In a country where at least 10 per cent of the population is disabled
or handicapped either from birth or subsequently by injuries sustained
by accidents and civil wars or infections such as Polio, Meningitis
etc., it is a telling indictment of our democratic norms that such a
large constituency is not represented in Parliament, though parties with
narrow parochial interests, representing smaller constituencies, are
given adequate representation to foster their interests with gusto.
Although, advanced laws have been passed, by Parliament for the
protection of the rights of disabled, there has been no political will
to implement such laws despite the various lame duck bodies (white
elephants) set up under the Disabled Persons Act, No 28 of 1996.
Hence the need to ensure that this large constituency - comprising of
about 1.5-2 million households - is represented in Parliament, to
strengthen the political will to implement the laws which up to now have
been confined to a few pages of the statute (Act No 28 of 1996).
As this constituency is scattered throughout the country, unlike
other smaller constituencies which are confined to certain electorates,
districts or Provinces thus enabling them to get adequate representation
in Parliament.
due to their disability, the time has come for political leaders to
take Cognizance of this fact and reserve 1-2 shots of the National
lists, allotted to each party, to high achievers of this constituency.
If UK could have appointed a visually handicapped person as the
Secretary of Education (Minister), why can't we after 57 years of
gaining Independence do so?
P. B. N.
Dehiwela
Law is an index to standards of public conduct as it defines
boundaries which when transgressed are dealt with by-law enforcement and
Judicial processes. Thus the state of law, its acceptance and
enforcement could be said to be a reflection of the quality of a
society's culture especially towards its weaker and defenceless members.
Sri Lanka has been fortunate in inheriting a mixed legal tradition of
Kandyan Law, Muslim Law, Thesawalamai and Roman Dutch Law. To these have
been added English Law from the advent of British in 1800.
However the system of law which is expected to keep up with
political, economic and social changes varies, very much in its pace of
change as between social and other sectors. There is much more rapid
change in the other sectors than in the social sector.
The social sector in a narrow sense refers to protection of rights
and welfare of children, young persons, women, disabled and elders.
These laws include areas as substance abuse, juvenile delinquency, child
abuse, violence on women and even cruelty to animals as they encourage
other ways of violent behaviour. In a broader sense, social legislation
would include services in education, health, community services and
standards of public and voluntary services.
To go back to social legislation, many of existing legislation in Sri
Lanka in vagrancy and sentencing to House of Detention, Brothels
ordinance and the Poor Laws hark back to obsolete legislation of the
United Kingdom which have been replaced or transformed to other
measurers decades ago.
Thus some of our existing social legislation remain where the tides
of history have left them. No Government, civil society or NGO have
urged for their changes effectively. One the other hand even activists
in animal welfare, have campaigned successfully for amending the Cruetly
to Animals Act No. 1907 while some of our social legislation of these
vintage remain unchanged.
Social legislation needs to keep pace with changes in other areas of
political economy, business, communication etc. Otherwise social
progress would be retarded or remain lopsided and have an adverse effect
on the large section of the population.
Over ten years ago a core group from the Central Council of Social
Services were led by Emeritus Prof. Laksiri Jayasuriya of University of
Western Australia, to undertake the firstever revision of social
legislation in the country.
The text was professionally finalised by Prof. (now Justice) Shirani
Bandaranayake and sent to President of the Central Council of Social
Services which has a history of over 50 years on the country. However
with the demise of the Council, the document has been irretrievably
lost.
The urgent need for changes in the Law were highlighted in the
Observer Report of 19/9/2004 quoting a Human Rights Committee report on
the House of Detention. The House of Detention was established under the
House of Detention Ordinance No. 5 of 1907 to accommodate Vagrants,
prostitutes sentenced under Vagrancy Ordinance (1841).
The institution now known as 'Meth Sevena' was administered in the
early years by the Salvation Army, the Department of Social Services
(after 1950) and now the Western Province Council - The report by a
Human Rights Committee referred to the Centre as a 'Hell Hole' with
inmates incarcerated for indefinite periods.
From my experience, in the Department, I wrote to the Press and to
Consortium of Humanitarian Agencies to initiate changes in the above
laws. Dr. Hemamal Jayawardene, Co-ordinator National Centre for studies
in Humanities and Social Services, University Grants Commission has
already published academic studies on need to regulate the sex trade and
control of Aids. (CDN 09/12/2004).
The above accounts provide sufficient information for a critical mass
to develop with support of Civil Society to press for urgently needed
social changes which could motivate moves for reviewing inappropriate
and obsolete social legislation in this country.
J. V. THAMBAR
Colombo 4
The average working man's promenade, the pavement sidewalks of
Colombo Galle Road stretches (Mt. Lavinia to Fort) is a lamentable
pathetic story indeed for the folks pursuing 'Constitutional and doctor
prescribed' walks, - the only recourse being the pavements is a sorry
alternative too - the health fad nor the convalescent can ever expect
any measured sustained walk 'work - out'.
Apart from the constant 'project' diggings, potholes and the
irregular haphazardly-paved concrete slabs, uncleared hardened
imperceptible innocent-looking concrete mounds left unscrupulously
outside shops after some building work inside by various shop owners
also adds to the misery and inconvenience of pedestrians.
This same uncivic-minded business people also have their wares
overflowing onto the pavements further obstructing smooth movement. The
authorities should take action. Ironically, a glaring example of a lapse
by the authorities themselves can be seen at the very busy bus stand (Mt
Lavinia and Maharagama route No.138) opposite the Regal Cinema Colombo,
which has many unfinished concrete mounds with deep gaps to the hazard
of commuters. The authorities checking road pavings regularly with
repair crews should be a 'must'.
We still await the streamlining planned and promised by our Mayor on
assumption of duties years back.
W. MEADOWS
Dehiwela
Public transport is a very important necessity to the public which is
also closely connected to the development of the country.
Sri Lanka is an under-developed country of the Third World which
needs an efficient public transport system.
Today the private bus monopoly has become entirely a mess and a
menace to our people and the country. Amid such a worst situation it is
very glad to hear the news about the establishment of the CTB from the
Government side. This is very warmly welcomed by the masses.
The re-establishment of the CTB must be implemented very soon without
any delay. Also we wish to draw attention of the authorities concerned
to give priority to the below-mentioned points:
1. Bus commuters associations must be formed on divisional secretary
area levels with the assistance of the Ministry of Transport.
2. Stern legal action must be taken against drivers those who drive
vehicles after taking liquor.
3. The unlimited loading of passengers must be controlled. (Checking
must be done by flying squads).
4. The speed of vehicles must be checked properly at check points.
5. The passengers must be taught about their rights and duties.
K. KARUNADASA
Kadawatha |