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Homosexuality neither a disease of the mind nor an offence, says court
The Wattala Magistrate’s Court has dismissed a case filed against a lesbian from Welisara – Mahabage.The case was dismissed after the court had accepted the submission of the defence counsel that homosexuality is neither a disease of the mind nor an offence. A case was filed at the Wattala Magistrate’s Court against a 22-year-old lesbian woman. The parents of the victim, with the help of the Welisara Mahabage Police, had filed a motion in Court seeking a declaration that she was mentally ill because she was a lesbian.
The parents of the victim had been illegally confining the adult woman and subjecting her to abuse, harassment, and forced conversion services after she informed them of her sexual orientation and that she was in a consensual and loving, same-sex relationship.
The matter was initially raised with the Welisara Mahabage Police when a friend of the victim made a complaint to the Welisara Mahabage Police after receiving an email from the victim explaining her illegal confinement.
The victim and her parents were then summoned to the Police for further inquiry. Here, the parents of the victim informed the Police that the victim was suffering from a mental illness as a result of her homosexuality. The Police then further discriminated against the victim based on her sexual orientation. The Police, on the request of the parents of the victim, subjected her to a psychiatric evaluation with a psychiatrist suggested by the OIC. The parents of the victim then made a complaint against their daughter stating that she was in a same-sex relationship and suffered a mental illness therefore they wished that she be produced before a Judicial Medical Officer for psychiatric evaluation. The victim objected to this examination on the ground that no court order was issued.
One week later, the Police summoned all parties back to the Police station stating that there was no evidence of an offence being committed on the part of the victim and they wished to release her possessions back to her. The counsel appearing for the parents of the victim then contested the ownership of the possessions. The Police then stated that this dispute should be resolved by the Magistrate and presented the facts to Court.
On 21 March 2022, the case was taken up before an Interim Magistrate at the Wattala Magistrate’s Court. Appearing on behalf of the parents, the parents’ lawyers, a President’s Counsel, made an application to the Court that the victim suffers from a mental illness and should be subjected to a psychiatric evaluation by a Judicial Medical Officer (JMO) because of her homosexuality. Despite there being no specific offence charged and no legal basis for a medical examination, the Interim Magistrate had ordered the victim to be produced before a JMO for examination before the next hearing.
Following this decision by the Interim Magistrate, the victim’s lawyers filed a revision application to the High Court of Negombo to contest the Interim Magistrate’s decision. The lawyers argued that the Interim Magistrate had reached her decision merely upon submissions provided by the complainant and not upon any legal reasoning.
Magistrate’s often issued orders subjecting LGBT people to anal and vaginal examinations and STI testing purely at the request of the Police. Such decisions can be challenged through revision applications. This case highlights this possibility.
In August 2021, the Sri Lanka College of Psychiatrists also issued a statement that homosexuality was not a mental illness. They further went on to state that the myth of homosexuality being a mental illness lacked any scientific-based evidence and called on the relevant authorities to repeal S.365 and 365A of the Penal Code.
Sections 365 and 365A of the Penal Code do not expressly criminalise homosexuality but are misapplied and misinterpreted by law enforcement to persecute LGBT people. The case was called again recently by the Wattala Magistrate Court. The Magistrate was then informed of the revision application that was made against the order of the Interim Magistrate. Further allegations were then put forward by the complainant’s lawyer that the victim had been ‘brainwashed’ and ‘abducted’ by her partner, despite the victim’s claims of being in a consensual relationship. This was despite the victim having earlier made a statement to the Mahabage Police Station that she does not wish to live with her parents.
Arguments were then raised by the victim’s lawyer that since the victim was of 22 years of age, she is an adult and is in full capacity to make her own decisions. The victim’s lawyer also informed the court of the statement issued by the Sri Lanka College of Psychiatrists, which rejected homosexuality as a mental illness. Furthermore, evidence was provided to the fact that the victim did not suffer from any mental illness that warranted her confinement since she was holding a Bachelor’s Degree in Business and was employed as a teacher.
The complainant’s lawyer argued that releasing the victim to the public would endanger children as she was a teacher.The victim’s lawyer further stated that the victim’s sexual orientation as a lesbian does not constitute an offence under the Penal Code of Sri Lanka. In a U-turn for the Police, the final report submitted by the Welisara Mahabage Police Station also stated that there was no evidence of any offence being committed by the victim.
Following these arguments, the Magistrate stated that there was in fact a lack of evidence of any mental illness and that no offence had been committed by the victim. The Magistrate dismissed this case on the grounds that a JMO examination was not warranted since there was no evidence that the victim was suffering from a mental illness, thereby accepting that homosexuality was not a disease of the mind.The victim was supported by a collective of pro-bono lawyers working with legal probono organisation iProbono. Lawyers included President’s Counsel Dilrukshi Wickremasinghe, Erandhi Abeynake, Thishya Weragoda, Jerusha Thambiah, and Shevindri Manuel.
News
CTU: Teacher shortage casts doubt on govt.’s education reforms
By Chaminda Silva
The government’s ambitious plans to overhaul Sri Lanka’s school education system and introduce new curricula could face serious implementation difficulties, with teacher unions warning that a longstanding and severe shortage of teachers remains unresolved.
The warning came as Prime Minister Dr. Harini Amarasuriya announced yesterday that new curricula would be introduced for Grades 2 and 6 next year, while also stating that the government planned to recruit around 30,000 new teachers across the education system by February.
However, the Ceylon Teachers’ Union (CTU) questioned whether the government would be able to provide the teachers required to implement the proposed reforms, claiming that the recruitment process itself had become mired in problems.
CTU General Secretary Joseph Stalin accused the government of making misleading claims about teacher recruitment and said the shortage that had affected schools for more than a year would continue into next year.
“There is currently a severe teacher shortage in the school system,” Stalin told a press conference in Colombo yesterday.
He said the government had previously acknowledged that there were about 46,000 teacher vacancies in the school system, but the figure was later revised to around 36,000.
“Those vacancies have remained unfilled for more than a year and a half. The school system has continued to operate with a severe teacher shortage throughout this period,” he said.
Stalin questioned how the government intended to introduce new curricula while thousands of existing teaching vacancies remained unfilled.
He said the Government had initially announced plans to recruit 23,000 teachers, despite the number of vacancies being significantly higher.
Although a gazette notification, relating to the recruitment had been issued, only around 17,000 applicants had been summoned for the initial round of interviews, he added.
Stalin said interviews were expected to begin in November and that appointments would, therefore, be made only from January onwards.
“If there are more than 36,000 teacher vacancies, the Government has decided to recruit only 23,000 teachers, and only around 17,000 have been called for interviews.
Who will take responsibility for the remaining vacancies?” he asked.
He said the problem was not merely one of numbers but also involved the Government’s recruitment procedure.
According to Stalin, shortcomings and ambiguities in the gazette notification issued for the recruitment examination had contributed to the present crisis.
“We primarily believe that the lack of proper procedures in the gazette notification issued for the recruitment examinations has contributed to this crisis. The ambiguities in the notification itself have led to the recruitment process becoming a major issue,” he said.
The shortage was also affecting the transfer system, Stalin mentioned.
A large number of teachers had been unable to obtain transfers because replacements were not available, with some teachers remaining at the same school for 12 or 13 years, he claimed.
As replacements had not been recruited, such teachers would have to remain at their present schools for another year, he said.
“This is a serious crisis. However, the situation is even more critical for students who are left without teachers,” Stalin said.
He also questioned the Government’s plans to close schools with fewer than 50 students.
“We suspect that this move is to take the teachers from these schools and redeploy them to other schools to fill vacancies there.”
The union’s concerns come at a time when the Government is pushing ahead with a major overhaul of the education system.
Addressing the Badulla District Women’s Conference yesterday, Prime Minister Amarasuriya said the Government would introduce new curricula for Grades 2 and 6 next year as part of its wider education reforms.
She said a new curriculum had already been introduced for Grade 1 this year, while new curricula for Grades 2 and 6 would be introduced over the next two years.
The Prime Minister said the Government was developing a new education system aimed at securing the future of all children, with the emphasis shifting away from producing students, focused solely on examinations.
The Government’s objective was to nurture a generation capable of facing future challenges successfully and confidently, she said.
The Prime Minister also announced that interviews for the recruitment of 17,000 teachers would commence on November 20.
She said approval had also been granted to recruit 2,000 academic staff members for the university system, with that recruitment process already under way.
The Government plans to recruit approximately 30,000 new teachers across the education system by February next year, she said.
A special programme would also be implemented to improve infrastructure facilities in schools, the Prime Minister added.
The contrasting positions highlight a potentially significant gap between the Government’s education reform timetable and the capacity of the existing school system to deliver it.
While the Government has set out a timetable for introducing new curricula and recruiting tens of thousands of teachers, the CTU argues that the existing shortage, delays in recruitment and unresolved transfer problems could leave schools struggling to provide adequate teaching staff when the reforms take effect.
With the Government planning to introduce another round of curriculum changes next year, the ability to fill vacancies in time could, therefore, become a crucial test of whether its broader education reform programme can be implemented as planned.
News
Norochcholai to remain offline for several days after blackout
The Norochcholai coal power plant will remain disconnected from the national grid for several days following Saturday’s countrywide power failure, as authorities continue to follow safety procedures after the incident.
The National System Operator (NSO) said the 810-megawatt plant had been shut down as a precaution after the sudden power outage on October 17 and would not be reconnected to the grid until the necessary safety measures were completed.
The temporary loss of 810 MW of generating capacity would be managed through careful electricity supply arrangements to minimise the impact on consumers over the coming days, the NSO said.
It said the prevailing rainy weather was expected to help sustain hydropower generation at high levels, while a projected decline in electricity demand would further ease pressure on the system.
The countrywide blackout occurred at around 11.43 a.m. on October 17 after a generating unit disconnected from the national grid, creating an imbalance that caused the entire power system to collapse within less than 30 seconds.
Restoration efforts began shortly afterwards. By 12.11 p.m., major hydropower generating units had been brought back online and the power system was restarted simultaneously in four separate sections.
The restoration process was complicated by small-scale power generation facilities that were not under the direct control of the system control centre. However, electricity supplies were progressively restored through the activation of distribution feeders from 12.37 p.m.
By around 3 p.m., power had been restored to essential services, including major hospitals, water treatment plants and the airport.
Grid substations across the country had been reconnected by around 5 p.m., restoring electricity to the majority of consumers, the NSO said.
The operator stressed that the sudden disconnection of a generating unit as a safety measure was a normal occurrence at power plants. However, such a disconnection resulting in a complete collapse of the national power system was not considered normal.
An internal investigation has, therefore, been launched to establish the sequence of events that led to the islandwide outage and determine its underlying causes, the NSO said.
News
President links businessman held with arms to politicians
By Norman Palihawadane
President Anura Kumara Dissanayake yesterday said a businessman, arrested with a caches of firearms, ammunition and hand grenades, had links to a politician, as authorities continued investigations into the seizure.
Addressing a public gathering in Badulla, the President said the suspect was among those being investigated in connection with operations targeting organised crime and that authorities were aware of his political connections.
He also referred to a video footage allegedly showing the suspect firing at people in the Weliweriya area, describing it as an example of the dangerous activities associated with individuals possessing illegal firearms.
The 38-year-old businessman, who is reportedly the owner of a cinema, and a relative of a politician, was arrested following a search conducted by officers of the Colombo District Crime Division at the cinema on Hanwella Road, in the Kirindiwela Police Division, on October 17.
Police said the search had been carried out based on information received by investigators.
The weapons and ammunition seized included two foreign-made pistols, a revolver, a foreign-made repeater firearm and a foreign-made 12-bore firearm.
Police also recovered hundreds of rounds of ammunition, including 398 rounds of 12-bore ammunition, 278 rounds of 9mm ammunition, 49 rounds of .32-calibre ammunition and 3,083 rounds of .22-calibre ammunition, along with two live hand grenades.
The suspect, a resident of the Millathe area, is being questioned as investigations continue.
The Police Media Division said police would seek a detention order to facilitate further questioning of the suspect and advance the investigation.
The Colombo District Crime Division is conducting further investigations into the cache of weapons and the suspect’s alleged activities and connections.
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