SRI LANKAN BILL OF RIGHTS

A comparison between the proposed Bill of Rights for Sri Lanka and the real thing

Since the Sri Lankan legislature is in the constructive process (your mileage may vary) of hammering out a new method of government for Sri Lanka, I took it upon myself ("Thanks" you said? Sure, no problem. You are welcome, any time, no really... thank YOU) to propose a Bill of Rights for Sri Lanka. Amendments to these can be made with a 98 one hundredths (as opposed to 2/3) majority approval of the Parliament or if the Amendments come with a $5 bribe ... for each word.

For those of you who don't know, the first ten amendments to the Constitution of the United States are collectively known as the Bill of Rights. A comparison between the real thing and the proposed bill for the Sri Lankan constitution would be beneficial to all.

First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Proposed for Sri Lanka: Government shall make laws establishing Buddhism as the state religion and forcing everyone to exercise at least one religion; and prohibiting the freedom of speech and of the press whenever the government is questioned; and abridging the right of the people to peaceably assemble if the said people are members of the opposition party; and forbidding to petition the Government for a redress of grievances.

Second Amendment:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Proposed for Sri Lanka: A well armed Militia being necessary to the security of the Government MPs, the right of the said MPs to keep a well armed Militia shall not be infringed.

Third Amendment:

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Proposed for Sri Lanka: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by anonymous callers to the Party Office.

Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Proposed for Sri Lanka: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures which are to be defined by the aforementioned Militia, shall be violated only if the said people are suspected members of a moderate or leftwing political party or known to have written articles to the foreign press; and no Warrants shall be required of the aforementioned well armed Militia which is in charge of all such searches and seizures.

Fifth Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just compensation.

Proposed for Sri Lanka: Non party-members shall be held to answer for any crime to avoid being tortured into confessions by the CID; any person refusing to be a witness against himself shall be judged guilty as charged.

Sixth Amendment:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses for his favor, and to have the assistance of counsel for his defense.

Proposed for Sri Lanka: In all criminal prosecutions, the accused shall enjoy the speedy and public trial by the Government jury; and shall be informed of the nature and cause of the accusation on the day of the trial to restrict him from getting his own witnesses (rather than use those provided by the state) and thereby escaping the legal system.

Seventh Amendment:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of common law.

Proposed for Sri Lanka: In Suits at common law, where the value in controversy shall exceed twenty million rupees, the right of trial by a jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court except when the verdict is not given as planned by the Government prosecutor.

Eighth Amendment:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Proposed for Sri Lanka: Excessive bail from the non party-members shall be required to keep the criminal, aka the accused, behind bars; cruel and unusual punishment shall be administered if the CID and the Militia agrees to such terms and only before the trial.

Ninth Amendment:

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Proposed for Sri Lanka: The enumeration in the Constitution of certain rights of the people shall not be construed to deny or disparage others retained by the Government or the Militia.

Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Proposed for Sri Lanka: The powers not delegated to the Government by the Constitution, nor prohibited by it, are reserved to the Militia or to the party members.