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The law is a system of rules usually enforced through a set of
institutions, in the case of Sri Lanka, by the Legislature consisting of
people's representatives. The law of a country ensures order and the
smooth functioning of human affairs of that country and its citizens are
obliged to obey these laws. The law of a country is sacred.
The most important institutions for law are the judiciary, the
legislature, the executive, its bureaucracy, the military and police,
the legal profession and civil society.
While laws may exist, their validity and effectiveness largely
depends upon the obedience of the citizens to these laws and the
enforcement of this law by the law enforcement authorities such as the
Police.
This is contrary to the 'law of the jungle' where there is no order
or respect for rights and obligations. 'Might is right' is the law of
the jungle and the 'survival of the fittest' is best exemplified in the
jungle. But law is a product of civilisation and becomes a tool to
ensure that human beings march forward, not backwards, in this
continuing process of civilisation.
Having said this, I wonder where we Sri Lankans are at this point of
time. We have a legislature, law, the judiciary and law enforcement
authorities and are supposed to be a civilised country.
But in fact, are we? Given the escalating incidents of crime,
violence, disappearances, and subversion of laws by the powerful and
politically connected etc. one wonders whether the laws of our country
are as sacred to us as it should be.
It seems that human lives are of little value these days. When we are
confronted by an opponent, our first reaction seems to be to eliminate
him. When we are faced with a law that obstructs us from doing what we
think is best for our own personal gain, we try to circumvent the law by
bribing the authorities even though such violations are bound to weaken
civilisation.
Are the laws of our country moving us forward towards civilisation,
or is there a regression of civilisation? The Government spends large
sums of public funds to maintain the system of law and its institutions.
These costs add to the Cost of Living too. I wonder if someone can
enlighten us on how much of public funds are utilised by the Government
to maintain the State. But it serves no purpose, if these institutions
are dysfunctional. Therefore, there seems to be an urgent need for us to
stop and think before it is too late.
We need to respect law in the first place, while law enforcement
authorities need to enforce the law without fear or favour and desist
from casting a Nelsonian eye on law-breakers, even when they are
politically well connected so that we may gain the fullest benefit of
their purpose.
It seems frequent these days that 'law-makers are the law-breakers'
and their unruly sons are no better.
Unfortunately this seems to be true in the case of Sri Lanka. The law
enforcement authorities are often obstructed by political interference
in their line of duty or are compelled to toe the line of the ruling
powers.
Here lies the seed of anarchy and the road to a 'Failed State'. If
all Sri Lankans are law abiding and if all law enforcement authorities
do their job, if politicians stop interfering with the law enforcement
authorities, and crime rates come down drastically, then Sri Lanka can
continue on our journey towards civilisation.
On the other hand, we could also ask, if the prevailing laws of our
country are sufficient or are they outdated? The law of Sri Lanka is the
old Dutch law which has been introduced to us by our colonialists of
old.
Other countries too have their own laws. But they periodically revise
and update these laws to cater to the forward moving civilisation.
Perhaps we need to revise the laws of our country too, to suit modern
times.
Our law is full of loopholes and these loopholes need to be plugged
in order to stop us from regressing from civilisation. But the million
dollar question is "Who will bell the cat?".
C. C.
I thank the Daily News for publishing the article titled 'Pakistan
protest to Sweden' published on September 01.
The cartoonist this time from Sweden, a nation which is commended for
her exemplary stance on peace and humanitarian services. The cartoonist
has chosen to blaspheme the Prophet of 1.3 billion Muslims.
In the first place, the person should know the meaning defined in the
dictionary for the word cartoon, which is a humorous drawing of
something interested in the news.
There are eminent cartoonists in our country as well. They are highly
recognised in the society achieving awards and merits, but not for
humiliating any religion or the followers of such religions.
The cartoonist may have disliked the faith as it prohibits,
consumption of liquor, gambling, sex abuse etc, which may be the needs
of the individual and his fans.
He never feels, the consequences of his dastardly attempt may lead to
disastrous calamity and chaos in the Muslim countries and in the nations
where Muslims live in minority.
I am wondering as how Sweden being a nation that loves mankind and
offers asylum to the refugees approve and allow those who are trying to
fish in troubled waters applying unethical tactics.
It is said that the cartoonist does not oppose Islam, if its true
what's that makes him to blaspheme the Prophet Muhammad the founder
messenger of Islam.
Do these cartoonists in Europe, anticipate a retardation in the
progress and propagation of Islam or eliminate this faith from this
world for ever?
V. C. H. MOHIDEEN, Gelioya
This has reference to the article written by Wijesinghe which
appeared in the Daily News and subsequent comments by Dr. Dharmawansa. I
have also some experience with regard to sparrow habitation in one of
our relative's house in Matale in the early sixties. I don't know
whether these sparrows are still living there because I am living in
Colombo now.
However, I have noticed recently some sparrows living in a house at
Thimbirigasyaya. You may see some sparrows living along the corridor of
the Laksala building in Colombo Fort.
It seems with the migration of the rural population to Colombo in the
recent past, with the introduction of open economy to the country, all
sparrows have migrated to Colombo.
H. B. KORALEGEDARA, Colombo 1
The open drain sometimes carrying excreta, running along side the
bakery run by the ACWBC is an absolute shock to the customers.
I always make sure that there are no flies on the food I buy at this
outlet, because of this thoroughly unhygienic situation. The food is
tasty and affordable, so this bakery is popular. Sooner or later, as
Ramani Rajapaksha fears in her letter of September 22, there may be an
out-break of cholera, thanks to the negligence of the ACWBC.
I have seen the resident elderly women of the ACWBC eating from the
bakery. What if they fall ill?
M. Hewahettige
I just read the letter written by G.G.J. of Kotte and fully endorse
what he had said based on my experience given below.
I was at my father-in-law's funeral house in Ratmalana till about
1.30 a.m. on January 28, 2007 and was returning to my home in
Kollupitiya when I was stopped at a security check point near the bridge
opposite St. Peters College.
After the security checks were completed, I proceeded towards
Kollupitiya and when I approached the Bambalapitiya flat which was
maximum 500 meters away, I was stopped again and I thought it was for
another security check.
Then a traffic policeman bearing number 10011 (along with motor bike
bearing number 147 - 3537, constable bearing number 49778 and another
who's number was covered with a luminous jacket) came and to my utter
shock and surprise said that I was driving at 81 kmph.
I was actually driving at a moderate speed of about 50 - 55 kmph
right throughout from Ratmalana and it was only about two minutes before
that I took off from the security check point near St. Peters College
which was only 500 meters away and there was no necessity for me to
suddenly increase the speed to 81 kmph.
I am well aware that the speed limit within the city is 50 kmph and
if the policeman said that I was at high speed at 55 kmph or even 60
kmph, I would have accepted it as my fault and ungrudgingly paid the
traffic fine as I know it is their duty to charge offenders.
But when he said that it was 81 kmph and showed his speed camera
(which did not have a date and time indicator) I knew it was a blatant
lie, because as a person who had driven over 300,000 kms in this country
I knew what 81 kmph was.
I therefore refused to accept his false accusation and told him so
and he told me to 'go and tell the courts'.
I had no other option before these corrupt constables other than to
surrender my driving licence and drive off. In my opinion he had the
reading of 81 kmph on his camera probably from a vehicle gone before me
and was showing it to me.
I wrote a letter dated February 6, 2007 giving these full details
addressed to the SSP Traffic but I did not receive a reply. However I
hope that he had taken appropriate action against these errant
constables.
Incidentally G.G.J. Kotte and I have both experienced this 81kmph, me
in Colombo and he in Warakapola. I wonder whether this is merely a
coincidence or something else.
W. P. H., Kollupitiya
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