21 September, 2020

Blog

Mr. President Please Re-Introduce The Death Penalty

By R.M.B Senanayake

R.M.B Senanayake

R.M.B Senanayake

President Sirisena has announced that he is considering the re-introduction of the death penalty. It is a very timely decision indeed considering the heinous crimes committed daily in our country. The President will be remembered for this salutary decision if he implements it forthwith.

Man fears death more than anything else and the more heinous the death the greater the fear. This is probably why the ancients resorted to methods of killing criminals which we think today are heinous. Nothing else concentrates the would be criminal’s mind so much as the probability of punishment for his crime. If it is death then he would be more deterred from committing the crime than any other consideration. Fear of going to hell is no longer there among our people. Although all crimes are not pre-mediated yet many brutal and vicious crimes are committed after a process of thinking although the thinking is largely about how to escape being caught. The greater the probability of getting caught and punished the greater the deterrent. Similarly, the greater the punishment greater the probability of deterring the crime. The only argument against the death penalty is the probability of human error in the process of judgment and conviction in courts. But our law and legal procedures are heavily weighted 9 in favor of the accused that this probability is greatly reduced. The Judges too will impose the death penalty with caution and confine it to pre-mediated murder. They too are more likely to weigh in favor of the accused and give him the benefit of the doubt. So we need not worry too much that an innocent man would be hanged. The probability is more that a criminal who deserves the death sentence may go scot free or get a lesser punishment than the death sentence which h deserves considering the nature of the crime. According to the former Chief Justice Sarath Silva only 4% of those accused of crimes are convicted. In Japan it is 97%. So here lies another problem- the low rate of convictions. But it reduces the risk of an innocent man being hanged.

Vidya Sivayoganathan*Our women and girls are wantonly raped and killed as the incidents in Jaffna and Kahawatte have shown. Picture – Vithiya Sivaloganadan, raped and ordered in Jaffna

The EU is known to oppose the imposition of the death penalty. But the USA carries out the death penalty and so does China. The EU countries indulged in mass slaughter during two world wars. They are also more humane but this humanness is not a product of the lack of the death penalty. Each country’s circumstances are different and the history of crime and crime control show how many countries depended on the death penalty as a deterrent to crime. The Bible of course refers to God forbidding the killing of Cain by any person although he had killed his brother Abel. But the ancient Jews did carry out the death penalty. Stoning a woman caught in adultery was prevalent until the time of Jesus Chris who put an end to it. The Muslims still stone women to death. The Sharia is based on the ancient principle of an eye for an eye and a tooth for a tooth. We can condemn these practices sanctimoniously but their deterrent effect to commit crimes is not in doubt.

Let us not mix religion with the practical conduct of affairs of the State. Our ancient Sinhalese kings carried out the death penalty despite the religious teachings in Buddhism. In fact they carried it out in ways that effectively struck terror to those committed the crimes. Modern men may consider them brutal but their deterrent effect is not in doubt for it is said a woman could freely across the length and breadth of the country. We have to be pragmatic and judge by results rather than by religious precepts. The argument against the death penalty is that the State has no right to do what it prohibits others from doing and considers killing a crime. True indeed but this is the sphere of religious teachings.

Let us consider the practical reality of our society where drug dealers, rapists and other assorted criminals are resorting to them with impunity. The legal system is heavily weighted in favor of those who spend money to save themselves from judicial punishment. Our women and girls are wantonly raped and killed as the incidents in Jaffna and Kahawatte have shown.

Yes Mr. President please order the implementation of the death penalty immediately and restore at least some order and law in our society . It is not a perfect deterrent but more effective than what prevails today where there is life imprisonment where the State has to feed the prisoners for a long time.

Print Friendly, PDF & Email

Latest comments

  • 4
    2

    Absolutely agree. Do it.

    The fear of death is the only deterrent that will cow down cowards such as those who destroyed this lovely girl. Every right thinking mother and father will weep for this death.

    This country needs a pretty thorough clean up of all undesirables, starting from the parliament.

    • 4
      2

      R.M.B Senanayake,

      What about all the heinous crimes committed during the former president’s rule?

      Are they not subject to any punishment, let alone the death penalty?

      Impunity of the state and the ruling politicians set the example and the citizens are following the same path. They also hope to get away with it by some means.

      Remember the prime minister of Britain had to intervene to set Sri Lanka prosecute the rape and murder of a British citizen’s girl friend by a powerful politician in the South?

      If the rulers are not honest, how can you expect the application of the rule of law evenly to everybody from the top to bottom.

      Even in today’s government it is common knowledge that there are criminals in the government ranks.

  • 8
    2

    Death penalty is not the answer to stop crimes and criminals.

    This has been proved in many US states that continued to impose death penalty for serious crimes. That is the reason why many US states have now abolished death penalty. The latest to do is Nebraska which became the first state ruled by the Republican Party to abolish death penalty. It is inaccurate to say that “USA carries out the death penalty”. Some US states still continue with death penalty but 19 US states have so far abolished capital punishment.

    Even President Sirisena has joined the emotional chorus of people clamouring for death penalty (it should be remembered here that death penalty still exists in Sri Lanka though not carried out for many years now.)

    There are many valid reasons why death penalty should be abolished. The main reason is that as rightly pointed out by the International Commission Against Death Penalty “there have been and always will be cases of executions of innocent people” and “no matter how developed a justice system is, it will always remain susceptible to human failure.”

    Those who advocate death penalty should remember that if a person is wrongly imprisoned he or she can get the freedom if the imprisonment is proved wrong. But in the case of death penalty it is irreversible and you cannot bring back the life of man executed wrongly.

    Death penalty cannot be a deterrent. The UN General Assembly itself has said recently that “there is no conclusive evidence of the deterrent value of the death penalty” (UNGA Resolution 65/206)as quoted by the Commission Against Death Penalty.

    Any country that respects human rights should abolish death penalty because it violates the right to life which is a basic human right recognized by all states including Sri Lanka.

    I wish opinion makers like the author of this article RMB Senanayake should not get emotional on hearing of the news of rape and murder of Jaffna school girl Vidya. His argument quoting Chief Justice Sarath Silva that only 4% of those accused of crimes are convicted and hence reduces the risk of innocent man being hanged is simply irrational. Whether 4% of accuseds are convicted or 100% of the accuseds are convicted there can always be mistakes and human failures when a court convicts a person and passes death penalty.

    • 6
      2

      Agreed , In the First Instant.

      Why Not?????.

      Do not Give Excuses From USA, Or Any Law book showing that Human Right violations and All those Bxxl Sxxts.
      Let them mind their own |Businesses.
      We have to keep our own yard clean and without Hyenas and jackals in Human faces.

      Do not the Victims Rapes have any Rights of their Own???.

      We recommend and vote for the Death penalty for;
      [ after a court proceedings and found guilty].

      [1] Public Money and Property cheaters looters and misusers.
      [2] Rapists, irrespective of any status
      [3] Child molesters and paedophiliacs.
      [4] Hard Drug dealers and peddlers,when possessed or who is found with 05 Mg of the proscribed substances.
      [5] murderers, Irrespective of State , Forces or Police.

      Why we do not have any respect for our Women folks?????????.
      Why We not Care them as Our Own Mothers, Sisters and Daughters?????.
      Are we so become animals to rape our own Mothers, Sisters and Daughters??????.
      For consensual sex of any two individuals of different sexes, there is no barriers,
      [unless the Police man or F king’s Politikka, who get jealous of the
      friendship, and it happens in ASIA we Aascharya country.]

      Demanding SEX for favours and profits has become style of New baurocrats and Politikkas of Modern SRI LANKA!!!!!’

      And We have SINHALA Buddhist Maha Upaskas with Pirith Nool on both hands, Who celiberted 200 RAPINGS With the Blessings of F KING .

      Where is our So called SINHALA Buddhist Culture, Tamil Hindu culture, Muslim Islamic Culture, Catholic or Christian cultures and
      WHAT IS THE VALUE OF HUMANITY in Sri Lanka ???. [
      I am not referring to the era of last F King’Jarapassa’s regime’s time].

      “Better WE IMPLIMENT THE CAPITAL PUNISHMENT, Gallows or Electric Chairs”.

      May be I am the First To Go??????????.

      JULAMPITIYE AMARAYA [ as F king’s Bossom pal].

    • 2
      2

      Fully agree:
      ”Death penalty is not the answer to stop crimes and criminals.”

      I am shocked RMB has written this.

  • 3
    2

    Mr.Senanayake.

    Agreed.The Death Penalty should have been an item for Implementation in the 100 day Programme.But,anyway its still not too late. This could be done before Parliament is dissolved.This could minimise Pre Election and Post election violence!

    • 2
      3

      Excellent idea. At the same time we must ask Ranil to create a “criminal justice special provisions (death penalty) commission ” or CJSPDPC and give him the sole authority to appoint persons whom he considers “competent” to be administrators of the justice system. For obvious reasons, it is extremely crucial to make CJSPDPC functional, and be abl to carry out its mandate, before the next parliamentary elections.

  • 11
    0

    The Daily Mirror (02/06/2015) reports with photographs the rescue of a six year old girl in the Puttalam district, abducted for rape.

    http://www.dailymirror.lk/74545/little-girl-rescued-from-abductor

    The accused does not look human to me, despite his standing erect on two legs!

    What does this tell us? The rape and murder of Vidhya has shocked us. After that incident a seven year old girl was raped by four men in Kilinochchi. The girl survived to live traumatized physically and mentally all her life. What pleasure could a man derive from raping a seven year old girl?

    Would the death penalty serve as a deterrent in the face of such perversity? Can a national illness be treated by the death penalty?

    Something is seriously wrong with our society, where a politician celebrated scoring a century in terms of the women he had slept with!

    Men are sleeping with their own daughters. Grandfathers are molesting their grand daughters. A seventeen year old school boy raped and killed his 70 year old lady teacher in Kiribathkumbura. Parents are selling their children for sex in the beach resorts.The incidents of small boys being molested and sodomized are rarely reported in the press, although the incidence may be very high. School Principals demand sexual favours from mothers, who seek admission for their children. Women pay for the services of male prostitutes. Women also offer sexual services for favours they seek from their male bosses. The male bosses also demand such sexual favours from females working under them.

    War-affected single mothers are engaging in prostitution to feed and educate their children. School girls are engaging in prostitution lured by the pittance they are paid. How many of these females are brutalized by their customers?

    What we are seeing is the tip of an iceberg.

    Our conscience has been smothered. Our cultural and societal values have been vulgarized. Depravity, perversion and brutality have become significant features of our society.

    It is a national malady that is manifesting in a very virulent form in the north and east.Why?

    Is this the after-effect of the JVP insurrections, Tamil insurgency, the civil war and the State responses to these ? Are we traumatized as a nation? Are we beyond repair? Have we become brutes and perverts?

    Alcoholism and drug intake have become fashionable. Youngsters are no longer ashamed/ afraid to be seen drinking. Girls are frequently referred to as goods (Badu/Sarakku). Are such men keeping score cards? Theyare inviting their distant friends to participate in rape parties. Are all the girls innocent victims? How many of them went voluntarily to lonely places with their so-called boy friend’s to be raped by them and/or others. I heard of one such multiple rape-murder in Vadamarachchi (Jaffna) two years back. The rapist-murderers were identified and arrested. What happened to them?

    Are we steadily regressing to become two-legged apes instead of humans?

    Our sexual mores are being challenged as never before. New codes of conduct are not evolving to cope with the new challenges. We have abandoned time-tested societal and cultural controls without replacing them with values consonant with this century.

    Are we learning the wrong values from the West. along with new knowledge, attire and the gadgets that accompany it. Does Mark Twain’s, ” The east is East and the West is West and never the twain shall meet” make sense in our context?

    It is a national epidermic that has to be tackled with an urgency that is not discernible yet. Bad governance and the culture of impunity that have taken root in this country over several decades have no doubt played a significant role in this calamity. Wrongs have snow balled and become an avalanche!

    Dr.Rajasingham Narendran

    • 7
      0

      Absolutely well said Dr.R.N.

      What has happened is that our moral values have deteriorated to such a degree that immorality is no longer shocking. This is not confined to Sri Lanka, but is a worldwide phenomenon goaded on by the freedom of the mass media and the entertainment industry, the awakening of repressed sexuality, as well as the impunity with which sexuality is expressed.

      Unless sexual freedom comes with responsibility which is taught at home and school, and misconduct is looked upon as socially abhorrent, we cannot expect this problem to be resolved. Though there must be punishment through Courts of law, I do not think the death penalty is the answer. The death penalty itself is immoral. There has to be a total transformation of our social mores. That is what the government must initiate.

  • 6
    0

    We do have the death penalty on the statute book for rape, drug trafficking and murder, but we do not use it. It has been in abeyance since re-introduction in 2004. Why, we even have a hangman who in return of a government salary and a gold-plated pension, does not do much more than scratch his bum, enjoy eight cups of tea a day, and every now and then oil the mechanism of the never to be used gallows under his care.

    I do NOT support the death penalty; I will not trust any proxy, least of all a government, to carry out something that I find reprehensible. NOT in my name!

    I DO support stringent custodial sentences for serious crime; and most of all I want sentences that will be served in full with strict rules for parole.

    Certainly no criminal should be pardoned at the whim of some politician; and absolutely no criminal should be appointed as a Justice of the Peace.

    CT: Is it real necessary to publish yet another picture of the victim of the most personal of crimes? With a questionable caption, viz “””Picture – Vithiya Sivaloganadan, raped and ordered in Jaffna””” ‘Ordered’???

    • 0
      0

      Even The Press media get mistakes.

      That should be Murdered, “MURDERED”.

  • 2
    1

    Are there more rapes taking place under Yaha..ya when compred with MR period? If so why?

  • 4
    2

    Whoever introduces the death penalty, let him carry out the first execution.

    The death penalty is a foolish knee-jerk reaction to the problems of a sick society. It does not work as can be seen in the USA.

  • 4
    1

    I am surprised that MS, as a practicing Buddhist and the President of a country, apparently, governed by Buddhist principals, would consider bringing back corporal punishment. The death penalty is not the answer to reduction of crime and in fact, incarcerating the guilty behind bars for life is a far worse punishment, having to live knowing that freedom is lost forever. Leaving aside the religious factor, particularly, in Buddhism where life is considered sacred, as human beings, who has the right to take another human life? A hanging judge is only a mortal playing god.

    Only a righteous society free from corruption and injustice can eliminate violence & murder which can only be brought about by a good education system where ethics, values & principals are part of the curriculum, and a spiritual upbringing. Although it’s wishful thinking which can happen only in an ideal world, it’s time the misguided hypocrites like the BBS started thinking about the spiritual aspects as they are supposed to do instead of getting involved in politics.

    • 3
      1

      Fully agree:
      ”The death penalty is not the answer to reduction of crime.
      Only a righteous society free from corruption and injustice can eliminate violence & murder ”

    • 0
      0

      MS has said that introducing the death penalty (which actually already exists) will depend on the views of the people. He knows the majority will reject it. He wants to be able to say to the pro-hanging lobby “Well I tried but the people rejected it. Its not my fault”

  • 3
    0

    Mr Senanayake says “The President will be remembered for this salutary decision if he implements it forthwith.”

    But he should read between the lines of what MS said: “The President said he would take a decision with regard to the implementation of capital punishment based on public opinion. “There may be objections from different quarters including international human rights’ organisations. Some quarters within the country will also say that killing persons is not a solution for the proliferation of drugs in the country,” he said.

    Public opinion in Sri Lanka is what the Mafia (drugs, prostitution, alcohol, money laundering) says, as ably projected by the mercenary clergy and mainstream prostitute press. So don’t hold your breath waiting for this President to implement the death penalty.

    Deficiency of the Law prescribing appropriate punishment for crimes is not the problem. The obstruction of justice comes from the Police, the A-G Dept and the Courts. They are simply NOT WILLING to round up those criminals who act on behalf of the Mafia Politikkas, find the evidence, professionally present same to the courts, and secure timely convictions and sentence the criminals according to the existing law.

    Mr Senanayake you are bitching about the safeguards built into the law to prevent innocents being convicted. This is as it should be in a civilized society. Surely you are not saying that that is the reason why hardly any serious criminals have not been hanged. If the Police did their investigation professionally without political and other interference, if the Attorney Generals Dept did their work, and the Judges did their work in the courts, including scream at sloppy prosecutors and palm oiling defence lawyers, you will find that the law as it stands is quite adequate for the purpose.

    Mr Senananayake, do you know how many Mahinda Rajapaksa sponsored murderers have even been charged in high profile murders that occurred during the last many years? Do you remember how Sarath Silva ruled regarding Tsunami Funds? Why did Mohan Peiris give an opinion regarding a sitting President seeking a third term? On what basis did Shirani Bandaranayake okay the 18th Amendment?

    You have not mentioned anywhere in your article that the main reason for lack of justice has been the phenomenal corruption from among the lowest of the lowly police constable to the exalted Chief Justice. I will be remiss if I do not mention that the fuel that propels this corrupt machinery has been the BEHEMOTH constituted by the PRESIDENT, CABINET and PARLIAMENT. Most of them have been and are insincere/dishonest and only feathering their own nests.

    If we are agreed that the above behemoth fuels the corruption, let us, before we set out to hang rapists, demand that legislation be introduced to make a Code of Conduct for Politicians, and define a set of offences that politicians should not commit, and then prescribe punishments, including imposing the death penalty, depending on the severity of the offence. At the next elections, let us vote into power such politicians as will agree to this.

    Mr Senanayake, let’s ask Ranil / MS whether they are up to this challenge.

    • 1
      0

      I agree with you that a law laying down a code of conduct for politicians should be enacted.We still follow the British tradition abut the accountability of MPs. Other Commonwealth countries like Canada have enacted a law for the conduct of public affairs. The Canadian law on public accountability is a good example. Without such a law the Police can only deal with the violations of MPs under the Public Property Act and cannot deal with corruption. Please read UN Convention against Corruption. The UN recommended a law to define and deal with corruption.We must lobby the government to pass such a law for it is not in the interests of Ministers to do so. Ranil may be scr
      upulously honest but he has to lead an assorted band

  • 0
    1

    It is not murder and rape we must start with.

    1.The crime of crimes, genocide has been committed in Sri Lanka from the time of the 1958 riots ending in Mullivaikal and continuing with army repression in the NorthEast. No one has been punished.

    2. Crimes against humanity have been committed when over 70,000 young Sinhalese were killed during the JVP uprisings. No one has been punished.

    3. War crimes have been committed when the army killed civilians during combat and killed those who had surrendered.

    This means that there are thousands of killers going around scot free with no feelings of guilt in them.

    First, begin by punishing these people for it is only then that deterrence could prevent further commissions of crimes. Rape and murder are heinous crimes. Whether the capital punishment deters is questionable but what is necessary is that every crime is exposed and punished. There is a long way to go to restore the rule of law in Sri Lanka.

    • 0
      0

      How many of those involved in the killing and maiming people in wars, even in the 20th century and afterwards, have been condemned to death?
      The number of killers could be well over 1 million.
      Just think of Vietnam, Congo, Rwanda, Iraq, Iran, Libya and the list is endless.

    • 0
      0

      Let me rush to say that there are killers among the Tamil community as well. The LTTE cadres were taught to kill and did kill civilians both Tamil and Sinhalese. If Rajapakse is right, they have all been eliminated captured, re-educated or are still in camps. This cannot be right. There are too many killers roaming around. Sinhala Only brought about a huge calamity upon all people.

  • 2
    2

    Time has come for all Theros including BBS to wake up and come forward against people like R M B S. Theros should preach and practice Buddhism instead of playing dirty power politics. Capital punishment is against Buddhist values.

    Capital punishment is inhumane & cruel and only executed in Muslim & Arab countries which have an “Eye for Eye” attitude/policy. There are some other backward counties also have capital punishment. EU (Twenty eight countries union) has banned the capital punishment altogether for whatever the crime including murder. This shows the civilized nature of the EU.

    Buddhism is being one of the world leading and best religions, advocates compassion. If Sri Lanka really wants to promote Buddhism and Buddhist values this is one of the best ways to show to the world. Preaching & advocating Buddhism and practicing cruel things (even legally) are not ethical, logical, sensible, rational and not even moral.

    Sri Lanka should abolish capital punishment altogether and show to the world that Sri Lanka is a civilized nation. There is a better civilized alternative to capital punishment – Life imprisonment – but may not be a cost effective solution.

    • 1
      1

      “Buddhism is being one of the world leading and best religions, advocates compassion”.

      Best way of showing Buddhism is a religion of compassion is not to kill Tamils and Muslims as Sinhala Buddhists have done in the past.

  • 1
    2

    Dr Narendran has given a good snap shot of the Sex Drugs and Fun side of our current society.,

    Yahapalanaya certainly has liberated Sex, and Drugs side and given the opportunity for the Haves to have a bit of Fun ( Poddi Fun ekkak damu..)…

    Sexually liberated Samare and his Boss lifted the ban of Porno on the Web under Yahapalanaya..

    But that can not be blamed for dalits doing crimes like the particular one which the Dr reported that the the perpetrator didn’t even look a human.

    I mean his face was smashed and he could hardly stand without the arms of the two cops after the beating..

    I suppose that made him look like non Human to the Dr…..

    CM of the NPC has come out with all guns blazing to accuse Government ministers supplying Drugs to his loyal Youth who are now under him with full powers endowed by Yahapalanya.

    He implies that it is the cause of all the problems there.

    It is a pity he doesn’t mention the names of these Ministers.

    The ex Ministers, whom the Yahapalana joint Boss and his party accused as Drug Dealers are now well embedded with the UNP.

    Didn’t Kudu Duminda, and Kudu Mervyn get their nick names from the UNP?.

    In fact Kudu Mervyn gave all the files to Ranil’s F CID to work on, tt the very beginning.

    Wella Sudda who was brought down or sent down by the Yahapalana Architects in the West is now in the Slammer ( Is He ? ) .

    He was supposed to tell all and no need for special Police.

    But nothing happened .

    Kudu Duminda was even in praise of Yahapalanaya the other day while talking to the DM.

    He in fact very respectfully thanked the President and expressed his trust in the the Judges.

    In the meantime the un elected PM’s Special Polce ..F……CID is busy investigating the invoiceds of our ex First Lady.

    May be her expenses on make up and lingerie are more important than Kudu Money.

    BTW How can Dalits find money to smoke ICE and swallow Ecstacy or buy Heroin in the North?.

    I can understand if the CM said they are just on the Herb like our Dalits in the South ,

    • 4
      0

      Thanks for mentioning the CM Vigneswaran’s speech accusing the GOSL of deliberately introducing the drug culture to the north. He may have facts, I am not aware. However, I am aware that some politicians who are representing the TNA have been accused to have been engaged in drug smuggling, centred in Mannar. They may be yet involved. Further, to what extent were the paramilitary groups who were the proxies of the previous government involved?

      Jaffna is also a major centre for smuggling Kerala ganja. A particular community is being accused of being involved in this criminal trade.

      How many liquor bars have been licensed since the end of the war? Who are the individuals granted the required licences in the northern province?

      There are wheels within wheels in the complex situation that prevails in the north and possibly in the east.

      Dr.RN

      • 0
        0

        Dr RN,

        Isn’t it sort of blasphemy to call Vellala MPS drug smugglers..

        I mean TNA is the next best thing for the Elite Tamils after Prabakaran.

        How dare you put them in the same boat as our Kudu Mervyn and Kudu Dumin although they are also now with the Yahapalanay Dudes..

        At least our Northern Bishop will be happy that you have pointed out the real culprits , which Bishop wasn’t able to do.

        Why do they “import” Kerala Stuff, when those Keralian Mafia even bottom trawl all the fish and prawn stocks which belong to our Mullative dalits.

        Shouldn’t they be bringing in Chennai Herb grown by Vaiko friendly Nadu farmers.

        BTW, One Vellala lady MP of the UNP has said that Jaffna women would have been better off under Prabakaran according to the other CT..( It is Ceylon Today ).

        Is that true Dr?…

  • 2
    2

    Buddhism and Buddhist values have a special place in the highest law of the land of Sri Lanka – The constitution. Having a capital punishment in the statute book is against Buddhism. BBS should challenge the capital punishment in the supreme court and abolish it once and for all.

    • 0
      2

      Alvar

      “Having a capital punishment in the statute book is against Buddhism”

      what about islam?Is it also against capital punishement?being a non bhuddhist,are you a friend of drug lord potta naufer who was sentenced to death for killing justice sarath ambepitya,the most fearless judge that srilanka ever had,and senetenced to death in july 2005 and is still having a grand time in prison with all the comforts of a drug lord.When its suits you talk about the compassionate bhuddhism er.

      BTW What did the compassionate bhuddists do in 58,77,81,83,2014 (aluthgama)and to your brethren the rohingyas who are running out of myanmar wth their arses on fire and getting murdered in malaysia?

    • 4
      0

      Alvar,

      What Buddhist values are you talking about?

      We have observed for many years that the Theravada Buddhism practiced in Sri Lanka, better known as Sinhala-Buddhism (or Mahavamsa-Buddhism) is not only intolerant but also violent and barbaric in nature.

      Instead of practising what Buddha preached (Ahimsa/non-violence, Karuna/compassion, Metta/affection, and Maithriya/loving-kindness towards fellow humans), the Buddhist clergy in Sri Lanka engages in un-Buddhist practises such as in racist politics and also promote Sinhala-Buddhist chauvinism and hatred towards minorities.

      It is tragic to see that the Buddhist religion is dragged down to such a low level by non-other than the members of the Buddhist clergy. These Buddhist monks (hora ganayas or cheevaradharis) are exploiting the respect that the Buddhist society has for the yellow robed Sangha (one of the triple gems mentioned by Buddha) and not only misleading the gullible Buddhists but also betraying Buddhism and insulting the Buddha.

      Even during the 1950s, we have seen Buddhist terrorists among the Buddhist clergy such as Buddhrakitha Thero and Somarama thero assassinating Prime Minister SWRD Bandaranayake. Today we have the extreme version of them in the Buddhist clergy known as Bodu Bala Sena (BBS) and Sinhala Ravaya. President Maithree and Prime Minister Ranil should take extra care and precaution against these Buddhist Terrorists who will not hesitate even for a moment when it comes to assassinating our leaders.

      What is the point in having a Buddhasasana ministry if it is only a silent observer to all the anti-Buddhist acts committed by the Buddhist monks? The new government under President Maithree should think of forming a Buddhist Disciplinary Commission/Committee under the Ministry of Buddhasasana and Religious Affairs to maintain the Buddhist Vinaya (disciplinary code) among the Buddhist clergy. Respected Buddhist monks like Ven. Maduluwawe Sobitha Thero can chair such a committee. All the rouge Monks (hora ganayas or cheevaradharis) who are hijacking the Buddhist religion with their anti-Buddhist activities and disrupting the peace in the country should be subjected to disciplinary action and should be disrobed. Buddhist disciplinary laws should be enacted specially for the Buddhist clergy who violate the Buddhist values and principles. This has become an urgent need in Sri Lanka if Yahapalanaya is to succeed.

      • 1
        0

        I entirely agree with your points that you have raised Mr “The Messenger”.

        I am a follower of Mr President. I have very high regards for his humble nature. However, I am disappointed that he fails to take a lead in deciding what is good for the country. Being a practicing Buddhist he should promote the Buddhist values. Building Buddhist temples all over the country is not the way to promote Buddhism. Lord Buddha never wanted worship him or any (other) God.

        Monks should preach the Buddhist values all over the country and the people should adhere to it. As you said, more than any other religion Buddhism teaches and advocates Ahimsa/non-violence, Karuna/compassion, Metta/affection, and Maithriya/loving-kindness towards fellow humans. That is why I think It is the best religion/faith in the world.

        Nobody has the right to take the life of another human being even legally (by man made law). The law of the land also should reflect the peoples moral values and the faith people follow. In essence, abolishing the capital punishment altogether will give a better image to the Buddhist majority country.

        I hope and pray HE President Maithree Sirisena will consider all the pros of abolishing the capital punishment with an alternative life imprisonment.

  • 1
    0

    In 1956, death penalty was suspended by S.W.R.D. government.It was decided in their very first cabinet meeting.Mahanama Samaraweera, the then deputy Minister for justice proposed the the bill in parliament.M.W H..De Silva, the Justice Minister,who was a senator strongly supported the move.Among the other who supported the abolition were T. B. Jayah,Dr. Colvin R.De Silva.Dr. N.M. Perera,Pieter Keuneman.Interestingly,Senator S. Nadesan opposed the bill but later changed his views to oppose the death penalty.Among the civil society Dr. G. P. Malalasekera supported abolition.

    • 0
      0

      Thank you for the info.
      How can anyone, even a state, qualify to kill a human being?
      Where does it stop?
      Sri Lanka may not have been actually implementing death penalty in many cases, but successive Sri Lankan governments have been politicising the Police and the Judiciary to various extents and causing deaths directly and indirectly.
      Even through laws such as Prevention of Terrorism Act.
      What about the racial pogroms when ordinary citizens andthe Armed Forces had a free hand.

  • 0
    0

    Before the death penalty is carried out it is vital to remove his or her organs for trasplant and save many inocent lives. His or her assets should bo confiscated leaving a reasonable amount for the culprit’s dependents to live a reasonble life. Part of the confiscated assets should be given to the victims family

    • 0
      0

      NO, Cooray. I would rather die than stay alive with an organ from a rapist.

  • 0
    1

    I’m still unable to believe that this was written by RMB whom I regard highly.

    • 0
      0

      punitham

      maybe you might still regard him highly when you are stark naked on the ground with 8 fellows around you with 8 hands groping every part of your body and the ninth fellow filming it to take to a foreign country to earn mega bucks circulating it in the internet to a selected group of customers.After about 20 hours of having the fun of their life with you,they decide to insert various hings into your vagina including cigarette butts and do other acts of torture before cutting your nipples off and finishing you off with stab to your belly ,while all he time the filming is going on.You can just imagine the perverts club salivating and masturbating and watching this real life rape brutal murder video and how much your body has made the guy who filmed it all very rich.So maybe punitham once so soul has left your body it might get back the original high regard that you had for Mr.Senenayaka.

      Mr.senenayaka is writing not for himself but for all pretty damsels in distress.Unfortunately the worst enemy o females is their own gender.

  • 0
    0

    Death penalty for rapists?Have you gone bunkers,R.M.B.?How many of our husbands will be spared the guillotine

    Death for rapists?Have you gone bunkers,R.M.B.?How many of our husbands will be spared the guillotine? Legally, marital rape is not yet considered an offence here I know.But that speaks bad of law.Will R.M.B. endorse death penalty for marital rapists,so as not to be inconsistent?Or does he recommend it only for other rapists?

    My point is whether R.M.B. has done any thinking of the subject he has written about- that of putting individuals into death by the state.

    /

  • 0
    1

    No one has a right to take another’s life. That is so even with those who rule us and or who represent us to do so. That is high in principle. But in history as individuals and as a state we have had to sacrifice principle for the good of the majority as there is no escape in sticking to high principles and a minority exploits the situation. The exception is once again the principle of necessity. In Singapore for instance the rate of crime in relation to drug related matters came down significantly once a few foreigners where given the death penalty despite the hue and cry by human rights activists. The then President Lee Kwan Yew said Singapore cannot afford the luxury of human rights, it has a greater obligation to protect the economic welfare of the country. There you are Rulers are elected to take difficult decisions on behalf of the people. The Presidents approach is right. Its diplomatic unlike the Minister of Justice who appears to make his announcement as if entering popularity contest and makes a mess of things at each turn. Its not going to be an answer it’s a temporary solution. The answer is to educate the people. Teach them moral values and the law. The Rulers and more importantly the so called educated must show by conduct they obey the law and they have moral codes. Till the so called civic society demonstrate that they do not have double standards the destruction of our society and degeneration will continue.

  • 1
    0

    I am all for the implementation of the death penalty for culprits found guilty of heinous crimes. It is for the Courts to give careful consideration of the probability of innocence of an accused before passing the death sentence.It is noted that by imposing only a life sentence on criminals the criminal is allowed to penalize the society firstly by the crime committed and in the second instance making the society to keep him well cared for in a prison at a heavy cost.
    Some Western countries and human rights organizations will object to the death penalty without regard to the stage of social development of a country. One can also say human rights should be confined to human beings and not to inhuman criminals.

  • 0
    1

    I was surprised at RMB’s stand on the death penalty as I acknowledge him as a learned man.To begin with the death penalty is state sanctioned murder and the USA is the only country in the western world that carries out this barbaric practice.It has been statistically proven that the death penalty in not a deterant for murder.If we take a eye for a eye the world will be blind.I personally take this stand lo behold even if one of my family is murdered.

  • 0
    0

    “President Sirisena has announced that he is considering the re-introduction of the death penalty.”

    President has said that he wants to bring in death penalty for drug traffiking.The death penalty for murder is already there,but JRJ,CBK and MR did not allow the death penalty to be implemented.All three are responsible for the current situation and i hope CBK and MR are not elected back as leaders of this country.We need someone like LEE kuan YEW or mahathir to put this country right again to pre independence levels,where we were known as the pearl of the indian ocean.

    Here is a similar story as vidya’s that took place.Now you can see CBK is indirectly the cause of her’s as well as many others deaths.

    [Daily Mirror on the Web
    Saturday, July 02, 2005

    Front Page
    News
    Editorial
    Opinion
    Financial Times
    Sports
    Features
    Mirror Life
    Obituaries

    The Sunday Times
    Hi!! Magazine
    Wijeya Pariganaka

    Archives

    NEWS

    Rita John’s murder case death sentence to be carried out

    By Kumarasiri Hettige

    The Justice Ministry and the Attorney General in a letter to President Chandrika Kumaratunga have recommended that the death penalty be implemented in the Rita John’s murder case.

    The three-judge Bench of the High Court on May 31, 1999 passed the death sentence on the three accused. Their appeals to the Supreme Court were dismissed on May 13 last year. An Indian national, Rita John was abducted by an underworld gang while she was with her husband on the Crow Island beach.

    She was raped and strangled to her death. Her body was found in a swamp two days later.

    The Justice Ministry and the AG had submitted two detailed reports to the President based on the decision of the High Court Judges. It is now left to the President to sign the order specifying the date, time and place for the execution of the three accused.

    Prisons Chief Rumy Marzook said there were about 100 prisoners on death row and added that every thing was now ready for the gallows to be put into operation.]

    Upto now these fellows have not been hanged because of CBK’s negligence.She lost interest in her work as her 2nd term was coming to an end.She jumped back into politics now only to save her arse.

  • 1
    0

    I strongly suggest death penalty a)Abduction and rape
    b) Abduction and killing.
    c) Plan murders.
    d) Killing/Severely injuring a Judge Police/Military /customs or any official to achieve a robbery or other motive or do in revenge,

    • 0
      0

      nalaka

      i agree with you except for your point a).For abduction and rape we should not have the death penalty because then they will definitely kill the victim.However for special cases yes,where it is justified due to severe torture etc.So i suggest a classification of crimes as heinous crimes for which the death penalty should be the sentence.Let the judges decide whether a crime is heinous or not based on the circumstances of the case.If they make a wrong judgement the prosecution or defence can appeal it to a bench in the appeal court.

  • 0
    0

    The people who have expressed views against the death penalty talk as if they are all out to prevent untimely loss of human life in this planet. From the murder of innocent civilians in Hiroshima and Nagasaki during World War 2, humans are being slaughtered in lacs if not millions to date due to external and internal strifes. Germany which is a member of the EU massacred milions of jews under Nazi rule. Due to unfair military action taken by the US and some EU members against Iraq the whole region has got de-stabilised and the people who flee their countries die in sea in thousands before reaching EU countries. It is a matter of amusement that EU which is directly and indirectly responsible for loss of theses lives and their followers are so symphathetic towards criminals in third world countries, without realising ground realities facing such nations.
    Some talk abourt Buddhist principals and the way of life. Death sentence in Sri Lanka was carried out even during great Sinhala Buddhist Kings who administered the country in an exemplary manner bringing prosperity andv security to its people.
    Some have stated that majority of the masses oppose Death Penalty. if a public opinion poll or a referandum is held today, they will realise that at least 75% will vote in favour of same. Many have stated that the crime rate in US has not reduced despite imposing death penalty. They have not mentioned the crime rate of middle eastern countries, Malaysia and Singapore. We need to implement Death Penalty without further delay especially on contract killers and big time drug dealers who bring untimely death and destruction to our youth. Cases where there are some doubts, apart from legal redress avaialable, President can use his powers to commute such sentences to life imprisonments.
    Good Governace and Rule of Law will help us in the long run to reconsider suspension of death sentence. In the short run this a great necessity which should not be postponed and President MS will be greatly supported by the common masses in this endeavour as in the case of defeating MR at the last Presidential election. Ranjith

  • 1
    0

    Totally agree with RMBS”s request to the President to re-introduce death penalty as this is the only way to cut down on crimes. Brutal rape and murder of young Widya in Pungududeevu recently, is a clear case where the murderer may get life sentence, if proved in court but money can buy him out or money could give him luxurious life in prison.
    USA, who preaches tolerance to the rest of the world,have death penalty
    in their legal system, also feels that a person who committed a crime should pay for it by giving his or her life, if proved.
    In widya’s case, the people got violent and wanted to take the law into
    their own hands and finish him off and govt. was forced to act,and the culprits re-arrested and indicted, but there are many cases in Tamil and Sinhala areas, where girls got raped and killed, journalists and politicians of fame got killed during the last decade but political pressure prevented further inquiries by police.If death penalty is re-introduced,criminals will think twice to do a crime as he or she will not be there physically to save their families, if their crimes are proved in court. If this legislation could be done before election, there could be many who could be netted and they will be shivering in their pants if President introduce the law early and it will eradicate
    the “hit squads’ in the country, who kill for money.

    Unless the Police and the Judiciary are left to operate independently,
    even death penalty will not bother the criminals as they know that they will have the support of the politicians as most murders in SL
    are premeditated and the fear of imprisonment and death penalty will vanish from them and crimes will continue. Wish learn’t RMBS touched
    on this subject in his worthwhile article. Most importantly the drug
    handlers also should be treated in the same way as done in Indonesia,
    Middle east, Malaysia and several other countries, where they are hanged without questioning once found in possession of drugs. Even conservative Jaffna has more drug addicts now and just imagine how much of drugs are easily available in the country. This is all due to
    civil administrations like V.Cs,T.Cs M.Cs and provincial councillors do
    not take interest to curtail these activities due fear of retaliation
    from the top. The people should elect a govt.of President’s choice so that these matters get the attention by civilian authorities. He will
    go into the record books as a ‘statesman’ if he can give the people,
    a clean govt. after the election.

  • 0
    0

    Cutting down on crime is not equivalent to death penalty and putting people in prison. Sri Lanka always miss the basics, the first principles.

    Check list : A Wedamahathya’s Prescription.

    (1) The Police force should be made a civilian one. The war is over the other three forces can deal with national security with limited assistance from the police infrastructure.
    (2) It should be taken under a separate department under the President who is Minister of defence, like in the old days it can be called the home department. The Junior minister of justice can play a duel function being junior minister of justice and home affairs. You need a candidate who is capable of giving a 100% commitment, its not a part time job. The junior minster must be a mature person need not be necessarily a lawyer but a person who will be willing to take advice at least a graduate with a post graduate degree and some experience in Management ideally an appointed MP who will not need to please any one but venture to do what is right and be guided by an advisory board. Considering the present lot Mr Chrismal Warnasuriya may be a good candidate, provided he accepts the post for 5 years with a 100% commitment and not attempt to run a backdoor chamber practice as some do in the state sector or run a JVP agenda [ the policies they say are good, this is a chance to allow one of them to demonstrate whether they have what it takes if they do it may well in in 2020 their dream may get closer].
    (3) There should be an advisory committee of at least 20 and 1/3 of them could be Sri Lankan born but people who work abroad as researches, practitioners, Police officers retired or otherwise, Ex police officers who live abroad but connected in someway to the field with some wealth of experience that could be shared. [ No salary to be paid. Only a stripe expenses and travel purely a voluntary job to build up our nation we have had too many maggots over the years. A committee with no frills but basics and commitment to bring about change and change must come gradually – it should be people centric not for the benefit of the police, judges or lawyer convenience]
    (4) Piolet project need to be started with the introduction of a new police and criminal Evidence Act to be introduced in stages. A proper police constable should require training for at least 1 year before he is put on the streets and at least another 2 years training and examinations with the job for the tasks ahead. Their salaries will need to increase significantly. Custom of collecting backhanders like in Chicago and New York when criminal gangs ran the criminal syndicates need to stop. It has to be brought down to 0%. No commissions from brothels, illicit booze, gambling joints, drug dens and any other organised crimes. If there is to be death penalty such death penalty should be enforced on these officers who take an oath to protect the public and do abuse that, which has brought this country to this situation. Likewise, they should be taken out of the clutches of the politician. They should have no reporting responsibility or accountability to any politician. The hierarchy will be responsible in the normal way to Ministry and to the secretaries, who will be civil servants. One will need to handpick train educate these civil servants.
    (5) This would be a start if you want to get Law and order into place, next would be sentencing council. More importantly proceeds of crime Law to confiscate all ill-gotten gains. The Inland Revenue Department needs to be revamped and like Singaporeans, Sri Lankans need to be proud to pay their tax and the state should be in a position to account to the tax payer how they have spent it to the benefit of the taxpayer and country. The begging bowl syndrome has to stop and Ranil Wickramsinghes Sakku Piraweema has to stop. People need opportunity, like how the president put, we got rid of British slavery but have reinvented a local system of slavery. We have sufficient resources, we need to learn to mange it not looks to the west or China like beggars but get on our feet and engagement should be by negotiation as partners. Not accepting any terms for survival. Look to Ghandi look to India for guidance, if they did it surely we have the know how , if all of us act as sri Lankans its chicken feed. So long as we are Sinhalese, Tamils. Muslims and maintain the racial divisions we will be were we were in 1948. It’s a pity we have yet to find some leaders with a vision to draw all together buy abolishing all laws that create the division and have one law governing all. Our personal laws can be dealt with by individuals at the age of 18 if they so decide by their tribunals, but the choice should be given to sri Lankans to be one as we all head one day in one direction.

    (6) Professionals who betray public trust, Peoples representatives who do so should be required to compensate the state for their misadventures and ill gotten gains. No person who has been convicted for an offence where there has been such a breach should be allowed to represent the public unless he could satisfy the supreme court like in disciplinary hearings that he is a reformed man, the period for such redemption should not be less than 20 years and he will have to demonstrate that the contribution in reparation would be more than ten fold.

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 7 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.