Features
Proposed Penal Code amendmentand threat of promotion of sexual abuse of children – IV
by Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development
(The third part of this article appeared in The Island of 13 June 2023)
Joining the discussion, Freedom People’s Congress MP Prof. Charitha Herath has said that they would support decriminalization of same-sex relations, if and when the Bill is presented to Parliament.
‘‘We must engage with two domains to achieve the desired results. One is the political domain and the other is the cultural domain. We can change old fashioned political and cultural establishments through constant engagement. ‘’
‘’The technical approach alone will not usher in a meaningful change. That is why I highlight the importance of cultural discussions, as well, to overcome the existing barriers. Sometimes, I feel that these cultural platforms are forgotten by the younger generation,’’ Prof. Herath explained.
Minister Jeevan Thondaman countered the argument that culture was a barrier in achieving non-discrimination for the LGBTQ community in SL. He said ‘’ There is more than enough evidence from ancient history that same sex relations existed and they were very much embraced many, many centuries ago.’’ Thondaman pledged support to legislative reforms decriminalizing same-sex relations.
(E) Existing Penal Code provisions compared with Proposed Amendments
S. 365 of the original Penal Code: ‘’ Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.’’
In the Penal Code there is no definition as to what is meant by carnal intercourse against the order of nature. According to Indian cases, acts of anal sex and oral sex were considered as carnal intercourse against the order of nature. The Police had no idea as to what is meant by it. Only where there was a complaint of a person having anal or vaginal sex with an animal, like a cow, goat or a bitch, they acted on it. This happened very, very seldom and this provision remained almost unenforced.
However, with the promotion of tourism in the 1980s, many incidents of foreign tourists having anal sex with male children were reported. The Police used to produce the suspects in courts for committing an offence not under this Section but under S. 365A of the Penal Code, carrying a much less penalty.
By 1995 Amendments, S. 365 was amended by adding a clause making it explicitly applicable to punish sexual abusers of children.
1995 Amendment of S. 365 of the Penal Code –
‘’ Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be punished with fine and where the offence is committed by a person over 18 years of age in respect of a person under 16 years of age, the offender shall be punished with rigorous imprisonment for a term not less than 10 years and not exceeding 20 years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.’’
The new Bill proposes to repeal S. 365 and substitute it with the following section:
‘’Whoever voluntarily has carnal intercourse against the order of nature with an animal, shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also liable to fine.’’
Under the proposed Bill, anal or oral sex with any man, woman or child will no longer be considered as carnal intercourse against the order of nature; it will be considered as normal human sexual behaviour, not an offence punishable under the law.
This new Bill proposes to totally repeal S. 365A of the Penal Code, without any substitution.
S. 365A of the original Penal Code:
‘’Any male person who, in public or private, commits or is a party to the commission of, or procures or attempts to precure the commission by any male person, of any act of gross indecency with another male person shall be guilty of an offence and shall be punished with imprisonment of either description for a term which may extend up to two years or with fine or both, and shall also be liable to be punished with whipping.’’
This provision covered offences committed by male persons only. 1995 Amendment made it applicable to cover offences committed by both male and female persons and made provision for imposing deterrent penalties for offences committed on children.
1995 Amendment of S. 365A of the Penal Code –
‘’Any person who, in public or private, commits or is a party to the commission of, or procures or attempts to precure the commission by any person, of an act of gross indecency with another person is guilty of an offence punishable with imprisonment for a term which may extend up to two years or with fine or both and where the offence is committed by a person over 18 years of age in respect of any person under 16 years of age shall be punished with rigorous imprisonment for a term not less than 10 years and not exceeding 10 years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.’’
The Supreme Court Determination on the Bill…
Three persons had filed an application – SC SD No. 13 / 2023 – in the Supreme Court challenging the constitutionality of this Bill. Fourteen petitions have been filed by persons seeking Court’s permission to intervene in the Application and the Court has allowed their applications. Out of the 14 intervenient applications, intervenient petitioners only in two applications have supported the petitioners opposing the Bill. Intervenient petitioners in 12 intervenient applications have supported the Bill, opposing the petitioners.
Among the Intervenient petitioners who supported the Bill, there were representatives of four foreign-funded NGOs that have played a leading role in the anti-Sri Lanka campaign carried on in the UN HRC in Geneva making wild allegations against the Govt.
of Sri Lanka since 2006; representatives of 3 or 4 LGBTQ groups; a former Professor in the Faculty of Law, University of Colombo; a leading NGO figure who has served as the President and two other women who have served as members of the Human Rights Commission of Sri Lanka; a women who has served as the President of the National Child Protection Authority; the person who moderated the discussion at the Canadian High Commission and a major activist in the LGBTQ movement in Sri Lanka.
Having examined and analysed the arguments and submissions of the Counsels for the petitioners, intervenient petitioners, respondents and the Attorney General, the Court has made its determination in a lengthy a Judgement. As mentioned in the Judgement:
This Bill proposes to repeal S. 365A in its entirety. ‘‘It must be reiterated that the cumulative effect of the Bill, as captured in Clause (2) (iii), is that sexual orientation of a person shall no longer be a punishable offence, and any consensual conduct between two adult persons of the same sex, irrespective of whether it takes place in private or public, shall no longer be an offence.’’ – P. 10
‘‘The Counsels who appeared for the petitioners opposing the Bill have presented four arguments in support of their position that the provisions of the Bill are violative of Articles 1,3, 4d, 9, 12(1), 13(4), 27(1), 27(2)(d) and 27(13) of the Constitution…It must, perhaps, be stated at the outset that in our view, ex facie, none of the four arguments impinge upon the provisions of Articles 1, 3, 4d, 12(1) and 13(4) of the Constitution….
‘‘The first argument was that the safeguards provided in Ss. 365 and 365A for the protection of children and those under 16 years of age will be taken away by the amendments proposed by the Bill, thereby creating space for exploitation of children and leaving a lacuna in the enforcement of the law relating to offences against children.
‘‘In this connection it was further submitted that:
exposure to lesbian, gay, bisexual and transgender (LGBT) programmes in schools could impact upon the free decision-making power of children and give rise to transgender children;
the enactment of the Bill would be contrary to the provisions in Article 27(13) which provides that ‘The state shall promote with special care the interests of children and youth, so as to ensure their full development, physical, mental, moral, religious and social, and protect them from exploitation and discrimination.’;
the protection presently afforded to children would be removed, if Ss. 365 and 365A are amended as proposed by the Bill, and that even a person under 16 years of age could engage in sexual activity with a person over 18 years of age.
‘‘ It is in this background that this Court was urged as the upper guardian of children to act in the best interests of the child and declare that the Bill is violative of Article 12(1).
The Stand taken by the State…
‘‘The learned Additional Solicitor General Haripriya Jayasundara, PC, submitted that women and children were the focus of the amendments introduced to the PC in 1995, and that while Ss. 365 and 365A were amended by increasing the punishment where one party was a person below the age of sixteen, S. 365B introduced a new offence titled ‘grave sexual abuse.’ It was further submitted by the Additional Solicitor General that the amendment introduced to S, 365B by the Penal Code Amendment Act No. 29 of 1998 specifically provides that consent with regard to any sexual conduct constituting grave sexual abuse is immaterial where the offence is committed in respect of a child below the age of 16. – vide S. 365B(1)(aa). It was her position that in the event the conduct of any person does not fall within the definition contained in S. 365B, S. 345 of the PC which deals with sexual harassment could be resorted to in order to protect children against any unwelcome sexual advances by words or action. Thus, the contention of the petitioners is unfounded and without any legal basis.’’
It appears that the Court has come to this conclusion on the basis of the submission made by the learned Additional Solicitor General. However, her submission is far from correct. It does not appear from the Judgement as to whether the Counsels of the petitioners made any attempt to show the fallacy of the submissions made by the learned ASG.
‘‘The second argument of the Counsels of the petitioners was that the impugned amendment will dilute the Rule of the Law and result in the life and liberty of the citizens being at risk. This argument is even more tenuous and the petitioners have not been able to connect passing of this Bill to any violation of the Rule of the Law.
‘‘The third argument was that a majority of those with HIV and Aids have history of male or bisexual exposure and that decriminalization of same-sex relationships will give rise to an increase in the number of persons infected with HIV and Aids. It was further submitted that this would have an adverse impact on national security by destroying individuals, families, communities, economic and socio-political institutions, and the military police forces, and that the protection granted by the Chapter on fundamental rights cannot be truly enjoyed without the provision of a safe, secure and protective environment in which a citizen of Sri Lanka may realize the full potential of his existence.
‘‘However, little to nothing has been submitted to this court in support of this proposition other than a singular point that HIV and Aids affect those engaging in same-sex intercourse more than those engaging in hetero-sexual intercourse. Hence, the material placed before this Court by the petitioners does not support their position that HIV and Aids are only prevalent in homo-sexuals or that the proposed amendment will result in an increase in the number of persons afflicted with HIV and Aids.
‘‘Counsels for some of the intervenient petitioners presented three important arguments. The first was that it is not only homo-sexual males who contract HIV, but female sex workers, returnee migrant workers and those who use or inject drugs. The second is that criminalization of homo-sexual conduct between two consenting adult males has only resulted in such persons being marginalised from society and thereby being deprived to access of proper health care which if available would address the spread of HIV and Aids among those persons. The third is that the amendment of S. 365 and S, 365A would facilitate the outreach to individuals and groups at a heightened risk of infection. The intervenient petitioners and the ASG agree on the point that the perception that HIV is disproportionately higher in homo-sexuals is due to the social stigma caused by the criminalization of their relationships…..The Counsels of petitioners did not adduce any scientifically acceptable evidence in support of this line of thinking.
The fourth and final argument was that ‘‘homo-sexual activity is contrary to the principles of Buddhism and therefore violates Article 9 of the Constitution…. The petitioners did not explain the manner in which the decriminalization of one’s sexual orientation derogates from the State’s duty protect and foster Buddha Sasana nor the point of how the proposed amendments are prohibited by or contrary to Buddha Sasana, except to state that it is an offence (parajika) for a Buddhist priest to have sexual relations with another, irrespective of whether the other person is of the same sex or opposite sex.
‘‘On the contrary, Mr. Sanjeewa Jayawardana, PC and Mr. Prasantha Lal de Alwis, PC, appearing for some of the intervenient petitioners submitted that: (a) Bhikkus and Bhikkunis have a separate code of conduct (Vinaya rules) and lay persons are not governed by the rules in the said code; (b) none of the ‘sutras’ focussed on the conduct of lay persons condemn homo-sexuality; (c) while the basic tenets of all religions are that all human beings should be treated fairly and equally irrespective of their circumstances, the fundamental teachings of Buddhism includes tolerance towards and equal treatment of all human beings and that Buddhism does not discriminate persons whose sexual orientation is anything other than hetero-sexual; (d) from whatever parity of reasoning, it would be outrageous for the petitioners to allege that a law which decriminalises homosexuality would result in the undermining of the Buddha Sasana.
‘’We are of the view that the final argument of the petitioners too lacks merit.
‘‘Most of the arguments put forward by and in support of the petitioners are largely based on speculation and may be disposed of summarily. For instance, the argument that children would be harmed by the passing of this Bill or the argument that there shall be an increase in the number of those afflicted with HIV and Aids is specious.’’ – P. 17 (To be continued)
Features
Getting Raked Over the Coals
In an artful move that has wrongfooted its critics, the NPP government would seem to have orchestrated the resignation of Energy Minister Kumara Jayakody and Ministry Secretary Udayanga Hemapala, while simultaneously appointing a Special Presidential Commission of Inquiry to investigate whether any irregularities or unlawful actions have taken place in the business of importing coal for the Lakvijaya power station, by the state-owned Lanka Coal Company (Private) Limited. The Lanka Coal Company (LCC) had been created as early as 2008 under the Companies Act, following a cabinet decision in 2006, for the stated purpose of importing coal for power generation not only at Lakvijaya, but also other potential thermal power stations. The presidential COI could technically cover the entire lifespan of the LCC.
While the usual busybodies are busy raking the NPP government over substandard coal brought from South Africa by an Indian supplier who had not paid the full registration fee on time, the focus should really be on the performance of the LCC from its inception to the current sensation. The sole reason for the LCC’s being is to bring home about 40 +/- shiploads of coal that (at 60,000 Metric Tonnes of coal per shipload) for a total of approximately 2.25 million MT – the amount of coal that Lakvijaya requires for burning in one year to generate power at the full 900MW installed capacity.
Because of Lakvijaya’s location on the west coast, at Norochcholai, in the Puttalam District, without a proper harbour facility, the shipment is restricted to the six/seven-month non-monsoonal period – from September/October in one year to March/April the next. 40 +/- shiploads over six/seven months work out to six or seven ships a month. So, the company has the luxury of the other six/seven months (March/April to September/October) every year to plan, procure and deliver 2.25 million MT of coal to Lakvijaya, at competitive prices and to the required quality standards. Remember, it is not uranium we are importing, but coal. For one whole company that should be a QED (quite easily done) job – you would think. On the contrary, it has hardly been a QED.
The first question that comes to mind is whether a whole company is needed to arrange six to seven shiploads of coal a month for six months of the year. Now that a Presidential Commission of Inquiry (COI) has been set up, it would be interesting to see whether the Commission would also look into the reasons why the cabinet of ministers in 2006 decided to establish a new company for shipping coal. This was five years before the first phase of Lakvijaya power generation was completed in 2011 at one third (300MW) capacity, with full (900MW) generative capacity reached three years later in 2014. The construction of Lakvijaya had begun in 2006 and the LCC was created in 2007.
The country is familiar with all the construction delays and post construction problems of the storied power plant, but all the delays at the power plant should have given the LCC time to plan and put in place a streamlined mechanism for supplying coal. That has not been the case at all. That leads to other obvious questions – which are really about missing information regarding the sourcing and procurement of coal and ensuring its quality.
Sourcing and Procuring
First sourcing. It is generally known that the LCC has been importing coal from Australia, Indonesia, Russia – the world’s top three coal exporters, as well as South Africa. But there is no information on a supplier’s association with a particular country-source or the implications of switching from one country-source to another depending on the selection of a supplier. This information is not presented either in company documents (provided on its website and two annual reports (2017 & 2020) that are online) or in the audit reports including the most recent one which is also the most extensive one. As well, there is no source comparison by price or by quality – especially for the critical heating or calorific value, which is considered a “rank parameter” in quality evaluation of coal, and is fundamental to using coal in thermal power generation.
The second question or missing piece of information is about procurement. Every January, if I am not mistaken, the LCC calls for registration of suppliers based on past procurement experience, including conformance with quality standards, and corporate business performance. The LCC publishes the “Standard Values for Coal” for each year, which include the Gross Calorific Value (GCV, usually greater than 6,150 kcal/kg), moisture and material percentage contents, and grain sizes. These requirements are based on the manufacturer’s specifications, as they should be.
Registration applications are reviewed and approved for registration by cabinet-appointed committees mostly made up of senior CEB and relevant Ministry officials, and LCC and Lakvijaya representatives. What is not available is a historical record of registered suppliers, their quality history, and changes over time. This record could also include bid takers from among the registered suppliers, tender details and prices, and selected suppliers. The absence of such record and trend analysis would likely have been a factor in creating opportunities for alleged fraud, preferential selections and the compromising of quality standards.
The third question and concern is about the quality of imported coal, especially the minimum calorific value for efficient operation of the turbines. Far more than the other two, the quality issue has been front and centre in all the news about coal over the years, and it became the subject of some detailed analysis in the April 2026 Special Audit Report on Coal Procurement.
For the 2025/2026 coal supply, 26 registered suppliers were invited to bid on 18 August 2025, 11 of them responded, and their bids were opened on 15 September 2025. Quite a short window. Of the 11 bidders, only two had previously supplied coal exceeding the rejection threshold of 5,900 kcal/kg GCV; eight of them had both exceeded and fallen short of the threshold in their previous supplies; one did not exceed the threshold at all; and the last one did not provide any GCV information. The tender was awarded to Trident Chemphar Limited of India, whose past GCV record indicates supplying nearly 300,000MT of coal exceeding 5,900 GCV, and twice as much, nearly 600,000MT, under 5,900 GCV.
As noted in the Special Audit Report, Trident had not paid the full registration fee of $5,000 when bids were sent out on 18 August 2025 and should not have a received the invitation to bid. However, the LCC would seem to have found a way to have the tender documents sent to Trident, accept Trident’s late payment of the balance due of the registration fee, and have its registration ratified four days later on 22 August 2025. As the Audit Report has correctly observed, this was a violation of the principle of fairness in procurement, especially involving competitive bidding on a tender of substantial value.
Heat Quality and Testing
As I noted earlier, the LPP’s “Standard Values for Coal” stipulates a GCV (Gross Calorific Value) greater than 6,150 kcal/kg). A lower value of 5,900 kcal/kg is used as the benchmark to reject coal loads that fall below that value. In other words, the practice has been to use 6,150 kcal/kg as the quality standard for supply, rejecting loads that come under 5,900 kcal/kg, and making price adjustments for loads with GCV that fall between the two values. Lowering the tender threshold to 5,900 opens the door for accepting supplies under what (5,900) was earlier the rejection threshold as the new normal.
The lowering of the quality requirement before and after an apparent cabinet authorization came into effect 23 June 2023 apparently after a cabinet decision. Before June 2023, eligible suppliers should have supplied a minimum of one million MT in the previous 36 months, of which at least 50% (500,000 MT) should have equaled or exceeded the rejection threshold of 5,900 GCV. After June 2023, the business turnover was reduced from one million to half a million metric tonnes, and the quality amount was reduced from 500,000 MT to 100,000 MT. These changes came home to roost in the procurement of coal for the 2025/2026 period under the new (NPP) government.
As I have noted, the selected supplier, Trident Chemphar Limited of India, did not have a good record for heat quality supply, the company’s 36-month record indicating only one third of its supply exceeded the 5,900 GCV requirement. But it was still higher than the new, but lower, standard of a supply record of 100,000 MT exceeding 5,900 GCV. But worse was yet to come.
The Trident tender provides for only 1.5 million MT of coal and of the 2.32 million MT of coal required for 2025/2026. To procure the balance and to add redundancy to the main Trident supply (which is rather puzzling), the LCC initiated a second tender in January 2026 – interestingly, not for the full 800,000 MT balance, but only 300,000 MT of it. And the second competitive tender following all proper evaluation was awarded to Taranjot Resources (Pvt) Limited, also of India. Taranjot was one of the unsuccessful bidders in the August-September 2025 tender and had the distinction of being the only one who had recorded an entire 36-month supply of coal (100% of 1.1 million MT) under 5,900 GCV. Go Figure!
The price comparisons are also revealing. Trident’s price is $98.5 CFR per MT for a total price of $148 million (SLR 45 billion) for supplying 1.5 million MT of coal. Taranjot’s price for supplying 300,000 MT of coal is $142 CFR per MT for a total price of $42.6 million (SLR 13 billion). For comparison, Taranjot’s unit price was $105 CFR per MT, three months earlier, in the main tender that was awarded to Trident. Inexplicable as it is, this fixation to switch between term tenders and spot tenders has been demonstrated by the Lanka Coal Company from the time it started procuring coal for Lakvijaya. The reasons for this are another matter that the Presidential COI will hopefully look into.
To make matters worse, Trident’s actual supply turned out to be worse than its tender. The Special Audit Report provides the results of the quality tests on the coal that was supplied by Trident in its first nine shipments before 17 February 2026. There were three categories of tests performed over nine criteria, including the Gross Calorific Value (GCV) on samples taken from each shipment of coal – first at the Port of Loading, the Richards Bay Coal Terminal in South Africa, second at the Port of Discharge, and third in the Lakvijaya Laboratory – both in Puttalam, Sri Lanka.
The Port of Loading tests showed far better results on each criterion for each of the nine shipments than the Port of Discharge tests and the Laboratory tests. Specific to the GCV heat criterion, the South African tests showed the coal in seven of the nine shipments exceeded the standard value of 6,150 kcal/kg; one of them registered 6,053, just under standard value; and the other at 5,904, just above the rejection threshold. The discharge point tests in Sri Lanka showed none of the shipments meeting or exceeding the standard value (6,150), with only two exceeding 6,000 kcal/kg. The Laboratory test results were the worst, with every one of the nine shipments registering below the rejection threshold of 5,900 kcal/kg, with five of them between 5,000 and 5,500 kcal/kg, and the other four between 4,500 and 5,000 kcal/kg.
The discrepancies in the results should not be surprising given the rather shoddy arrangements for testing at the South African end. Although testing at the source is the supplier’s responsibility subject to LCC’s approval, it is reasonable to expect that after about 15 years in this business the LCC would have set up a pool of accredited testing agencies that it could draw from for each tender. The test agent, or a pool of them, should be identified in the tender to avoid shopping around after the award.
The Special Audit Report includes extensive calculations of the energy (kilowatt-hour) and cost implications of using low calorific coal. The calculations are based on a comparison with the supply of coal between 2020 and 2025. There were 194 shipments during that period, and all of them exceeded 6,000 kcal/kg GCV, with 139 out of 194 (72%) exceeding the standard value requirement of 6,150 kcal/kg. The country-sources of these shipments are not known, and there is no information about the tests conducted on samples from these shipments, including the consistency or discrepancy between test results from the three testing locations. Curiously, this period includes the 2023/2024/2025 years which came after the June 2023 changes in quality standards, but shipments in this period do not seem to have been adversely impacted by the June 2023 changes. This overlap is not identified or noted in the Audit Report.
The Report indicates that the average consumption of coal in the 2020-2025 period was 375 grams per kwh, in comparison to the higher average consumption rate of 444 gm/kwh estimated for the coal supplied by Trident, based on coal consumption and power generation information from Lakvijaya operators. The use of lower calorific coal triggers excessive coal consumption, inefficient power generation, and the need for alternative energy sources to compensate for the shortfall in coal power generation. The Audit Report estimates the cost of excessive coal consumption associated with Trident’s nine shipments to be SLR 2.24 million. At the same time, the supply agreement includes penalty for non-compliance which is estimated to be SLR 2.32 million. These estimates are useful indicators of the order of magnitude of losses when tenders go wrong. But they will be vigorously challenged if penalties are imposed or contract is terminated.
The current low calorific coal fiasco is not the first instance of tender sloppiness involving the Lanka Coal Company. There have been allegations of fraud when coal was purchased from Australia. In 2014, there was another controversy when after selecting a Singapore shipping company for supplying coal from Indonesia, the tender was altered to include a port of origin in Russia. In 2016, the Supreme Court declared a coal supply tender null and void and ordered it to be superseded by a new tender call. In 2017, then Minister of Power and Renewable Energy, Ranjith Siyambalapitiya, dissolved the entire LCC Board of Directors, over procurement malpractices between 2009 and 2016. While the NPP did inherit a mess, it also had enough time to review and rectify the tender process, to eliminate malpractices and live up to its own promises.
Features
The Delcy Doctrine
Real politics is always played in grey areas; decisions are not made in parliamentary chambers or presidential palaces but in hotel corridors, private aircraft, and the quiet geometry of negotiated survival. What is presented as constitutional order is often only the visible skin of a deeper machinery where power is not declared but assembled. Most commentary on Venezuela portrays the removal of Nicolás Maduro as a sudden rupture that dismantled an entrenched centre of authority and rapidly produced a new governing nucleus around Delcy Rodríguez, reframing the state not as continuity but as immediate reconfiguration under a new operational centre of power.
The claim is simple in outline and explosive in implication: Maduro removed, detained abroad, his political inner circle dismantled; Rodríguez elevated from vice-presidential operator to acting head of state, inheriting not a ceremonial vacancy but a fractured state requiring immediate recomposition. Whether one treats this as confirmed fact, speculative journalism, or a constructed political scenario, the effect is the same in analytical terms. It produces a vacuum, and in politics vacuums are never empty. They are filled immediately, often brutally, and almost always by those closest to the mechanisms of control rather than the symbols of legitimacy.
Rodríguez, in this framing, is not behaving like a transitional leader waiting for instructions. She is behaving like an administrator of consolidation. Her public language repeatedly returns to a controlled moral vocabulary: Venezuela, she insists, is “forging a path of national reunification”, “free from the divisions of classism and racism”, and rooted “in the pursuit of peace.” It is a carefully constructed grammar of stabilisation. Nothing in it is accidental. Reunification replaces rupture. Peace replaces conflict. Inclusion replaces accusation. It is the language of systems attempting to re-legitimise themselves after fracture.
Yet language in moments like this does not describe reality so much as attempt to discipline it. Every invocation of unity implies prior fragmentation. Every appeal to peace implies a preceding logic of coercion. What is being built is not only a political order but an interpretive frame in which that order can survive scrutiny.
Reports associated with this narrative describe rapid administrative restructuring: ministerial changes, security realignments, and renewed engagement with global financial institutions, including the International Monetary Fund. The return of financial dialogue after years of rupture is framed as a restoration of economic normality, yet it also functions as something more fundamental: conditional recognition. Access to financial systems is never neutral. It is a form of admission into an international order that confers legitimacy as much as liquidity.
A frequently cited poll attributed to this period places Rodríguez at 73 per cent approval among Venezuelans. Whether statistically rigorous or politically constructed, the number itself performs a different function. It stabilises perception. In transitional environments, polling is rarely about measurement alone; it is about producing the sensation of consensus in moments where consensus is structurally fragile. Numbers become instruments of narrative control rather than reflections of social reality.
What emerges across these accounts is a dual reading of Rodríguez’s role. For supporters, she is the stabiliser of a collapsing system, the figure capable of converting disorder into administrative continuity. For critics, she is the executor of elite reconfiguration, replacing one closed network with another while maintaining the architecture of concentrated power. Both readings contain truth, not because they agree, but because transitional power almost always generates contradictory interpretations of the same actions.
The deeper logic resembles a familiar political pattern: when central authority collapses, the question is not who is most legitimate but who is most capable of controlling institutions that actually matter. Security structures, financial channels, energy infrastructure, and diplomatic access become the real terrain of power. Ideology becomes secondary to control of operational systems. In that sense, Rodríguez is not an anomaly but a product of a very old political problem: how to maintain state coherence when legitimacy is contested and authority has been disrupted.
There is a long historical memory for this kind of moment. Rome did not end its republic through a single act but through incremental consolidation, where Augustus transformed emergency authority into a permanent structure while preserving republican language. Power changed form without changing vocabulary. In post-revolutionary France, figures like Talleyrand survived every ideological shift by treating loyalty as subordinate to institutional survival. The pattern is not moral; it is structural. Systems under stress reward adaptability over conviction.
The uncomfortable implication is that such transitions rarely offer clean moral categories. The language of betrayal and loyalty becomes unstable when applied to environments where institutional survival itself depends on the reconfiguration of alliances. What appears as betrayal from one perspective can appear as necessity from another. Politics in such contexts is not a question of ethical clarity but of functional continuity under pressure.
Even the symbolic inheritance of Chávez-era rhetoric complicates interpretation. His denunciation of Western power as “the devil” once represented ideological confrontation with global systems of influence. In the current configuration of events, however, the same state tradition appears to be engaging selectively with those same systems through financial reintegration and diplomatic recalibration. The contradiction is not unique to Venezuela; it is a recurring feature of states that move from confrontation to survival pragmatism. Ideological purity rarely survives institutional stress.
Rodríguez, within this contested framing, operates at the intersection of these contradictions. She is simultaneously presented as guardian of sovereignty and manager of reintegration into the Western financial structures. She speaks in the language of resistance while engaging in the mechanics of external normalisation. That duality is not incoherence; it is the condition of governance under constraint, where no single ideological position can fully account for the demands of survival.
It is tempting to describe this as either redemption or capture, but both interpretations flatten the reality of transitional authority. What exists instead is a corridor of constrained decision-making, where every action is shaped by pressure from multiple directions: internal fragmentation, external expectation, institutional inertia. Within that corridor, politics becomes less about declaring direction and more about preventing collapse.
This is why the figure of Rodríguez generates such divergent readings. She is not operating in a stable system where legitimacy is settled. She is operating in a system where legitimacy itself is part of the struggle. Every reform is also a negotiation. Every consolidation is also a risk. Every gesture of unity is also an act of exclusion somewhere else in the structure.
The deeper political lesson is that modern state transitions rarely resemble the narratives used to describe them. They are not clean breaks or linear progressions. They are layered adjustments in which old structures are partially dismantled, partially preserved, and partially repurposed. The result is not resolution but managed ambiguity.
In that sense, Rodríguez is not an exception but an expression of a broader political condition: the necessity of governing through instability rather than after it. Whether one interprets that as betrayal or transformation depends less on evidence than on political positioning. The structure itself does not resolve the ambiguity; it produces it. The irony is that political systems often attempt to justify themselves through historical memory while simultaneously repeating its most uncomfortable patterns. When power changes hands, justice changes meaning. As the old saying goes, in politics, loyalty is a currency that devalues quickly.
by Nilantha Ilangamuwa
Features
Deconstructing Sugathapala de Silva (Part 1)
This is the first of a two-part essay, from my remarks at a speech I delivered at the Kolamba Kamatha Festival on Saturday, 28 March 2026.
By Uditha Devapriya
The 8th of May 1956 is considered as a watershed in the history of the British theatre. On that day a play was staged which would change the shape and face of British drama. Two years earlier a stage director, George Devine, had cofounded an organisation for staging plays by young, radical writers. It called itself the English Stage Company, the ESC. On 2 April 1956, the ESC purchased the Royal Court Theatre in London.
For its first season the company’s founders planned a cycle of five plays. The first of these was a fairly tame drama by Angus Wilson, The Mulberry Tree. The second was a production of Arthur Miller’s The Crucible. Both these had been directed several times before. In the case of The Crucible, by 1956 it had already become a classic of contemporary theatre. It was the third play that would break ground, for the ESC, the Royal Court Theatre, and British drama in general. This was John Osborne’s Look Back in Anger.
A searing look into the class system and the institution of marriage in post-war Britain, Look Back in Anger delved into ideas and themes which few British playwrights had probed with such frankness. Almost immediately it created an uproar. Many newspapers railed against it and gave it negative or lukewarm reviews. It was described as “intense, angry, feverish, and undisciplined” in one paper and “unspeakably dirty and squalid” in another. Even critics who seemed sympathetic to the story sounded caution on its themes.
The only exception was Kenneth Tynan. A highly respected critic, as outspoken as the writers and dramatists he championed, Tynan became quite receptive to Osborne’s play. Writing in The Observer, one of the oldest newspapers in the UK, he commented that it symbolised a growing rift between an older, conservative generation and a younger, more outspoken one in the context of postwar Britain. Questioning its critics, he praised Osborne for being true to life and in doing so producing a “minor miracle.”
Tynan ended his review with these words.
“I doubt if I could love anyone who did not wish to see Look Back in Anger. It is the best young play of its decade.”
The review was published five days after the play, on 13 May 1956. Six months later, on 3 November 1956 at the University of Ceylon in Peradeniya, Sri Lanka, the University Sinhalese Drama Circle staged Maname. Written and directed by Ediriweera Sarachchandra, based on a Buddhist jataka tale and anchored in a fusion of various theatrical styles, Maname became as representative of a new theatre in Sri Lanka as Look Back in Anger had been of a new theatre in Britain. After it made its way to other parts of the country, including Colombo, the press began reviewing it with as much curiosity as with Osborne’s play. Unlike the latter, however, the press gave Maname positive notices.
One of the more perceptive reviews was written by the critic and journalist Regi Siriwardena. Published in the Ceylon Daily News a few days after it was staged, Siriwardena noted that Maname represented a breakthrough in theatrical form. He argued that it was quite unlike what the Sinhalese Drama Circle or the flagship dramatic society at the University of Ceylon, DramSoc, had staged in the 1940s and 1950s. At that time the Sinhalese Drama Circle had presented local adaptations of European dramatists, from Moliere to Gogol to Chekhov. Maname did away with these trends and promoted a new theatre among Sinhala-speaking and bilingual audiences. This would be known as stylised drama.
Reflecting on these developments 25 years later, Siriwardena speculated about the social composition of those who watched Sarachchandra’s play.
“… from my impressions of the spectators who came to performances of Maname in its early years at the Borella YMBA [Young Men’s Buddhist Association] and Lumbini, I would hazard the guess that the new audience of 1956 and immediately succeeding years was composed predominantly of urban lower middle-class Sinhala speaking people.”
He argued that this underlay a much bigger achievement.
“What Maname effected then was to give the bilingual artists working in the theatre – Professor Sarachchandra and those who came in his wake: Gunasena Galappatti, Dayananda Gunawardena, and Henry Jayasena – an opening to the Sinhala-speaking lower middle class… Apart from the intrinsic dramatic achievement of Maname… [I]t was in consonance with the climate of Sinhala cultural revivalism in and after 1956.”
Siriwardena added that for most Sinhala-speaking audiences Maname contrasted strongly with the “hybrid” nurti theatre of the 1920s and 1930s. Influenced if not inflected by Parsi and European theatre, by the 1950s nurti was perceived as standing outside the canon of indigenous or national art in Sri Lanka. Though Maname was inflected by multiple cultural and artistic forms, including kabuki, for Sinhala-speaking audiences it seemed to represent a more rooted and authentic experience.
In the context of the performing arts, terms like “rooted”, “authentic”, “native”, “national”, and “indigenous” are, of course, very politically charged. It would be dangerous to deploy these terms and claim that one conception of drama is superior to the rest. Yet what is interesting is how differently cultural sentiments shaped the reception to Look Back in Anger in Britain and Maname in Sri Lanka.
In their respective countries, these plays ushered in a new idiom and broke down artistic barriers. But while Look Back in Anger was celebrated by a young generation for its unconventional themes and attitudes, Maname was praised by another generation for conforming to notions of indigeneity and authenticity.
This difference should tell us something about the social conditions that in Sri Lanka laid the foundations of plays such as Maname, and generated a wave of rebellion, resurgence, and revival which fostered a very outspoken set of playwrights. These younger artists were not just receptive to what was happening in other societies. They were also part and parcel of the most significant generational shift in their own country, in post-independence Sri Lanka: arguably one of the most important in any former colonial society.
In postwar Britain the generation of playwrights who banded around John Osborne and Look Back in Anger called themselves the Angry Young Men. Post-independence Sri Lanka’s Angry Young Men banded together in opposition to stylised theatre, while at the same time seeking encouragement and inspiration from their predecessors. These playwrights had their leaders and figureheads. Among them was Sugathapala de Silva.
Before we talk about Sugathapala de Silva, however, it’s important that we understand the extent to which postwar generational shifts and the changing undercurrents of the Sinhala theatre influenced him. As importantly, we need to understand the way in which this generation of artistes came together, and the ways in which they differed from each other. The rest of the presentation will focus on these two themes.
If the starting point to all this is 1956, my initial observation is that the cultural revival unleashed that year was contradicted by the same social and political forces that contributed to that revival. This contradiction is best seen when contrasting the initial reception to Sarachchandra’s drama with the criticisms it attracted in later years. While no one should doubt the achievements of Maname and Sinhabahu, those who followed Sarachchandra in the Sinhala theatre had very different conceptions of that theatre.
This contradiction becomes more interesting when we realise that in countries like Britain the trajectory of the theatre was more clearcut and predictable.
In Britain, the Second World War had destroyed much of its cultural infrastructure, including theatres and film halls. Yet within 10 years, a new theatre had been born, and a new generation of writers had taken root. The rupture was gradual, but when it came, it opened an entire avenue of possibilities for British theatre, cinema, and literature.
This was seen not so much in the opening of new theatres, schools, and workshops as an influx of new talent to old institutions, such as the Royal Academy of Dramatic Art, or RADA. Such developments were made possible, in part, by scholarships these institutions began offering as well as a spurt in enthusiasm for the theatre among non-elite groups. This is what helped actors like Peter O’Toole and Richard Burton get established. In an interview, O’Toole recalled how he entered RADA, just when it was opening its doors.
“A chum of mine… and I hitch-hiked our way into London to begin our lives and we jumped off the lorry, the truck, at a station called Houston and we were aiming for a men’s hostel. … And we were plodding down and I looked on my left and it said, ‘The Royal Academy of Dramatic Art’ and my chum said, ‘Well, if you’re going to be an actor this is the kind of shop where they deal with such matters, so why don’t you pop in?’… One thing led to another and I found myself, that afternoon even, turning up for the first interview and then I did an audition and [another] audition, and found, to my surprise that I was in.”
Evocative as it is, the passage underscores the point that the rupture which shook the British theatre loose was gradual and yet unfolded in one go. In Sri Lanka, on the other hand, we can discern not one but two ruptures vis-a-vis the Sinhala theatre: political revolt and cultural revival in 1956, followed by a rejection of theatrical and artistic forms which 1956 had valorised and popularised.
Let me deconstruct this further. Whereas in Britain the revival of theatre and the emergence of a radical class of dramatists was simultaneous, in Sri Lanka these developments unfolded sequentially. I suggest that this was not just necessary, but also unavoidable.
Uditha Devapriya is an independent researcher, author, columnist, and analyst whose work spans international relations, history, anthropology, and politics. He holds an LL.B. from the University of London and a Postgraduate Diploma in International Relations from the Bandaranaike Centre for International Studies (BCIS). In 2024 he was a participant in the International Visitor Leadership Program (IVLP) conducted by the US State Department. From 2022 to 2025 he served as Chief International Relations Analyst at Factum, an Asia-Pacific focused foreign policy think-tank. In 2025 he did two lecture stints in India, one as a Resident Fellow at the Kautilya School of Public Policy in Hyderabad and another on art and culture at the India International Centre in New Delhi. Since 2023, he has authored books on Sri Lankan institutions and public figures while pursuing research projects spanning art, culture, history, and geopolitics. He can be reached at udakdev1@gmail.comudakdev1@gmail.com.
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