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| Sunday, 03 August 2003 |
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Features |  |
| News Business Features Editorial
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Public nuisance bared An Introduction to the Law of Public Nuisance in Sri Lanka. Reviewed by Edward Gunawardena "An Introduction to the Law of Public Nuisance in Sri Lanka" written by D.A.P. Weeratna Attorney-at-Law was launched recently at a simple ceremony in the presence of authors and long-standing friends. The chief guest on the occasion was H.S. Yapa, Judge of the Supreme Court. This timely publication is bound to prove of value not only to law students and practising lawyers, but more importantly to laymen who out of ignorance of what constitutes public nuisances have endured such without a whimper. It is also a publication that deserves the discerning attention of judges, lawmakers and law-enforcers. The plethora of ordinances governing nuisances, The Police Ordinance, The National Environmental Protection Act, The Urban Development Authority Act, The Rabies Ordinance, to name a few at random, have no doubt added to the problems of abating nuisances. The author has taken considerable pains to illustrate how victims of nuisances face frustrating situations when legal remedy is sought. Some of the judicial decisions that the author has cited can indeed be most baffling to those who have to put up with nuisances. For example in an application to a Magistrate for the removal of an obstruction from a public path, "it should be proved that the path has been dedicated to the use of the public either by proof of a notarial grant from the accused or by his predecessors in title or by proof of the use of the path by the public as a right from time immemorial." A tall order in deed for a citizen seeking the removal of an obstruction from the pathway he uses! The indiscriminate disposal of waste is today arguably one of the commonest nuisances. However, from a legal point of view the author identifies 'grey areas' which can lead to uncertainty and confusion. Accordingly it is not certain whether something which can be re-used but which is discarded should be classified as waste! Most confusing indeed from the point of view of laymen. By the same token it may even be argued that human excreta is not waste as it could be re-cycled for agricultural purposes, as practised in China for centuries. Weeratna's is a highly commendable pioneering research effort in this most topical subject that has begun to affect every citizen, with the rapid modernisation that is taking place. 'Public Nuisance' is not a subject that can be convincingly dealt with by academics in law. As an Attorney practising predominantly in an area where states sponsored industrialisation is taking place at a rapid pace he has been able to draw on many living examples to make the book valuable, meaningful and interesting. However, in spite of his enthusiasm to illustrate his work with as many examples from our country, he has not failed to draw inspiration from British and more importantly Indian decisions relevant to the subject. Some of the Sri Lanka decisions cited by the author should serve as lessons to nuisance makers and provide hope and peace of mind to victims of nuisances. In this regard particular mention should be made of Elayl Jayawardhena vs. OIC Police Station Panadura, where the working of a metal crushing machine emitting dust and noise was held to be a nuisance,and S.R. Wijesinghe and Others vs. Chairman Kotte UC, the courts issued a conditional order directing the UC to stop the dumping of garbage. One need not overemphasize the fact that most law-abiding citizens are compelled to suffer nuisances in silence. One is that they cannot afford the expensive and time-consuming process of litigation, the other is that they do not want to rub against powerful people engaged in nuisance generating activities. It is in this situation that the police and local authorities empowered with enforcement should take cognisance of the blatant violations of the law of Public Nuisance and initiate legal proceedings without waiting for complaints, which may never come. For example, waste water outlets to public roads and pavements and the dumping of dirt are common occurrences falling within the ambit of the Police Ordinance. The question that many ask is why doesn't the police act? By bringing to focus the attitude of Indian Judges and legislators on this subject under discussion Weeratna has added a refreshing new dimension and food for thought for the Sri Lankan counterparts. By highlighting the Subash Kumar vs State of Bihar Judgement of the Indian Supreme Court the author has certainly kindled the hopes of citizens, and environmentalists in particular. This is a case where the Indian Supreme Court determined that access to pollution free water and air is a fundamental right of citizens. The Supreme Court of India has held that the right to live is a Fundamental Right under Article 21 of the Indian Constitution and it includes the right to enjoyment of pollution free water and air for full enjoyment of life. It is indeed heartening to note that the author has drawn inspiration from one of the most enlightened judges of our time, Chief Justice Bhagawathi of India. The latter's ground breaking judgement in S.P. Gupta vs. Union of India is without doubt an eye-opener in this area of legal thinking. C.J. Bhagawathi has observed "Where a legal wrong or a injury is caused to a person or a determinate class of persons is by reason of poverty, helplessness or disability or socially or economically disadvantaged position unable to approach the court for relief, any member of the public can maintain an application for an appropriate direction." The author, notwithstanding the fact that he is a practising attorney has displayed admirable courage to emphatically state (p. 93) that - Sri Lanka's Judiciary still maintains the traditional concept in regard to 'locus standi'. Therefore the concept of public Interest Litigation has still not been recognised." After referring to a further landmark judgement of C.J. Bhagawathi, the author has made a highly pertinent plea, which I believe will be given serious consideration by our own-judiciary and lawmakers. Weeratna's plea is, 'it is respectfully submitted that with the opening up of the economy and considering the socio economic conditions in the country, Public Interest Litigation should be given a place in our judicial system." This 'plea' is not from a politician or legal academic, but a much sought after practising attorney with village roots endowed with a deep understanding of the travails and problems of the indigent and underprivileged in a society experiencing unprecedented socio-economic changes. Understandably, as in many maiden publications particularly in the English language (In Sri Lanka) this book has many production flaws, but the contents of the book overwhelmingly outweigh such shortcomings. ###### Sharing his vision on great missionaries Basil : Portrait of a Missionary This book is a story of one of the great missionaries who worked in Sri Lanka, during a time of great change within both the nation and the Church. It aims to show how he perceived these changes in the light of the gospel, bringing to bear his unique understanding of how God was at work in Sri Lanka through the very human institutions of religion, schools, political life and through the interplay of personalities. His knowledge of the discipline of history, together with his insights into the gospel and his love of the people enabled him, in his life and writings to share a vision, which is still important today. It is, therefore, neither a historical study nor a formal biography, but something more subjective. Some of the insights, which Basil Jackson tried to share are ones which, even today, the religious institutions and society at large needs to understand as it tries to find a way out of the current socio-political and economic predicament in Sri Lanka. The strength and the authority for Rev. Graeme Jackson, (the son of late Rev. George Basil Jackson) in writing this book comes from the fact that Sri Lanka is his country of birth: that he worked with the Methodist Church in the country from 1955 - 1966 and that he continued to have a deep love for Sri Lanka through the years. He was educated at Richmond College - Galle, Kingswood College-Kandy as well as Kingswood School - Bath, in England. He graduated in natural sciences from the University of Cambridge and followed by a degree in Theology from the University of Bristol as part of his training for the ministry of the Methodist Church. (From back cover of book) ###### A book that helps to enrich word power 'Pada Nena Vinisa' Reviewed by K. A. I. Kalyanaratne Thilaka Navaratne, journalist of repute, treads on a difficult course by publishing 'Pada Nena Vinisa', a book that helps to enrich diction, while ascertaining one's word power. While perusing the structure and contents of the book one would instantly recall the 'It pays to increase your word power' page of the Reader's Digest. The structure of the book Similar to this tradition 'Pada Nena Vinisa' includes 74 lessons, each lesson containing 15 words. Four different meanings are given for each and the reader is expected to select and mark the correct meaning of each of these 15 words. There is a matrix provided on the opposite page of each lesson and the page number carrying the correct meanings of the words appearing in each lesson is indicated below each matrix. Matrices have been provided so that the students or the readers could do exercises and later check the answers. In this manner the readers themselves can give themselves marks out of 15 and gauge the richness of their word power and the command of the language. Navaratne, on numerous occasions has gone beyond giving only the meanings of these words. From lesson No. 15 the answers contain the meanings and also expositions wherever such additional explanations are deemed necessary. The book is thus more than a lexicon. It is an exposition as well. This approach is extremely useful to those who wish to broaden their knowledge, and more specifically their vocabulary and diction. A guide for both teachers and students Pada Nena Vinisa cannot and should not be treated purely as a school-book. It is rather a book for everybody, in the sense that nobody can read it without finding something helpful in it. In this sense I do especially commend it to the attention of all teachers who sincerely wish to acquire language-competence and impart such knowledge to students in our schools. It is thus a book that should find a place not only in every school, but more specifically in every library. The book, in a way, provides amusement, as it could be made use of in 'do you know' contests as well. It has now been proved scientifically that we think in terms of words. Therefore the more words we are familiar with, the easier it will be for us to think accurately. In other words, if we intend enlarging our mind power it is essential that we should enlarge our vocabulary. There is no other option or alternative. If we would make it a habit to look up any word we hear or read that we never heard before, or whose meaning is not clear to us, our vocabulary would show immediate improvement. Pada Nena Vinisa emerges as a rescuer as in its over 300 pages, the author or more precisely the lexicographer) has taken great pains to collect and guide us through 4440 words. Leave alone the provision of meanings, word-familiarization in itself will make one to come into contact with the richness of the Sinhala language. A mini-encyclopedia Those who master it - duly performing the exercises provided with each of the 74 lessons, will soon begin to show a marked improvement in their ability to say precisely and lucidly what they mean and also what they read. Pada Nena Vinisa also shows uniqueness as it contains an admixture - a blend of words appearing in our classical literature, and also in our current usage. The Sinhala words for Geophilus. Specification, Propeller, Hydrogen, Concave, Paramour, Transformer, Slander, Meadow, Royalty, Fossil, Catechist and Mother-board show that it is enriched with words of a wide spectrum of subjects. In this context it serves as a mini-encyclopedia as well. ###### A lost medieval kingdom of the Lion King Rise and fall of medieval kingdom of Sitawaka The author Gamini de S.G. Punchihewa domiciled in Embilipitiya for over thirty years, has been a freelance journalist to the Sri Lanka national newspapers, wild life and tourist magazines for nearly forty years. His subjects of writing, have been on Veddas, Purana people, Dr. R.L. Spittel's Vedda characters mentioned in his books, their traditions, cultures, folklore, legends folk songs, fauna-flora and places of tourist, historical, cultural values. He is also the author of four books, which he has printed out of his a vast collection of his published articles in the English newspapers running into also over three and half decades. This book is his fifth publication, also a compendium of his published articles in English newspapers, 'The Island' 'The Sunday Island' of the Upali Newspapers Ltd, Colombo. This book deals with the rise and fall of the medieval kingdom of Sitawaka and the life and times of kings, Mayadunne, and his son Rajasingha, I, together with stories of legend, history, and oral traditions connected with the archaeological and the cultural sites. While in retirement at Embilipitiya, he still continues his freelance writing career on his choicest subjects to the local English Newspapers and wild life magazines. |
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