(Lanka-e-News -15.Oct.2015, 9.30AM) Ms. Khema Swranadhipathy a most honorable judge of rare integrity and courage of the special high court , Anuradhapura speaking to Upali Ananda of Lankadeepa newspapers made the undernoted comments that should open wide the eyes of the stupid , blabbering , bragging and bluffing Sri Lankans living in tropical Sri Lanka (SL) who threw away the hats introduced by the ‘Whites’, but still wearing their neck ties and coats, thereby sweating profusely.
These are the Sri Lankans who even give the meal that belongs to their children to the thattaya racist monks solely because of their respect for the saffron robes, and boast of a 2500 years history of Buddhism, and 90% rate of literacy. These are the stupid Sri Lankans while in tropical Sri Lanka sport the borrowed ties and coats of the Westerners of the cold countries , yet , after going to the cold regions of the Westerners wear a sarong, brush their teeth and gargle their stinking mouths to keep smiling , while wiping their nasal discharges with a handkerchief only to thrust that into their own pockets.
The announcements made by this honorable judge becomes most relevant and important because she made her comments fearlessly, frankly and forthrightly before a nation that does not openly speak out its faults owing to their backward, barbaric, overly arrogant nature stemming from their ignorance, and therefore will never ever rectify themselves. The exposures and critical analysis of honorable Ms. Khema Swarnadhipathy marks a welcome beginning to make the nation to have a clear conscience and put them on the right track in their thinking, ideas and ideologies. Indeed,that is what good governance truly should stand for.
In the latest cases filed in the Anuradhapura special high court , over 25 of them relate to sexual abuses committed on children by fathers, brothers of fathers and uncles. More than in the towns , these child abuses occur in the villages , the Anuradhapura special high court judge Ms. Khema Swarnadhipathy bemoaned.
''In the dry zone specially there is a greater potential for children to be subjected to this kind of harassment. There are many reasons for this.
The main reasons are : illiteracy of the parents, allowing the children to work as child laborers, under aged marriages, child birth without planning , and poverty.
These children who fall victims to these crimes are often subject to these evils more than once. They have no opportunity to reverse the victimization. They don’t even have the ability to rectify their errors. Due to the various branched off cultures in the country , this situation is escalating. The under aged marriages is now becoming a matter of routine among society.
In a child molestation case , an aachchi (a grandmother) told in court , that is a family issue , and there is no necessity for courts and government Institutions to intervene. The accused and the victim were of the same family. In some instances , such groups even do not come to court . Some of these children come to town for the first time only in a case like this when attending court.
These children who are living in remote villages are in dire poverty , They even do not know about hygiene , cleanliness , latrine and toilet usage. Because they are aloof from ordinary society , they do not even know they are being subjected to sexual molestation. Owing to this ignorance , it is nothing out of the ordinary to them.
In most cases of sexual abuse , the child complains to the mother or grandmother who brings her up. During the court proceedings , it came to light these mothers have told the victim , that is the way fathers are. There was another case where a daughter was continuously sexually abused by her father. That victim was hospitalized only after she had become pregnant. This victim had already revealed the father’s sexual abuse to the mother. The latter’s answer to the daughter was : ‘fathers are like that.’
There are also cases where the father has raped his daughter with the knowledge of the mother. By the time the victims appear in court, many of them have forgotten the incident. Such cases are filed in court usually after at least a year and half have elapsed. When this court was commenced , some cases before it were relating to crimes committed about 15 years ago. It is imperative and important that the evidence of the victim is elicited by court cautiously without hurting the child or harming her frame of mind.
Some children are scared to give evidence in open court. In cases like that it becomes necessary sometimes for the judge to take the child on to her laps and note the evidence, or to keep the child at the door corner and make the victim give evidence. Because the child is isolated , the child disgorges all the facts clearly.
Children who have faced various sexual victimizations , coming to courts from far away places , have issues because the probationary officer does not duly attend courts. Many of the small children who have fallen victims to sexual abuse arrive in court with the witness. In such cases the witnesses are not taken into the court.
In advanced countries , the judges of courts hearing juvenile cases even change their dress code to please the children. Most children have a phobia for lawyers’ dress. In such instances the lawyer has to come to court sans his professional cloak. Some children have a fear of open courts. Children who have been sexually abused by the father is scared to give evidence before him. In such cases , it becomes necessary for the court to cover the dock with a special curtain. Children are also frightened of mounting the witness box. Because of these situations , the courts must create a most favorable environment for children in this era of rape and sexual abuse of children.
Children are an asset to the country. The guardians are responsible for their destiny. They can meet with various mishaps , but this crime is not an accident. In advanced countries , in mishaps like these, cases are filed against the parents too.
From childhood these children are taught to say ‘yes’, never are they given an opportunity to challenge. Their views are stifled and disallowed to grow .The children from the time they start schooling they are taught to tell lies. They are not permitted to follow the subjects they like. Therefore it is these children who are disappointed and disillusioned with life who become social outcasts.
Sex education should be imparted to the children from year one. Today , technology and medicine are highly advanced. Children who are subjected to this fate must be counseled to boost their mental state and equilibrium.
At the conclusion of a case , the accused was ordered to pay compensation to the victim . The latter did not arrive in court on the stipulated date to collect the compensation. When it was probed , it was discovered that because the daughter of his own sister was raped by him , he is in remand custody .
In another incident in which a five years old girl was raped , the court was informed by the victim ‘he loved me’ . That is how the rape was described in court. This is all because of lack of sex education.
Inventors like Graham Bell, Thomas Alva Edison , Isaac Newton and many scientists of the world were not very bright students,yet their parents mounted all the adversities and put them on the right track.
In our country , students who are incapable are just neglected in the class. Thereafter some children who could not make a success of their formative years , turn hostile and feel jealous. Though laws are enacted and courts are created , those are not enough. More attention should be paid to education .
If the society is to be developed from village level , grama niladhari, family health officer and all related government officers ought to discharge their duties duly . For every wrongdoing , law has a puishment to mete out.Yet , death penalty has still not been introduced as punishment for criminals found guilty by court in child abuse .
Law has a punishment to those found guilty by court of child abuse – it is rigorous imprisonment not below 7 years and not exceeding 24 years . The law , in addition has provisions for compensation to be paid to the victim by the accused.
If the victim of sexual abuse is also murdered ,and if the accused is found guilty of both offences , death penalty can be imposed . That is, the accused becomes liable for death penalty only if the charges of murder are also proved.
The judge is bound to dispense justice . It is not the duty of the judge to turn critical against the statutary enactments.The power to make a critical examination is vested only in the Supreme court.
The Anuradhapura special high court judge Khema Swarnadhipathy drew attention to the fact that the death penalty that is legally existent currently has not been withdrawn either constitutionally or by the SC. Therefore after a high court case is heard and concluded , it can be decided whether death penalty must be imposed or not.
This high court judge of rare dignity and honor while emphasising death sentence is still valid in law , said, if the judgment is not acceptable , an appeal can be made to the appeal court , she pointed out.
With thanks to Upali Ananda (Lankadeepa)
Translated by Jeff
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by (2015-10-15 04:19:49)
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3 discussion on this news
The Sinhals are nothing but a paranoid and pernicious race of odious vermin with no redeeming features whatsoever - what can you expect
-- by Cassandra on 2015-10-15
Only the law cannot deal with these problems.
Socio economic education and a strong spiritual guidance and counselling, should be available for a society to flourish.
In 1978 we got an open economy with it Sri Lanka evolved to be a market driven society, with little emphasis on human values.
If the leaders and society in general does not address these issues the situation will get worse.
The marginalised sections of society should be supported so that they can develop to their full potential.
Today what is happening is that the poor are being exploited and the rich are getting richer and more and more corrupted.
There should be an emphasis on holistic development not only on economic development.
-- by Colombo Man on 2015-10-16
Why specifically mentioned as Buddhist history ?????
-- by Dhammika on 2015-10-16
