October 08, 2008

you got understand or not?

Here’s the thing. On a daily basis (well, almost) I hear one Tom, Dick or/and Harry talk about the importance of bringing the Race Relations Act into existence. Sometimes, I wonder if they even know what the contents are that makes them say with utmost conviction (and confidence) that such Act is necessary.

Honestly, do you really, really know what’s to be put into it, and how it’s going to function?

Since we don’t have that Act, it’s obvious that we will look for a model Act to base our research and drafting on. After all, that’s what we all do. When there’s no local precedent, we look elsewhere because that’s the next best thing to do.

So, if you’ve had enough sense, you would have downloaded the Race Relations Act of the UK ot India (if ada), and realize that there are 80 provisions in the Act and no less than 5 schedules appended to it. I’ve had it for 2 weeks now but I’ve yet finish browsing through the sections.

What I can deduce from the little reading I’ve managed is that this Act will be an extension of Article 8 of our FC. What people don’t understand is that when someone breaches a fundamental liberty, one applies in the constitutional court ( just like applications for Habeas Corpus (which by the way has never succeeded) ) and one may not necessarily get the remedy they think they ought to get.

I think some people are deluded into thinking that when a person discriminates against another, the discriminator will be thrown into prison or punished with a hefty fine or something along those lines.

What they don’t realize is that the Race Relations Act merely lists down what is considered as discrimination under the eyes of law.

Tell me, do you seriously really want something as serious as the law to regulate your relationship with any Chong, Ahmad and Muthu friends of yours?

I think its just common sense really. All a matter of conscience.

Or maybe, just maybe, sense is not so common anymore. And maybe being conscientious is just a god-given trait which not many choose to practice.

atau mungkin, research saya juga terlalu superficial untuk saya memberi komen terlalu awal?

disclaimer: this is not an academic piece to be quoted.

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