On giving the Grease Devils their due
Among the few JVP posters of the eighties I could identify with was
one pertaining to the law. It was something along the following lines:
‘paalakayini, thopilama thope neethi kadanavaanam, evata avanatha
veemata apisoodaanam netha!’ Addressed to the rulers, it expressed the
view that if the rulers themselves break the rules, then there is no
compulsion on the part of the ruled to submit to them.
There are certain things about the concept of law and order that are
timeless. Of course there are no perfect justice systems and there are
no legal systems without loopholes. There is, then, in addition to
clever criminality a political economy of justice. Still, there is a lot
of rhetoric. I remember a song from Nanda Malini’s at-the-time popular
album ‘Pawana’ (The Wind) about justice. Referring to a man incarcerated
for having assaulted a rapist to save the victim, Sunil Ariyaratne pens
the following lines:
Thulaava gena neth yuga benda redikadakin
Neethiye yuwathiya vejabei adanidukin
This can be translated as ‘The lady of the law, blindfolded though
she is, lords over without concern’. It goes on to say that she stabs
men like the one referred to with her sharp sword and vows to kill her
instantly for this unpardonable crime.
Symbol of justice
The law is supposed to be impartial but countless poems and articles
have been written about the blindness-interpretation of this symbol of
justice. Partially blind, in every sense of the word, is what is
implied.
Long years of being besieged by terrorism had made law and justice
take proverbial back seats. Special legislation scripted into the
justice system numerous caveats that allowed the state to go around the
general rules pertaining to the exercise of authority. The elimination
of the terrorist threat has now made it possible for these extraordinary
mechanisms to be relaxed in their application. There is now talk of
removing them altogether. This is good. The end of the LTTE did not mean
the end of criminality. These days we hear of a strange creature called
the Grease Yaka (Devil) doing the rounds and citizens taking the law
into their own hands to deal with people suspected to have violated the
law or are thought to be planning to transgress. The Police has
correctly informed the public that being vigilant does not confer any
right to prosecute and punish outside the judicial system. On the other
hand, it must be noted that this taking-things-into-our-own-hands trend
can very well be a product of the ineffectiveness of the relevant
authorities. Moreover, both the criminality and the
counter-transgression can be arguably justified by the numerous lapses
of errant element among the rulers.
Politicians and law-makers
They say that not only should justice be done, it must seem to be
done. The principle of proportionate treatment and also that of equality
before the law must always be affirmed. Any sloth or perceived
deliberateness in blurring relevant articles can and will be taken as
licence for anyone to blur and thumb nose at the law.
Sri Lanka’s judicial system has had its black days, courtesy
politicians and law-makers. It has on occasion shot itself in the
proverbial foot. It has had bad days and forgettable days, but has not,
by and large, disgraced itself. It is nevertheless under a cloud and
that cloud has many cloud-makers as fathers, from law-makers,
law-enforcers, judges and lawyers to a largely quiescent citizenry. The
Grease Yaka is not some mentally challenged psychopath or random
delinquent with time on his hands, energy to expend and violence to
expiate from system. The Grease Yaka is a slimy creature that prowls all
branches of the state, is an honorary member of the corporate world and
has the incredible advantage of taking on the garb of Mr of Ms Ordinary
Citizen.
State actor
It is easy to pass the buck on the law-maker or the law-enforcer. It
is dangerous to assume one is law-maker and enforcer of course, but
being responsible about such things include the need to adhere to
established procedure, despite its possible flaws, ever agitating for
improvement. The JVP line is valid, but only when all vestiges of
decency and efficacy in the instituted mechanism have perished.
We have seen the principle of equality being blatantly violated, now
and before, the difference being only in the matter of degree.
Proportionality has been violated too. Politicians, law-enforcers,
judges, lawyers and citizens have all gone overboard on occasion.
An individual is not a front and demanding decency from most quarters
does not necessarily obtain it. For the most part, the flawed can get
away by pointing flaw in the pointer. This is all the more reason why
the pointer needs to correct flaw even as he/she objects to each and
every flaw detected in both system and relevant state actor.
We can’t afford to spread grease all over ourselves and expect an
un-greased system to fall from the sky by way of thanks. We cannot and
should not, as citizens, take the law into our hands except under
extreme conditions such as those which make insurrection not just
legitimate but unavoidable. We can and should point out error, name
names if and when we can substantiate that kind of name-calling. It is
not easy being a responsible citizen. It is easy not to be responsible
in a largely irresponsible society for one can easily fade into the
crowd. All the more reason why one should resist such temptation.
www.malindawords.blogspot.com
|