Obligations of JPs at a time of peace

H. M. M. Niyas

The significance of 8th day in the month of February is that it was on this day the title of the 'J.P.' (the Justice of the Peace) was for the first time conferred. 'Her Majesty the Queen Elizabeth II of England preformed the honours!'

A number of our yesteryear leaders tried to solve the ethnic issue that had been devastating this country for the past several decades. But none of them could achieve noticeable success in their toil. Then President Mahinda Rajapaksa assumed the high office with the unwavering resolve of ending this cancerous menace and then walking the nation in the path of his 'Mahinda Chinthana', the President, who was fortified with people's support and the clout of executive presidency ultimately succeeded in his chosen mission with unprecedented glory.

Foreign armies

Now the war has ended. However, the entire nation yearns for a untied, peaceful country. In such a backdrop, JPs who have 'Justice' and 'Peace' ingrained in their designated post, should engage in soul searching on what they have done to help establish peace in this country.

In the meantime, I think it is appropriate to briefly look into the history of origination of this post.

Since 1505 to 1948, Sri Lanka had been constantly invaded by many foreign armies including armies of Spain, Portugal, Holland and finally by Great Britain. Englishmen ruled us from 1815 until our independence in 1948. Granting of posts of JP in this country was started by our former English masters during the final phase of the colonial period in Ceylon.

The customs originally began in the United Kingdom during 1804 and to be more precise on February 8 of that year. British Throne gave away this honorary title to chosen citizens who had displayed gallantry in commendable ways with dedication in matters such as conciliation, arbitration and appeasing unrest among people etc. The grant generally took place during New Year celebrations as well as during birthdays of eminent members in the royal clan.

It is Queen Elizabeth II who gave away the firstever JP post to a Lankan in the departing year of the British Raj in 1948 and on February 8 the very day the custom originally commenced back in England over a century before. Even after the last of the European masters left the island for good the custom continued to prevail here just as many of their other traditions did. Subsequently, in the Independent Ceylon, it was further fortified with a Judicial Act. No. 78 and later some amendments were added to it in 1978 by the Act No 2. Appointments, dismissals and discharges are being executed according to this Act until this day.

Geographical limitations

JPs have an obligation to limit their service to the district to which he or she has been appointed and also they are required to notify any change of residence to the Justice Ministry, especially if the relocation is to a different administrative district other than their own ones. However, this rule is not relevant to those who are appointed for the whole island. Also, they are required to be vigilant about the documents they certify and the recommendations they make and the affidavits they endorse. They also have to be very observant of the jurisdiction of their authority and never to surpass their geographical limitations. Moreover, JPs are not supposed to demand any fee for their service. It is also required from JPs that they conduct an unblemished lifestyle as best as possible steering away from controversial issues in their respective regions.

It is obvious that Sri Lanka has been in dire need of efforts of conciliation and arbitration for the past several years than the United Kingdom would have ever needed. Therefore, it is worth questioning what kind of reconciliation efforts our JPs were engaged in comparison to their British counterparts. Disunity, suspicion, hatred and other negative attitudes prevailing in this country ultimately paved way for a three-decade long armed struggle that pulled back this country twice as many decades economically and from a development point of view while our smaller neighbouring states acquired enviable prosperity over that period in their stride.

Effective mediators

It is true, that the authority of service of our JPs are limited to certain areas and that they do not have the same clout the English JPs had but still, the available authority was sufficient to do at least some service to the nation from a conciliation point of view. Their popularity among people would have made them very effective mediators and peace-makers had they hurled themselves among people whenever a spark of disunity appears among them. Moreover, JPs are very well placed to mobilize people for just about any common activity as people have a natural tendency of obeying their JPs.

To be truly effective, JPs too should be impartial and should place the national interest on top of their list putting aside personal, lingual, communal, material and ethnic inclinations. The JPs also could pledge their support to the government institutions as well as other independent organizations, that are working for peace and reconciliation. In fact, JPs could do a whole lot of service within their power if they are prepared to liberate themselves from their mindsets of only serving the politicians who engineered their appointments and limiting their service to just signing character certificates and affidavits and pocketing few illicit remunerations as it happens in many cases if not all.

National reconciliation

Incredibly, it appears that people from just about every walk of life in this country have done something for the re-establishment of peace in this country but JPs. Ironically there is no shortage for unions and societies of JPs in Sri Lanka. They are being held with much fanfare. But when you take the aspect of meaningful contributions there is almost none.

Should this situation linger indefinitely? Or should the JPs get together and think how they could be useful citizens to their Motherland, especially, when she needs them most? Do not the two words 'Justice' and 'Peace' that adorn the designated name of their own post inspire them enough to stand up for the preservation of those vital requisites of the country?

Sometimes, matters raised on this account could have made some people uncomfortable. But the intention is not hurting anyone's pride or feelings. This is an honest effort at kindling the thought of a special group that has responsible task on its shoulders. It is time JPs of our country started contributing to national reconciliation in a more meaningful and collective way. Then only it would be an indication of gratitude to the nation for adorning them with this prestigious posting.

What can be done?

All the Justices of the Peace in Sri Lanka should come under a common umbrella to stand as an influential force. Participation and assistance of intellectuals and experts in other outfits too can be sought to find the best ways to launch our activities in this regard. Constant and nationwide as well as regional dialogues, discussions, workshops, seminars etc should be held periodically to review, analyze and evaluate progress as well as to plan future activities and to determine best ways to invest the abilities of JPs to help establish unity and reconciliation among communities and to contribute for the general development of the country.

Higher institutions

In the meantime, the government too should broaden the jurisdiction of service of the JPs, enabling them to better serve the nation and also to eliminate the negative outlook the general public has about this post and restore it to its rightful dignity. Moreover, the JPs should be amply empowered to arbitrate in issues in their areas with a decisive power without bringing them to higher institutions, such as, the Police, if it could be effectively helped.

As it was implied elsewhere in this essay 'Justice' and 'Peace' is contained in this prestigious designation and the JPs should come out of their hibernation and work to revive these key needs of their country in an any and every way they can.

Therefore, let us stand up with renewed gusto and work, making up for the time we lost in inactivity.