and 13(2), as most often these articles were considered by the Petitioner when filing for breach of Article 11. The judges evaluated each of the 100 cases subjectively on a case by case basis based on the evidence…
Read MoreSri Lanka: 25 Years with Act against Torture 2019
The Act of the Convention against Torturing and other cruel, inhumane or degrading treatments or punishments was passed in the parliament in 1994 as it was needed to impose provisions for implementing the commitment of Sri Lanka under this International Convention. It was passed in the parliament in 25th November 1994 and is apropos since 20th December 1994. This research is about Act of the Convention against Torturing and other cruel, inhumane or degrading treatments or punishments done by organization of Right to Life Human Rights Center. this is written…
Read MoreHamlet without a Prince of Denmark
The 2019 election has not generated any real enthusiasm among the people. There have been the usual rituals of meetings, distribution of rice parcels, promises of other little santhosom (gifts) – those are what the sovereign people of Sri Lanka have been offered. In reality, they have been left with a beggar’s choice, which is to select something from the dustbin. Of course, no one could have expected any immediate solutions to the terrible problems the country is faced with. But the people had the right to see a slight…
Read MoreWhat happens to the people happens also to judges, lawyers, and others
This memoir by former Chief Justice Dr. Shirani Bandaranayake on the (now nullified) impeachment is a significant contribution to the cause of promoting the independence of judiciary in Sri Lanka. Its significance lies in the fact it exposes the truth about what really has happened to the judiciary as an institution within the context of changes brought about by way of the constitutions of 1972 and 1978, and the practices that have developed as a result of these constitutional changes. The memoir makes it starkly clear that the separation of…
Read MoreA NATION IS NOT MERELY TERRITORY OR AN IDEOLOGY BUT A COLLECTIVE CONSCIOUSNESS
Legalistically speaking, a nation is a people living together in a particular geographical region. But legal definitions do not create a nation. The meaning of nation is far deeper than any legal definition of it. Often politicians define a nation in terms of ideologies. For example, if a nation at a given time adopts the ideology of Communism, it is called a communist nation. If the ideology adopted is Capitalism it is called a capitalist nation. If the nation adopts a Fascist’s ideology it will be called a fascist nation.…
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