C-19: Implications and Complications

By I. P.C. MENDIS

Covid-19 understandably has doubtlessly put the world in a flat spin, and this isle of ours is no exception. Due to the new strain of the virus, all aspects, from precaution to treatment, are on trial and error basis. The effects of some recommended vaccines are being questioned. So far, there seems to be global acceptance of precautionary measures, such as wearing of masks, social distancing and congregation. It is regrettable, to say the least, that the Sri Lankan population, by and large, has still not realised the gravity of the problem, and seem to behave rather callously in adhering strictly to the guidelines, resulting in offenders being hauled up by the law enforcement authorities for prosecution in courts.

It is indeed well and good for them to strictly enforce the law in the circumstances of general laxity and the need to control the spread of the infection. However, such measures need to be taken after careful examination and study of their implications, and the effect they would have on other relevant policy decisions, already in place, so as to ensure that they do not work at cross-purposes. The decision to prosecute offenders as aforesaid, which entails fines and/or jail terms, is supposed to be based on some antiquated Ordinance, which doubtlessly has come to our rescue in the absence of recent legislation. However, having earned much experience in its working, with the first wave of the virus, the think – tanks behind it had ample time and opportunity to compile the inputs necessary to streamline it or frame new laws/regulations, as a matter of urgency. It is indeed a pity that it has not been done so far.The result is that we have to still hang on to an antiquated Ordinance, which in its implementation seems to be a contradiction in terms with certain other areas of governance. It is regrettable and in a sense a misfortune that some of these measures could be a source of embarrassment to respected high-ups, who are themselves learned in the law, to announce such decisions to the people.

Jail Terms: Obviously, the decision to give an offender a fine, jail term or both, lies with the courts. This is, in the context where there exists a serious debate over the overcrowding of prisons, the Presidential pardons being given by the thousands, as a measure of easing such congestion, the huge backlog of court cases lying unresolved, and the recent increase in the cadre of judicial officers to ensure their speedy disposal.

In addition, the pressure already borne by the Attorney-General’s department, the time and energy already expended by the police, the involvement of witnesses and other agencies — not to speak of the immense pressure on the purse of these minor offenders — and the government necessitating, inter alia, the involvement of the black-coated fraternity; who will generally not take kindly to any simplification, as evidenced by their past selfish conduct in opposing the SLFP measure to let the Public Trustee handle a given category of plaints, and the recent opposition to the proposal to appoint lawyers as Chief Inspectors of Police!

Suggested Relief Measures: It is a forgotten factor that in the days gone by, Cadets and Class II officers of the now defunct Civil Service, were gazetted as Police Magistrates to hear given categories of plaints. It would be extremely beneficial if the government gives serious thought immediately to gazette Divisional/Additional Divisional or other officers to handle such cases, with powers to impose a stipulated fine. We have the Conciliation Boards already charged with the responsibility of trying to settle disputes (without penal powers, however) and Traffic policemen imposing spot fines. So what can be the problem? Indictment can take place if the fine is not paid or the offender contests the plaint.

The only problem can be the selfish interests of a particular section, which has to be discounted in the larger interests of the people, who are already overburdened with monetary and other compelling issues! The proposal may be achievable with a simple amendment to existing legislation or under emergency regulation.

Over to you, Your Excellency, Mr. President!