Supreme Court says State recognises family as the basic unit of Society
By S.S.Selvanayagam
When the rights petition seeking the reuniting of family members who are detained in separate camps for Internally Displaced Persons (IDPs) was taken up yesterday the Supreme Court referred to Article 27(12) of the Constitution noting that the State recognised the family unit.
The Bench comprised Justices Shirani A. Bandaranayake, K. Sripavan and P.A.Ratnayake.
The said Article reads as follows: The State shall recognize and protect the family as the basic unit of society. Senior State Counsel Riyaz Hamza appearing for the State move for time to obtain instructions. Saliya Peiris instructed by Gowry Shangary Thavarasha appeared for the aggrieved IDPs. The matter was fixed for support on June 24.
The petition has been filed by Attorney-at-Law Gowry Shangary Thavarasha herself on behalf of five Internally Displaced Persons (IDPs) being held at IDP Camps at Kodikamam and Vavuniya.
The aggrieved IDPs are Manikkarajah Sivapakiam and Sopika Surendranathan being held at Kodikamam IDP camp and Jeyarani Surendranathan, Ponnusamy Surendranathan and Nesana Surendranathan being held at Vavuniya IDP camp.
The fundamental rights violation matter was instituted on the instruction of Attorney-at-Law Ms. Annapakiyam Sithamparapillai who is a relative of the said IDPs.
Pattanchipuliyankulam Grama Niladhari, Vavuniya Divisional Secretary, Vavuniya Government Agent/District Secretary Mrs. Charles, Vavuniya, Saivaparagasa Welfare Centre Grama Niladhari, Wanni Army Commander, Commander (IDP coordinator in Vavuniya), Chavakachcheri Divisional Secretary, Jaffna Government Agent/District Secretary, Jaffna Army Commander, the IGP and the Attorney General were cited as respondents.
The petition states that the detainees had been displaced from Puliyampokkanai to Vishvamadu since last December due to the armed confrontation between the Government security forces and the LTTE.
Sivapakiam is 68 years of age while Jeyarani is a public servant working at the Kilinochchi Zonal Education Office. Surendranathan who is the son-in-law of Manikkarajah and the husband of Jeyarani is serving with the Paranthan MPCS., Sopika and Nesana are the minor daughter and son (aged 13 years and 10 years respectively) of Jeyarani and Surendranath.
The detainees (who are members of the same family i.e. grandmother, mother, father and two children respectively along with Kathirkamu Manikkarajah, the husband of the 1st detainee and Kishore Surendranathan (another grandson who subsequently died) were displaced from their native place of Puliyampokkanai to Vishvamadu since last December due to the armed confrontation between the Government forces and the LTTE.
The family thereafter was displaced from Vishvamadu to Udaiyarkady and thereafter to Suthanthirapuram Kanapathy Temple camp as Internally Displaced Persons.
The petition states that in the course of mortar shelling, the whole family fled for safety and was displaced again and separated on or about January 10, 2009. They fled towards the Putumattalan area and to Vishvamadu.
The petitioner states that the 2nd, 3rd and 5th detainees were thereafter brought by the Sri Lanka Army personnel to the Saivaprakasa Vidyalaya IDP camp.
The petition asked the Court to direct the respondents to release the detainees forthwith and to take appropriate steps to hand them over to the custody of their relatives.
Kathirkamu Manikkarajah, Sopika and Kishore Surenderanathan were staying in a temporary shelter at Putumattalan and they registered their names with the Red Cross seeking to travel to Vavuniya. The petitioner states that since Kathirkamu Manikkarajah was a kidney patient he was permitted by the security forces to leave Putumattalan by sea, with the aid of the ICRC, and was taken to the Chettikulam Camp.
Manikkarajah Sivapakiam and the two grandchildren with her and Kishore Surendranathan were in a bunker at Putumattalan on April 9, 2009, when there was heavy mortar shelling and all three had sustained injuries. Kishore aged 12 later succumbed to his injuries. The petition states that Sopika who is 13 years of age is still ailing with the injuries and is said to be in immense pain.
The petition states an application was made on their behalf to the Jaffna GA seeking their release from the camp in order to travel to Vavuniya where Manikkarajah Sivapakiam has a house at Veppamkulam.
The petition states that the application had been made especially since medical treatment was required for Sophia but the authorities granted permission to the 68 year old grandmother to leave the camp but permission was refused Sophia who is just 13 years old.
The petition states that since Sophia was not permitted to leave, the grandmother too continues to stay in the camp as she could not leave her injured granddaughter alone especially since this young girl has been severely traumatized over the death of her younger brother.
Kathirkamu Manikkarajah the 70 year old husband of Manikkarajah Sivapakiam had been allowed to leave the Chettikulam IDP camp and is now living in his sister-in-law’s house at Veppamkulam.
The petition states that Jeyarani Surendranathan who is 45 years of age and her husband Ponnusamy Surendranathan aged 50 who is a Management Assistant at Paranthan MPCS and their youngest daughter Nesana Surendranathan aged 10 also made an application to the District Secretary/Government Agent, Vavuniya, the Army Coordinating Officer of the Internally Displaced Persons, Vavuniya Divisional Secretary and Grama Niladhari of the area seeking permission to leave the camp.
DAILYMIRROR.LK
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