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Justice Minister suggests abolition of all Kandyan, Thesawalamai and Muslim laws through new Constitution
By Saman Indrajith
Making use of personal laws prevailing in a country at present to attack a single community would not be approved by any civilized nation, Justice Minister Ali Sabry told Parliament yesterday.
“It is so unfortunate that practices of those laws have become a tagline or a slogan for campaigns intended to raise hatred and disharmony among communities,” the Minister said.
Responding to a series of questions raised by Our Power of People’s Party National List MP Ven Aturaliye Ratana Thera, Minister Sabry said that personal laws in the country had evolved over centuries. The One Law One Country concept of the government was being implemented in spirit and in letter to promote the Sri Lankan national identity, the Minister said.
“There are several personal laws in this country. Among them are the Kandyan Marriage and Divorce Act, the Jaffna Thesawalamai Law, the Muslim Marriage and Divorce Act, the Buddhist Temporalities Act and the Church of Ceylon Act. The Muslim law has been recognised as a personal law in many other countries, including India, the Philippines, Israel and Singapore. The Muslim laws are not solely made on the basis of the Quran. It was first recognised as the Mohammadan Code among other personal laws such as the Kandyan Law and the Theswalamai law in 1806. Thereafter, these laws evolved with time. For example, until 1938 amendments to the Kandyan law polyandry and polygamy were accepted in law. It is asked whether the Muslim law permits the marrying off of underage Muslim girls without their consent. This is not true. Such marriages are registered with their consent and only their fathers place their signature on registration documents on their behalf too after ascertaining the consent of the girl. In some states in the US the minimum age for marriage is 13, while in some provinces in Japan it is 15. Until 1997, here in Sri Lanka, that age was 16 years. According to Sections 8 to 15 of the Kandyan Law and the Section 22 of the Marriage Ordinance an underage marriage is accepted if the marrying children have the consent of their parents. There had been many such mismatches in the law until the Court intervened in 2002 and gave an order that the minimum age for marriage should be 18 years. Even in Saudi Arabia the minimum age of marriage is 18 now. We too have accepted that the minimum age of marriage should be set 18. I submitted a Cabinet paper in Nov 2020 to that effect. There I have also proposed the amending of the laws enabling females to act as Quazi judges and that the females getting married should place their signature in the registration documents. In addition, I have set up an advisory committee to amend Muslim laws and when their recommendations are ready they will be announced to the community so that people too could submit their proposals. We will consider all of them in amending the laws. I am against the marriages under the age of 18. There is also another fact that around 80 percent of underage mothers are not reported from the Muslim community but from other communities. That means they have become mothers even if their marriages are not registered.”
Minister Sabry said that achieving one law one country could not be achieved by doing away with personal laws of Muslim community only; there was the possibility of abolishing all personal laws at once and that could be done through the new Constitution being drafted, he added.
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Landslide Early Warnings issued to the Districts of Badulla, Kandy, Matale, Monaragala and Nuwara Eliya
The Landslide Early Warning Center of the the National Building Research Organaisation [NBRO] has issued landslide early warnings to the districts of Badulla, Kandy, Matale, Monaragala and Nuwara Eliya for a period of 24 hours effective from 1200 noon today [07th January].
Accordingly,
LEVEL III RED landslide early warnings have been issued to the divisional secretaries divisions and surrounding areas of Udadumbara in the Kandy district, and Nildandahinna and Walapane in the Nuwara Eliya district.
LEVEL II AMBER landslide early warnings have been issued to the divisional secretaries divisions and surrounding areas of Kandaketiya in the Badulla district, Wilgamuwa in the Matale district, and Mathurata and Hanguranketha in the Nuwara Eliya district.
LEVEL I YELLOW landslide early warnings have been issued to the divisional secretaries divisions and surrounding areas of Meegahakiwula, Lunugala, Welimada, Passara, Badulla and Hali_Ela in the Badulla district, Doluwa in the Kandy district,Ambanganga Korale in the Matale district, and Bibile in the Monaragala district
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Prez seeks Harsha’s help to address CC’s concerns over appointment of AG
Chairman of the Committee on Public Finance (CoPF), MP Dr. Harsha de Silva, told Parliament yesterday that President Anura Kumara Dissanayake had personally telephoned him in response to a letter highlighting the prolonged delay in appointing an Auditor General, a vacancy that has remained unfilled since 07 December.
Addressing the House, Dr. de Silva said the President had contacted him following the letter he sent, in his capacity as CoPF Chairman, regarding the urgent need to appoint the constitutionally mandated head of the National Audit Office. During the conversation, the President had sought his intervention to inform the Constitutional Council (CC) about approving the names already forwarded by the President for consideration.
Dr. de Silva said the President had inquired whether he could convey the matter to the Constitutional Council after their discussion. He stressed that both the President and the CC must act in cooperation and in strict accordance with the Constitution, warning that institutional deadlock should not undermine constitutional governance.
He also raised concerns over the Speaker’s decision to prevent the letter he sent to the President from being shared with members of the Constitutional Council, stating that this had been done without any valid basis. Dr. de Silva subsequently tabled the letter in Parliament.
Last week, Dr. de Silva formally urged President Dissanayake to immediately fill the Auditor General’s post, warning that the continued vacancy was disrupting key constitutional functions. In his letter, dated 22 December, he pointed out that the absence of an Auditor General undermines Articles 148 and 154 of the Constitution, which vest Parliament with control over public finance.
He said that the vacancy has severely hampered the work of oversight bodies such as the Committee on Public Accounts (COPA) and the Committee on Public Enterprises (COPE), particularly at a time when the country is grappling with a major flood disaster.
As Chair of the Committee responsible for overseeing the National Audit Office, Dr. de Silva stressed that a swift appointment was essential to safeguard transparency, accountability and financial oversight.
In a separate public statement, he warned that Sri Lanka was operating without its constitutionally mandated Chief Auditor at a critical juncture. In a six-point appeal to the President, Dr. de Silva emphasised that an Auditor General must be appointed urgently in the context of ongoing disaster response and reconstruction efforts.
“Given the large number of transactions taking place now with Cyclone Ditwah reconstruction and the yet-to-be-legally-established Rebuilding Sri Lanka Fund, an Auditor General must be appointed urgently,” he said in a post on X.
By Saman Indrajith
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Govt. exploring possibility of converting EPF benefits into private sector pensions
The NPP government was exploring the feasibility of introducing a regular pension, or annuity scheme, for Employees’ Provident Fund (EPF) contributors, Deputy Minister of Labour Mahinda Jayasinghe told Parliament yesterday.
Responding to a question raised by NPP Kalutara District MP Oshani Umanga in the House, Jayasinghe said the government was examining whether EPF benefits, which are currently paid as a lump sum at retirement, could instead be converted into a system that provides regular payments throughout a retiree’s lifetime.
“We are looking at whether it is possible to provide a pension,” Jayasinghe said, stressing that there was no immediate plan to abolish the existing lump-sum payment. “But we are paying greater attention to whether a regular payment can be provided throughout their retired life.”
Jayasinghe noted that the EPF was established as a social security mechanism for private sector employees after retirement and warned that receiving the entire fund in a single installment could place retirees at financial risk, particularly as life expectancy increases.
He also cautioned that interim withdrawals from the EPF undermined its long-term sustainability. “Even the interim payments that are given from time to time undermine the ability to give security at the time of retirement,” he said, distinguishing the EPF from the Employees’ Trust Fund, which provides more frequent interim benefits.
Addressing concerns over early withdrawals, the Deputy Minister explained that contributors have been allowed to withdraw up to 30 percent of their EPF balance since 2015, with a further 20 percent permitted after 10 years, subject to specific conditions and documentary proof.
Of 744 applications received for such withdrawals, 702 had been approved, he said.
The proposed shift towards an annuity-based system comes amid broader concerns over Sri Lanka’s ageing population and pressures on retirement financing. While state sector employees receive pensions funded by taxpayers, including EPF contributors, the EPF itself has been facing growing strain as it is also used to finance budget deficits.
Jayasinghe said the government’s focus was to formulate a mechanism that would ensure long-term income security for private sector employees, placing them on a footing closer to a pension scheme rather than a one-time retirement payout.
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