Friday 5th March, 2021
Judges do not take kindly to utterances that amount to contempt of court. They go all out to make the offenders concerned regret having made such statements. This, we have seen both here and overseas. But there are situations where judges themselves get into hot water for their unguarded remarks that irk the public beyond measure. Chief Justice of India Sharad Arvind Bobde is under heavy fire for having asked an accused rapist if the latter would marry his victim, a schoolgirl, to avoid jail. Bobde’s suggestion is a textbook example of adding insult to injury.
Women’s rights activists in India have launched a signature campaign, urging Chief Justice Bobde to resign. Their protest is gathering momentum, and consternation is understandable; India has a very high rate of rape. They accuse their Chief Justice of having proposed something that is tantamount to condemning the victim to a lifetime of rape at the hands of her tormentor.
One cannot but agree with the protesting Indian women. It is doubtful whether any rape victim in her proper senses will ever want to spend the rest of her life with her tormentor. As for the aforesaid Indian girl, her rapist even threatened to burn her alive and kill her brother if she made a complaint against him. How can a girl live with such a monster? If the desperado had been allowed to get away with his brutal crime by marrying the victim, that would have set a very bad precedent. Such leniency would have rendered Indian women even more vulnerable. That would also have sent the wrong message to desperate men that they can marry women they dream of simply by sexually assaulting them!
What the Indian CJ should be asked is how he would have reacted if the victim had been his own daughter; would he have accepted the rapist as his son-in-law?
Callous disregard for rape victims’ feelings is apparently universal. It is reported from even supposedly enlightened societies that pride themselves on respecting women’s rights. CJ Bobde’s predicament reminds us of a Canadian Federal Judge—Robin Camp—who had to resign in 2017 for having asked a 19-year-old rape victim why she had not kept her legs together to prevent rape. Adding insult to injury, he told her ‘sex and pain sometimes go together.’ What a revelation!
Instances of rape victims suffering many indignities at the hands of lawyers abound in this country so much so that many girls and women, who suffer sexual assault, choose to suffer in silence. Unfortunately, this issue has gone unaddressed much to the benefit of rapists.
The female lawmakers in the current Parliament have sunk their political differences and come forward to safeguard the rights of Sri Lankan women, we are told. They have reportedly requested the Speaker to appoint a special Select Committee to address gender-based offences against women. Female local government members have also launched a similar initiative. They complain of harassment in their councils, where their male counterparts do not even allow them to speak freely. These female politicians can rest assured that they have the unstinted support of all right-thinking citizens. After all, women account for more than one half the country’s population. It is they who toil in factories, on estates and in West Asian deserts to help keep the national economy afloat. At least 50 percent of seats in Parliament, the Provincial Councils and the local government institutions should be allocated for women.
The members of the women’s caucus in Parliament ought to campaign for ensuring that women who become victims of rape, etc., are treated humanely in courts. Ideally, there should be separate courts to hear such cases. They are sure to have the ear of Justice Minister Ali Sabry, who has evinced a keen interest in giving the existing legal system a radical shake-up. They will also be able to convince President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa of the pressing need to hear rape cases expeditiously with the rights of the victims being protected.
We hope that the brave Indian women who have taken on their CJ will succeed in their endeavour.
April carnage and murky waters
Wednesday 21st April, 2021
A series of near-simultaneous terrorist bombings shocked the country on this day, two years ago. More than 250 persons including children perished in the attacks, which also left hundreds of others injured. It is equally shocking that no one has yet been punished for those heinous crimes and the masterminds behind the attacks have not been identified. The government would have the public believe that an extremist preacher named Naufer masterminded the attacks, but there is no credible evidence to prove its claim. True, Naufer indoctrinated the National Thowheed Jamaath (NTJ) cadres and had some influence over Zahran, who led the suicide bombers, but he, too, is believed to have had a handler.
The Presidential Commission of Inquiry (PCoI), which probed the Easter Sunday attacks, has unearthed some valuable information about the incidents, but much more remains to be done. It has held the then President Maithripala Sirisena and the yahapalana government responsible for the serious security lapses that enabled the NTJ terrorists to strike with ease. It has also recommended legal action against several police and intelligence officers who failed to act on repeated warnings. It should have named the members of the yahapalana Cabinet and recommended that they also be prosecuted.
Archbishop of Colombo Malcolm Cardinal Ranjith must have struck a responsive chord with all right-thinking Sri Lankans, on Monday, when he said, some political deals that helped the government secure a two-thirds majority in Parliament for the 20th Amendment may have influenced the outcome of the Easter Sunday carnage probe. ‘He that has an ill name’ is said to be half-hanged; the present-day leaders have earned notoriety for political horse-trading, and it is only natural that they stand accused of having cut secret deals with those with alleged links to the Easter Sunday terrorists.
The government is in a dilemma. Pressure is mounting on it to initiate legal action against Sirisena. The SLFP is likely to pull out of the ruling SLPP coalition if Sirisena is prosecuted; such a breakaway will threaten the stability of the government to a considerable extent and, therefore, the SLPP is not in a position to throw Sirisena to the wolves. How will the government wriggle out of this catch-22 situation?
Legal action can be instituted, on the basis of the PCoI findings and recommendations, against those whose dereliction of duty and criminal negligence helped the NTJ terrorists destroy so many lives, but the country will not be safe unless the real masterminds behind the attacks are traced and dealt with. The PCoI has not dug deep enough in this regard as can be seen from the perfunctory manner in which it has treated the alleged foreign involvement in the Easter Sunday terror attacks. The bulky PCoI report has only eight pages on this vital issue, and the views of key witnesses who suspect a foreign hand have been rejected as mere ipse dixits. These witnesses, according to the PCoI report, are Malcolm Cardinal Ranjith, former President Maithripala Sirisena, former Minister Rauff Hakeem, former Minister Rishad Bathiudeen, former Governor Asath Salley, Mujeebur Rahuman, MP, former Director SIS SDIG Nilantha Jayawardene, former Commandant of the STF SDIG M. R. Latiff, former Chief of Defence Staff Admiral (retd.) Ravindra Wijegunaratne, Senior DIG/CID, Ravi Senevirathne (retired) and former CID Director SSP Shani Abeysekera. So, if a fresh probe gets underway to identify the terror masterminds, the aforesaid witnesses will be able to furnish more information.
The Easter Sunday carnage should be investigated from all angles. The PCoI report says Zahran’s original plan was to attack the Kandy Perahera, but it was advanced due to the detection of explosives in Wanathawilluwa, international factors such as the IS losing ground in Syria and Iraq, and Zahran’s fear that he might be apprehended. It needs to be found out whether there was an attempt to use the NTJ terror to trigger a backlash against the Muslim community and drive the Muslims, especially those in the strategically important Eastern Province, into the hands of the separatists, or other such elements bent on destabilising the country.
The Grim Reaper in overdrive
Tuesday 20th April, 2021
April is the cruellest month, one may say with apologies to T. S. Eliot, on seeing the increase in fatal road accidents during the festive season in this country. During the last five days alone, 52 lives have been lost in road mishaps, and about 670 persons have suffered injuries, according to the police. In fact, the number of deaths due to road accidents averages eight a day, and road fatalities receive media attention only when there happens to be an uptick therein. Not even coronavirus carries off that many—for now, at least.
With an average of 38,000 crashes that cause about 3,000 deaths and 8,000 serious injuries annually, Sri Lanka has the worst road fatality rate among its immediate neighbours in South Asia, a World Bank study has revealed, as we pointed out in a recent comment.
Why this unfortunate situation has come about is known to the authorities tasked with ensuring road safety. The traffic police have identified 25 causes of road accidents, prominent among them being reckless driving, negligence, indiscipline, drivers’ lack of knowledge of road rules and regulations, fatigue, human error, driving under the influence of liquor and drugs, pedestrians’ disregard for road rules and safety measures, poor conditions of vehicles and road infrastructural defects. Other causative factors, identified by independent experts, are an exponential increase in the number of vehicles, irregularities in the process of issuing driving/riding licences and lapses on the part of the traffic police themselves.
Given the sheer number of causes of road mishaps, a multi-pronged strategy and a long-term, holistic approach are needed to tackle them. But it may be possible to contain the problem to a considerable extent if steps are taken urgently to deal with reckless driving, indiscipline, driving under the influence of liquor and drugs, and road infrastructural defects. Last month’s tragic bus accident in Passara shook the country, it killed 14 passengers. The driver of the ill-fated vehicle was responsible for the mishap, but it could have been prevented if the Road Development Authority had cared to remove a boulder that had rolled onto the road, blocking part of it, or at least put up speed breakers and warning signs near the bottleneck. Such issues can be sorted out immediately.
Police deserve praise for taking tough action against drunk drivers. Drunk driving is easy to detect. In most cases, there is no need for even breathalyzer tests. But the problem with narcotic addiction among drivers is that there are no outward signs of impairment. Medical experts inform us that drugs such as cannabis, methylamphetamine and ‘ecstasy’ greatly impair drivers’ ability to control speed and judge distance and hinder coordination. The need for facilities to conduct roadside drug testing to detect narcotic addicts behind the wheel has gone unheeded although many drivers, especially truckers and busmen are hooked on drugs. Bus owners’ associations have been calling for action against drug addicts in the garb of bus crews, but in vain.
Meanwhile, random checks in urban areas to nab drunk drivers have stood suburban liquor bars in good stead because most people patronise these watering holes due to lack of police presence around them. This is something the traffic police should pay attention to. If they step up checks in suburban areas as well, they may be able to net many more drunk drivers, who pose a danger to all road users.
Road accidents are as much of a scourge as the current pandemic; they kill about 1.39 million people around the world annually, according to the World Health Organisation. One is at a loss to understand why there has been no sustained global effort similar to the campaign against COVID-19, to obviate the causes of killer road accidents; this is doubly so for this country where road fatalities outnumber the pandemic-related deaths. It is unfortunate that road traffic deaths get reduced to mere statistics and then forgotten.
It’s sovereignty, stupid!
Monday 19th April, 2021
Sri Lanka’s sovereignty has taken centre stage thanks to the Colombo Port City Economic Commission (CPCEC) Bill. The Opposition and its allies are all out to scuttle it, claiming that it will severely undermine the country’s sovereignty, which the government vows to protect at any cost. The UNP has joined others in challenging the Bill in the Supreme Court. This, it has done while seeking to justify its decision to appoint its leader Ranil Wickremesinghe to Parliament via the National List; he unsuccessfully contested the last general election from the Colombo District.
If the government, the Opposition and their supporters are so concerned about the country’s sovereignty, they must respect the franchise of the people in whom sovereignty resides. Sovereignty and franchise are inseparable. How could the aforesaid politicians reconcile their much-advertised campaign for protecting sovereignty with their endorsement of the practice of appointing as National List MPs unsuccessful candidates and others of their choice in violation of people’s franchise.
The situation took a turn for the worse, under the yahapalana government, which not only appointed a bunch of defeated candidates to Parliament as National List MPs but also made some of them Cabinet ministers! Almost all political parties with parliamentary representation have undermined people’s franchise in this manner. Even the JVP, which never misses an opportunity to take the moral high ground, failed to be different. The lame excuse that political leaders trot out for this blatant violation of franchise is that the law provides for such appointments. If this despicable practice is to be considered acceptable simply because certain bad laws can be interpreted to justify it, then the Executive President should not be faulted for exercising all dictatorial powers the Constitution has vested in him.
Moreover, it has now been revealed that the J. R. Jayewardene government smuggled some sections into the election law to enable the appointment of outsiders to Parliament as National List MPs. The Provincial Council Elections Act was amended in a similar manner in 2017 to postpone the PC polls indefinitely. Questionable practices and actions based on such rotten laws cannot be considered legitimate by any stretch of the imagination.
The National List mechanism, which was devised purportedly to bring in eminent persons as MPs, has in effect empowered political party leaders to violate the people’s franchise with impunity. Therefore, the legal provisions that allow defeated candidates and outsiders to enter Parliament via the National List must be abolished; they are antithetical to democracy and have a corrosive effect on people’s franchise and sovereignty. Strangely, not even those who undertook to usher in good governance, in 2015, cared to get rid of these bad laws.
It is being argued in some quarters that when the seats of appointed MPs fall vacant, only the National List nominees or those whose names appear on district nomination lists should be appointed to Parliament in keeping with Articles 99 and 101 of the Constitution. But we believe that only the National List nominees whose names are made public before parliamentary elections must be brought in as appointed MPs; the appointment of unsuccessful candidates as MPs is an assault on democracy.
Technically, people who vote for a particular political party/independent group also endorse its National List nominees, who arguably attract votes. In 2015, the JVP had, as one of its National List nominees, former Auditor General Sarath Mayadunne. A lot of people must have voted for the JVP to have him in Parliament to fight against corruption effectively. But no sooner had he been sworn in than he resigned, paving the way for the appointment of a defeated JVP candidate. What the JVP did was tantamount to taking the voting public for a ride. Other political parties, too, have done likewise unashamedly.
At present, the National List can be abused to appoint any party member to Parliament, and anyone can obtain the membership of a political party by paying as little as Rs. 10. One may argue that all it takes to render people’s franchise irrelevant is Rs. 10! What moral right do the politicians who unflinchingly make use of bad laws to defy the will of the people have to fight for democracy, sovereignty and franchise?
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