ICH 2016
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Item Taking Environment with Development: ‘Gross National Happiness’ as a model(Faculty of Humanities, University of Kelaniya, Sri Lanka, 2016) Mohapatra, A.K.Pursuing development at the cost of environment has been a practice invariably followed by all states across the world. Per capita ‘Gross National Product’ has been seen as the yardstick of such development. Bhutan stands as an exception to this trend. The tiny Himalayan country offers a different model of development which is envisaged as sustainable and environmentally conducive. It attaches great importance to individual happiness than material possession and prosperity. Accordingly, ‘Gross National Happiness’ is regarded as its parameter to judge its development. Environment has been given utmost importance in this scheme of development. In order to translate the philosophy into real life of Bhutanese, the GNH Commission has developed the conceptual tools called four pillars and nine domains. Conservation of the Environment is the first pillar and ecological diversity is one of the important domains. Bhutan thus recognizes the central role environment factors play in human development. Article 5 of the Constitution of Bhutan urges every Bhutanese citizen to contribute to the protection of its natural environment, conservation of its rich biodiversity and prevention of all forms of ecological degradation. Of course, in respecting the environment, religion has been a factor in Bhutan. The Commission puts to test all proposals for developmental legislation or any developmental projects in tune of these pillars and domains. In order to become a policy each proposal must pass that GNH test so that it could ensure maximum good than do harm to society. It is like Jeremy Bentham’s ‘Felicific Calculus’ to judge the goodness of a decision that would produce more pleasure than pain. GNH thus aims at the holistic development of Bhutan which is inclusive and sustainable. Against this background, this paper wishes to look into the new development philosophy for its greater understanding and its applicability to other states too.Item Freedom of religion in Sri Lanka with special reference to international human rights standards(Faculty of Humanities, University of Kelaniya, Sri Lanka, 2016) Gamalath, H.Sri Lanka is a multi-ethnic, multi-religious society. Article 9 of the 1978 Constitution of Sri Lanka, provided a foremost place in Buddhism and it has given the duty to protect and foster the Buddha Sasana in the country. However, freedom of religion guaranteed as a Fundamental right in Chapter III of the constitution. International Human Rights law plays a vital role in developing standards for the freedom of religion that recognized in various international and regional conventions or Declarations. The aim of this research paper is to examine the international human rights standards towards the freedom of religion and its applicability of the constitutional level in Sri Lanka and further it examine the link between Human Rights and secularism. As a doctrinal in nature, the topic is exclusionary doctrinal and therefore no specific methodology except collection material from primary sources (any statutes, case law, any official reports of Law Commissions, any government documents, assembly debts, etc.….) As well as secondary sources visa – various books, articles, researches, papers, magazines, newspapers and a lie are scanned and utilized and relevant place for this topic. For this objective, this assay is based on a Sri Lankan constitution and secularism. It’s intended to find out answers, how the state e is responsible for social order and cooperative coexistence among social groups, critical discussion of the possibility of explicitly introducing a provision on ‘secularism’ into a proposed new Sri Lankan Constitution or amendments of the Sri Lankan Constitution and its limitations.Item A legal analysis of forest offences in Sri Lanka with special reference to Wilpattu National Park(Faculty of Humanities, University of Kelaniya, Sri Lanka, 2016) Jayakody, J.A.D.Forest refers to all wild fauna and flora, including animals, birds and fish, as well as timber and non-timber forest products. Forest offences refer to the taking, trading (supplying, selling or trafficking), importing, exporting, processing, possessing, obtaining, destroying and consumption of wild fauna and flora. The basic components of forest governance are attributed to laws, rules regulations and policy approaches which regulate forest management to protect environmental and other forest values especially in a period such as environmental and natural resource offences have significant adverse effects on ecosystems, livelihoods, and the global economy. Wilpttu National park is among the oldest and most important of protected areas in Sri Lanka. It also contains a number of important cultural sites. Mammalian diversity and ecological densities are highest in in the interfaces between forest, scrub and grasslands converge in Wilpattu and drainage systems in the center of the park. Such significant forests or national parks suffered greatly when around 2,500 acres of lush green forests and 50 to 60 years old were illegally cut down to make residence for displaced people. The implemented law of Sri Lanka for conservation of forest is Forest Ordinance No.16 of 1907 and its amendments. In this Ordinance, section 78 interprets the term of “forest offence” in Sri Lanka. According to the interpretation every offence under the forest ordinance cannot be considered as a forest crime and only punishable offences under the ordinance can be found as forest crime or forest offence. The objectives of this study are, therefore, to critically evaluate and provide a legal analysis of the existing laws to prevent forest offences and practical difficulties of ensuring the rights of people, flora and fauna and finally to provide recommendations. This research is a qualitative legal research with the purpose of assessing the impacts to prevent forest offences. A mixed approach is used by analyzing case studies. The study reveals that serious efforts are needed to identify and prevent the forest offence and to ensure the rights of people, flora and fauna. Therefore the study concludes that forest offences in Wilpattu should be stopped by using existing international and domestic laws and that pragmatic and perspective procedural strategies should be enforced, along with rules and regulations for conservation of forests.Item Why do people tend to break the law in a system of democratic governance? In search of a public relations law and ethics in Sri Lanka(Faculty of Humanities, University of Kelaniya, Sri Lanka, 2016) Jinadasa, M.When it comes to the golden age of public relations in the early mid-twentieth century in Europe, public relations consultants and institutions needed to incorporate a system of ethics to protect the human standards from the extreme use of sensational and personal matters in the media and communication. A system of media law referring to the discipline of public relations was later developed when ethics were insufficient to regulate the public relations campaign not damaging the existing social and cultural policy of the society. However, when it comes to the modern society of democratic governance, it is challenging to protect and conduct law and ethics leading to the professional standards of the practices of public relations in most capitalistic societies. Hence, the objective of this study is to explore the problems encountered in the violation of public relations law and ethics in the Sri Lankan context of democratic capitalism. This research was conducted using qualitative methods of case studies, participatory observations and textual and discourse analyses. Ten commercial advertisements produced in the Sri Lankan local media were critically analyzed using textual analysis and participatory observations leading to selected ten case studies on the advertisements. In-depth interviews were also utilized to explore these cases. Two years, from January 2013 to January 2015 was the time-frame. Data were critically and descriptively analyzed. Based on the research, this study makes the following conclusions. Protecting and conducting law and ethics in mostly a consumerist society in the capital economy could be relatively difficult, when the difference between marketing and public relations could not be properly identified. This has been mostly due to the lack of two aspects. One is the absence of a proper teaching and learning system that makes the difference between the use of marketing and the use of public relations, while public relations has also been taught at the marketing courses. And also the second aspect is insufficiency of the media literacy in the media society where there is a rapid expansion in the channels of media in Sri Lanka. Moreover, objectives of media owners are also shaped by the limited purposes of marketing and financial benefits, so that the violation of law is challengeable, when it is difficult to conduct the basic ethics in broadcasting advertisements in the local channels. Moreover, violation of law has been justified by the morals and dignity of the local politicians, in the use of media at the period of elections and their political dialogues. In a more micro level analysis, violation of ethics is the fact that affects the emergence of the insecurity of the law in the modern consumer society of the democratic capitalism. However, this study assumes the necessity of a productive teaching and learning system of morals and ethics that deeply emphasizes the relevance and significance of the conscience so that anyone can respond to others, when he/she able to account him/her.Item The importance of patent regime for the protection of the rights of traditional knowledge keepers in Sri Lanka(Faculty of Humanities, University of Kelaniya, Sri Lanka, 2016) Jayawardena, D.S.R.At present, most of the people believe that the valuing and applying of traditional knowledge developed by indigenous people may give vital importance for moving towards the preservation of the global environment and the bio-diversity. Furthermore, it could bring a valuable insight for the development of multiple sectors including health and agriculture. However, discussion on the above topic could not be completed without recourse to the patent law regime, which significantly changed its direction after the evolution of the TRIPS agreement that aims to regulate all type of knowledge under the existing international intellectual property system. Sri Lanka enriches with various forms of indigenous knowledge relating to many areas including agriculture, indigenous medicinal and health care technology and the technology relating to eco-friendly architecture and construction methods. However, even the existing patent law governed under the intellectual property act protects the rights of the inventors as well as the investors, it does not provide an adequate protection for the indigenous people who improve and develop traditional knowledge from generation to generation. Therefore, it is necessary to introduce an appropriate legal framework under the existing Sri Lankan patent law regime to provide an adequate protection to the knowledge developed by Sri Lankan indigenous community in order to give protection to their intellectual property rights. Therefore, whether the existing patent law regime is adequate enough to protect the rights of the indigenous knowledge holders in Sri Lanka? Or, whether is it needed for sui generis legal framework to provide a necessary safeguard for this group of people? This is the main research problem. The research will be a combination of the quantitative and qualitative research methods and the qualitative part will be based on the use of the primary and secondary sources including legal instruments and text books and scholarly articles. Moreover, interviews with the indigenous knowledge holders and legal professionals will be conducted quantitatively to enhance the credibility of the research findings.Item The issues faced in promoting Ritigala as an eco-tourist destination in Sri Lanka(Faculty of Humanities, University of Kelaniya, Sri Lanka, 2016) Senarathna, C.Ritigala is a nature reserve in Anuradhapura having various significant values and it boasts of archaeological and ecological uniqueness. It is a also a very popular destination for unbelievable climate patterns. The research problem was how to attract responsible domestic and foreign travelers to Ritigala. Moreover, the major objective was to identify more and more nature based activities to create a well-attracted eco-product to satisfy the tourist. And the other objectives were to recognize the deficits and issues encountered by the visitors at the site. Research was based on both primary sources including filed observations, interviews and structured questioners and secondary sources such as reports, magazines and websites. The site and its periphery were explored and also the visitor related facilities were observed to identify the current situation of the site. The sample consisted of 30 domestic visitors and 20 foreign visitors who were randomly selected at the site during weekends. Visitors were interviewed with structured questionnaires to identify their perception, knowledge and comments regarding the site. Domestic visitors are attracted to the site more than foreign visitors. Most of the foreigners are from China and the other major markets are German, Thailand and UK. Most of the nature related activities cannot be seen at the site and it should be improved furthermore. Bird watching, photography, trekking, hiking, nature trails, carting, camping and tree home can be introduced to visitors to enjoy its nature based values. Most of the domestic visitors are not entirely aware of the archaeological values of the site and they are still not provided proper guidance within the site. Visitor related services and infrastructure facilities also are not at a satisfactory level. Information knowledge on the site and its values are not being updated accurately. There should be a proper site management plan, as this is a place which encompasses both archaeological and ecological values. Visitors should be given an opportunity to examine the site with accurate and updated information which should be provided at the site by the Department of Archaeology, travel and tourism related companies, and the community in the area.Item Promoting Cave Tourism in Sri Lanka(Faculty of Humanities, University of Kelaniya, Sri Lanka, 2016) Rathnayake, S.Cave tourism is an environmental based tourism product. It means exploring natural caves and tunnels. It is also known as spelunking in the United States and Canada and potholing in the United Kingdom. Speleology is the scientific study of caves and the cave environment. Cave tourism can be named as a part of sport and adventure tourism. There are many caves in Sri Lanka which have pre-historical and natural values. Pahiyangala, Batadombalena, Belilena, Waulpane, Rawana Ella are some examples. Though there are many caves in Sri Lanka, promoting these caves for tourism is at a very low level. But many countries such as Australia, Vietnam, Malaysia, and Indonesia, promote cave tourism for tourist industry. The main objective of this study was to identify the potential for promoting cave tourism in Sri Lanka. Research was based on both primary sources including interviews while secondary sources included web sites, books and those qualitative data were analyzed to arrive at the conclusions. Inclusion of cave tourism for tour packages of travel agencies, developing hotel promotions of caving, government and private sector involvement, raising awareness of heritage managers, developing visitor related facilities and introducing proper management plan are the recommendations for promoting cave tourism in Sri Lanka in future.Item The Internet as an accessible source of knowledge with special reference to undergraduates of the University of Kelaniya(Faculty of Humanities, University of Kelaniya, Sri Lanka, 2016) de Zoysa, H.N.The invention and development of the internet were the biggest discovery by mankind in the 20th century. Today, the internet is used by more than 50% of the world population. Its applications are found in every field, be it communication, knowledge, news, shopping, marketing, entertainment, education, etc. With the advancement of the use of the internet, it has become essential for undergraduates to utilize technology in a variety of ways. But the problem is, are they using the internet in their education successfully? The main objective of this research is to determine the advantages and disadvantages of using the internet in education. Fifty students were randomly taken as the sample of this study. Both primary and secondary data capturing and fact finding methods such as questionnaires were referred to as primary data and books, journals, and relevant online resources were used as secondary data. Data analysis has been done by using the descriptive method. The findings reveal that today, many students are using the internet to do research and complete their assignments. Since the internet is full of information, most students use both correct and incorrect data in their education. In fact, there are now even online programs and courses available, which students can easily access to study. This will help them to make their education successfully. But it is important to avid the incorrect data and use only correct information.Item DSPACE computer software utilization in Sri Lanka(Faculty of Humanities, University of Kelaniya, Sri Lanka, 2016) Senanayake, S.M.T.N.DSPACE software is a category in open source software. This software is specially practiced towards to create an automatic library. Furthermore this software is practical in an internal library. This software practices help the efficiency of library work. This software is not a commercial software and everyone uses DSPACE software by logging in to Internet. It makes library work easy. This digitalization software practices can be used to preserve ancient knowledge. This knowledge is a very important to library work. One of the main solutions offered by this software is to improve library service. Hence the main purpose of this project s to examine the use of DSPACE software practices in a library in Sri Lanka. The study also attempts to discover this software’s weaknesses. This research is conducted at the sub library of University of Kelaniya, the Palm Leaf Manuscripts Study & Research Library. This library practices DSPACE software. This research aims to develop an automated library system with low cost and high library service.Item Usage of Computer Assisted Learning (CAL) with special attention to the Faculty of Humanities, University of Kelaniya(Faculty of Humanities, University of Kelaniya, Sri Lanka, 2016) Madusanka, A.At present utilizing computer in teaching is gradually expanding globally and the computer is used as an accessorial media in education and training. “Sri Lanka Qualification Framework (SLQF)” which was created by the University Grants Commission introduced a new grading system where 5th and 6th places were given to Bachelor’s degree and honors degree respectively. In achieving respective grades, an undergraduate fulfills 1500 notional learning hours per academic year. Some amount of total hours is allocated for the Computer Assisted Learning (CAL). Accordingly, providing educational aids, preparing assessments, their implementations and directions take place through self-studying opportunities of CAL. The objective of the study was to examine how the lecturers use CAL to enhance their undergraduate’s academic purposes and to ascertain the problems encountered in the process of searching their relevant subject information in it. Data gathered through CAL data base as well as direct interviews with lecturers in the eight departments was used in the study. The data analysis revealed only 57% from Department of Hindi, 17% from Department of Western Classical & Christian Culture, 13% from Department of English, 10% from Department of Fine Arts, 3% from Department of Sanskrit, 1% from Department of Modern languages, 0% from Department of Linguistics, Department of Pali & Buddhist Studies and Department of Sinhala contributed to the CAL. According to the interviews that the main cause for this is a lack of workshops regarding the CAL maintenance in each and every year. Without prior knowledge of CAL, permanent academic staff and the temporary academic members who are appointed in every year do not have sufficient knowledge to add proper teaching aids and giving assignments to their students appropriately. Due to the technical difficulties, most of the permanent academic members use their own traditional ways of teaching. In order to fill these discrepancies, CAL training sessions and workshops for lecturers of every academic department can be suggested.