The
killing of a judge and a society steeped in violence
The killing of Colombo High Court Judge Sarath Ambepitiya and his
security officer, a police inspector, once again reminds us of the
type of society we are living in.
Violent
Sri Lanka is perhaps an apt title. Violence of this nature could
perhaps be traced to the late 1960s. This was the period when the
roots of the Southern insurrection of 1971 were being created. In
the decades since then, we have had what could be called the gun
culture.
Last
Friday's killings ought to be seen in the context of this wider
picture. Guns, bombs, arms and armaments are now part and parcel
of the Sri Lankan ethos. Thus, violence of this type has emerged
as the answer to what persons conceive to be problems. In this case
it is the killing of a very highly respected judge who in and through
his office combated crime.
Even
the international media picked up the news of the killing. Such
was the significance of this killing. The Chief Justice was there
immediately after the killing while the President ordered a full-scale
probe.
In
this scenario, the slain judge must be saluted for his uncompromising
work as a judicial officer of the state. I am sure that there are
others of his kind, despite the President's recent comment on judicial
officers.
The
pertinent question is, given this picture of a criminal society,
what is the role of all of us Sri Lankans? We could ignore this
as just another killing, despite the tragedy enacted in a home where
the said judge had only the previous day kept his 58th birthday
and visited the Kelaniya Temple with his family.
On
the other hand, all of us are part of this problem. We have allowed
violence and abuse to prevail; also crimes to take place. We have,
all of us, in a sense accepted this culture.
We
have allowed our so-called leaders to be violent and abusive in
various ways. Perhaps the stoning of the houses of judges during
the Jayewardene era is a good example. Every student of sociology
knows only too well the prevalent types of violence in our land.
Since all of us are part of this violent society, in us are the
solutions.
While
the legal system and the police do their work to combat this type
of killing, every effort should be made to eradicate the root causes
of these acts of violence.
If
this killing could be considered as the case study, from what is
known it is clear that there are elements in our society who are
not prepared to respect the Rule of Law.
Then
there are the crimes that are prevalent. Criminology will certainly
help us to understand the prevalence of these crimes. In this situation
is the sad factor that life has become so cheap that a group of
persons can mastermind the killing of persons.
Analysts
may link all this to globalization, and the open economy, etc. However
we in Sri Lanka, practise four of the world's major religions. What
are we, the adherents of these religions, doing?
What
about our homes and places of work, education, where we socialise?
Aren't we interested in changing our society? When we do not participate
in the eradication of the evil in our society, we are in a sense
allowing it to grow.
More
of us should protest about the violent nature of our society. We
should also be grateful that there are the Sarath Ambepitiyas of
this society, who are prepared to lay down their lives for the sake
of what is justice.
The
UNESCO's thinking is that all violence begins and ends in and through
each one of us. Hence the need for a kind of education that will
cultivate inner values and a kind of spirituality.
What
about the criminals? Don't we have to reform them and rehabilitate
them? Is it happening sufficiently? These are hard, difficult and
urgent questions. May we in Sri Lanka, while saluting the life of
Sarath Ambepitiya, endeavour to participate in the eradication of
all kinds of violence in our midst. I think we must and we can,
given the religious, spiritual heritage which we are heir to as
nation.
Sydney Knight
Colombo 5
A
case for death penalty in a sick society
Society the world over may be called sick, although it is often
termed normal under today's conditions. But if we see a society
with violence, crime and murder beyond all proportion, then it could
be called acutely sick.
A
society can become diseased due to several causes. Politicization
of establishments may be the foremost cause. It may affect the economy,
education and even judicial decisions, due to which an innocent
person who is a murder suspect could become a political victim.
Such victimization is irreversible, as no amount of commissions
probing the decision, with every change of government, will do any
justice to the victim.
Also
an innocent person may have to face the death penalty, due to poverty,
as he cannot retain the best of lawyers. These two reasons may be
cogent arguments against the death penalty.
There
are free legal aid institutions that should and could be strengthened
and may even be given state patronage to expand. It is of utmost
importance that poor people should be made aware of their existence.
Another
argument against the death penalty is that, those who have closely
associated with persons in the death row maintain that the death
penalty has never had a dissuading effect on those who had decided
to commit a murder.
This
may be so, but we need to consider whether these conclusions were
made on observing persons in the death row long before traumatic
situations such as rebellious upheavals and continuous wars in a
society had made it acutely sick and in need of preventive or shock
treatment methods to put it right.
Shock
treatment such as the death penalty may be needed for a society
that has assumed the proportions of a sick giant, at least for a
limited period. Once the dreadful crescendo of a crime wave is over,
perhaps then the teachings of all religions will take on more meaning
among those prone to crime. It would be well for all those vehemently
against death penalty to band themselves into vigilance committees
and pursue the establishment of free legal aid schemes, and also
be alert to internationalize unjust judicial decisions, if any.
They
may also perhaps get into the shoes of a father, mother, brother
or sister of a loved one, whose life has been taken away. They may
also take into consideration that a spur of the moment killing is
met with merciful punishment by courts.
Under
such conditions should not any nation with an acutely sick society
consider introducing the death penalty, for rampant, premeditated
and cold-blooded killings? Killing in any form be it statutory or
otherwise cannot be condoned, but at times a bitter pill is needed
to cure an acute sickness.
Thereafter
it could be taken out of the statute book. If the death penalty
were to be introduced, even for a short period, let it be done in
a more humane form rather than the rickety old gallows, even if
it were to cost a fortune.
Oscar
E. V. Fernando
Colombo 5
ABCs
of AIDS: C is for condoms not conviction
I am writing in response to a letter ("ABCD of HIIV/AIDS prevention")
from a reader, identified as "A doctor", Kurunegala, in
The Sunday Times Plus Section of Sunday, October 17, 2004 in an
effort to present the correct information on this subject.
Over
20 years of experience with the HIV/AIDS epidemic from around the
world has led to the simple ABC's of HIV/AIDS - A for abstinence
from sex, B for being faithful to one faithful and uninfected partner,
and C for correct and consistent use of condoms.
Abstinence
is especially important for young people, who need to be encouraged
to delay their sexual activity as long as possible. In countries
where the average age of sexual debut has increased, the rate of
new HIV infections has fallen. Thus this is a highly effective strategy
to protect young people from HIV and to slow the spread of the epidemic
among this population group.
Being
faithful to one faithful and uninfected partner is also an important
strategy. But, sadly, we have seen in country after country that
faithfulness is a tricky issue. Indeed, in Thailand and India, reports
show that the vast majority of women infected with HIV has never
had sex with anyone but their husbands. Thus although these women
have been faithful, they have still become infected.
This
is because their husbands have either not been faithful to them,
or were already infected at the time of marriage. This brings us
to the use of condoms. Contrary to the statement made in the letter
published in this paper recently, the C has nothing to do with conviction.
It has to do with the regular and correct use of latex condoms every
single time one has sex with a partner whose HIV status is unknown
or positive. Condoms - when consistently and correctly used - have
been proved to be extremely effective in preventing the HIV virus
from passing between people during sexual intercourse.
As
long as we are too shy or too uncomfortable to talk about, purchase
and use condoms, we are putting ourselves at risk. In situations
where abstinence or being faithful are not possible options, it
is only condoms that can prevent HIV and save lives.
Janet L. Leno
UNAIDS Country
Coordinator
Colombo
University
certificate of error
May I draw the kind attention of the Peradeniya University
officials to Pasan Karunaratne's letter in The Sunday Times of September
12, 2004 titled "It may be archaic, but it ain't wrong".
His letter was in reply to my letter in The Sunday Times of August
29 titled "There should be merit in accuracy".
All
this originated from the errors I pointed out in a university certificate
brought to my notice by a graduate from the 2002 batch. Let it please
be understood that the exposure of errors, as I see it, was not
done with any malicious intention or for any egoistic satisfaction,
but to have my doubts dispelled.
I
thank Mr. Karunaratne for his pointed and well-defined attack on
the use of the archaic word, "Holden" in the university
certificate referred to. His well-researched, logical analysis should
surely open the eyes of the university (authorities) concerned.
T.P. Paul
Eheliyagoda
To
stop conversions, help the poor Buddhists
Much has been discussed and written about the unethical conversions
of Buddhists. As a Buddhist, I wish to suggest that a trust fund
be set up in Sri Lanka with each Buddhist being asked to contribute
a minimum of Rs. 100. The fund should be administered by honest
Buddhists who will be appointed through a proper procedure.
The
fund should be utilized to help poor Buddhists who are the target
of evangelists.
R. De Silva
Rajagiriya
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