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Govt. plans to decriminalize LBGTQ

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Should not undermine anti-child abuse laws activists say

By APSARA RODRIGO

(ECONOMYNEXT) Sri Lanka’s plans to decriminalize homosexuality to prevent discrimination against the LBGTQ community should not lead to a weakening of child abuse laws which already have some loopholes, activists have warned.

Sections 365 states that ‘whosoever voluntarily has carnal intercourse against the order of nature with any man, woman or child,’ is guilty of an offence. Section 365 A states that ‘any person who, in public or private, commits, or is party to the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency,’ is also criminally liable.

These offences are aggravated in the case of its commission on a child.

“This will automatically abolish the entire amendment brought under act number 22 of 1995. According to our view, it automatically decriminalizes child abuse under section 365 and section 365A,” said Shermila Gonawala, the chairperson of Urban Citizens, in a letter to the president.

Urban Citizens is a civic group made up of professionals, academics as well as members of the community who advocate for political change.However, the criminal status of child abuse has always been questioned by political and civil rights activists.

“Married women are not eligible to take action against rape if it came from their husband,” said an activist involved with the Sisterhood Initiative.

“Since the Muslim Marriage and Divorce Act recognizes the legality of a marriage of a girl as young as twelve without her consent, there is no protection afforded to Muslim girls.

“Even if an unmarried minor girl is raped, she is often married off to her rapist which allows her rapist to escape prosecution as her husband. Girls younger than 12 can also be married under the act if the marriage is authorized by a Quazi.”

However, this provision of the Penal Code only addresses child sexual abuse and does not address physical, verbal, emotional or psychological abuse.

Section 308 A of the Penal Code criminalizes causing or procuring a child to be ‘assaulted and ill-treated,’ however section 71 (6) states that nothing in this section shall be construed as affecting the right of any parent, teacher or any other person having lawful control or charge of a child or young person to administer punishment to him.’

Although section 71 (6) legalizes corporal punishment of children as a form of discipline, many activists and academics have been calling for this law to be changed.A study done by Piyanjali De Zoysa and Lalini Rajapaksha of the University of Colombo and Peter Newcombe showed that ‘the increasing levels of corporal punishment were significantly associated with a child’s psychological maladjustment.’

In 2021 the Sri Lankan Supreme Court presided over a case where a 15-year-old student had been slapped across the face by one of his teacher’s resulting in permanent hearing loss.The court held that the teacher violated article 11 of the constitution which prohibits torture and cruel, inhumane or degrading treatments.



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Fuel crunch looms

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Govt. tells fuel distributors to maintain stocks to ensure uninterrupted supplies

by Saman Indrajith and Norman Palihawadane

The government had instructed private fuel distributors to maintain minimum stocks and ensure uninterrupted supplies to the market, Energy Minister Anura Karunathilaka told Parliament yesterday (06).

Karunathilaka said the Ministry of Energy Secretary had notified the relevant companies of the requirement, following a reduction in supplies by some private distributors, amid higher international fuel prices.

The Minister said private companies had informed the government that they were facing losses because international prices had risen while fuel was being sold, locally, at prevailing prices. As a result, some companies had reduced the volumes released to the market.

The reduced supplies had increased the burden on the Ceylon Petroleum Corporation (CPC), whose share of the diesel market had risen from about 54% to 82%, the Minister said.

“The CPC currently holds an 82% share of the market,” he said, adding that it had increased its supplies, compared with February, to compensate for the reduction by private distributors.

Karunathilaka said the government could not, under the existing agreements with private companies, specify the quantities they should supply to individual filling stations. However, it could require them to maintain minimum stocks in the country.

The Minister said the Energy Ministry had already instructed companies that had failed to maintain the required stocks to take steps to prevent supply disruptions.

The Minister attributed the queues reported at some filling stations to reduced supplies from private distributors, as well as normal variations in fuel distribution. He also said demand for CPC fuel had increased because private companies generally did not provide fuel to dealers on credit, while the CPC offered a three-day credit facility.

“We expect that, as the Ceylon Petroleum Corporation takes on this additional burden, the problem will ease to some extent by Wednesday or Thursday,” Karunathilaka said.

He said instructions had also been issued to increase supplies to CPC filling stations. A special discussion on the issue is scheduled for today (07), with officials of the Energy Ministry and CPC expected to participate,

along with President Anura Kumara Dissanayake.

Meanwhile, Petroleum Dealers’ Association officials have called for an early solution to the supply issue. Association Chairman D.V. Shantha Silva said queues had been reported at many filling stations, mainly those operated by private distributors.

He said the situation was not due to an overall shortage of fuel, but was linked to reduced orders by Lanka IOC, Sinopec and R.M. Parks amid concerns over losses incurred on fuel sales.

The Ceylon Petroleum Private Tanker Owners Association has urged motorists to refrain from panic buying, saying there was no nationwide disruption to fuel supplies.

The government earlier increased fuel prices and introduced a per-litre diesel subsidy following concerns raised by distributors over rising international prices.

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Gnansara Thera to be assigned to prison printing section: Officials

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Bodu Bala Sena General Secretary Ven. Galagodaaththe Gnanasara Thera, who was taken into custody to serve the remainder of his prison sentence, was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court. He appeared before the court in layman’s clothes. Pic by Nishan S. Priyantha.

by Norman Palihawadane

Bodu Bala Sena General Secretary Ven. Galagodaatte Gnanasara Thera, who has been ordered by the court to serve the remainder of his prison sentence, is to be assigned to the prison ‘printing work party’, prison officials said yesterday.

The monk was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court.

He appeared before the court in civilian attire.

Prison sources said arrangements were being finalised for his detention and that he would subsequently be assigned to the printing work party.

The Thera initially objected when prison officials instructed him to change from his robes into the attire worn by convicted prisoners.

He later agreed to wear the prescribed prison clothes, sources said.

The Supreme Court, in September, annulled the presidential pardon granted to Gnanasara Thera in 2019. He had been serving a six-year prison sentence imposed following his conviction for contempt of court but had served only about nine months when then President Maithripala Sirisena granted him a presidential pardon in May 2019.

Following the Supreme Court ruling, the Thera was required to serve the remainder of his sentence. He was subsequently reported missing, prompting the Court of Appeal to issue an open warrant for his arrest.

The Court of Appeal on Monday ordered the authorities to enforce the remainder of his prison sentence.

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Speaker rejects Ajith Perera’s privilege complaint

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Speaker Dr. Jagath Wickramaratne yesterday ruled that a privilege complaint submitted by SJB Kalutara District MP Ajith P. Perera did not constitute a prima facie breach of parliamentary privilege.

The ruling was made in response to a notice of privilege submitted by Perera on October 02.

Perera alleged that his parliamentary privileges had been breached over the failure to take formal action or reach a final decision on a written request submitted on August 03 by 18 Opposition MPs seeking the appointment of a Special Select Committee to investigate delays in the judicial system and prison overcrowding.

He had also requested that the matter be referred to the Committee on Ethics and Privileges for investigation and recommendations.

In his ruling, Speaker Wickramaratne said the Speaker, as the Presiding Authority and guardian of the powers, rights and privileges of Parliament, could not be subjected to a privilege complaint or disciplinary inquiry by a committee subordinate to the Chair in respect of actions taken in an official capacity.

He said that, under the Standing Orders, the Speaker was required to independently determine whether a prima facie case of breach of privilege existed.

Referring a complaint against the Speaker to a committee functioning under the Speaker’s authority would, therefore, create a procedural contradiction, he said.

Accordingly, the Speaker ruled that Perera’s notice did not constitute a prima facie breach of parliamentary privilege and disallowed the request to refer the matter to the Committee on Ethics and Privileges.

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