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Parliamentary representations for the differently-abled

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


Revision of social legislation

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


Goose stepping on Galle Road pavement

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


Improving public transport

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

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