Despite Sri Lanka’s constitutional commitments and its ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the Hulftsdorp Court Complex, a key judicial hub in Sri Lanka, lacks essential accessibility features such as ramps and elevators. It has also notably fallen into a state of severe disrepair, compelling urgent repair work and relocation of Supreme Court operations.
Against this backdrop, the Disability Organisations Joint Front (DOJF) has called for immediate action to address the inaccessibility and poor condition of the Hulftsdorp Court Complex, with DOJF President Rasanjali Pathirage emphasising the pressing need for equitable access and safety for all citizens, including persons with disabilities.
The Hulftsdorp Court Complex in Colombo has long stood as a symbol of the country’s legal heritage, a historic landmark dating back to 1805. For over two centuries, its colonial-era buildings have housed the nation’s most important courts, including the Magistrate Courts, District Courts, High Courts, and the Supreme Court.
Yet, when one steps inside the complex today, it is impossible to ignore the signs of neglect. The once-grand structure now stands in a state of severe disrepair, with parts of the building having far exceeded their expected lifespan.
Years of patchwork repairs and quick fixes to prevent further damage have done little to restore the complex to its former glory. The atmosphere inside is heavy and oppressive, the air thick with dust, the once-imposing walls now sagging under the weight of time. The halls and roofs, once symbols of judicial authority, now show visible cracks, and the dark, cloudy ambience exudes an unmistakable sense of decay.
This ageing landmark, a cornerstone of Sri Lanka’s legal system, mirrors the larger crisis in the country’s judicial infrastructure, highlighting the urgent need for proper restoration and modernisation.
With the current situation of dilapidation, efforts to repair the Supreme Court complex have compelled the court’s functions to move from the existing court complex to the newly built Magistrate’s Court tower of the ongoing ‘Adhikarana Piyasa’ (House of Justice) project.
The operations of the Supreme Court will hence resume on 6 January 2025 at the new premises, while the operations of the Court of Appeal will continue where it is currently located within the Supreme Court compound.
A historic complex in decline
The current state of the Hulftsdorp Court Complex is emblematic of neglect and underfunding. Reports from as early as 2018 highlighted the dangerous condition of Court No.9 in the District Court, where falling debris and inadequate facilities posed risks to both legal professionals and litigants.
The colonial-era buildings, while architecturally significant, have not received the necessary upkeep to maintain their structural integrity. Water leakage, cracked walls, and unstable ceilings are common issues, making it clear that comprehensive renovation is overdue. In 2020, a fire broke out, requiring immense effort to douse it, exacerbating the need for further refurbishment.
The Covid-19 pandemic and the subsequent economic crisis have further exacerbated these challenges, delaying planned renovations and maintenance work.
Ministry of Justice Secretary Ayesha Jinasena, PC acknowledged the gravity of the situation, emphasising the impact of limited resources.
“There are several projects underway, but challenges like Covid-19 and the economic crisis have constrained our progress. We aim to ensure that new buildings are legally compliant, but repair and maintenance of older structures will have to wait until we have sufficient funds,” she said.
The poor state of the court buildings not only affects the efficiency of judicial processes but also poses significant environmental hazards. Improper drainage systems have led to waterlogging in certain areas, increasing the risk of mould and structural decay, according to an Attorney-at-Law who wished to remain anonymous.
Electrical systems, in many cases, are outdated and potentially hazardous, raising concerns about fire safety. The lack of proper ventilation and lighting in some courtrooms adds to the discomfort faced by judges, lawyers, and litigants alike, according to the lawyer.
Non-compliance with disability convention
Another pressing issue is the lack of compliance with the United Nations CRPD, to which Sri Lanka is a signatory. The Hulftsdorp Court Complex is largely inaccessible to individuals with disabilities. Basic facilities such as ramps and elevators remain entirely absent in most parts of the complex, and restrooms utilised by lawyers and litigants remain in a state of severe disrepair.
Pathirage highlighted two landmark orders issued by the Supreme Court that reinforce the importance of accessibility for persons with disabilities. Firstly, with the SCFR 221/2009, the Supreme Court ruled that persons with physical disabilities must be granted reasonable access to all public buildings constructed in the future, underscoring the obligation of authorities to adhere to accessibility standards.
Secondly, with SCFR 273/2018, the court reiterated the importance of implementing reasonable accommodations in existing and new public facilities, further solidifying the right of persons with disabilities to participate fully in public life.
Jinasena highlighted the Government’s attempts to address these shortcomings through ongoing projects. “For the new buildings, we are focusing on legal compliance by including ramps and braille features to assist individuals with disabilities,” she explained.
However, she also noted the constraints posed by the limited budget. “Installing ramps often leads to requests for other repair work, but we lack sufficient budget allocations. For now, we are focusing on ensuring legal compliance in new constructions.”
“These are architectural heritage sites and require proper maintenance, but the ministry currently languishes with inadequate funds to enable the necessary repair work,” she explained.
The lack of accessibility in the existing structures not only violates international commitments but also alienates a significant portion of the population, specifically those with disabilities and the aged, from accessing justice. The judicial system, as a cornerstone of democracy, must be inclusive and equitable. Addressing these accessibility issues is not just a matter of compliance but also one of justice and fairness.
Pathirage described the failure to implement these rulings as an affront to justice and equality. “Accessibility is a fundamental human right, integral to the principles of democracy and rule of law,” she said.
Beyond accessibility issues, the general state of disrepair at the Hulftsdorp Court Complex poses safety risks to court staff, litigants, and visitors. Broken infrastructure and outdated facilities undermine the dignity and functionality of this critical institution.
It must be noted however that the Ministry of Justice has undertaken initiatives to modernise the country’s judicial infrastructure, with the centrepiece being the ambitious House of Justice project. This multi-stage development aims to address long-standing infrastructure gaps and bring Sri Lanka’s judicial facilities into the 21st century.
House of Justice Project
The House of Justice project, a brainchild of former Minister of Justice Ali Sabry, is designed to construct four state-of-the-art buildings: the Magistrate Courts, District Courts, High Courts, and the Ministry of Justice tower. Divided into two phases, the project includes a modern 14-storey structure to house the Magistrate Courts and other critical facilities.
According to Sabry, substantial groundwork has already been laid. “For two towers, the foundation and piling were completed. Unfortunately, the financial crisis in 2022 stalled further progress,” Sabry stated.
The project aims to accommodate the burgeoning caseload and ensure that legal professionals and litigants can operate in a more efficient and comfortable environment. The former Minister claimed that the Ministry of Justice had been allocated a sum of Rs. 20 billion through the 2020/’21 Budget for this project, but that the funds had to be reallocated to address the more urgent woes of the country.
Jinasena said that the ministry had requested from the Treasury a sum of Rs. 1.5 billion for the continuation of the House of Justice project through its Budget proposal for 2025. This sum is expected to be utilised for further improvements to the Magistrate’s Court tower and further development of the Ministry of Justice tower.
“The sum is not adequate, and as negotiation on the budget continues, we are not certain if we will be allocated the requested amount to continue the projects. However, this is the amount we have requested and we hope it will be approved. It is imperative for the smooth continuity of judicial functions,” Jinasena said.
The Supreme Court compound, which is nearly 45 years old according to incumbent President of the Bar Association of Sri Lanka Anura Meddegoda, PC, is also part of the refurbishment initiative. With funding from China, the building is undergoing extensive repairs, including structural reinforcements and modernisation.
Meddegoda emphasised the importance of this effort: “The Supreme Court was initially designed to cater to a much smaller number of lawyers and cases. At the time, there was only half the number of lawyers and litigants we have today. The refurbishment will not only address structural issues but also expand capacity.”
Challenges in execution
While the vision for the House of Justice is ambitious, the path to its completion is fraught with challenges. The economic crisis has severely constrained the Government’s ability to allocate funds.
Jinasena highlighted the reliance on external support: “The Treasury needs to release the necessary funds to proceed with construction. Without financial backing, even the most well-laid plans remain on paper.”
The delays have also raised concerns about cost escalations. Construction costs have risen due to inflation and supply chain disruptions, making it increasingly difficult to adhere to the original budget.
Sabry noted: “The budget allocated in 2021 was the largest for the Judiciary, but we had to halt many initiatives due to the economic downturn. The progress of the project under the new Government is very important to resolve many of the issues faced by the Judiciary.”
Despite the financial hurdles, the Ministry of Justice has made progress in some areas. The Magistrate Court tower’s first six floors are nearing completion, and plans are in place to construct ramps and braille features to ensure accessibility. Existing facilities are also being retrofitted to the extent possible within the limited budget.
Need for reform
Looking ahead, the success of Sri Lanka’s judicial modernisation depends on sustained financial investment and strategic planning, as emphasised by Sabry and Jinasena.
International partnerships, like the one with China for the Supreme Court refurbishment, may serve as a model for securing additional funding. However, these efforts must be balanced with transparency and accountability to ensure resources are used effectively.
Moreover, the Government must prioritise compliance with international standards, particularly regarding accessibility. While new buildings may include ramps and other features, retrofitting older structures remains a critical challenge. Comprehensive audits of existing facilities could help identify and address gaps more systematically.
The Hulftsdorp Court Complex’s current state underscores the urgent need for investment in judicial infrastructure. While initiatives like the House of Justice project represent a step in the right direction, significant challenges remain with escalating costs and lack of adequate allocation of funds to complete the project. Addressing these issues will require not only financial resources but also a commitment to inclusivity, sustainability, and transparency.
For Sri Lanka’s Judiciary to serve its role effectively, it must be housed in facilities that reflect its importance to society. Ensuring safe, accessible, and modern court structures is not just a matter of infrastructure but a fundamental aspect of upholding justice and the rule of law.
The DOJF has urged authorities to prioritise the construction of accessible facilities and undertake comprehensive renovations.
“We are prepared to provide technical support to ensure compliance with accessibility standards,” Pathirage said.
Addressing these challenges is essential to create an inclusive and equitable judicial system. Advocates stress that ensuring safety and accessibility at court premises is not only a legal obligation but also a reflection of Sri Lanka’s commitment to upholding human rights.
The House of Justice project promised to resolve the issues of accessibility of justice and convenience of judicial functions. While it may resolve a large portion of the problems once completed, existing structures must be made legally compliant and safe from potential hazards, since a judicial compound lacking legal compliance could otherwise be viewed as an irony.