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Move to check religious, racial enmity
View(s):Vasu proposes that PTA provision be incorporated in Penal Code
National Languages Minister Vasudeva Nanayakkara wants the Government to incorporate in the Penal Code a provision in the Prevention of Terrorism Act that deals with offences relating to religious and racial disharmony. He has told his ministerial colleagues that the move is intended to “prevent, enmity by signs or otherwise between different groups on grounds of religion, race, place of birth, residence, language, caste, community or other grounds and doing acts prejudicial to maintenance of harmony and disturbing public tranquility between different religions, groups, castes or communities.”
The recommendation is expected to come up for discussion when ministers hold their weekly meeting on Thursday. Minister Nanayakkara has given a number of reasons why offences relating to religion should be tried under normal laws. He points out that the Lessons Learnt and Reconciliation Commission (LLRC) sets out the need to “enact deterrent laws in order to prevent national and religious co-existence and prevent hate speech against any ethnic group or religious group.”
“Although this subject matter has been assigned to the Ministry of Justice, since the subject of Ethnic Affairs has been assigned to my Ministry,” Minister Nanayakkara adds “I consider it as my responsibility to take appropriate action in this regard with the concurrence of the Hon. Minister of Justice.”
He also says that “after ending a long drawn war which lasted for 30 years and the country has embarked on a vigorous development initiative to be the Wonder of Asia, it is very important to make every effort to mobilise the citizens to support this initiative. The responsibility is with the Government to take appropriate measures regarding same.”
Section 2 (1) (h) of the Prevention of Terrorism (Temporary Provisions) Act No 48 of 1979 states that “any person who by words either spoken or intended to be read or by signs or by visible representations or otherwise causes or intends to cause commission of acts of violence or religious, racial or communal disharmony or feelings of ill-will or hostility between different communities or racial or religious groups” shall be guilty of an offence.
Minister Nanayakkara also gives the following as among reasons to justify his recommendations:
- The Directive Principles of State Policy and Fundamental duties are provided for in Chapter VI of the Constitution. Article 27 (2) (a) has emphasised the necessity to ensure the need of full realisation of the Fundamental Rights and freedom of all persons.
- Article 27 (5) of the Constitution further emphasises that the State shall strengthen national unity by promoting co-operation and mutual confidence among all sections of the people of Sri Lanka, including the racial, religious, linguistic and other groups and shall take effective steps in the fields of teaching, education and information to eliminate discrimination and prejudice.
- The International Convention on Civil and Political Rights (ICCPR) Act No 56 of 2007 has given recognition to human rights which have not been given recognition through legislative measures and provided for matters there with or incidental thereto.
Minister Nanayakkara has asserted that the Penal Code is the main legislative document dealing with criminal matters in the country and the Law enforcement authorities could easily act under it.
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