Tuition: Help or Bane?

The subject of private tuition which has raised much controversy and debate among the general public has assumed heightened interest especially with the recent poor results at the GCE O/L exams.

Since independence and the introduction of the free education system, Sri Lanka has been known for its equitable education system, high standards of education and a literacy rate remarkable for a developing country.

However, the phenomenon of private tuition introduced in the 1980s has largely changed the education system in our country and created an almost parallel system education to our school education system.

The popularity gained by private tuition classes among students and parents is mainly attributable to the highly competitive nature of our school education system which is based on examinations.

Given the limited resources available and consequently the limited capacity of the Government to provide free higher education, examinations like G.C.E. Advanced Level and Ordinary level have become extremely competitive compelling students to seek the help of private tutors in addition to what they are taught in school.

The trend has not spared primary education in the country which is clear when one looks at the large number of Year Five Scholarship tuition classes held in all parts of the country.

The response of the public to private tutoring has been mixed and varied, with a large majority of students and parents in favour of it another segment viewing it in an unfavourable light.

On the one hand, it is argued that private tuition is a necessity in the present competitive education system where only a handful of students have the privilege of pursuing higher education.

On the other hand, there are many among us who consider that private tutoring has grown into a menace which has deprived our younger generation of their creativity, leisure and childhood.

Write to us on the above issues as we take up the issue of private tuition on Daily News Debate from next month. Send in your contributions (in 750-1,000 words) to 'Daily News Debate', Daily News, Associated Newspapers of Ceylon Limited, PO Box 1217, Colombo, or via e-mail to [email protected] before July 15, 2007.

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A peep into the administration of justice in ancient times

Gamini G. Punchihewa

While analysing the role of law in society in stemming the crime wave let us peep into the dim past when ancient kings ruled over Lanka how such laws were put into effect.

Gleanings from Chronicles: The first such village tribunals came into existence in the epic reign of king Panduvasudeva of the 6th century BC.

Then came the next period of king Dutugemunu's reign in the 2nd century BC where he had established village tribunals in different parts of the country. Even Defence Counsels were assigned to the accused, when such trials were held.

Three Types of Courts

In the reign of king Nissanka Malla, of the 12th century A.D., he had decreed in the Galapatha Stone Inscription Slab for the establishment of the Dharmadikaranaya for the due administration of the law, as referred to in the Epigraphia Zeylanica, Vol II - page 11.

In ancient Lanka there were three categories of Courts in the administration of justice. They were the Legislative (Vyavusthawa), the Executive-Sutra), and the Judiciary (Vinici Adhikaranaya). The king was the legal custodian of such Law Tribunals/Courts.

The President of such Courts was named Sahapathi. The Court of Appeal functioned in the name of Maha Vinici. Even a Supreme Court had existed which was referred to in the Sithulpauwa Stone Slab Inscription dating back to reign of Gaja Abhu I, of the 2nd century A.D. in Ruhunu Rata. The Judges of all these Law Tribunals had such Courts appointed by the king, removal of errant Judges vested with the king.

As far as the Appeal Courts were concerned, such appeals submitted by aggrieved parties were segmented into on the status quo of each such Law Tribunal/Court where the appeals were to be heard. Such procedures were thus: An Appeal against its decision had to go before the Provincial Judge. Any further appeal against its decision had to go before the Minister of Justice.

Still any further appeal against its decision had to be placed before the King. A Bench of Judges was appointed ranging from three to eight to hear them, depending on the weight of the contending issues.

Edicts of such proclamations were etched on stone pillar slabs with reference to a personage named as 'Dandanayake', one who was in charge of the administration of the Provincial administration of Justice, in respect of the Provincials concerned.

Such officials holding the office were drawn from Army Personnel designated as 'Senevirada.' The administration of Judicial laws of the respective jurisdiction solely rested on the shoulders of these 'Dandanayakayas'.

Such edicts of such proclamations relating to these 'Dandanayakas' were found in the Badulla Stone Pillar Inscription dating back to the reign of King Udaya in the 13th century A.D. This pertinent reference is mentioned in the Epigraphia Zelanica Vol. III - pages 78-80 and also in the Kondawatuwana Stone Pillar Inscription Ampara (Gal Oya Valley) with reference again to Epigraphia Zelanica - Vol. V. page 137, lying in the Ampara district.

The well known historical story narrated in the 'Mahavamsa' of the Tamil king Elara of the 3rd century B.C. refers to a bell that was hung over his bed - head. It was connected to a long rope which was attached to the entrance of the palace.

It was meant to any subject who had some injustice meted out to him, had only to pull the rope to alert the king to seek re-dress. Among the other kings who were legal custodians was Voharika Tissa of (214-30) A.D. He was called the 'Law Giver'. He enacted laws prohibiting the bodily infliction on wrong-doers. In the regnal years of Dapula I, of the 7th century A.D. was well recognised for his fairness and impartiality in the administration of justice.

Parakrama Bahu II of the 12th century A.D. had the expertise of law enforcement. An edict protecting wildlife conservation had been recorded in the reign of Gamini Abhaya in the 1st century A.D. He had decreed that no wild animals should be killed in the whole of the island.

Death penalty in ancient times

So much so for administration of justice in ancient times. In respect of the proposed re-introduction of the death penalty for homicides committed, let us now peer into the dim past of the monarchy times how crime and punishment had existed and the modes of death penalty imposed on such offenders of murders.

For committing murder, the punishment was death which was carried out in public thus:-

i. Public execution by beheading or hanging,

ii. Execution by an elephant (a tusker) in public.

In this respect, Robert Knox in his "Historical Relation of Ceylon" (1681) has vividly described the ways the death penalty was carried by elephants (illustrated with lively drawings), thus:-

"The king made use of elephants as executioners: they run their teeth through the body and then would tear into pieces and throw the limb. They have sharp iron with a socket with three edges, which they put on the teeth, at such times, for the elephants that are kept have all the ends of their teeth cut to make them better and they grow out again."

(ii) Impaled on the stake. The impaling on a stake was carried out - to say in his own words "This place is always in the greatest Highways (Maha Margaya), that all may see and stand in awe". While such so executed were thrown to the dogs for their consumption, as well portrayed in the drawing (reproduced below).

(iii) There was another torture for putting a felon to death and that too was for treason and acts against the king.

Here the victim was buried alive with his head only peeping out, when wooden balls were hurled at his head till he succumbed to its painful torturing to death - till he was drowned.

In some instances, such criminals were immersed in a tank or in some water body. Wooden balls were thrown at his head which he had to keep on ducking and finally drowned in this most cruel but tantalizing way to death! This method of drawing to death is described (with an illustration reproduced) from Phillpus Baldus's book titled "A True and Exact Description of Ceylon" (1672).

There was still another way of putting a criminal to death by inflicting on his severe physical and mental pain. All of us could recall with horror the awful but excruciating method of trying the sentenced man between two arecanut palms (puwak), which were tied together.

Here the two arecanut palms were joined together at their apex. The victim's legs were tied at these ends when the knots of these two connected points were untied. the victim was torn from limb to limb!

Other form of death penalty

In certain cases of murders, the murderers were chased out of the village later arrested outside the precincts of the villages where the murder was committed. Yet in other instances, they were tried in courts or Tribunals and sent on exile.

There provisions made for the Royal Offices to enter the villages and apprehend the suspects. Such offences related to the perpetration of the crimes listed as murders, robbery, cattle thieves, and the slaughter of cattle. Here are some atrocious methods of punishment meted out to convicted persons for committing various crimes in archaic times:

i. House breaking - the thieves had to restore the stolen property, while hard-core criminal were hanged after trial.

ii. Penalty for killing oxen. The punishment was absolute death. Cattle thieves were branded under the arm-pits.

Death penalty for killing a tusker - elephant. Under the present laws of the Fauna & Flora Protection Ordinance killing of an elephant or a tusker the penalty is a fine of one lakh of rupees or imprisonment or both. Those cattle rustlers who effaced the brand marks on such stolen cattle were compelled to stand upon red-hot iron plates!

If suicides were committed in the village, the whole village was fined a certain amount of kalandas, if such wildful cats of taking their own lives happened in a forest or some uninhabited place by people, then no one was held responsible for them.

Then another stringent feature of law enforcement was the identification of outsiders entering the villages. It's failure to do so, the Royal officers while on their routine circuits to the villages such offenders were severely dealt with by them.

For in olden days, a temple village was administered by the Buddhist monk through the good office of the Royal Officials and wardens of the law like those Dandanayakas mentioned earlier in this articles.

pictures taken from Robert Knox's Phillipus Baldacus's books.

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Bring back death penalty to curb brutal killings

Rex Wijewardene

Tragedy: It was not many moons ago, that the country was awaken to the shocking news of the Hokandara massacre, where a family of five, were done to death, in a most gruesome manner, over a land dispute. In the wake of this tragedy, another heinous crime of the same magnitude did surface recently at Delgoda.

The irony is that these five victims, including two innocent children, were hacked to death over a dispute regards a block of land, just fifteen perches in extent, what a price to pay for these brutal killings.

The ruthless contract killers, carried out their gruesome crime for the greed for mony, they were immune to human feelings. These crimes' cry to the heavens for vengeance. There have been many letters addressed to the media, focusing on the bringing back of the death penalty, which had fallen on 'deaf-ears.'

In the wake of the brutal assassination of the highly respected Colombo High Court Judge Sarath Ambepitiya. The then President gave the green light to bring back Capital Punishment, at the request of the B.A.S.L., who were moved by the tragic death of one of their colleagues.

In the light of it, the Prisons Department went to the extent of acquiring a new Hangman's noose. The former hangman, made way for his son, and everything was in place to proceed with the executions, the irony is that it never saw the light of day. These brutal killings continue unabated.

It's high time the Government realise the gravity of the situation, its duty bound to protect its people from being victims of such brutal killings. The only way of this calamity is to bring back the death penalty.

There may be a few who hold a brief for these criminals. They don't realise the sorrow and anguish of the loved ones of these victims, they themselves got to live through it, to feel the nightmare they have to live with. In this backdrop let sanity prevail and the Government brings back the death penalty, failing to do so would be disastrous, enough is enough.