Justice Ministry to amend Thesawalame law

By Lakmal Sooriyagoda (Daily Mirror)
Ministry of Justice and Law Reform has taken measures to amend the Thesawalame law with necessary changes in line with the present requirements. The Ministry has appointed a committee headed by Justice Siri Pawan to look into the new provisions of the Thesawalame law. The Media Secretary to the ministry of Justice and law Reform Gamini Sarath Godakanda told the Daily Mirror.

Thesawalame law is applied to inhabitants of Tamils in the Northern Province and has been subjected to many controversies. According to this law, property can be divided into three categories, such as inherited property of the man from his parents; inherited property of the wife from her parents and the acquired property of the man and wife during their lifetime together.

According to this law, daughters inherit the property of the mother and sons inherit the property of the father. The acquired property is divided equally among the sons and daughters.

Critics say that some provisions of the Thesawalame law have not been able to evolve with time and social changes in society.

The Media Secretary said that the recommendations of the committee into the amendment of Thesawalame law had not still been received. He further said that Ministry had also appointed a committee to replace the archaic Prisons Ordinance and to introduce a new act to suit the present requirement. It is aimed at rehabilitating prisoners and to bring a more efficient prison administration structure.

Thesawalame is a territorial customary law of Sri Lanka. Thesawalame, in Tamil literally mean the customs of the land. It is ancient in its origin and has prevailed in Northern Sri Lanka.

Because of its popularity among local inhabitants, the Dutch first codified it in 1706 and the British gave it legal validity by the Thesawalame Regulation No 18 of 1806, Ordinance No 5 of 1869 and the Matrimonial Rights and Inheritance Ordinance of 1911.

The Thesawalame Pre-emption Ordinance of 1948 amended and consolidated the law of Pre-emption relating to the lands affected by the Thesawalame.

This is widely spoken for its recognition to the necessity of women’s ownership to land property for the security of their future.

Thesawalame is still a customary among a good proportion of the Jaffna Tamils.

 Fact box

    * Thesawalame is a territorial customary law of Sri Lanka.
    * Thesawalame, in Tamil literally mean the customs of the land. It is ancient in its origin and has prevailed in Northern Sri Lanka
    * The Dutch first codified it in 1706 and the British gave it legal validity by the Thesawalame Regulation No 18 of 1806, Ordinance No 5 of 1869 and the Matrimonial Rights and Inheritance Ordinance of 1911.
    * The Thesawalame Pre-emption Ordinance of 1948 amended and consolidated the law of Pre-emption relating to the lands affected by the Thesawalame.

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