A feasible solution to doctors’ agitation
by Professor Abaya Aryasinghe
The 13th amendment to the Constitution deals with the establishment of the Provincial Councils. The new Chapter XVII-A embodies the provisions therein. The 9th Schedule of the main Constitution accommodates lists of subjects assigned to the Government, Provincial Council and of those common to both.
Regarding the subject of health para 11 of List 1 (Provincial Council List) runs as follows:
11:1 The establishment and maintenance of public hospitals, rural hospitals, maternity homes, dispensaries (other than teaching hospitals and hospitals established for special purposes:
11:2 Public health services, health education, nutrition, family health, maternity and child care, food and food sanitation, environment health;
11:3 Formulation and implementation of health development plans and of the annual Health Plan for the Province;
11:4 The provision of facilities for all institutions referred to in 11:1 above within the Province, excluding the procurement of drugs;
11:5 Awarding of scholarships for postgraduate education within Sri Lanka to personnel attached to the institutions specified in 11:1 above.
The List II (Reserved List) includes National Policy on all subjects and functions. It does not however emphasis health services. List III (Concurrent List) mentions the subject, health details of which are given as follows:
9:1 Schools for training Auxiliary medical personnel;
9:2 The supervision of private medical care, control of nursing homes and of diagnostic facilities within a Province;
9:4 Constitution of Provincial Medical Boards.
Although Lists are thus provided Parliament is free to make laws with respect to any matter set out in List III (Concurrent List) of the 9th Schedule, after such consultation with all Provincial Councils as Parliament may consider appropriate in the circumstances of each case (Ref. 154 G (5). On the other hand, every Provincial Council may make statutes applicable to the Province with respect to any matter on the Concurrent List (List III) after such consultation with Parliament as it may consider appropriate in the circumstances of each case (Ref. 154 G (6). Clause 153 G (73 of the Constitution prevents a Provincial Council to make statutes on any matter set out in List II which the Reserved List The subject, health is dropped in this List. Yet with its commencing clause ‘National Policy on all subjects and functions’ Health is deemed to be covered.
As provided in the clauses of the Constitution stated above Government and the Provincial Councils could possibly make statutes on health matters after mutual consultations and not otherwise. The Cabinet decision taken in March to declare health services to cover the whole island, in my opinion, is lacking to cover requirement ‘mutual consultation’. It is presumed, therefore, that Cabinet decision violates the provisions in the Constitution.
The Government, according to the provisions in pare 11:1 of List l, has authority to establish teaching hospitals and those for special purposes. (Vice bracketed words in 11.1 of List I). The medical officers serving in such hospitals are clearly Government officers detailed to serve the Government hospitals managed by the (central) Government and not by the Provincial Councils.
There is no prohibition for a Provincial Council to appoint and maintain a team of doctors of their own to serve in their hospitals. The movable and immovable properties of the existing hospitals other than teaching hospitals etc. may be transferred to provincial administrations but not the medical staff, for they are the employees of the central Government. Their appointments, promotions and other service conditions have to be decided by the employer, i.e. Central Government. Thus the medical officers are bound to serve only the hospitals of the Central Government.
If the provisions of the 13th amendment are faithfully followed there could not be any inconsistency over the problem of medical officers.
The way out of the present controversy could be pointed out in the following manner:
1. Let the doctors already in service in Government hospitals be treated as those of the central Government employees.
2. Let the Provincial Councils establish hospitals of their own as provided in pare 11 of the List I of the 9th Schedule. A new team of doctors may be recruited to serve such hospitals. If any change is contemplated, let the Government and Provincial Councils follow the provisions as shown in pare 154 G (5) and (63 of the Constitution. To achieve this result no Constitutional changes are called for.
LTTE: Threat or protection?
Writing under the headline "LTTE hell bent on assassinating President Chandrika Kumaratunga", in your paper (Sunday 11 July), your Defence Correspondent states that Prabhakaran has intensified attempts to assassinate the President, because the Government’s war strategy is placing the LTTE in a very awkward position. He hopes, by killing the President, to shift the balance of power on the political scene, thereby causing a change of war strategy.
Your Defence Correspondent does not address the obvious question to which his own proposition gives rise. If the Government’s war strategy is so effective that it is pushing the LTTE to the wall, why would any successor regime discard that strategy? How could Prabhakaran be sure that, if he succeeds in killing the President, her successor would necessarily reverse a supposedly effective strategy? Has your Defence Correspondent perhaps succumbed to the "Emperor’s Clothes" syndrome?
For the benefit of such of your readers as may be unfamiliar with this allusion, it bears mention that it relates to that well-known parable, marvellously rhymed and recorded to music by the incomparable Danny Kaye, where an Emperor parades in public, surrounded by sycophantic courtiers singing praise to the quality and cut of his clothes, until a watching child cries out: Mummy, why is that man without any clothes?
Let us consider an alternate scenario. Prabhakaran requires two conditions to be met, for the successful achievement of Tamil Eelam under his leadership. Firstly, the total alienation of the Tamil community from the Sinhala-dominated Government of the day. I do not include in my reference to the Tamil community here, those well-heeled Tamils of Colombo 3, 5 & 7, who have run with the hare and hunted with the hounds throughout our national crisis, nor those armed, mercenary and criminal Tamil groups who masquerade es ‘moderate democrats’.
Secondly, the serious if not total enfeeblement of the State of Sri Lanka, making it incapable of resisting Prabhakaran’s ultimate assault. Let us then consider where we are placed, after five years of the President’s governance.
Having come to power on the promise of successfully resolving the Tamil question, she remains as far from its achievement as ever. The ever increasing numbers of displaced and disadvantaged Tamils in the north and east are becoming ever more disillusioned, discomfited and discouraged by the Government’s failure to rehabilitate, reconstruct end restore normalcy in areas supposedly under Government control.
At the same time, the President’s confrontational political style, her demonstrably cavalier disregard for professionalism, integrity and transparency in governance, and the undermining of all institutions of state through jobbery and its attended sycophancy have seriously undermined the capacity of the state successfully to confront the LTTE’s terroristic challenge to its writ.
It that indeed be so, then surely it is in Prabhakaran’s interest to prolong the President’s tenure until he is ready to mount his ultimate challenge. It bears recalling that when, in the opinion of many political watchers and commentators, the Presidential election campaign of 1994 was boiling up to be a very close run thing indeed, Gamini Dissanayake was blown-up by the LTTE, thus assuring the President of virtually uncontested election.
The alternative proposition advanced here, for consideration by your Defence Correspondent and like-minded others, is that, far from Prabhakaran mobilizing his cadres to kill the President, he is probably taking steps to ensure that her tenure does not end prematurely, for him, through any ineptitude on the part of the President’s own security services!
W. Chandrasri
Buddha in teledrama
I was shocked to see a teledrama aired on Rupavahini on Vesak Poya day - a thrice sacred day to the Buddhists. In it a layman was portraying the character of the Lord Buddha! This I would say is a shameless and sinful act!
Since the passing of the Lord Buddha for 100 years people were reluctant to make at least a statue of the Lord Buddha. At that time people knew well who Lord Buddha was as HIS passing away has occurred not very long ago. Subsequently symbols denoting the Buddha, and still later statues were used to portray him, but never through a person.
Even in the film called Angulimala nobody acted as the Lord Buddha. Similarly in western countries, viz. (film called Little Buddha), though they portrayed the character of Bodhistva, nobody acted as the Lord Buddha. They preserved the respect for the Enlightened one. If people in a Buddhist country are not averse to destroy their own religion, eventually drunkards may as well portray the character of the Enlightened one. The Rupavahini Corporation should know what they should do and what they should not do. When stupid people earn money they do not care about the respect due to their religion, culture or civilization. Is the producer ignorant to the extent that he could not understand that nobody should portray the character of the Lord Buddha.? The actor memorizes the stanzas which the Lord Buddha uttered and repeats "I am the Lord Buddha." Isn’t this a grave crime which they should be ashamed of ? Could not they use a symbol of Buddhism and say that the Lord Buddha uttered so.?
This is a serious situation. There should be an Intellectual Forum (Buddhi Mandala) to look into such acts of degradation. Are the authorities of the Buddha Sasana Ministry illiterate about these matters? Portraying of the character of the Lord Buddha is an inexcusable crime. The reason is that the Lord Buddha is not an ordinary layman, (Pruthagjana), but the noblest among men, pure in mind, body and speech. Should people who cannot protect even the five precepts (panchaseela) portray the character of an "unique being"?
Manjari Peiris
Maharagama
Put out devouring fire
A few months ago the Ministry of Public Administration issued an announcement banning smoking and the sale of cigarettes in all government institutions. Accordingly a circular was said to have been sent to all government institutions.
Yet I would say that this directive has not been complied with. The lapse could be due to weak supervision. Accidentally, I was able to witness some people including a woman smoking at the visitors’ parlour of the Katunayake airport which is an air-conditioned place. The non-smokers who were near these people and who had already paid a fee to enter the premises had to get up and move to a place where they could breathe fresh air!
When smokers are around non-smokers, the latter inhale the smoke from the cigarettes and it is called "side-stream smoke" or "passive smoke". Studies have revealed that side-stream smoke contains harmful chemicals that are much higher in concentration than those found in direct smoking. This is due to the reason that smoke burned from the cigarette is released directly into the air rather than being trapped in the smoker’s lungs. Therefore, side-stream smoke contains twice as much tar and nicotine, five times as much carbon monoxide, and even higher levels of other harmful chemicals.
It is natural and reasonable that nonsmokers are annoyed by sidestream smoke. Some people may be allergic to smoke and suffer upper respiratory congestion, heart or asthma problems, headaches and thereby threatens their health.
Is this fair by the non-smokers? This is a matter for the authorities of the Airport to be vigilant about.
Manjari Peiris
Maharagama
Deaths at unprotected wells
There are many deaths of little children. Many instances I have read of deaths from drowning at these wells. What has the state done? With Government Departments, Provincial Councils, Urban and Municipal Councils, Pradeshiya Sabhas and many other money fleecing arms of the State, their officials perhaps suffering from claustrophobia just turn a blind eye and do nothing to prevent innocent child deaths. What happened to the poor husband who cycled home with the monthly pay packet in his pocket, half a litre of kassipu inside him straight to the well. He rode his bike and then to eternity. I know of this instance personally. The best remedy for this is for the State to appoint Samurdhi Niyamakayas. Gramasevakas or Police to go on extensive search operations in all areas be they village or urban and compel the owners of unprotected wells to either wall them or fence them around to prevent those unnecessary deaths. I beseech Parliament to pass this into law, and save the lives of little children who will be victims.
O. P. Perera
Colombo 05.
Book Review
On the brink – Travels in the wilds of India
By Vivek Menon – Penguin Books 1999-07-08Reviewed by Jayantha Jayewardene
I first met Vivek Menon when Raman Sukumar sent him to Sri Lanka and asked me to help Vivek to carry out a study of the ivory trade in Sri Lanka. Vivek is a wildlife biologist with more than an academic interest in both wildlife and biology. Going round with Vivek I was impressed as much by the depth of his knowledge as by his commitment to the conservation of wildlife.
Through his book tilted "on the Brink" Vivek has found a way of creating in the reader an educated interest in wildlife. This is because the book is written not as a chronicle of events or a collection of facts but as a commentary on the present position of India’s wildlife in general and some species in particular. Vivek’s deep knowledge of the animals he is writing about come out clearly in this book. There is an element of caring for the environment and life forms in all South Asian peoples, which are at most times dormant. This attitude of caring may be as a result of the religious background of these peoples. This book brings to the surface that element of caring and urges action. This situation is really bad. We must do something. What should be done? What can we do? These are some of the thoughts and questions that this book evokes in the reader.
Vivek has very witty sense of humour that one comes across throughout the book. The book is liberally laced with many anecdotes. His sense of humour makes these anecdotes more interesting and is the spice that makes the book different and far more readable. It is this humour that helps to emphasise the stark reality of the precarious situation that some of India’s wildlife are facing. The reality of the situation is startling.
Increasing populations in the developing world, demand more and more land for this explosion of people. As a result wildlife habitats have to be cleared thus putting pressure on existing wildlife populations, some of which are already threatened with extinction. The apathy and indolence of the officials, the disinterest of the general public, bribery and avarice are other factors that have driven most wildlife species to the brink. This is clearly revealed in this book.
On the Brink also introduces the reader to the habits and intimate life styles of the various species described. This helps to create an affinity between the reader and the interesting species he is reaching about. The more information and knowledge that is spread about threatened species amongst the public, the greater the support that they are likely to give for wildlife conservation. Vivek has very cleverly passed on his knowledge to the reader in a manner that is easily absorbed, holds ones interest and stimulates the feeling that something has to be done now.
Books launches
Book launches are the latest way for people of little worth producing works of little worth to launch themselves. Following the style of tamashas started during the past regime and perfected under this one they invite hundreds of people to witness their moment of glory: lamps are lit in good traditional style, the works are lauded usually by a retired official happy to be once again in the limelight, before everyone shares a cup of tea and biscuit. The book is of course sold outside the hall. Often bankrupt state banks sponsor these events. How do insolvent/bankrupt state banks get involved in these projects?
With all respect to your journalists should not the quality of the books be judged according to other criteria than the noise made about them?
I call for an end to public monies being spent on worthless tamashas at a time our country is at war.
Hector Perera
Colombo 3