SRI LANKA: Press Council condones incitement to rape

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEAL PROGRAMME 

AHRC UA Index:000607 07 June 2000 
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UA 27/00: Miscarriage of Justice 

SRI LANKA: Press Council condones incitement to rape 
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AHRC is deeply concerned with a recent ruling of the Sri Lankan Press Council regarding the publication of a letter vilifying lesbians and inciting rape. Following is a statement AHRC is releasing to

Dear Sir/Madam,

I am protesting against the recent order of the Sri Lankan Press Council, which has stated that lesbianism is an indecent, abnormal and immoral act and that it is not objectionable to publish a call \”to let loose convicted
rapists among the jubilant but jaded jezebels when their assembly is in full swing so that those who are misguided may get a taste of the real thing.\” It is surprising that people representing a statutory body such as the Press Council would allow themselves to express their privately held
opinions through official bodies. I urge you to conduct an inquiry into this matter and to take action against such conduct. Otherwise, in Sri Lanka, where allegations of rape have become so common, this order of the Press Council will only help to worsen the situation.

Yours sincerely,

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PLEASE SEND APPEALS TO

The Chairman
Sri Lankan Press Council
No. 346 Nawala Rd.
Rajagiriga
SRI LANKA
FAX: +94 1 876 511 or +94 1 876 512
SALUTATION: Dear Sir/Madam

Her Excellency President Chandrika B. Kumaratunga
Presidential Residence
Colombo 3
SRI LANKA
FAX: +94 1 333 703
SALUTATION: Your Excellency

Please also send a copy of your letter to AHRC.

day, with a suggested action and sample letter below. 

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SRI LANKAN PRESS COUNCIL COMMITS OUTRAGE IN INCITEMENT TO RAPE CASE 

The Asian Human Rights Commission wishes to express shock and dismay at the unbelievably crude order made by the Sri Lankan Press Council on June 2, justifying publication of a letter inciting people to rape. The Press Council’s decision implies that under some circumstances rape is justified. 

The decision is unreasonable, distasteful and warped. The council members who made this judgement have brought disgrace to their body, abused their power and proved themselves unsuitable for public office. 

The case arose from a letter published in The Island newspaper last August. The author, protesting a lesbian conference to be held in Colombo, called upon police \”to let loose convicted rapists among the jubilant but jaded 
jezebels when their assembly is in full swing so that those who are misguided may get a taste of the real thing.\” 

The Council concluded that these words were permissible and 
unobjectionable. It went on to say that the writer’s view was justified as \”lesbianism is at least an act of gross indecency and unnatural\” and \”somehow, misguided and erratic women should be corrected and allowed to understand the true sense and reality of life.\” The Council conceded that words used in the letter mandate rape, however argued that they were merely 
the author’s way of protesting lesbianism. 

The Council added that the complainant, as an organiser of a lesbian conference, was not an innocent: \”Any complainant, who seeks legal remedies from any court or quasi-judicial body, must come before it in clean hands. Just because the complaint encourages and promotes abnormal or immoral acts in society, he cannot argue that the media has no right to criticise such activities.\” Additionally, the Council held that as the complainant is a male, he could not therefore suffer rape of a manner referred to in the letter and as such had no standing before the Council on the issue. 

Obviously, the Press Council used their session to ridicule the complainant rather than employ their quasi-judicial power to decide the case fairly. These council members are evidently persons holding extreme views against 
lesbianism. This in itself should have disqualified them from sitting as \”judges\” in the case. They should have revealed their opinions beforehand and allowed the matter to be heard by unbiased persons. 

The Council did not go into an inquiry as to whether lesbianism was indecent, abnormal or immoral. They did not base their judgement on any authority except their own prejudice, which is in fact a minority viewpoint in the modern world. They have a right to their anachronistic perspective, however they can not use their quasi-judicial authority to perpetuate it. 

By this order, the Press Council’s authority has been trivialised and due process has been mocked. A few extremists have used legal authority to reinforce their views. It is a moment of shame for the Council. If these council members thought they were making a joke, then it must be said that their humour is low and cheap. In fact, the Council has permitted itself a vulgarity. We condemn this statement and call for the removal of those who made this order. We extend sympathy and solidarity to the complainant in 
the case. 

Asian Human Rights Commission 
Wednesday, June 07, 2000 

SUGGESTED ACTION 

Please write to the Chairperson of the Sri Lankan Press Council and also the President of Sri Lanka to express your outrage at this miscarriage of justice, and to call for an inquiry into the Press Council’s decision on this matter. You may use the following Sample Letter as your guide. 

To support this case, please click here: SEND APPEAL LETTER