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Bringing the powerful to heel

02 Jul 2021

The governments that came to power in the last seven decades following independence have done so many changes, even though the argument that they could have done far more than they did remains applicable to every government. However, sometimes, more than the high-level changes that concern the country, people find more satisfaction in small changes that directly resonate with their lives. That is why the implementation of laws and policies, not the existence of laws and policies, matters to the general public. Two developments this week, where people of rank faced legal action over serious allegations, may be seen as a welcome sign that things may yet change for the better and restore the people’s trust in the legal system. A member of the Mihintale Pradeshiya Sabha, who was suspected of sexually abusing a 15-year-old girl who was sold online, and an Army Major General who was suspected of being involved in a clash with a group of wildlife conservation officers in Habarana, were recently arrested, and these arrests and the incidents that led to the arrests made headlines. Even though the two incidents have not yet been investigated in full, these arrests themselves are particularly important because of the positions held by the arrestees. In addition to the wealthy, it is the politicians and military officers who are the most powerful people in the country currently, and they are often seen as untouchable. The popular opinion is that the offences these parties commit are most likely to go unpunished. These claims are not without reason, as Sri Lanka has witnessed many such incidents which hint at a cloak of impunity for these segments of society. Considering the number of politicians in the country and former military officers serving in the public sector, the public being concerned about the future of similar matters is not at all an overreaction. As a matter of fact, international human rights monitors too have raised concerns about military officers being appointed to high positions in the public sector, and called it a form of militarisation of Sri Lanka. In the initial few decades following independence, Sri Lanka’s politics and public service had more quality than quantity, and in most cases, suitable people were appointed to suitable positions. Therefore, the public had a sense of safety that they made the right decision when they appointed the politicians that governed them and appointed the public officials that served them. However, that culture has died, and Sri Lanka’s politics and public sector afterwards changed for the worse after the 1980s/1990s era. Unfortunately, it has worsened over the years, as lawmakers who break the law are rarely prosecuted. In this context, even a few arrests that make the public feel as if the law is being enforced properly can make a big change. However, Sri Lanka has seen more cases where the accused parties walked scot-free over absurd reasons, than cases that ended properly. The worst part is, the public are convinced that the nature of the investigations by law enforcement agencies often depend on the social status of the suspects, and there are concrete reasons and experiences that have led to them believing so. Therefore, what can actually restore the people’s trust in the country’s legal system are not arrests, but proper investigations and court proceedings. It is the small steps that lead to bigger changes, and they are necessary to fill the lacunas in bigger systems. However, these changes should be tangible, and that is what many aspects of the country’s existing governing system lacks and requires. The aforementioned two incidents are merely two examples. However, in a context where a large number of such incidents have gone unnoticed, it is a small mercy. The great hope that the common man would have now is that this is the beginning of a change in the enforcement of the law, and not just two isolated incidents which have no significance in the larger scheme of things.


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