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Advocata Institute identifies laws that discourage entry and retention of Lankan women in labour force
Advocata Institute says that Sri Lanka’s labour laws that discourage the entry and retention of women in the labour force are a factor preventing female participation in the workforce.
A report, titled ‘Gender Discriminatory Labour Laws in Sri Lanka and Female Labour Force Participation,’ recently launched by the Institute, says that the gender discriminatory labour laws, such as banning work at night, impacts female labour force participation.
The report identifies the lack of reference to part-time and flexible employment in the existing labour law, time restrictions on employing women at night, dearth of legal provisions for sexual harassment in employment and restrictions on overtime work for women, as legal obstacles that discourage women joining and actively participating in the workforce.
The report focused on four main areas of discrimination in the labour market: sexual harassment in the workplace, overtime work, work at night, and part-time work. The report highlighted that if these issues were addressed it is likely that female participation in the workforce would greatly improve which would benefit the economy and attract investment (particularly in the context of Sri Lanka’s tight labour market and the cost of labour).
In order to unblock the potential of the female labour force, the Advocata report proposes a series of reforms to existing legislation. These include amendments to the Shop and Office Employees (Regulation of Employment and Remuneration) Act No. 19 of 1945, Wages Board Ordinance No. 27 of 1941, Gratuity Act No. 12 of 1983, Industrial Disputes Act No. 43 of 1950, Factories Ordinance No. 45 of 1942, Employment of Women, Young Persons and Children Act No. 47 of 1956.
The launch event of the report was followed by a panel discussion. The panellists for the discussion included Attorney-at-Law Ayomi Fernando, International Centre for Ethnic Studies Independent Consultant and Research Associate Dr. Ramani Gunatilaka, MAS Women’s Empowerment, Advocacy and Code of Conduct General Manager Thanuja Jayawardene, and Women Parliamentarians’ Caucus Representative MP Thalatha Atukorale. The discussion was moderated by Advocata Institute Research Executive (Policy) Sathya Karunarathne.
MP Thalatha Atukorale stressed the importance of this by highlighting that most of the existing legislation need amendments, while stressing, “We need to adopt new laws. With new sectors taking part in our economy, we have a need to amend the laws. The [Women’s] caucus has been working on political, social, environmental issues and doing our best effort to bring into the notice of the ministers.”
During the discussion, it was pointed out that firms in the private sector who wished to hire women often have to negotiate their way through complicated and archaic laws. Some firms may even forego this altogether and enter informal agreements which, however, do not provide sufficient protections for women.
Sri Lanka’s failure to recognise part-time employment under the Shop and Office Employees (Regulation of Employment and Remuneration) Act remains such a barrier. According to Thanuja Jayawardene, “Making part-time work available for female employees is an important step in increasing labour force participation. From the business point of view, it is more beneficial to accommodate part-time work rather than lose employees, irrespective of their gender.”
Dr. Ramani Gunatilaka further stressed the importance of the reform, “If part-time work is allowed, young people and students can get experience, develop networks and even start their own businesses. Women can and want to do this. So, reforms are essential.” She stressed on the urgency of implementing these reforms and the impact it can have on the economy, “The working-age population is declining, and unless female labour force participation is boosted, the economy will not be able to grow at the expected rate.”
Ayomi Fernando shared similar insights while bringing into context the importance of recognising the elimination of restrictions on employing women at night. She said “Provisions preventing women working overtime are affecting the female labour. Women do need protection; however, these laws should be balanced to ensure women have equal opportunities.”
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Gnanasara Thero absconding after SC ruling
Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.
Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.
The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.
The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.
The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.
The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.
Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.
The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.
Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.
Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.
The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.
Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.
The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.
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House to debate 22A, Judicature Bill next week
Parliament is scheduled to debate the Twenty-Second Amendment to the Constitution Bill and the Judicature (Amendment) Bill on September 24 and 25, subject to the Speaker’s announcement following the delivery of the Supreme Court determination on petitions filed against the Bills.
The programme for the Parliamentary Week from September 22 to 25 was decided at a meeting of the Committee on Parliamentary Business held on Thursday (10) under the chairmanship of Speaker Dr. Jagath Wickramaratne.
On each sitting day, Parliamentary Business under Standing Orders 22(1) to 22(6) will be taken up from 9.30 am to 10 am, followed by Questions for Oral Answers from 10 am to 11 am Questions under Standing Order 27(2) will be taken up from 11 am to 11.30 am.
On Tuesday (22), the Orders published in Extraordinary Gazette No. 2497/37 under the Petroleum Resources Act and the Promotion of Export Agriculture (Amendment) Bill will be debated from 11.30 am to 5 pm.
The Tredso Development Foundation (Incorporation) Bill, a Private Member’s Bill, will then be taken up for Second Reading before being referred to the Legislative Standing Committee.
An Opposition motion at the Adjournment Time will follow.
On Wednesday (23), the Chartered Institute of Media Professionals of Sri Lanka Bill will be debated from 11.30 am to 5 pm, followed by Questions at the Adjournment Time.
The Second Reading debate on the 22nd Amendment Bill and the Judicature (Amendment) Bill is scheduled for 11.30 am to 7 pm on Thursday (24) and Friday (25).
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Wrong house targeted in underworld grenade attack: Two children killed
Two children aged 11 and 17 were mistakenly killed and their 55-year-old father injured in an early morning hand grenade attack on Sirisangabo Mawatha on Friday. Police investigations later revealed that the attackers targeted the wrong house during an ongoing underworld clash.
Three police teams have been deployed to investigate the attack, which occurred at around 3 am.
According to police, a man who arrived near the house in a three-wheeler knocked on the front door before throwing a grenade into the premises and fleeing.
The victims were identified as 17-year-old Kasun Rashmika and 11-year-old Duminda Gihan. Their 56-year-old father, Nalin Thusantha Perera, was seriously injured and admitted to the Kalubowila Teaching Hospital.
Police said the injured man’s brother was allegedly a close associate of a drug trafficker known as ‘Sando’ and had also been accused of involvement in drug trafficking.
The brother lives in a house adjoining the one targeted in the attack, and police suspect the grenade may have been thrown at the wrong house.
Police are also investigating information that the attack was allegedly carried out at the direction of several overseas-based drug traffickers, identified as Pandithage Shantha Kumara alias ‘Kos Malli’, Samantha Perera alias ‘Chuwa Samantha’, ‘Kudu Avishka’ and ‘I.D.’
Police said the attack was believed to be linked to an ongoing conflict between two underworld factions, which have targeted each other’s associates in shootings and grenade attacks. More than 20 people have reportedly been killed in such attacks.
Security agencies are also investigating alleged links between one faction and overseas-based criminals including Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya.
Security agencies have also received information that overseas-based criminals identified as Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya are allegedly behind the supply of firearms and drugs to the faction associated with Kos Malli and Chuwa Samantha.
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