https://ir.kdu.ac.lk/handle/345/5058 2026-04-06T11:52:27Z 2026-04-06T11:52:27Z Vithanage, AP https://ir.kdu.ac.lk/handle/345/5085 2023-04-26T11:04:34Z 2021-01-01T00:00:00Z

Legal Spotlight for Resilience of COVID-19: Public Nuisance in Workplaces Vithanage, AP The COVID-19 pandemic has already created reflective dreadful effects in each country diversely. Governments have taken strict measures to lessen the shocking consequences of the outbreak and with the intention of combating the deadly virus. Accordingly, litigations which relate with workplaces not complying with COVID-19 health guidelines have been increased as exposure of employees as well as their family members to the virus may fence in employers liable for their infection. The modern notion of the public nuisance cause of action is addressed in these lawsuits, and it has become a trend. Hence, this research follows a doctrinal methodology, which intends to study whether and to what extent new-fangled appearance of public nuisance is applied in the scenario of COVID-19 pandemic, and it discusses optimistic and pessimistic outcomes of such applications as well as the defences. The article concludes by having positioned the workplace policies and practices implemented and enforced in the prevailing legal framework that meet the recommended health guidelines and various existing defences to the focal theory, which can help to set aside public nuisance claims.

2021-01-01T00:00:00Z Chandrasiri, HLNS https://ir.kdu.ac.lk/handle/345/5084 2023-04-26T11:18:27Z 2021-01-01T00:00:00Z

A Comparative Analysis of Medical Negligence Compensation in Sri Lanka for the Protection of Patients Chandrasiri, HLNS Sri Lanka provides free health service to all the persons in the country through establishing and maintaining nearly five hundred government hospitals in every province and district. Sri Lanka scored 76th place in World Health Organization statistics with higher regional life expectancy and lower maternal and infant death rate. This study analyzed the level of duty of care maintained by the trained medical staffs in Sri Lanka, in order to secure the betterment of the patients. The situations had reported where mistakes and errors of medical professionals’ duties lead to physical, mental injuries or even a death of their patient. But, in practical a handful of medical negligence litigations are hardly to find out. In this research journey, both primary and secondary medico-legal sources were attracted to follow the qualitative research method. Finally, the study analysed the success stories of consumer protection, insurances, and strict liability in other jurisdictions with comparative jurisdictions.

2021-01-01T00:00:00Z Bandaranayake, BMP https://ir.kdu.ac.lk/handle/345/5083 2023-04-26T11:39:13Z 2021-01-01T00:00:00Z

Child-Friendly Justice and the Best Interest of the Child: A Comparative Analysis of Sri Lanka, India, and International Standards Bandaranayake, BMP A child is generally regarded as a person below the age of eighteen years. Even though some diversions can be found from this general concept in special instances, it is an undoubtedly accepted principle that the best interest of the child is the paramount consideration in any disputed situation. This concept shall be regarded as the fundamental ground of a child-friendly justice system. This system intends to ensure a child to special treatment in a manner consistent with the child’s sense of dignity and worth and which reinforces the child’s respect for human rights and fundamental freedoms of others and seeks to guarantee the respect and the effective implementation of all children’s rights. After a comprehensive studyof the existing juvenile justice systems in Sri Lanka and India, it was discovered that Sri Lanka requires more measures to eliminate the practical difficulties a child faces during a court proceeding and to ensure the best interest of the child in a child-friendly juvenile justice system.

2021-01-01T00:00:00Z Kularathna, DPDN Hansitha, SASP https://ir.kdu.ac.lk/handle/345/5082 2023-04-26T11:05:51Z 2021-01-01T00:00:00Z

A Comparative Literature Review of the Contribution of Transgender Rights in the Legal Context of India and Sri Lanka Kularathna, DPDN; Hansitha, SASP Discrimination against any condition that a person acquires on their birth goes beyond the criteria of equality. The society has long created different social conditions for these two parties based on gender difference that has been biologically available to both men and women. Transgender people have identities different from the gender that corresponds to the sex organs determined at birth. The study is based on evaluating the level of contribution to establishing transgender social rights within legal systems of India and Sri Lanka. In comparison, transgender people have a stronger historical presence in India than in Sri Lanka. It is observed that the international legal context of transgender rights makes a positive contribution to gender orientation and gender identity. The legitimacy of American realism, sociological and natural law schools can also emphasize the legitimacy of securing transitional social rights. Accordingly, the statutory authorities and the Sri Lanka community should contribute to the expeditious preparation of legal provisions to develop transgender social rights while upholding the Indian legal position.

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