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Of
the importance of being polite as opposed to passionate Reportedly, he had been accompanied by Deputy Minister Mervyn Silva on this most felicitous of occasions (for him if not for his fellow citizens). The enterprising journalist who had dug this story up may have been well aware that this is the stuff that the best cartoons are made of. In fact, it would indeed have been excruciatingly funny if not for the deplorable manner in which it indicates the extent to which our standards of accountability have dropped to the very degrading depths. Kudu Lal is now a fit figure before which ordinary citizens of this country can swear affidavits which lawyers file in the courts in the normal course of events. The other multifarious responsibilities bequeathed to a Justice of the Peace need not be recalled at this point of time. The fact remains that Sri Lanka should fittingly - if not hilariously- celebrate its final coming of age as a country that is truly egalitarian in the most appropriate sense of the term; in other words where a 'kudu karaya' if not worse, can aspire and indeed attain the heights of what had been once an honoured office. Meanwhile,
let us look at yet another perspective. In a forthcoming publication,
excerpts of which were published in this same newspaper on Saturday,
former judge of the International Court of Justice and once one
of Sri Lanka's Supreme Court judges, C.G. Weeramantry ponders on
the ills that have befallen the system in this country and calls
upon Sri Lankans themselves to speak candidly of some aspects of
our life as a nation. The remark in passing meanwhile that none of his colleagues who once sat with him on the Supreme Court are still alive and that he sometimes wonders as to what observations they would make of the trends of these times, is interesting. His exhortations to Sri Lankan citizens to embark on a critical process of self examination is accompanied by the reminder that " all of the matters dealt with in this discussion are within the knowledge of most people in Sri Lanka but tend to be ignored or swept under the carpet, specially in polite discussions. This is part of the problem." It is this latter reminder that is perhaps the most telling part of the reflections that he has embarked upon. To my mind, 'being polite' is a trait of Sri Lankans that ought, at some point of time, to be the subject of an extensive sociological study. In many instances, it has become an euphemism for pure self interest though of course, on occasion, the reluctance to get involved may be due to sheer reticence. Overwhelmingly though, (and when applied to an issue as opposed to civilised niceties), it is a term that indicates a lack of passion for the subject. It is after all, the most exceptional individual who can be passionate in regard to a concern that he or she feels deeply about while remaining polite in the process. To the common majority, "being polite" means avoiding the issue for a variety of reasons, predominant among them being the reluctance to get involved. As Justice Weeramantry acknowledges, many of the issues that he talks about have been conceded privately by many individuals who yet remain reluctant to publicly espouse those very same views. For example, take the issue of the appointment of "Kudu Lal' as JP on which note this column began. Would any one among us be agreeable to take this matter further and question the basis of the appointment and further, to question the exact appointment process of Justices of the Peace as it prevails now? Would anyone be bold enough to challenge the politicians involved in regard to their actions? Would anyone then take the matter to court? Most probably, answers furnished to these questions will be in the negative. The frightening connotations of the underworld, politics and the police would be sufficient to scare even the most lion hearted of us off. The twists and turns meanwhile of litigation, which have become even more hazardous in recent years provides an easy answer to the last question meanwhile. Public spirited litigation has been dampened not only by judicial discouragement but also by the utilising of its process by individuals with personal agendas and interests if not egos in mind. Let alone not achieving the heady vigour of such 'people based litigation' that countries such as Bangladesh and Pakistan have experienced together with India where its spirit was conceived, Sri Lanka has seen only the infant of public interest litigation still born. In a context where the flow of even ordinary fundamental rights applications to the Supreme Court have deceased dramatically in recent years, is this anything to marvel at? Throughout however, we (as academics, practitioners, corporate citizens, so-called activists or as ordinary citizens) have remained reluctant to get involved or have become involved, only when it is too late. This is where the wheel has turned full circle. It is only logical after all that if right thinking people in this country remain reluctant to get involved when the system disintegrates around them, Sri Lankans well deserve the remains that will be left. It
is good that Justice Weeramantry, (one of this country's more distinguished
jurists who has however been somewhat reticent in recent years in
response to some of the most serious crises to hit the governance
processes in Sri Lanka, particularly in relation to the judiciary
of which he was once an eminent part in a somewhat different era),
has commenced upon a reflective process in this regard. |
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