News
Women MPs’ Caucus flays Justice Ministry
Lowering of statutory rape age to 14:
… relevant Sectoral Oversight Committee, too, not consulted
By Shamindra Ferdinando
Dr. Sudarshini Fernandopulle, MP, yesterday (24) said that the Women Parliamentarians’ Caucus had not been consulted before the Justice Ministry gazetted a Bill on 09 Feb., 2024, to amend the Chapter 19 of the Penal Code.
The Gampaha District SLPP MP, who is the incumbent Chair of the Caucus, said that at the moment a 16-year-old girl having sex was considered rape and Justice Minister Dr. Wijeyadasa Rajapakshe, PC, move would have lowered that age limit to 14.
Dr. Fernandopulle said so in response to The Island query whether the Justice Ministry had sought the views of the Women Parliamentarians’ Caucus on the issue.
Pointing out that the Justice Minister announced the withdrawal of the Bill on Saturday, MP Fernandopulle said that the relevant Sectoral Oversight Committee, too, had not been consulted. On behalf of the Caucus, Dr. Fernandopulle last week, in writing, requested Dr. Rajapakshe to withdraw the controversial bill.
Responding to another query, she said that there couldn’t be any justification in the proposed Bill and the Justice Ministry owed an explanation as to who really wanted to do away with the amendments made to the Penal Code in 1995.
Addressing the media at Monarch Imperial, after the conclusion of the 50th anniversary celebrations of the Bar Association on Saturday, Dr. Rajapakshe said that the amendment had been brought in line with recommendations made by a group consisting of judges and experts.
Dr. Fernandopulle said the Bill must be withdrawn due to the misunderstanding and misinterpretation of the principle of consent of an underage girl, who is considered by the criminal law of our country, to be lacking in capacity to consent to sex. “This could have caused a catastrophic situation at a time the country is in deepening turmoil,” Dr. Fernandopulle said.
“I really do not know how this policy was formulated, and it clearly ignored current realities involving high incidence of sexual abuse of children including girls, and the appalling failures on the part of law enforcement,” the former State Minister said.
The civil society too lambasted the proposed amendments. A group of prominent civil society members raised objections to the proposed Penal Code amendments calling for the reduction of the age of consent, concerning statutory rape to 14 years. The group, consisting of over 150 individuals and 55 Civil Society organisations, called for the immediate withdrawal of the Penal Code amendment.
The official appointment letters for the members of the newly established “Cricket Transformation Committee” (CTC) were handed over on Monday (04) by the Minister of Youth Affairs and Sports, Sunil Kumara Gamage.
The following members received their letters of appointment at the Ministry premises:
Sidath Wettimuny
Thushira Radella
Prakash Schaffter
Ms. Avanthi Colombage
The Ministry also noted that veteran cricketers Roshan Mahanama and Kumar Sangakkara, who are key members of the committee, are currently overseas. Their official appointments will be formalised immediately upon their arrival in Sri Lanka.
The Cricket Transformation Committee has been mandated to oversee the administration and drive structural reforms within Sri Lanka Cricket (SLC) in accordance with the powers vested in the Minister under the Sports Act No. 25 of 1973.
Three prison guards attached to the Welikada Prison have been arrested by Borella Police following the death of an inmate on Monday (04).
‘Bar Association must reveal its stand’
Civil society group ‘Free Lawyers’ has requested Chief Justice Preethi Padman Surasena to probe whether political pressure was brought on a Magistrate, or a High Court Judge, in respect of an ongoing high profile case.
Speaking to The Island on behalf of ‘Free Lawyers,’ Rajith Keerthi Tennakoon said that they felt the urgent need to seek the CJ’s intervention, following the May Day declaration by President Anura Kumara Dissanayake that the verdict of a case that was heard on 30 April would be given on 25 May. Tennakoon said that addressing the NPP’s main May Day rally at Maharagama, the President asked the people to be ready to celebrate that verdict. The President couldn’t have said so if he hadn’t been aware of the impending verdict, Tennakoon said, while emphasising the responsibility on the part of the Bar Association to state its position on the issue.
‘Free Lawyers’ recently captured pubic attention following its exposure of the theft of USD 2.5 mn from the Treasury.
Responding to a query, Tennakoon said that on behalf of ‘Free Lawyers,’ Maithri Gunaratne, PC, on Monday, 4 April, wrote to both CJ Surasena and President of the Bar Association Rajeev Amarasuriya.
Alleging that President Dissanayake’s declaration caused immense harm to the independence of the judiciary and raised controversy over the judgement that would be given on 25 May, ‘Free Lawyers’ organisation also asked the CJ to inquire into whether the entire judicial process was under political pressure.
Tennakoon said that they expect the Bar Association to reveal its position on President Dissanayake’s statement. Tennakoon pointed out that during the May Day address, President Dissanayake made reference to 15 cases that were to be taken up during this month, whereas Transport, Highways and Urban Development Minister, as well as Leader of the House Bimal Rathnayake, mentioned nearly 10 names of politicians, both sitting and former lawmakers, to be summoned beginning, May.
Tennakoon said that the NPP appeared to have used May Day to counter growing accusations over the Colombo port container controversy, coal scam, Rs 13.2 bn NDB fraud and theft of USD 2.5 mn from the Treasury and USD 625,000 from the Sri Lanka Postal Service.
By Shamindra Ferdinando
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