Monday, September 28, 2015

Why I am against the death penalty

I have been reading so  many articles for and against the death penalty being re-activated in Sri Lanka. I have also come across people who think that those who are against it may be out of their minds.  For the life of me I cannot see why a person who is against sentencing people to death can be out of their minds.

The conversation and debate around re-introducing the death penalty has been triggered by the terrible rape and murder of a 5 year old child, Seya Sadewmini.  I am shocked by the brutal way her life was taken away from her. Though I have read about thousands of atrocities committed towards humans, women, men and children especially in the area of gender based violence, I can never prepare myself for the sadness and disgust that I feel when I read about stories like hers.

My question though is, how does taking the life of an alleged perpetrator change that? How does it reduce the possibility of this happening to another child? It is still a moot point whether the death penalty has any significant impact on reducing crime.

Actually let me correct what I was trying to ask. My biggest question is how do we as humans or as Buddhists (as Sri Lanka is supposedly a Buddhist country) cry out for another person’s death? Hasn’t our country seen enough dehumanization? We had the LTTE who killed people in the vilest ways, we had our own government at varying stages allowing the massacre of Tamils in 1983, massacring youth from the South as well as thousands of Tamils trapped in the No Fire Zone during the last stages of the war. We also had the JVP who took the lives of thousands without a shred of conscience in the 90’s. And then we had the Budu Bala Sena riot in Aluthgama leading to the taking of lives of four innocent people. These are instances I have heard about in Sri Lanka during my lifetime on this planet.

Hasn’t our country seen enough dehumanization? Shouldn’t it stop with our generation?

A few years ago I was chilled to the bone when I saw  Nicholas Kristoff interviewing an 8 year old Buddhist child in Myanmar. He asked him what he would do if he saw another Rohingya child his age. Without any hesitation the child said, “I will kill him”. I thought to myself as I saw that video, what have we done to our children for them to feel so much hate that taking another child’s life means nothing.

Is this the legacy we wish to leave for the next generation? For them to see killing as a way of dealing with anything ranging from ethnicity, religion to crimes committed by others?

Don’t we just become as inhuman as those who commit these terrible acts against other humans?

The answer to reducing such crimes against women, children, transgendered people and men starts with each individual as well as in all pathways leading to the criminal system.
We are all to blame for not only Seya’s death, but Vidhya’s, Jerusha’s[i] and many others. How many of us instead of holding the men who committed these crimes accountable, question first of “what these girls or children were wearing” or “why were they traveling alone” or “how could a parent or guardian allow a child to travel along that road alone?”.  If Vidhya had been wearing a short skirt instead of a school uniform would the public have reacted differently?  How many of us have seen our male friends talk about women as sexual objects or worse still join in with their eve teasing or other harmful behaviours without stopping them or questioning them? How many of you men and young people have sat comfortably in your seats and “liked” or “retweeted”  posts on such violence or just signed petitions and felt good about yourself without in so much as joining us on the streets when we protest or committing to constructively ending GBV? I have encountered a few men who do support our protests against GBV but feel a little awkward if their colleagues or peers would get to know about it. How many of us have called men who do stand up actively to end GBV “wimps” or “not manly”?.  It is only in the past few months we have seen members of the public, other than GBV activists coming forward openly against these atrocities.

A recent study conducted in Sri Lanka showed that almost all men who perpetrate rape face absolutely no consequences, either from their families, friends or the legal system[ii]. Instead of holding rapists accountable we lament about how a girl or woman’s honor has been violated! We shame the victim or survivor! Seya or Vidhya never “asked for it”! We have seen the statistics which state that so many children face sexual abuse on a daily basis and the perpetrators are either family members or people known to them. We need to empower children to be able to speak out when they feel something wrong is going on in their worlds. Instead what we do is discredit them and tell them that “that person would NEVER do something like that!”. If it is a boy we tell them “to be a man” or “don’t take this seriously as we also went through the same thing” so they will not complain or stand up for themselves.

WE INDIVIDUALLY  AND IMPLICITLY SUPPORT GBV.

This court system we are hoping will be able to sentence the right men to death have released so many alleged perpetrators either through suspended sentences or acquittals, especially in cases of statutory rape (in instances of forced sex with a minor). In Kesara’s case the judge gave bail to four men who raped a disabled person repeatedly over a period of four months at Green Cabin.  In Saranya’s case no DNA testing was done despite her body being exhumed. In Jerusha’s case we found the Kilinochchi police using unspeakable amounts of violence on her mother and family. Transgendered people or homosexuals have experienced very high levels of violence at the hands of the police as they use the archaic criminalization of homosexuality in our laws to intimidate and exploit them[iii]. If Marital rape was illegal in Sri Lanka there would be many husbands facing the gallows! These are the many shortcomings in our judicial process. These are also the same institutions and law enforcement agencies we are hoping will enforce fair judgement on other people. Our state and judicial apparatus has a lot of reviewing to do of it’s own processes before they sound the death knell on others.

What our country needs is an attitude of zero tolerance towards violence. And after an honest reflection and change of harmful attitudes you hold,  a practice  of calling out people who perpetrate violence and hold them accountable, not the baying for another person’s blood. We also need to get actively involved in ensuring our current systems leave no loopholes for offenders.

The human conscience is a sacred thing. Tainting it is easy-trying to keep it pure is the greatest challenge of our human race. But keeping it that way will only help out collective consciousness and the human race. Taking another person’s life or even harming it will never bring those lives back. If at all it will de-humanize you. Shall we actually try to be Buddhists instead of raising that identity when a person wears clothes with the image of Lord Buddha on them? Shall we actually practice what he preached and break this cycle of violence?

Hasn’t our country seen enough dehumanization? Shouldn’t it stop with our generation?




[ii] de Mel, N., P. Peiris and S. Gomez (2013). Broadening Gender: Why Masculinities Matter—Attitudes,
Practices and Gender-Based Violence in Four Districts in Sri Lanka. Colombo: CARE Sri Lanka
[iii]Nichols, A, (2010) Dance Ponnaya, Dance! Police Abuses Against Transgender Sex Workers in Sri Lanka, Feminist Criminology,  5(2), 195-222.  Can be accessed: http://fcx.sagepub.com/content/5/2/195.abstract