Friday, 3 December 2004  
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Increase fines for cruelty to animals

While welcoming the upward revision of fines for several offences in the present Budget, including those that have remained unchanged for over 100 years, we note that two important areas where the fines are grossly inadequate have not been included among these.

These are the Cruelty to Animals Ordinance No. 13 of 1907 (a 97-year-old law) and the Animals Act No. 29 of 1958.

The fine for cruelty to animals under the present Ordinance is Rs. 100 for the first offence and Rs. 200 for a subsequent offence. This is a ridiculously low fine today.

We, therefore, urge that the maximum fine for cruelty to animals be increased to Rs. 50,000 for the first offence and Rs. 100,000 for any subsequent offence, in addition to any other penalties provided for in the Ordinance. The said fines to be imposed in respect of each animal subjected to cruel treatment.

The Animals Act No 29 of 1958 does not specify any fine for the illegal transport of animals, leaving it to the discretion of the relevant Government Agent. It is in such transport that animals are subject to a great deal of cruelty.

We urge that the minimum penalty for the illegal transport of animals, without the necessary permit from the Divisional Secretariat or any other required authority, should be Rs. 50,000 for the first offence and Rs. 100,000 for any subsequent offence, in addition to any other penalties provided for in the said Act.

We also request that the fine for theft of animals, especially quadrupeds, under the Penal Code, be substantially increased in keeping with the other increases announced in the Budget, in addition to any other penalties for this offence.

The Law Commission has already prepared a Draft Animal Welfare Act, where it recommends a fine of Rs. 50,000 for Cruelty to Animals, in place of the Rs. 100 fine now provided under the Cruelty to Animals Ordinance No. 13 of 1907.

Judging by the increasing instances of cruelty to animals and the illegal transport of animals, as well as the theft of animals, these changes while bringing in increased revenue, would more importantly help in strengthening Law and Order in the country, leading to a social culture where the Rule of Law prevails.

We therefore urge the Government to introduce the necessary amendments regarding the above at the Committee Stage of the Budget Debate and to amend the relevant legislation thereafter to give effect to these proposals.

SAGARICA RAJAKARUNANAYAKE - President-
Sathva Mithra

The Attorney General's plea

The Attorney General K Kamalasabayson - K. C. came over the national television on the occasion of the funeral of Sarath Ambepitiya, High Court Judge, Colombo on Monday, November 22, 2004. The commentator asked him about the present crime wave in the country and his opinion to arrest this trend.

The Attorney General came out with his opinion and made a plea that he should be given the right to file indictments direct in the High Court at least in some criminal cases instead of going through non-summary inquiries in the Magistrate's Court.

Non-summary proceedings were done away with under the administration of Justice law and re-introduced under the new Criminal Procedure Code.

Non-summary inquiries in the Magistrate's Court takes up all the valuable time of the Magistrate and leaves him with little or no time to hear trials.

Non-summary inquiries cannot be postponed because the accused are in the remand. Therefore, the Magistrate is compelled to take up the non-summary inquiries before the trials.

If it is a black case for the accused, the defence reserves the cross-examination of the witnesses. But if it is a touch and go matter the defence takes all the time to cross-examine the witnesses in order to get a discharge in the lower court itself.

By the time the non-summary inquiries are over, the day is over and all the trials are postponed. This is the cause for the law's delays.

The Attorney General's plea is quite relevant at this time. He had made this plea to the entire country.

There are many lawyers in our legislature, who are in a position to answer this plea of the Attorney General. They should immediately bring in an amendment to the Criminal Procedure Code and do away with non-summary proceedings in the Magistrate's Court in all indictable offenses and permit the Attorney General to file indictments direct in the High Court.

This will eliminate the law's delays and expedite the disposal of trials in the Magistrate courts, as the Magistrate will have the whole day after the disposal of calling cases to deal with the trials.

As far as I can see, there can be no opposition for this amendment in parliament.

M. B. M. Zubair
Retired Registrar High Court

Kandy

Violence

The shattering events of war, killings and violent behaviour escalating in our Nation continue to shock, frighten and sadden nearly all of us - except those violent few whose everyday reaction is vicious action. We have knowledge and skills to calm our society, starting from home base - the heart of the family.

Numerous studies, national/international seminars repeatedly condemn indifferent sluggish attitudes to commonly occurring abuse of women and children; 'road rage' syndrome; dishonesty and abuse in workplaces and especially intimidation of those doing their jobs with integrity and morality.

We cannot allow violent behaviour to rule our lives. Children learn from what they see and hear, so we must protect and nurture them, treat all children as our own. Psychologically damaging toys, guns, etc., must be banned.

Violent television programmes should not be imported. Why wreck this invaluable educational and information resource by glorifying mindless violence, crime and unacceptable sexual behaviour?

Come on, NGOs, Women's and Children's organisations and government institutions help us start neighbourhood teams of capable and committed people to combat this devastation. Working together we can root up and destroy these evils of ruin and decay in our own immediate areas, before we destroy ourselves.

FAITH RATNAYAKE - 
Colombo 5

Bankrupt for ideas

Is the UNP so bankrupt for ideas that the main issue on which they are seeking to fight the Government appears to be the proposal to extend the working hours of public servants?

This decision to extend the working hours is a very good idea which will benefit the public and the country. There are more serious matters like corruption, cost of living, crime etc.

which the UNP can take up without trying to obstruct a good proposal for cheap political gain. The public servants have their own trade unions to fight this matter, if they so desire without the UNP getting involved.

Come, come UNP. Please grow up.

S. JAYAWEERA - 
Nugegoda

The tax net needs a material with plenty of stretch in it

To achieve the Finance Minister's targets someone needs to operate at full stretch. It had not been possible to increase the number of taxpayers purely because no genuine attempt had been made hitherto in this regard by those concerned.

If I am entrusted with this task, within two years I will increase the taxpayers to 400,000 from the present 200,000. However, the Finance Minister should enact the following legislation requiring the institutions mentioned to provide on a monthly basis a list of persons and their Identity card numbers falling under specified criteria to the inland revenue department.

1. Every bank to submit a list of cash cheques over Rs. 100,000 with the name of account holder and the name of persons cashing the cheque.

2. Electricity board to submit a list of residential consumers with a monthly charge exceeding Rs. 10,000.

3. All establishments issuing credit cards to submit details of customers with a monthly bill exceeding Rs. 25,000.

4. All telecommunication service providers for customers with a monthly charge exceeding Rs. 10,000.

5. Registrar of Motor Vehicles to submit owners of vehicles registered.

6. Travel agents to submit a list of customers purchasing air tickets.

7. All international schools to submit details of the head of family of students (annually).

8. All the casions should be required to maintain a register of customers giving the name and identity card number.

I would then build a data base (db 1) of the above with the assistance of a software developer: A data base (db 2) will also be created for the existing 100,000 taxpayers with the income they have declared.

Thereafter, I will match db 1 with db 2 and eliminate the registered taxpayers from db 1. I will then publish the names of the remaining persons in db 1 in a newspaper requiring them to contact me within a week.

On receiving their addresses the selected persons will be called over for interviews. I will hire unemployed Advance Level qualified youth looking for a job that will stretch them to interview the selected persons. I will prepare a suitable questionnaire to be completed by the youth hired.

The details of those who do not respond will be published again and a reward of Rs. 25,000 will be offered to anyone providing the addresses of the persons listed.

In the meantime efforts will also be made to obtain the addresses of these persons from the institutions with whom they have had dealings with. Provisions should also be made to permit arrest of those who do not respond.

This exercise should reveal at least 400,000 persons who are spending in excess of Rs. 300,000 per annum.

Why should the inland revenue officials rely on the individuals to provide information when these can be easily collected direct from the source. Are these people dumb or lazy? Probably they feel they are fully stretched as it is.

At the same time there should be recognition of the taxpayers. The proposals in the budget do not mean a thing to honest taxpayers. Issue an identity card of a different colour to taxpayers. Coordinate with a bank and issue a special credit card. I want the man standing next to me to know that I am a taxpayer.

Issue a sticker to be pasted on the gate, similar to the one that was issued by the municipality for those maintaining a clean garden. I want the gambler next door to know that I am a taxpayer. Issue a booklet containing the names and addresses of taxpayers analysed according to the town of residence.

will the budget stretch enough to hire me for this assignment? The finance Ministry can prove that the prediction of the tax consultant is wrong. Incidentally do they want to give a new look to the tax department.

Display on the ground floor of the tax department the budgeted and actual tax collections. Also the exact number of taxpayers. We are just not in the mood for the national anthem when summoned to appear before the tax man. 

H. T. - 
Ratmalana

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