Letters to the Editor

The teacher, student and the rod:Where do we draw the line?
The Sri Lankan government has ratified the International Covenant on Civil and Political Rights, the Convention on the Elimination of Discrimination Against Women and the Convention on the Rights of the Child.

Consequent to their ratification, the government amended Section 308 of the Penal Code by Act No. 22 of 1995 which made jail terms imperative in the case where any person wilfully assaults or ill-treats any person under eighteen years of age (now described as a child) in a manner likely to cause him suffering or injury.

The earlier Section 308 of the Penal Code referred to ‘Children’ as only persons under 12 years of age. A “ young person ” is defined in the Children and Young Persons Ordinance No. 48 of 1939 as amended to mean “a person who has attained the age of 14 years and is under the age of 16 years ” and a “child ” is defined as “ a person under the age of 14 years ”.

As a result of the amendment Vice-Principals, teachers and others have been convicted of assault and mandatorily sentenced to jail for two years.
Is the law too harsh, when even in murder cases charges are reduced to culpable homicide and suspended jail terms are given?

Besides, what is the impact, of sending teachers to jail, on their families and on the educational administration in general? Apart from losing their present employment the offender has to go through the trauma of facing criminal charges and he and his family are ostracized from society.

Under the present law, if a parent chastises a child under 18 years of age and causes hurt or even a minor injury he or she will end up in jail. What of the age-old maxim of “spare the rod and spoil the child ” which has now been jettisoned ? Is this not desirable especially in the present day when juvenile violence, thuggery and misbehaviour is rampant when juvenile brats even go to the extent of assaulting policemen in uniform? When school authorities and parents have to watch helplessly the deterioration of discipline? The purpose of punishment in modern jurisprudence is to reform the individual, except in cases of heinous crimes. The offences under the amendment are committed by respectable and educated people. Should they be sent to jail ?

In their haste to punish or deter wrongdoers, the drafters of the amendment may not have considered the other side of the coin. If, in fact, unlawful violence is inflicted on a child or young person the normal criminal law could be followed, leaving it to the judge to use his discretion in enhancing the sentence in an appropriate case. The judge should be given a discretion to decide the sentence in implementing the will of the legislator. This draconian amendment bringing in the new Section 308 A has now precipitated a crisis situation in school administration where three teachers have been given mandatory prison sentences. What will be the repercussions on discipline in schools in general? What will be the impact of this episode on this country which is already one of the most indisciplined in the world.

Should we blindly accept all U.N. Conventions without considering their impact on society to which they are being made applicable? Does the government in power study a proposal in depth and take a cabinet decision before public officers are sent to attend U.N. Conferences where decisions which bind the country are taken ? Should not the government take immediate action to remedy the situation?

Similar provisions are also found in this amendment relating to child abuse, pornography and statutory rape.

India and several other countries have not adopted this Convention.
In normal circumstances simple hurt cases are sent to the Mediation Board for settlement. Grievous hurt cases are compoundable very often with payment of compensation to the injury. However, in cases of hurt on children (under 18) the law imposes a mandatory jail term. These offences cannot be compounded nor can the judge bind over the accused or give a suspended jail term. Even in cases of murder the charge is reduced to culpable homicide and suspended and suspended jail terms are imposed. If a student assaults a teacher the case is compounded. In the present context teachers, parents and guardians will not chastise children. If they do they may end up in jail with hard core criminals.
It must be noted that minors attain the age of majority at 18 and have the right to vote.

It is not the policy of the law to send first offenders to jail except in the case of heinous crime.
Would the ends of justice be met if the offender is ordered to pay compensation to the victim and/or fine. This law should be repealed and persons convicted under the amending Act be given a Presidential Pardon.

Let us remember that day and our humanity
It is one year since the worst natural catastrophe struck the south-east region of the world. First we remember those who were the unfortunate victims of this sudden disaster. We hope and pray they would attain the Supreme Bliss of 'Nirvana', eternal peace in the arms of God, rest in 'Moksha' or attain heaven as per their individual religious faiths and wishes.

At the same time our heartfelt sympathies go to the families affected, the survivors and their kith and kin. We have not and shall not forget them. It is our fervent wish that such a disaster and destruction should - never befall any living being. To achieve this all of us irrespective of where we live should take utmost care to protect Mother Nature. If we harm the natural stream of life on earth by haphazard and unplanned disturbances to nature by forcibly re-directing rivers, felling of trees and clearing jungles at random, affecting the contours of a land by harmful sloping and dredging, emission of poisonous gases and causing heavy air-pollution from the modern industrial plants and factories that would affect the ozone layer, if we allow vehicles to emit heavy diesel smoke unchecked, if we cause other manmade destruction to Mother Nature we will not move forward.

We will fail in our duty if we do not convey our warm gratitude to all those, some of whom even risked their own lives to help the victims, those who promptly assisted the displaced and affected people with the provision of cooked meals, food, temporary shelter and clothing, to the international community and all other organizations who came in their numbers with aid, assistance and back-up support.

We must all think and act in one voice. Let us not fight to win frontiers on ethnic, religious, caste, gender, neo-politics, border and other issues forgetting the most important and golden fact that we all are human beings.
Let us all think, talk and act in terms of "Humanity".

Filibustering over NPC, PSC
Why are the President, Speaker of the House, Prime Minister and the Leader of the Opposition delaying the very important appointments of the new members to the National Police Commission and the Public Service Commission? The 17th Amendment unequivocally states what the law is. Those holding these high posts should do their duty by the law.

If the provisions in the 13th Amendment which created the Provincial Councils were fully implemented and power was devolved to the respective provinces including the North and East, we wouldn't be in the terrible mess we are in today. Who are the people responsible for this? They are the people in the Central Government who only pass laws to feign devolution of power but do not have the will to hand over their powers.

A commissioner to head the Independent Elections Commission should have been appointed three years ago. Having appointed the National Police Commission and the Public Service Commission, the politicians on both sides of the divide have realized that they have, due to the pressure from the JVP politicians, devolved their powers. Now they are looking for excuses not to appoint the new National Police Commission or the Public Service Commission.

Return our licence money
It is regrettable that people, who got their radios and televisions licensed for the year in which the licensing rule was stayed, have not got back their monies yet.

Towards genuine peace
The election is over and euphoria gone
Dust is settled and let's face reality
The winner has now become the leader
He has the mandate to go ahead
To bring about honourable peace
Neither a caricature of peace
Nor a phoney, fractured peace
But an authentic, genuine peace
Not merely cessation of armed conflict
Where multitude can live with dignity
Protectin’ their basic rights and freedoms
Ensurin' justice, law and order,
And their general wellbeing.
He has the courage and political will
Coupled with potency and necessary skill
Let him not miss this decisive moment
'Ere Sri Lanka becomes a human abattoir
A land of blood-lust cannibals
It is in fact the crunch time

President should initiate probe
This is the first time since I started voting in 1947 that I could not vote as I did not receive my polling card. Six eligible voters in my family were left out of the polling list although the usual form was completed and handed over to the Grama Sevaka. There are several families like us who did not receive their polling cards in our area.

Excluding selected names from the voting register is a manipulation by hidden hands. We therefore appeal to our new President to inquire into this matter.

Even if there was a re-poll in the North the result would have been the same
Some readers of The Sunday Times have criticised the last Presidential election calling it the 'worst', 'undemocratic' and so on.

These people seem to be over-worried that the Commissioner of Elections had not ordered a re-poll in the North as the people did not vote. Those who know the ground situation in the North will agree that the Commissioner had no other alternative. Even if the poll was repeated several times over, the result would have been the same. That was the reality of the situation to put it in subdued tones.

There is practically no evidence that the applications of people to register themselves as voters had been rejected. The fact is that the relevant forms had not reached the authorities concerned. The politicians who shout themselves hoarse about these people should have been active among them during the period when registration of voters was on.

By and large the democratic principles had not been violated at the election. I wish some restraint was observed in the use of words relating to the so- called shortcomings.

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