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A most honorable judge Swarnadhipathy

opens the eyes of barbaric Lankans

bragging and bluffing about a 2500
years Buddhist history...!

-15.Oct.2015, 9.30AM) Ms. Khema
Swranadhipathy a most honorable
judge of rare integrity and courage of
the special high court , Anuradhapura
speaking to Upali Ananda of
Lankadeepa newspapers made the
undernoted comments that should
open wide the eyes of the stupid ,
blabbering , bragging and bluffing Sri
Lankans living in tropical Sri Lanka (SL)
who threw away the hats introduced by
the Whites, but still wearing their neck ties and coats, thereby sweating
These are the Sri Lankans who even give the meal that belongs to their
children to the thattaya racist monks solely because of their respect for the
saffron robes, and boast of a 2500 years history of Buddhism, and 90% rate
of literacy. These are the stupid Sri Lankans while in tropical Sri Lanka sport
the borrowed ties and coats of the Westerners of the cold countries , yet ,
after going to the cold regions of the Westerners wear a sarong, brush their
teeth and gargle their stinking mouths to keep smiling , while wiping their
nasal discharges with a handkerchief only to thrust that into their own
The announcements made by this honorable judge becomes most relevant
and important because she made her comments fearlessly, frankly and
forthrightly before a nation that does not openly speak out its faults owing
to their backward, barbaric, overly arrogant nature stemming from their
ignorance, and therefore will never ever rectify themselves. The exposures
and critical analysis of honorable Ms. Khema Swarnadhipathy marks a
welcome beginning to make the nation to have a clear conscience and put

them on the right track in their thinking, ideas and ideologies. Indeed,that is
what good governance truly should stand for.
In the latest cases filed in the Anuradhapura special high court , over 25 of
them relate to sexual abuses committed on children by fathers, brothers of
fathers and uncles. More than in the towns , these child abuses occur in the
villages , the Anuradhapura special high court judge Ms. Khema
Swarnadhipathy bemoaned.
''In the dry zone specially there is a greater potential for children to be
subjected to this kind of harassment. There are many reasons for this.
The main reasons are : illiteracy of the parents, allowing the children to
work as child laborers, under aged marriages, child birth without planning ,
and poverty.
These children who fall victims to these crimes are often subject to these
evils more than once. They have no opportunity to reverse the
victimization. They dont even have the ability to rectify their errors. Due to
the various branched off cultures in the country , this situation is
escalating. The under aged marriages is now becoming a matter of routine
among society.
In a child molestation case , an aachchi (a grandmother) told in court , that
is a family issue , and there is no necessity for courts and government
Institutions to intervene. The accused and the victim were of the same
family. In some instances , such groups even do not come to court . Some of
these children come to town for the first time only in a case like this when
attending court.
These children who are living in remote villages are in dire poverty , They
even do not know about hygiene , cleanliness , latrine and toilet usage.
Because they are aloof from ordinary society , they do not even know they
are being subjected to sexual molestation. Owing to this ignorance , it is
nothing out of the ordinary to them.

When a child complained that her father raped her

, mother said , fathers are like that !
In most cases of sexual abuse , the child complains to the mother or
grandmother who brings her up. During the court proceedings , it came to
light these mothers have told the victim , that is the way fathers are. There
was another case where a daughter was continuously sexually abused by
her father. That victim was hospitalized only after she had become
pregnant. This victim had already revealed the fathers sexual abuse to the
mother. The latters answer to the daughter was : fathers are like that.

There are also cases where the father has raped his daughter with the
knowledge of the mother. By the time the victims appear in court, many of
them have forgotten the incident. Such cases are filed in court usually after
at least a year and half have elapsed. When this court was commenced ,
some cases before it were relating to crimes committed about 15 years
ago. It is imperative and important that the evidence of the victim is
elicited by court cautiously without hurting the child or harming her frame
of mind.
Some children are scared to give evidence in open court. In cases like that
it becomes necessary sometimes for the judge to take the child on to her
laps and note the evidence, or to keep the child at the door corner and
make the victim give evidence. Because the child is isolated , the child
disgorges all the facts clearly.
Children who have faced various sexual victimizations , coming to courts
from far away places , have issues because the probationary officer does
not duly attend courts. Many of the small children who have fallen victims
to sexual abuse arrive in court with the witness. In such cases the witnesses
are not taken into the court.
In advanced countries , the judges of courts hearing juvenile cases even
change their dress code to please the children. Most children have a phobia
for lawyers dress. In such instances the lawyer has to come to court sans
his professional cloak. Some children have a fear of open courts. Children
who have been sexually abused by the father is scared to give evidence
before him. In such cases , it becomes necessary for the court to cover the
dock with a special curtain. Children are also frightened of mounting the
witness box. Because of these situations , the courts must create a most
favorable environment for children in this era of rape and sexual abuse of
Children are an asset to the country. The guardians are responsible for their
destiny. They can meet with various mishaps , but this crime is not an
accident. In advanced countries , in mishaps like these, cases are filed
against the parents too.
From childhood these children are taught to say yes, never are they given
an opportunity to challenge. Their views are stifled and disallowed to
grow .The children from the time they start schooling they are taught to tell
lies. They are not permitted to follow the subjects they like. Therefore it is
these children who are disappointed and disillusioned with life who become
social outcasts.

Sex education should be imparted from year one

Sex education should be imparted to the children from year one. Today ,

technology and medicine are highly advanced. Children who are subjected
to this fate must be counseled to boost their mental state and equilibrium.

The victim rapes his own sisters daughter

At the conclusion of a case , the accused was ordered to pay compensation
to the victim . The latter did not arrive in court on the stipulated date to
collect the compensation. When it was probed , it was discovered that
because the daughter of his own sister was raped by him , he is in remand
custody .
In another incident in which a five years old girl was raped , the court was
informed by the victim he loved me . That is how the rape was described
in court. This is all because of lack of sex education.
Inventors like Graham Bell, Thomas Alva Edison , Isaac Newton and many
scientists of the world were not very bright students,yet their parents
mounted all the adversities and put them on the right track.
In our country , students who are incapable are just neglected in the class.
Thereafter some children who could not make a success of their formative
years , turn hostile and feel jealous. Though laws are enacted and courts
are created , those are not enough. More attention should be paid to
education .
If the society is to be developed from village level , grama niladhari, family
health officer and all related government officers ought to discharge their
duties duly . For every wrongdoing , law has a puishment to mete out.Yet ,
death penalty has still not been introduced as punishment for criminals
found guilty by court in child abuse .
Law has a punishment to those found guilty by court of child abuse it is
rigorous imprisonment not below 7 years and not exceeding 24 years . The
law , in addition has provisions for compensation to be paid to the victim
by the accused.
If the victim of sexual abuse is also murdered ,and if the accused is found
guilty of both offences , death penalty can be imposed . That is, the
accused becomes liable for death penalty only if the charges of murder
are also proved.
The judge is bound to dispense justice . It is not the duty of the judge to
turn critical against the statutary enactments.The power to make a critical
examination is vested only in the Supreme court.
The Anuradhapura special high court judge Khema Swarnadhipathy drew
attention to the fact that the death penalty that is legally existent currently
has not been withdrawn either constitutionally or by the SC. Therefore after

a high court case is heard and concluded , it can be decided whether death
penalty must be imposed or not.
This high court judge of rare dignity and honor while emphasising death
sentence is still valid in law , said, if the judgment is not acceptable , an
appeal can be made to the appeal court , she pointed out.
With thanks to Upali Ananda (Lankadeepa)
Translated by Jeff
(2015-10-15 04:19:49)
Posted by Thavam