Devon Dick SENIOR RESIDENT Magistrate of St. James, Glen Brown, bemoaned that he has to ride the ass of an asinine law which makes a distinction between children born to couples who are legally married and to children born to couples in non-legal unions. In addition, it moves from the sublime to the ridiculous when a woman who is married, has or had a child out of wedlock and brings action against the father in order that the father will assume financial responsibility for his child the court then has to remind the woman that the child is the responsibility of the husband and not of the father. While on the other hand, if she has been divorced and remarried, the first husband who is the father will have to give monetary contributions to his child as he ought.
This untenable situation is due to the fact, according to the learned judge, that when Parliament brought in the Status of the Children's Act in 1976, it did not repeal the Affiliation Act. So the judge has to merrily ride this ass of a law.
In this modern and enlightened age, it is sad that the judge has to take this ride. He should have a medium to fast-track these complaints against the law and bring it on the highway of progress. In addition, the Jamaican Bar Association, groups that advocate on behalf of children, and human rights groups should be in the forefront in advocating against this injustice. It would have been good for the church to be an ally with this conscious judge but some churches practise discrimination against children born out of wedlock.
MANY MORE ASININE LAWS
However, the judge has to ride many more asinine laws and it would be good to hear his views on the other asses. The law states that males engaging in homosexual acts have committed a crime while the law is silent about females engaging in homosexual acts. In addition, females committing capital murder cannot be hanged but males can be. Not to mention that Jamaican reggae artistes performing at a stage show can be charged before the courts for using indecent language but if it is filmed and aired on a foreign TV network and beamed to Jamaica then it is artistic. Furthermore, drinking alcohol in excessive amounts causes more damage than smoking ganja yet the former is legal while the latter is not. And to top it all, there is one law for the rich, famous and powerful and another for the poor and marginalised.
Then the judge can turn his attention to international laws that make an ass of us all. The Geneva Convention of 1949 outlines how prisoners of war ought to be treated and the USA is in violation based on the treatment of prisoners in the present Iraqi conflict, yet we hear no outcry nor government protests. But CARICOM threatens Haiti with sanctions because of a worsening situation, but no sanctions for the USA.
Interestingly, who is going to try USA president and British Prime Minister for war crimes before the International Court of Justice and determine whether the international law is really an ass? Already, a group of eminent law professors from around the world believe that a case can be made against Britain, based on the use of cluster bombs in Iraq. And there could be a case for an illegal and unjust war. Former Cabinet colleagues on both sides of the Atlantic have questioned the veracity of statements made by President of USA, George Bush and Prime Minister of Britain, Tony Blair. It was known for a long time that there were no weapons of mass destruction. It was known that no strike was imminent. It was known that Iraq was not linked with 9/11 attacks on USA. The international community is going to look like an ass when Bush ends his presidency and relatives who have lost loved ones or those who were maimed in the pursuit of an illegal and unjust war bring lawsuits against Bush.
In addition, can the goodly judge say why obeah is illegal? Isn't it also asinine that Resident Magistrates have to retire at age 60 while Supreme Court judges retire at 70? Why does the law permit Portmore residents to vote directly for a mayor while Jamaican citizens cannot vote directly for its Prime Minister, etc. Why can a 16-year-old girl legally have children but is not be able to vote in General Elections or drive a vehicle?
It is time to stop riding these 'asses' and dismount and change these laws.
The Rev Devon Dick is pastor of the Boulevard Baptist Church.
