Landmarks for change

Thursday, 19 May 2011 00:00 - - {{hitsCtrl.values.hits}}

HISTORY was created on 18 May 2011 when the first female Chief Justice of Sri Lanka was sworn into office. Dr. Shirani Bandaranayake is a name familiar to most Sri Lankans and will now be irrevocably inked into the memoirs of this country. At such a crucial juncture it is important to take a look at the larger picture and understand whether the rule of law functions as it should in this paradise isle.

For most average people, law and order is in a sad state today. The legal courts are overflowing with cases and even though Sri Lanka’s lawyers have been vibrant in gender balancing their profession, with some sectors actually having more female lawyers than male ones, the respect that people have for the law is fast declining.

Bribery and corruption is rampant from the highest to the lowest echelons of society with a fast-growing environment of impunity. Crimes are not addressed and even those that do make it to the courts are not dealt with adequately in some instances. The spirit of the law is often ignored and humanity is lost in the many processes.

Jails are in an even worse situation with depleted resources and minimum expertise to rehabilitate prisoners and return them to constructive roles in society. Underage criminals are perhaps the most vulnerable in this instance and giving them a second chance in life before it is permanently too late is often impossible. Children born to inmates begin life handicapped and support for them to live beyond this stigma is almost nonexistent.

Prisoners receive their fleeting fame when they are released on parole on national holidays or jailed for some heinous crime. Few people have the time to care about what happens to the thousands of people who are jailed annually in Sri Lanka or to understand the nuances of the law. One thing that they do know, however, is that the capacity of the courts to render justice has depleted for many reasons.

As with everything else, the law too must evolve; new technologies and schemes are forever growing in the world and the law must be equipped to protect people from these adverse advancements. Existing laws also need to be simplified and upgraded so that perpetrators are dealt with in line with the new conditions in society. More attention needs be paid to rehabilitation and giving formerly incarcerated people a chance of redemption.

The death penalty is often tossed around as a way to mitigate crime; but studies have shown that crime rates do not decrease significantly from its enforcement. Also, the humaneness and ethical concerns of the death penalty must be considered as well. All these issues lead back to the need for an effective system of law that serves the people.

An advent of a new Chief Justice is a time not only for retrospection, but also a chance to right these wrongs. It is the chance for positive change at least to a certain extent and will be far more effective in recording Dr. Shirani Bandaranayake’s tenure rather than the simple fact that she is female. As Margaret Thatcher once said, if you want a job done, then give it to a woman – perhaps it is time for this to be proven true.