Opinion
C-19: Implications and Complications
By I. P.C. MENDIS
Covid-19 understandably has doubtlessly put the world in a flat spin, and this isle of ours is no exception. Due to the new strain of the virus, all aspects, from precaution to treatment, are on trial and error basis. The effects of some recommended vaccines are being questioned. So far, there seems to be global acceptance of precautionary measures, such as wearing of masks, social distancing and congregation. It is regrettable, to say the least, that the Sri Lankan population, by and large, has still not realised the gravity of the problem, and seem to behave rather callously in adhering strictly to the guidelines, resulting in offenders being hauled up by the law enforcement authorities for prosecution in courts.
It is indeed well and good for them to strictly enforce the law in the circumstances of general laxity and the need to control the spread of the infection. However, such measures need to be taken after careful examination and study of their implications, and the effect they would have on other relevant policy decisions, already in place, so as to ensure that they do not work at cross-purposes. The decision to prosecute offenders as aforesaid, which entails fines and/or jail terms, is supposed to be based on some antiquated Ordinance, which doubtlessly has come to our rescue in the absence of recent legislation. However, having earned much experience in its working, with the first wave of the virus, the think – tanks behind it had ample time and opportunity to compile the inputs necessary to streamline it or frame new laws/regulations, as a matter of urgency. It is indeed a pity that it has not been done so far.The result is that we have to still hang on to an antiquated Ordinance, which in its implementation seems to be a contradiction in terms with certain other areas of governance. It is regrettable and in a sense a misfortune that some of these measures could be a source of embarrassment to respected high-ups, who are themselves learned in the law, to announce such decisions to the people.
Jail Terms: Obviously, the decision to give an offender a fine, jail term or both, lies with the courts. This is, in the context where there exists a serious debate over the overcrowding of prisons, the Presidential pardons being given by the thousands, as a measure of easing such congestion, the huge backlog of court cases lying unresolved, and the recent increase in the cadre of judicial officers to ensure their speedy disposal.
In addition, the pressure already borne by the Attorney-General’s department, the time and energy already expended by the police, the involvement of witnesses and other agencies — not to speak of the immense pressure on the purse of these minor offenders — and the government necessitating, inter alia, the involvement of the black-coated fraternity; who will generally not take kindly to any simplification, as evidenced by their past selfish conduct in opposing the SLFP measure to let the Public Trustee handle a given category of plaints, and the recent opposition to the proposal to appoint lawyers as Chief Inspectors of Police!
Suggested Relief Measures: It is a forgotten factor that in the days gone by, Cadets and Class II officers of the now defunct Civil Service, were gazetted as Police Magistrates to hear given categories of plaints. It would be extremely beneficial if the government gives serious thought immediately to gazette Divisional/Additional Divisional or other officers to handle such cases, with powers to impose a stipulated fine. We have the Conciliation Boards already charged with the responsibility of trying to settle disputes (without penal powers, however) and Traffic policemen imposing spot fines. So what can be the problem? Indictment can take place if the fine is not paid or the offender contests the plaint.
The only problem can be the selfish interests of a particular section, which has to be discounted in the larger interests of the people, who are already overburdened with monetary and other compelling issues! The proposal may be achievable with a simple amendment to existing legislation or under emergency regulation.
Over to you, Your Excellency, Mr. President!
On July 19, 1989, United Airlines Flight 232 departed Denver, Colorado for Chicago, Illinois. The forecast weather was fine. Unfortunately, engine no. 2 – the middle engine in the tail of the three-engined McDonnell Douglas DC 10 – suffered an explosive failure of the fan disk, resulting in all three hydraulic system lines to the aircraft’s control surfaces being severed. This rendered the DC-10 uncontrollable except by the highly unorthodox use of differential thrust on the remaining two serviceable engines mounted on the wings.
Consequently, the aircraft was forced to divert to Sioux City, Iowa to attempt an emergency crash landing. But the crew lost control at the last moment and the airplane crashed. Out of a total of 296 passengers and crew, 185 survived.
The National Transportation Safety Board (NTSB) declared after an investigation that besides the skill of the operating crew, one significant factor in the survival rate was that hospitals in proximity to the airport were experiencing a change of shifts and therefore able to co-opt the outgoing and incoming shift workers to take over the additional workload of attending to crash victims.
One wonders what would have happened if an overflying aircraft diverted to MRIA-Mattala, BIA-Colombo, Colombo International Airport Ratmalana (CIAR) or Palaly Airport, KKS during the doctors’ strike in the 24 hours starting March 12, 2025? Would the authorities have been able to cope? International airlines (over a hundred a day) are paying in dollars to overfly and file Sri Lankan airports as en route alternates (diversion airports).
Doctors in hospitals in the vicinity of the above-named international airports cannot be allowed to go on strike, and their services deemed essential. Even scheduled flights to those airports could be involved in an accident, with injured passengers at risk of not receiving prompt medical attention.
The civil aviation regulator in this country seems to be sitting fat, dumb, and happy, as we say in aviation.
Guwan Seeya
Plans to resurrect the Nanu Oya – Nuwara Eliya rail track are welcome. The magnificent views from the train have been described by H W Cave in his book The Ceylon Government Railway (1910):
‘The pass by which Nuwara Eliya is reached is one of the most exquisite things in Ceylon. In traversing its length, the line makes a further ascent of one thousand feet in six miles. The curves and windings necessary to accomplish this are the most intricate on the whole railway and frequently have a radius of only eighty feet. On the right side of the deep mountain gorge we ascend amongst the tea bushes of the Edinburgh estate, and at length emerge upon a road, which the line shares with the cart traffic for about a mile. In the depths of the defile flows the Nanuoya river, foaming amongst huge boulders of rock that have descended from the sides of the mountains, and bordered by tree ferns, innumerable and brilliant trees of the primeval forest which clothe the face of the heights. In this land of no seasons their stages of growth are denoted by the varying tints of scarlet, gold, crimson, sallow green, and most strikingly of all, a rich claret colour, the chief glory of the Keena tree’.
However, as in colonial times, the railway should be available for both tourists and locals so that splendid vista can be enjoyed by all.
Dr R P Fernando
Epsom,
UK
If the people of this country were asked whether they want elections to the local government, majority of them would say no! How many years have elapsed since the local councils became defunct? And did not the country function without these councils that were labelled as ‘white elephants’?
If the present government’s wish is to do the will of the people, they should reconsider having local government elections. This way the government will not only save a considerable amount of money on holding elections, but also save even a greater amount by not having to maintain these local councils, which have become a bane on the country’s economy.
One would hope that the country will be able to get rid of these local councils and revert back to the days of having competent Government Agents and a team of dedicated government officials been tasked with the responsibility of attending to the needs of the people in those areas.
M. Joseph A. Nihal Perera
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