Archives

A timely amendment

Most readers deeply concerned about the local law-and-order situation are likely to have welcomed the news that legal amendments would soon be made to restrict bail in respect of a series of criminal offences. As our news report indicated yesterday, these, offences are of a grave nature and have contributed substantially to the rising crime wave and spreading moral decadence. Amendment of Section 5 of the Bail Act No. 30 of 1997 and the inclusion of a new section 5A to this law, would be viewed favourably, therefore, by those sections which have called for a tightening of the law as regards the granting of bail. Some of the crimes which would be covered by the amendments are, rape, grave sexual abuse, sexual exploitation of children, cruelty to and trafficking of children.

It is quite some time since legal authorities and senior law enforcers along with those concerned about declining moral standards have advocated a stiffening of bail terms as one means of arresting grave crime in the country. Particularly in the case of principal offences such as rape and child sexual abuse, bail conditions were perceived as ridiculously lax, in some quarters. The view has been gaining ground that these light bail terms were a virtual incentive to the perpetration of grave crime because offenders had it at the back of their minds that they could, by hook or by crook, get round the law. A rigorous tightening of the conditions of bail could, therefore, have the effect of depressing the crime rate. By making the criminal pay a prohibitive price for the commissioning of a crime, the law and order situation could be greatly improved.

All this is not to endorse blindly a purely law-and-order approach to the stemming of crime. Adverse social conditions are the breeding ground of crime and societal reform should begin in a major way with the amelioration of these conditions. This, however, is a long-term initiative which involves a multiplicity of sections, such as the home, religious institutions, economic institutions, State social service agencies, the law and order machinery and the educational authorities. In other words, it is an all-encompassing, multi-dimensional project which would probably evolve over a period of time.

While we urge that the State speeds-up its long-term initiatives aimed at stemming grave crime, we also advocate short-term measures such as the tightening of bail terms to meet the current exigencies of the law-and-order situation.

The gravity of the crime situation could be gauged from the fact that Sri Lanka has been on a steady brutalization course over the past two decades. The prime cause for this steady immersion in crime has been the North-East war and we are unlikely to have lasting peace until it is ended. In the interim, no efforts should be spared to stem the crime rot and this is the reason why initiatives to amend the Bail Act should be welcomed.

It is important to remember that today's abusers of various hues and kinds were at one time victims of the same abuses themselves. This is of considerable salience to the crime of child sexual abuse. It is, therefore, vitally important that the perpetrators of these crimes are brought to book as quickly as possible. It would amount to winking at child sexual abuse and rape, if offenders are permitted to enjoy light bail terms.

• Editorial of  The Observer - 28.9.2001:
  Oddusuddan today, tomorrow...?

• Voice of the Sinhala and Tamil Media
  Editorials from Sinhala and Tamil Newspapers
  of 28.9.2001

News | Business | Features | Editorial | Security
Politics | World | Letters | Sports | Obituaries |

Produced by Lake House
Copyright 2001 The Associated Newspapers of Ceylon Ltd.
Comments and suggestions to :Web Manager