Silence in the Courts, Silence in Society and Women at Peril

Silence in the Courts, Silence in Societyand Women at Peril

Featured image courtesy The Justice Project – South Asia

• by Lalith Gunaratne  on !"#!$#%!"& 

As ' (atched )Silence in the Courts), a

documentary mo*ie by a(ard(inning Sri Lan+an lmma+er Prasanna

-ithanage aired at the .ni*ersity o/ 0tta(a 1uman 2ights Film Festi*al on

3rd 4ecember %!"5, the narrati*e (as all too /amiliar – the 6o(er/ul man

and the 6o(erless (oman – sho(ing man7s unchec+ed re6tilian indulgence

/or 6o(er, 6leasure and to 6rocreate, being 6layed out8 'n this case, i/ not

/or a cou6le o/ more enlightened men (ho belie*ed the (oman7s story

enough to share it (ith the (orld, this too (ould ha*e gone unnoticed li+e

many other *iolations and crimes that some men in 6o(er commit (ith

im6unity8

“Silence in the Courts9 (as a 6art o/ a series o/ international lms

highlighting com6elling human rights issues /ocusing on the theme o/

*iolence against (omen8

 This lm is about t(o (omen /rom rural Sri Lan+a, se:ually abused by a

 Judge nearly t(o decades ago (ho try in *ain to see+ justice8 They (ere

asserti*e to re6ort the crimes, e*en as they (ere stigmatised by their o(n

community8 1o(e*er, their 6lea is ignored and sub*erted by the country7s

highest legal authorities including the Attorney General (ho later became

Chie/ Justice – journalist and 6ublisher o/ 2a*aya, -ictor '*an begins to (rite

inde6th stories highlighting their 6light8 ;o other media co*ered the story

and -ictor '*an is e*en ridiculed /or his e<orts8

 The (omen ha*e no recourse until nally, than+s to '*an and a human

rights la(yer, some justice is meted to the 6er6etrator8 The Judge is

subjected to an internal in=uiry and interdicted (ith 6ay8 The story ends

there /or the (omen, (ho /eel justice (as denied as they did not ha*e the

means to ha*e their rights as a citi>en recognised8

 The lm traces stories o/ these ha6less (omen, the bra*e journalist and the

committed human rights la(yer, through court records and articles, to

unco*er this shoc+ing miscarriage o/ justice and ho( the 6o(er/ul

collude to co*er u6 /or each other7s crimes8

Prasanna -ithanage (as at the screening /or a con*ersation (ith the

audience8 When as+ed (hy he chose to ma+e this documentary – he said,

)' ha*e a +een interest in human rights and this narrati*e is symbolic o/ the

6o(er/ul acting (ith im6unity in many /acets o/ Sri Lan+an society, (hich

has shame/ul re6ercussions /or the country98 1e trusts the lm (ill bring

this to6ic to the sur/ace /or re?ection, con*ersations and /or e*eryone –

6arents, educators, 6oliticians and go*ernment – to ta+e action, to ma+e

things di<erent in Sri Lan+a and most o/ all, in this case – bring justice /or

the (omen8

0ur ;ature and ;urture

At a /undamental le*el, human beha*iour is 6redicated on nature – our

6hysiology and chemical balance – and ho( signicant 6eo6le in our li*es

nurtured us8 0n the side o/ nurture – What e:am6les did (e ha*e in li/e@

What *alues (ere instilled in us@ What +ind o/ con*ersations did (e ha*e

(ith our 6arents, elders, teachers and mentors@ What +ind o/ a society did

(e gro( u6 in@ 1o( (as our sel/esteem sha6ed@

As (e gro( u6 as adults, (e are su66osed to mo*e a(ay /rom being sel/

centered and im6ulsi*e, to control our emotions and 6rimal im6ulses to 6ut

o< our need /or instant gratication, so (e may learn to li*e and share li/e

(ith others (ith decorum and in harmony8

Sri Lan+an society has been caught in the (hirl o/ a brutal (ar, (here the

mergency regulations ga*e 6olitical leaders and their bureaucratic cronies

unlimited 6o(er8 This coincided (ith an o6en liberal economy (here money

and consum6tion dened 6o(er and success rather than one7s *alues and

integrity8 This has enshrined a *ested sel/interest in Sri Lan+a7s cultural,

6olitical, economic and social institutions8 When unchec+ed, this culture

breeds a certain re6tilian selsh indulgence, in those (ho are in 6ositions o/ 

6o(er8

Canada7s Problem

 Bet this is not a Sri Lan+an 6roblem alone, as Pro/8 John Pac+er – 4irector,

1uman 2ights 2esearch and ducation Centre, .ni*ersity o/ 0tta(a,

6ointed out (hen he introduced the ne:t documentary – )Finding 4a(n9 by

Christine Welsh – a Canadian etis Dmi:ed Aboriginal – French heritageE8

4a(n is one o/ an estimated ",!!! Aboriginal (omen in Canada o*er the

6ast 3! years, murdered or disa66eared across Canada8 The heart

(renching mo*ie illustrates the dee6 historical, social and economic /acts

that contribute to the e6idemic o/ *iolence against ;ati*e (omen in

Canada8

Again, the same narrati*e – 6o(er/ul against the 6o(erless and Canada is

shamed by the inaction o/ the 6re*ious Conser*ati*e go*ernment o/

Ste6hen 1ar6er, (ho merely stated that these are crimes that the Police

ha*e to sol*e8 't is also alleged that these crimes ha66en (ithin the

Aboriginal community, so mainstream society can stay abo*e this as this is

an )Aboriginal 6roblem98 The irony is that the Police had not sol*ed many

o/ them8

 The result is, as the documentary de6icts, the Police and go*ernment

authorities do not 6ut the same e<ort unless the missing (omen (ere o/

uro6ean ancestry8 any o/ the *ictim7s /amilies *oiced their dismay about

this second class treatment8

'n this dominant Canadian narrati*e, there is no ac+no(ledgement o/ the

systemic racism that 6re*ailed o*er the !! year colonial history o/

Canada, and in the last "5! years, 6luc+ing children a(ay /rom Aboriginal

/amilies to residential schools, (hich too+ a(ay their culture, language and

sel/ esteem8

 Then ' came across this bi>arre story /rom -ancou*er, ritish Columbia DCE

in the "HH!s o/ the /ate o/ t(o la(yers – a C Cree (oman, 2enate Andres

Auger and Jac+ Cram (ho brought /or(ard allegations about the se:ual

e:6loitation o/ children at the -ancou*er Club and resorts in Whistler, C by

some 6o(er/ul men8

'n "HHH, Jenni/er Wade, a /ounder o/ Amnesty 'nternational in -ancou*er,

re/erred to this in a +eynote 6resentation at the Global Con/erence on the

Commercial :6loitation o/ Children and Bouth8

She said )s8 Auger and her la(yer, Jac+ Cram, (ere rst not listened to in

the court, and then (ere handcu<ed and dragged out o/ the courtroom to a

 jail cell8 When Jac+ Cram e*entually did s6ea+, he 6ut be/ore the judge

some o/ his allegations in*ol*ing co*eru6s by the head oIcers o/ the La(

Society and the judiciary to aid and abet 6edo6hiles and drug dealers8

When he insisted on gi*ing more details on radio, Jac+ Cram (as met by ten

6olicemen u6on his return /rom a radio station8 1e (as then 6ut into an

ambulance and ta+en to the 6sychiatric (ard o/ -ancou*er General

1os6ital8 1e belie*es he (as injected again and again (ith mind

disorienting drugs89

' (as so shoc+ed to hear o/ this ha66ening in Canada, as it coincided (ith

me reading the same story in Anthony J 1all7s (ell researched boo+, arth

into Pro6erty D66 3H3H!EK

;o 6ublic in*estigation into the treatment and accusations o/ AndresAuger

and Cram e*er too+ 6lace8 We can only s6eculate, there/ore, on the

circumstances behind such a dramatic colla6se o/ dignity and due 6rocess

in the criminaljustice system8 Certainly it is made to seem 6robable that

some highly 6laced grou6 or indi*idual belie*ed that he, she, or they had a

great deal to lose i/ AndresAuger and Cram had been able to 6ress

charges8

't (as then =uite 6oignant, as ' (as reading arth into Pro6erty, allegations

(ere made against the uebec Pro*incial Police in 0ctober %!"5 /or abuse

and se:ual assaults against aboriginal (omen in -ald70r, north o/ ontreal,

made 6ublic in a re6ort /rom 2adioCanada7s in*estigati*e

6rogram n=uMte8

2es6onsibility and the Po(er o/ Position

0n 0ctober %%nd, %!"5 in addressing these issues, uebec Premier Phili66e

Couillard stated, )There is no tolerance in our society /or any act o/

o66ression o/ any +ind N 6articularly not /rom 6eo6le (ho hold 6ositions o/

6o(er and es6ecially not to(ard segments o/ the 6o6ulation that are

already in *ulnerable 6ositions due to their status N Aboriginal (omen7s

status in 6articular89

 This is e:actly it – 6eo6le (ho hold 6ositions o/ 6o(er ha*e to be the most

res6onsible, as they e6itomise the la( and the duty to sa/eguard e*ery

citi>en8 '/ they do not ta+e this res6onsibility seriously, their immense

6o(er enables them to mani6ulate the system as they (ish o*er 6o(erless

6eo6le8 When the 6o(er o/ 6osition is misused, e*en by one 6erson going

astray, it 6lays ha*oc (ith society, as it creates /ear and *ulnerability8

 Then, (hen the 6er6etrators are 6rotected by the *ery system that is

su66osed to en/orce the la(, it adds insult to injury8

1o( do (e bring this con*ersation to the sur/ace to e:amine the root

causes@ This con*ersation needs to co*er *alues, 6arenting, schooling,

culture, gender, class, go*ernance, the (ill to u6hold and en/orce the la(

and the im6ortance o/ leadershi68 When the 6olitical 6rocess has eroded

(ith e:6ediency /or the 6o(er/ul, a culture o/ im6unity 6er*ades and is

endemic as it is in Sri Lan+a and in Canada, (hen it comes to

disad*antaged 6arts o/ society8

'n today7s age o/ in/ormation and social media, the em6eror is e:6osed

(ithout clothes, as the 6o(er/ul cannot hide their misdeeds using the

system anymore8 ;o( these stories are coming out, and the credibility o/

our go*ernments and 6olitical leaders are at sta+e8

 The =uestion is, ho( do (e change this situation@

 The moral com6ass o/ 6eo6le also de6ends on culture, history and the

socioeconomic situation8

'n any society, there is a certain 6ercentage o/ 6sycho6aths and socio6aths

on the bell cur*e to di<erent degrees o/ aOiction8 First o/ all, it is

go*ernance, as la(s ha*e to 6rotect 6eo6le /rom these crimes and they

ha*e to be en/orced8

 The other side o/ the coin comes /rom nurture8 Positi*e 6arenting and

teaching is crucial to build sel/ esteem and to reduce socio6athic

tendencies8 Sel/ esteem leads to 6ersonal res6onsibility that comes /rom

*alues and conscience8

Crucial Con*ersations

 't is really true that it ta+es a *illage to raise a child8

't is those con*ersations ' had (ith my mother and e*en more (ith my

grandmother, about being a man o/ honour, about the im6ortance o/

res6ect, that ' +no( became the *oice o/ reason that tem6ered my

beha*iour, to control my 6rimal re6tilian im6ulses in certain situations8

Gaining the s6ace to thin+ o/ the conse=uences, the bigger 6icture o/ ho(

my beha*iour and actions im6acted on others hel6ed to bring some

rationality to highly emotional situations8

 That is (hy ' belie*e (e ha*e to go bac+ to those basics8 We ha*e to catch

abhorrent beha*iour at a young age8 Parents are best 6laced to notice and

correct beha*iour 6atterns and ne:t come the school and then the

community – the neighbours and our s6iritual guides8

1o(e*er, there has to be a /rame(or+ /or a 6ositi*e society in 6lace that

res6ects man and (oman ali+e as distinct 6artners8 '/ mothers and

grandmothers and other /emale elders, siblings, /riends are to ha*e an

in?uence on young men, society has to res6ect (omen and this should be

re?ected in the media8 0nly then can the signicant (omen in our li*es

in?uence us – as sons, grandsons, ne6he(s and brothers, husbands, /athers

– to res6ect oursel*es rst, so (e can res6ect the (omen in our li*es to

/orm our true 6artnershi6s to ma+e this (orld a better 6lace8

2iane isler, in her boo+ Chalice and the lade says (e li*e in an e:citing,

dangerous time in (hich (e can o*erthro( our hierarchically controlled

6atriarchal system and re6lace it (ith a technologically ad*anced model o/

the 6artnershi6 system in (hich both genders (or+ together to em6hasi>e

the nurturing side o/ li/e8

 The only (ay to ma+e that ha66en is to ma+e mo*ies li+e Silence in the

Courts and Finding 4a(n mainstream so more and more 6eo6le can ha*e

these crucial and im6ortant con*ersations8

Posted by Thavam