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by the Consumer Watch

Non-Implementation of Laws

The non enforcement of existing laws was the basic matter we referred to on an earlier occasion. The absence of laws or the inadequacy of an existing law is one aspect of the ineffectiveness of law. An equally important matter is the non-enforcement of existing laws. Such non-enforcement not only brings the law into contempt by the wilful non-compliance with it, but could well endanger the life and limb of citizens.

Several examples readily come to mind. A few weeks ago was a prominent feature headlined "Nearly one million evading tax net". It is observed that less than 200,000 people pay income tax. The result would well be that consequently the Department of Inland Revenue may not reach the Revenue budget of Rs. 203 billion. The proposed remedy it was stated was to implement the restructuring programme which had received Cabinet approval last year and for which the Asian Development Bank had pledged Rs. 100 million. No doubt the purpose of this restructuring exercise would be to enhance the efficiency of the Department of Inland Revenue.

The question we wish to raise is whether nearly one million or a substantial portion of the non tax payers cannot be roped in to pay these taxes to the State. One has only to walk into many a shop to realise that no bills are issued for purchases made, or at best the amount paid is entered on a piece of paper but seldom is a bill issued.

This is a common ruse adopted by many a shopkeeper to avoid investigation on the turnover of a business. If the investigators of this Department keep their eyes open there can be no doubt many hundreds if not thousands can be detected and files opened, for them. An eye should be kept open on those who send 'nill' returns. The moment they realise that the Department is keeping them under 'surveillance' sooner or later they will begin to pay taxes however small to start with.

Take another example of obscene publications. A few days back was a news item announcing "New laws to curb obscene literature". It was announced that the new Minister of Cultural Affairs and National Heritage had said that new laws will be enacted to curb the publication of obscene literature and publications and exhibition of phonographic literature.

The reason given for the necessity of new laws was that existing laws were inadequate and that an Act to curb the menace of the publication, sale and exhibition of obscene literature, pictures and photographs was being studied by the Cabinet and that a new law will be introduced in Parliament very soon.

The question that Consumer Watch would like to raise is why the existing laws are said to be inadequate. It may well be that with new forms. of communication the present law may in fact be inadequate to meet fast changing circumstances.

The fundamental question however is whether the existing laws have been sought to be enforced vigorously. It is very rarely that one sees a news report of a detection made. But it is a matter of common knowledge that such publications are available freely near schools, as school children are an easy target for such publications. So too are blue films and solacious tabloids. The law requires that copies of all publications be sent to the Department of Archives. We are certain this is not being done. Is it the inadequacy of the law or the lackadaisical attitude of the enforcing authorities?

To inform the public that a new Act is being studied by the Cabinet is to imply that the new law has already been drafted. Why has not the main feature of the new law been made public so that interested citizens and groups can comment upon them?

As there is no question of great secrecy involved, should not there be a public debate on the question of the inadequacy of the existing laws and the need and efficacy of the new proposed law, for after all, this is a question of public concern? The Secretary to the Ministry had told the Press that the Ministry had "completed several studies" Who designed the format for these studies? What publicity was given to such studies? Please do tell us even now.

How authentic were the conclusions drawn? What is even more surprising is the Secretary's sanguine expectation that "they would introduce a countrywide program to wipe out phonographic material".

Would he mind telling the public what this programme is going to be? If he expects public co-operation he should already take steps to enlist pubglic co-operation of concerned citizens and citizen groups. We are somewhat amused by the assertion that the proposed new Act is now being studied by the Cabinet, when there is so much happening around us that requires the urgent attention of the Cabinet.

Take another example. A news item a few days ago stated that alcohol is the main cause of fatal motor accidents. It is estimated that 39% of fatal accidents on the road is due to inebriated drivers. The T.V. shows crushed vehicles regularly - the result of nasty accidents.

Lorry and bus drivers who stop at all-night eating houses and who are fed and given drinks would largely be responsible for this sorry state of affairs endangering the lives of both passengers and others using the roads.

Even after the fatal accident at Alawwa no so long ago, when a fully laden bus went beyond the barrier across the railway line getting on to the unobstructed other half of the road when the on coming train crashed into the bus, the very next day it was reported that another bus driver did the very same thing.

Whether this was due to drinks or otherwise, condign punishment for life is the only deterrent punishment that fits a crime of this nature. The IGP is reported to have said that the Police, the Attorney General and those involved in applying the law should work together to punish these offenders. Brave words indeed. But further down in this same article it says when a drunk driver is detected by the Police at night it is just a matter of paying a small fine and getting the licence back the next day.

The same inexcusable practice was reported in the Press sometime back, that young people in flashy cars are stopped when coming from late night parties and all that happens when stopped by the Police is that the wind shield is lowered and a green currency note passed. The Police Chief takes credit for the reduction in cases of drunk driving.

What Consumer Watch says is that in the interest of all road users a sustained and unrelenting campaign of detecting such offenders should be launched and maintained. Will the IGP or his DIG Traffic tell the public what happened to the breathalyser equipment imported at considerable cost which was hardly put to use.

May be this equipment is lying in some store unused and gathering dust. If the equipment was useless why was it imported in the first instance? What is the practice of making detections and prosecuting offenders in Court, adopted in other countries? All that a Police Officer making a detection of a driver driving after consuming liquor is to say that he was "smelling of liquor".

This is a far cry from proving a charge of driving "under the influence of liquor". Even if a driver is found to be "high", in order to establish the case in Court, the offender will have to be produced before a medical Doctor to be tested. This takes time and with the passage of time the level of alcohol in the blood will diminish resulting in failure to prove the charge.

This is no doubt the reason why the breathalyser was to be used. If it is the case that that too can be challenged in Court, please consider what the more technologically advanced countries do. In Japan there is a special prison for traffic offenders!

The perception of Consumer Watch is that this again is one more situation where by non-implementation the law is brought into utter contempt.

One more instance is the Declaration of Assets Law- The purpose of this law was no doubt to make a meaningful step towards a corruption free society. At the inception the law was that all those who held public office do declare the assets owned by them, their spouses and family members.

There was no difficulty in doing so either, if they were resorting to hide - if in fact there was nothing to hide. It did not take long to realise that this law did not quite achieve its objective by being a deterrent against corrupt practices as the declarations made were filed and one has yet to hear of any follow up action being taken.

At a time when very serious allegations are being made quite openly in the Press not only against politicians but also against Public Officers by Defence Correspondents in the Sunday newspapers, it is tragic that no inquiry whatsoever is even attempted to be instituted to inquire into them.

After all, if the allegations are without merit and are unjustified, it is in the interest of those against whom the allegations are made, to be cleared so that the dark clouds of suspicion do not besmirch their reputation which is perhaps the priceless asset of anyone holding public office. If however no inquiry is held the tarnished reputation will continue to be tarnished. No one so far has sought to clear their names by going to Court, nor has anyone publicly denied such allegations.

Sometimes after the Original Declaration of Assets law was passed, an amendment was introduced permitting any member of the public to apply for a copy of the Declaration on payment of the prescribed fee. However the fee was never prescribed! Nor was any fee gazetted! The result, the amendment was rendered ineffective for a long time and today no one seems to care about this salutary legislation of the need to declare one's assets. The result - corruption being rampant and people not having to explain the wealth they have accumulated and flaunting it in luxurious living.

No less serious are instances of professionals who do not issue receipts for the fees they collect. See for instance the complaint of a patient regarding the non-issue of a receipt by his dentist of which he had written a letter to the Editor of one of the newspapers. What about other professionals well known for the non-issue of receipts for fees they collect.

Instances of laws not being implemented are therefore numerous. Laws are designed for the good of society. Much effort is generally expended on the drafting of laws.

Much time and public money is spent on Parliamentary debates before approving the law and placing it on the statute book. But soon many laws gather dust by non-implementation. e could do no better than to quote the observations of a perceptive commentator of the local scene who writing on 'Morality or Anarchy' stated as follows "......we have produced a nation of beggars and hangers on.... The rich and their brats throng the nightclubs and casinos and engage in riotous bust ups. The checks and balances so necessary to ensure freedom have all collapsed.

The rule of law has collapsed and the immunity of the high and mighty has received de facto recognition with the IGP defending the disgusting behaviour of one of them by even letting down his own subordinates". This is the naked truth we all can see.

The brutal slaying of perhaps the most distinguished Sri Lankan of recent times exemplified the descent down the gadarene slope towards total self-destruction of this blessed land. Is there a single role model left in the public life of Sri Lanka for others to follow?

Consumer Watch is deeply concerned with the steady decline in standards of public morality and with non-compliance with existing laws. We are at 143A, Vajira Road, Colombo 5.

www.ceylincoproperties.com

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