Paralegal /Barefoot community counselors and Mobile Clinics
14 Para legal /barefoot counselors – a local pool of resource – active in 7 districts – Kalmunai, Badulla, Batticaloa, Colombo, Trincomalee, Puttlam, Kurunegala, who handle MPL cases and other societal rights violations. The training approach being continuous mentoring of selected field based persons [from outreach areas] includes -training- field- review – documentation of cases, drawing experiences, lessons from the field – refresher- review components. These PLCs also act as community facilitators. 2 PLCs /Community facilitators also have been recognized for their work at the community level and are members of the panel of jury at the Quazi court hearings and another PLCs is supporting the Quazi judge with organizing meeting affected women. Legal Counselling services have been provided to women both in Colombo and in the districts as well as supporting/representing women in the Quazi Court and Appellate courts.
Cases and Landmark judgments
Matah – lumpsome compensation in case of unreasonable divorce by husband upon the pronouncement of Talaq although there is no provision in the MMDA.
It is in 2012 that the first time that Matah [on revision application] case was successfully handled by Mwraf and the BOQ gave the judgment that Quazis have jurisdiction on Matah. However way back in 2005, as part of the mwraf PLC training , a CBO in Puttalam took forward the issue on Matah payment with the Quazi and successfully won . It was the first time a Quazi ordered Matah. In 2014 in Kalmunai, 9 divorced women managed to get good sums as Matah.
Note – One of mwraf recommendations to the MPL reforms Committee is to give legal sanction to provide Matah for both Talaq and Fasah [divorced initiated by wife].
Claim maintenance for ‘illegitimate child’- a 21 year old woman claimed maintence for her ‘legitimate ‘child born to the putative father aged 65. In 2014 the judgement of the Court of Appeal was in favor of our case that the law is clear that maintenance can be claimed in respect of an ‘illegmitiate ‘ child in section of 47{1}(cc)of MMDA.
MWRAF took a keen interest as majority of the members of the BOQ allow putative fathers to go scot free shirking their responsibility towards these children, thrusting the burden on the mothers. So we appealed to the Court of Appeal and won.
Independent Committee on Muslim Personal Law Reforms [ICMPLR 2005-2009] – the precursor to the appointment of the Committee to look into MPL reforms in 2009.
The vision of ICMPLR – ‘working towards MPL reforms that is gender equitable and based on Quranic justice, that reflects the needs of the Muslim community through an inclusive process and wide intensive consultations. ‘ Members of the committee were drawn from the Board of Quazis, Judicial Services Commission, Learned scholars in Islamic /Shariah Law, Quazi Judges, MWRAF lawyer, MWRAF directors, Competent Researcher, Para legal counselors in the outreach areas. The ICMPLR also invited legal experts and concerned persons to be partners in the process. Justice Saleem Marsoof’s input was invaluable. The comprehensive report after a collective labourious effort with wide participation of all segments of the Muslim society was submitted to the Chairman to the Committee appointed by the Cabinet on MPL reforms by the Ministry of Justice in 2009.
