Letters
View(s):Death sentence should not be confused
Recent killings, especially of little children and of women have brought the implementation of the death sentence once again to the forefront.
Whenever a sordid crime is committed, there is a loud public outcry for the gallows to be reactivated. Government authorities therefore interview prospective candidates for the “alugosuwa” post and import special rope.
A few weeks later, the cacophony dies down and the forgivers, the compassionate and human-rights agents gradually crawl out of the wood-work and newspapers get inundated with letters pleading that no one has the right to take away the life of another.
Justification for this view is sought through extensive quotations from Buddhist philosophy (strangely enough not Islam, Hinduism or Christianity) and it is stressed that the Buddha (once again, strangely, no mention of Prophet Mohammed, Jesus Christ or Hindu Gods) never recommended the taking of life or even as punishment for crimes.
Politicians too, who initially were vociferous in the execution campaign, quietly change their tune. After all they have to float with the tide and the number of votes they can garner is their bread and butter.
The prime question is whether wrong doers should be punished by the state? If we strictly go on religious philosophy (what the Buddha taught etc.), punishment in any form cannot be condoned.
If the society/state has no right to execute a murderer, it logically follows that it has no right to incarcerate or punish anyone either.
The logical extension of this argument is that the law, law enforcement, the judiciary and the punishment (prisons) process becomes redundant.
After all if we are strictly governed by religious philosophies no one has the right to punish anyone else.
Can any society of mundane humans full of greed and hatred contaminated by sick-minded people, be expected to govern themselves on strict religious philosophy?
One can imagine with horror the fate of the weak, the old, the infirm, the women and the children at the hands of criminals in society.
Religious philosophy will never restrain the criminal elements in human society. The law of the jungle where might is right will prevail. Is this what we want?
It is agreed that human rights of the criminal is important in any civilized society. But then, the rights of the victims (the weak, the mild and the infirm) are far more important.
Human rights is a two-way street and religious philosophy should not be invoked to protect the perpetrators of crime. It is good for all the do-gooders and human rights philosophers to keep this in mind.
Strict laws and appropriate punishment are absolutely necessary in human society. If not, anarchy and the law of the jungle will prevail. Statistics may show (according to the Police and sociologists) that the punishment (including execution) is not a deterrent to crime.
It is true that the only way to reduce crime is to educate and change the mind-set of society. This is where religion comes in and people have to be educated psychologically to respect human values and reduce hatred and greed.
However, society cannot wait unprotected until the mindset of individuals becomes better. Thus, religious philosophy should not be mixed up with the law and order and the crime and punishment concepts.
Punishment of criminals may not be a “deterrence” to would be wrong-doers. But “deterrent” is not the only issue. Criminals have to be punished or removed from society by the state, whether it is a deterrent to others or not. Protection of the society at large is of prime importance.
Another concept put forward involves the rehabilitation of criminals. “Rehabilitation” is promoted in place of “punishment”. Rehab maybe a possibility depending on the age of the wrong-doer and the wrong committed.
For example young persons or those who have committed simple crimes could be rehabilitated. The law should be similarly amended and courts of law given the necessary powers or leeway to select the course of action.
However, those committing grievous crimes should receive the necessary punishment.
Where capital punishment is concerned a real danger as mentioned by those against the death sentence, is that innocent people may be executed.
Again, the death sentence should be restricted to specific crimes such as the possession/distribution of large quantities of drugs (drug and quantity specified by law), pre-planned gruesome murder, rape and murder of women and children, terrorism and mass murder etc.
Such crimes should be clearly specified in the Penal Code. The evidence for conviction should be absolutely clear, direct (not circumstantial) with clear scientific/forensic facts.
All evidence must be absolutely irrevocable for a death sentence to be passed.
If by any chance, the evidence is circumstantial with the slightest ambiguity, or not one hundred percent clear, only a life sentence should be passed.
Subsequently, the Supreme Court (full bench) must review each death sentence and nature of the evidence.
It should be satisfied that the evidence is clear and not circumstantial and beyond any reasonable doubt before ratifying the death sentence.
Further, adequate time should be given (mandatory) to the accused (say, one year) after the Supreme Court ratification for any new evidence to be unearthed and submitted.
This latter concession should be enforced by law where the SC can review the new evidence any number of times within the given period and if necessary grant further time for hearing of such new evidence.
All such precautions should be basically provided by law so as to prevent an innocent person being hanged. The slightest doubt by the SC should cause the sentence to be converted to a life-term.
This will prevent an innocent person being executed under flimsy circumstances, false evidence, lack of evidence in favour of the accused etc.
It is important that the Head of State (President) should be exempt from ratifying a death sentence. The law should be suitably amended for this.
The final Supreme Court ratification should be sufficient to carry out the sentence. However, the Head of State should have the right of pardon for normal prison terms (after review and recommendation by the Prisons Department) and the power to convert a death sentence to a life-term (again on the recommendation of the Supreme Court).
But in this instance, the “life-term” should be truly a “life-term” where the accused spends all his life in a special jail in solitary confinement with no possibility of release, no visitors and with minimum concessions. In effect, he is removed from society for the rest of his life.
Finally, a complete review and overhaul of existing laws and sentencing procedures are absolutely essential. We as a society must insist that the human rights of the law abiding citizen, the innocent and the weak (children, women, the old and infirm) take precedence over human rights of the law breaker and the anti-social. Religious philosophies and human rights of criminals should not be brought unnecessarily into the equation.
Cecil Dharmasena
Kandy
Internet connection: Why such a slow response
One has to think twice before getting a Sri Lanka Telecom (SLT) Broadband ADSL internet connection. If one has a problem with an internet connection, do not expect someone to come around during the weekend.
The SLT is closed and on holiday – that is what one of the operators told me when I called 1212.
I reported a fault on Saturday (October 31, 2015) between 9 a.m. – 10 a.m. They gave me a Reference: 19771261. On the same day an officer called me at 1.13 p.m. and asked me what the problem was.
I explained that the internet which worked perfectly for so many years has gone dead all of a sudden. He mentioned that my connection is weak. The call came from the telephone number: 0112424103.
Then on Sunday in the afternoon another official called and asked me what the problem was, I explained the internet problem.
Since nothing was happening, I called 1212 on Monday morning at 10.30 a.m. The lady operator explained that since it was the weekend, the staff is usually on leave and also mentioned that SLT could not contact me as I did not answer the telephone.
I told her I was contacted twice and I had given my mobile number too, and there were no missed calls.
Finally, at about 2 p.m. on November 2, 2015 I received a call from an SLT Officer asking me to turn off my router. I followed the instructions.
Then they mentioned that they will call back. Up to the time of writing this at 8 p.m. on November 2, nothing has happened.
The internet is so important to us especially since we have contacts around the world, business, family etc. Although the Government boasts about making Sri Lanka, one of the best countries in Asia, I have my doubts.
Sherwin Dias
Boralasgamuwa
Blaring sounds kept us up
It is with sheer frustration and sleep deprivation that I write this and I hope there will be some action taken by those in charge to resolve this issue.
I live down Chakkindarama Road and recently, the Chakkindarama temple had an all-night pooja which started at 10 p.m. and went on until around 4.30 a.m.
We had to endure the loud speakers (installed just outside my gate) which were blaring throughout the night.
In addition to the prayers, there were speeches thanking various people for donations, contributions etc., and songs. Needless to say, we did not sleep a wink until the noise stopped and then it was time for us to wake up to our daily chores.
Lord Buddha never preached the dhamma through loud speakers and he never lived in a manner that caused pain and inconvenience to anyone – we are told.
Why then, do those living in Buddhist temples inconvenience those unfortunate enough to live near a temple? My husband, who has health issues and is a heart patient, did not get any sleep and suffered all night long.
I am sure there are the old, the sick, the children and lots of others who suffered along with us that night. The noise pollution caused by such thoughtless acts by those considered to be kind and merciful is hard to understand.
Even if the temple decides that loudspeakers are absolutely necessary, why put them on maximum volume – do they think that everyone who walks or lives down the road is hard of hearing?
Why can’t it be on a level where people can hear it but are not traumatized by it? On days (and nights) the temple puts out its loudspeakers, the residents down the road are unable to carry on a conversation, listen to the radio, watch TV, make a phone call or…, most importantly, sleep.
Is it fair that one can’t relax and do what one wishes to in their own home without being severely inconvenienced?
Why is it necessary to force people to listen to things they might not want to listen to? If one wants to listen to bana or the dhamma, one will go to the temple, or get a CD or a tape and listen to it in the manner it should be listened to – respectfully.
Should one be forced to listen to prayers whilst one is cooking, working, cleaning or trying to sleep? Do people actually listen to what’s being said on loudspeakers throughout the night?
I believe the only people who enjoy it are those talking over the loudspeakers.
Whoever is in charge, please put a stop to this unreasonable and thoughtless act of having blaring loud speakers – not just at night, but during the day as well.
In my own home, I should be able to decide what I listen to, not have someone else do that for me!
D.S. Wijeyaratne
Ratmalana
Focus on the pledges made
Many letters to the editor appeared in last Sunday’s (01.11.2015) Sunday Times expressing readers’ concerns over the new government’s ‘good governance,’ popularly know as ‘yahapalanaya’.
I too wrote earlier to this paper twice on April 26 and June 21, 2015 reminding readers that people elected Maithripala Sirisena as president to focus on pledges made by his team not to head the SLFP, but to lead the UPFA in elections and if the UNP wins more seats, his January 8 victory will potentially be diluted causing an adverse impact on the country.
Observers now see what is happening. Surprisingly MS has recently announced he would lead the SLFP to victory in the forthcoming local government elections.
People surely cannot understand why a neutral MS in the last general elections suddenly decided to get actively involved in lower elections.
The danger here is that the SLFP may not get a good or adequate victory over the UNP through the forthcoming local government elections as happened at the last general elections.
MS’s Jan 8 victory will probably be further diluted and it’s not good for him and for the future of the country.
Once again we as citizens remind the President to focus more on pledges he made, such as the overdue 100 day programme, made for the betterment of the country than that of party politics!
K.U. Pushpakumara
Pitakotte
Export crops must be managed by suitable appointees
This is further to the letter of Desmond Z.de Silva which appeared in the Sunday Times of November 1.
The plantation sector plays a very important role in the economy of the country. In 2014 tea, rubber and coconut earned around Rs. 260 billion in foreign exchange.
Right now there are severe problems in the tea and rubber sector. Research institutions related to tea (TRI), and rubber (RRI) and the Tea Board need to take appropriate action to solve these problems.
Coconut plantations in the Southern province are affected by Weligama wilt and the Coconut Research Institute (CRI) has an important role to play in controlling this disease.
We import sugar worth around 40 billion and the Sugarcane Research Institute has a major role to play in increasing local sugar production.
In view of this the four research institutes and the Tea Board need to be managed by professionals who are familiar with the respective crops.
However, in spite of the importance of these crops to the economy of the country, the Minister of Plantation Industries which is expected to oversee these four research institutes and the Tea Board, has appointed Chairmen who have no background in the relevant crops.
For example the newly appointed Chairman of CRI, according to its website is an expert on elephants. The website of the Tea Board indicates that its new Chairman was a former consultant to the Ministry of Tourism and Sports.
Dr. C.S. Weeraratna
Via email
Second Cross Street now hawker street
One of Colombo city’s main income generating quarters – Second Cross Street, Pettah is totally neglected.
With government officials granting permission to have hawker stalls on the pavements and roads they don’t realize the plight of the shopkeepers who pay all kind of taxes including income tax, NBT, VAT, refuse tax, municipal tax, name display board tax, etc.
The shopkeepers are at the mercy of the hawkers who construct their stalls with umbrellas and obscure the window displays of the shops.
Moreover the relevant authorities who give permission eyeing only the election forget that the traders here are wholesalers who cater to customers from all over the country who come to buy goods.
They need to bring the goods and stock it to provide them adequate supply. But with the parking lots allowed to these hawkers it is impossible to unload or even to walk on the road let alone to load the customers’ goods to their vans or even trishaws.
It all started when permission was given to hawkers only for the festive season but now it has become a daily event making it an eyesore to the tourists coming here.
The stalls have been “rented” by the nattami mafia who control the area and make large gains and support the authorities too for the favour!
According to the law we can’t park our vehicles on the pavement as it is the pedestrians’ right to walk and if they are forced to walk on the roads they are in danger of being hit by vehicles.
If that’s the case then why is the law different in Pettah where hawkers can occupy the pavement and pedestrians must use the road?
That too not on all streets but only 2nd Cross Street despite streets like Main Street and Olcott Mawatha being wide enough to accomodate them.
Hope the authorities put a stop to this with immediate effect to facilitate the wholesalers carrying on their business peacefully.
JAF
Via email
Bad drivers should not be allowed on the roads
I agree with D.J. Wijesinghe in the letter published on October 25 where he says one of the leading reasons for accidents is due to people obtaining a driving licence without the proper competence to drive.
I endorse this statement totally due, to an unfortunate and most disturbing accident which I, together with three of my friends had to face in September while travelling from Colombo to our respective homes in a Sonit Cab.
We were at the Reid Avenue colour lights with the red traffic light still on, waiting for the green light to proceed, when, there was this bang from the back of our vehicle.
I was occupying the front seat, with the seat belt on and for a moment didn’t realize what had happened.
It was only when some students from the University opened the door and helped me out that I realised that blood was pouring from my face. I had suffered an injury and had to have sutures on my forehead.
I must thank these students immensely for helping me and taking us all to the Accident Service for treatment.
My friends were also equally injured one had a gash on her head requiring sutures and a smashed leg, the other a twisted leg and the third had so many complications, that she has been in and out of a Private Hospital three times and is still receiving treatment.
This accident was due to the total negligence of this young driver, who was with a friend. He came at a very high speed (their air bags too had opened out) and was unable to stop at the traffic lights and banged into our vehicle.
Rajes Nonis
Coloured number plates in honky tonk town for vehicle levy
The Colombo Municipal Council [CMC] is going to introduce a levy for vehicles entering Colombo City according to a news article in last weekend’s Sunday Times.
It is good for the CMC to increase their revenue but a collection scenario of the levy is not practical.
They are going to collect the levy at the entry points of Colombo City i.e. Wellawatte bridge, Galle Road, Kirulapone bridge, Highlevel Road, Kelani bridge, Kandy Road and Negombo Road and other entrances to the city.
However with the huge number of vehicles entering in the morning hours, collecting the levy on a daily basis is not practical.
If CMC really wants to introduce a system I would like to suggest the following:
- All the vehicles needing to enter the city of Colombo should register in the following manner:
- Introduce a green number plate for the vehicles registered within the city limit of Colombo 1-15.
- Introduce a blue number plate for the vehicles registered outside the city limit of Colombo and entering the city of Colombo between 06.00 – 09.30 hrs.
- Introduce a pink number plate for the vehicles registered outside the city limit of Colombo and entering the city of Colombo within off peak hours
- The lower levy should be charged for the green number plate holders as an annual fee at the time of renewal of the vehicle licence.
- However registered addresses between Colombo 1-15 and vehicles used outside the city of Colombo and entering Colombo city should be required to obtain a blue number plate to enter the city between 06.00 – 09.30 hrs. If not they have to pay the entry fee for each and every entry to the city of Colombo.
- The high levy for the blue number plate holders should be charged as annual fee at the time of renewal of the vehicle licence.
- The moderate levy for pink number plate holders should be charged as an annual fee at the time of renewal of the vehicle licence.
- All vehicles not registered under the blue number plate entering the city of Colombo between 06.00 – 09.30 hrs. should pay an entry fee at the entry points.
- All vehicles not registered in the above manner and entering the city of Colombo should pay an entry fee at the entry points.
- All the vehicles without coloured number plates or not having an entry fee ticket within the city of Colombo should be charged a penalty.
Nimal Nagahawatte
Via email