Understanding Your Legal Rights in Sri Lanka

In Sri Lanka, as in any country, knowing your legal rights is essential to navigating the complexities of everyday life. Whether you are dealing with personal disputes, employment issues, or criminal accusations, being aware of your rights empowers you to make informed decisions. Sri Lanka’s legal system is a mix of Roman-Dutch Law, English Law, and indigenous legal traditions, which can make it a bit challenging for the average person to understand. This blog aims to break down the basics of your legal rights in Sri Lanka to help you better understand the protections available to you.

1. Fundamental Rights under the Constitution

The Constitution of Sri Lanka provides a robust framework for protecting the rights of citizens. Chapter III of the Constitution outlines fundamental rights that every citizen is entitled to, including:

• Right to Equality: Everyone is equal before the law, and no person can be discriminated against based on race, religion, language, caste, or gender. This ensures that all citizens are treated fairly and equally under the legal system.
• Right to Freedom from Arbitrary Arrest and Detention: Citizens cannot be arrested or detained without valid legal reason. Any arrest must be made according to the law, and the detained individual must be informed of the reasons for their arrest. This helps protect individuals from wrongful detention.
• Freedom of Speech and Expression: While subject to reasonable restrictions, citizens have the right to express their thoughts and opinions without fear of government censorship. This right is fundamental to a democratic society.
• Right to Information: Citizens have the right to access information held by public authorities, allowing for greater transparency in government and public institutions.

If you believe that your fundamental rights have been violated, you can petition the Supreme Court of Sri Lanka to seek redress. It’s important to remember that any violation must be reported within one month from the date of the incident.

2. Criminal Justice Rights

In the event of being accused of a crime, Sri Lankan law provides specific protections:

• Presumption of Innocence: As per the legal principle, “innocent until proven guilty,” the burden of proof lies with the prosecution. You are presumed innocent until the court finds sufficient evidence to convict you.
• Right to Legal Representation: Every accused individual has the right to be represented by a lawyer. If you cannot afford legal representation, the state is obligated to provide a lawyer for you. This ensures fair access to justice for all individuals, regardless of their financial situation.
• Right to a Fair Trial: You are entitled to a public trial within a reasonable time. A judge or jury must hear your case, and both sides have the opportunity to present evidence and witnesses. You also have the right to appeal any decision made against you.
• Right to Remain Silent: If you are arrested, you are not obliged to make any statements that may incriminate you. This right is essential in preventing self-incrimination and ensuring a fair defense.

3. Employment Rights

In the workplace, employees in Sri Lanka are entitled to several rights that ensure fair treatment:

• Right to Equal Pay: Men and women are entitled to equal pay for equal work. Discrimination in payment based on gender is illegal.
• Working Hours and Leave: The Shop and Office Employees Act and other labor laws govern working hours, overtime, and leave entitlements. Employees are entitled to paid annual leave, sick leave, and maternity or paternity leave, depending on the nature of their employment.
• Protection Against Unfair Dismissal: If you are terminated without valid reason, you can challenge the dismissal in a labor tribunal. Employers must follow legal procedures when terminating employees.

4. Consumer Rights

As a consumer in Sri Lanka, you have rights under the Consumer Affairs Authority Act, which provides protection against unfair trade practices. Key rights include:

• Right to Safety: You are entitled to purchase products that are safe and free from harm.
• Right to Be Informed: Sellers must provide accurate information about the products or services they offer. Any false or misleading claims can be challenged legally.
• Right to Redress: If you have been wronged by a product or service, you can seek redress through the Consumer Affairs Authority or the courts.

5. Land and Property Rights

Land ownership is a crucial aspect of Sri Lankan law. Citizens have the right to buy, sell, and inherit property. However, foreign nationals face restrictions on purchasing property. It’s also important to be aware of legal processes like registering deeds and ensuring that all transactions are documented according to the law to prevent disputes later on.