SRI LANKA: Finding indicators for the reform of the operational system of criminal justice
Basil Fernando April 26, 2012
At the very outset it is necessary to place the problem of criminal justice reforms in SouthAsian countries in its actual context. The existing criminal justice systems are in serious crisis and this needs to be the starting point when we discuss this matter from the point of view of reforms.
That the criminal justice systems in South Asian countries are in crisis is not a matter about which there is controversy. Almost everyone, the governments, the civil society organisations, the professionals who are directly involved in the justice process, like judges, lawyers, academics in the legal field, the prison officers and police officers would hardly have any objection regarding the assertion that the systems are in crisis. The journalists and other public opinion makers are all the time, illustrating this crisis through their reports and writings.
The creative writers of all local languages in South Asia have been writing over a long period about the ingrained injustices and even the stupidities that are so widespread within the actual practice of the various sections involved in the administration of justice. Some of these writings portray heart breaking stories of injustices and others satirise the system. There is now even writings in English from authors from the region who write in the same manner as the local language writers. One such novel of recent times which scathingly exposes the contradictions in what is called the justice system in India is the novel 'The White Tiger' written by Aravind Adiga. In one of my poems I have tried to reflect on this in the context of Sri Lanka.
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