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“Capital punishment is a subject on which men (and women) tend to feel strongly, to be swayed by emotional prejudices and to argue dogmatically. It is also a subject of greater complexity than is generally supposed.” These are the words contained in the concluding chapter of the Report of the Commission on Capital Punishment published in 1959 as a sessional paper in the country, after an exhaustive look into the death penalty by a three-member Committee. Between then and now, crimes of unimaginable brutality have taken place in this country and with each spike in such crimes, the public outcry for the implementation of the death penalty grows loud, only to die down till another brutal crime takes place.

This time around, the rape and murder of five-year-old girl Seya has once again reignited the death penalty debate, fuelled by President Maithripala Sirisena‘s comments last month that he would impose the death penalty using the executive powers vested in him, but prefers to seek the opinion of Parliament before making the final decision.

Hence, an adjournment motion was introduced by new entrant to Parliament, Colombo District MP Hirunika Premachandra and seconded by Deputy Minister of Social Services, Ranjan Ramanayaka, on the need to implement the death penalty for those convicted of serious crimes against children and women.

From the onset it was obvious that the idea to rush in a motion was more a knee-jerk reaction to the gruesome killing of the young girl, followed days later by an equally brutal killing of a 10-year-old boy, more than a well thought out one. The decision to narrow down the motion to include only those who commit serious crimes against young children and women, for capital punishment, was itself a flaw. Ms Premachnadra made an impassioned plea in support of the death penalty for such criminals, saying the victims of such crimes were almost always socially backward and not afforded equal protection by the law. “No MPs child will suffer the same fate as that suffered by Seya, but it is the poor person’s child who will suffer such a fate,” she said.

Deputy Minister Ramanayaka too was equally vocal in his support for the death penalty and urged it be implemented for at least a year, to arrest the increase in crimes against minors. While the motion won support from a few MPs, there were overwhelming concerns among other legislators about its implementation, given the systemic that has become all too blatant, particularly in the Police Department, and to some extent in the Judiciary.

Deputy Minister Ajith C. Perera, an Attorney-at-Law, said, his many years in the judiciary has exposed him often to the shortcomings within the system, which need to be set right before any serious discussion on enforcing the death penalty. “Death maybe too good for such criminals. What is needed is life imprisonment without parole, so that, they serve out the rest of their lives in prison. That is the real punishment,” he said.

Minister Sajith Premadasa said he would support the death penalty, as it is the punishment befitting of such crimes. He said the severity of the punishment must match the brutality of the crime. “This is the only way we can save the children of our country from such horrendous happenings” he said.

Ratnapura District MP Vasudeva Nanayakkara was more cautious in his approach, stating a day-long Parliament debate was in no way adequate to come to a final decision on such a serious issue. He said that a Special Parliamentary Select Committee is best suited to make recommendations after looking into the question.

Law and Order and Prison Reforms Minister Tilak Marapone said this is a complex problem which cannot be looked at in a narrow minded manner, or in an emotional way. “If we are going to enforce the death penalty, we have to review each death row inmate’s file on a case by case basis. We also cannot confine it to those who commit crimes against women and children. We are all distraught over Seya’s death, but we must not allow ourselves to be overcome by emotions and rush into anything,” he said.
The President’s intention to seek the opinion of Parliament may have been to assess the MPs’ line of thought, but with only 27 of the 224 MPs participating in the debate, it is far from clear how the majority of legislators view the issue.

That aside, the announcement by Justice Minister Wijedasa Rajapakshe, that Sri Lanka would vote in favor of the UN resolution on a moratorium on the death penalty later this year, effectively puts a halt to any hangings of death row inmates at least for the next two years.

As Minister Wijedasa pointed out, the world is turning way from implementing capital punishment, and Sri Lanka will have to fall in line with these emerging trends. What is need are more laws to protect children and women. As one lawmaker pointed out, Fundamental Rights guaranteed in the Constitution should be expanded to include more protection for children and women, while quicker dispensing of justice to victims would go a long way to deter those who commit acts of violence against them.death left hanging in the air