Opinion
Redoubtable ‘wisdom’ of our lawmakers
In a move of unadulterated foolhardiness, the powers-that-be published a gazette notification recently to revise Sections 363 and 364 of the Sri Lankan Penal Code. It attempted to lower the girls’ age of consent for sexual intercourse to 14 years and the punishment to be levied to the accused male who has engaged in such sexual activity to be considerably reduced if the accused male is under 22 years of age.
This initiative on the part of the government, set in motion a flurry of heavy and resounding protests by the general public, women’s organisations, and medical professional institutions, against this contemptible attempt to amend the Penal Code by publishing the gazette notification. All these protesting groups have made it very clear that this move is a very retrograde step and does not stand up to any kind of reason or wisdom. Confronted by an avalanche of such drastic objections and protests, the government has given in and withdrawn the said offensive piece of legislation. However, there was a vague suggestion that the ministry concerned would initiate discussions with all the stakeholders on this matter.
It must be pointed out that there is no universally recognised international upper cut-off age limit when a person stops being considered a child. The definition of a child varies across different contexts, cultures, and legal systems right around the globe.
However, the United Nations Convention on the Rights of the Child (UNCRC) defines a child as “every human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier.” This convention has been ratified by a vast number of countries, including Sri Lanka, and the age of 18 is widely accepted internationally as the cut-off age for childhood. As just one example, all the banks in Sri Lanka consider anyone under the age of 18 years as a minor and one can get a driving license in our country only when one has reached that magic age of 18. That said, some countries may have different legal definitions and ages for transitions from being a child to being considered an adult. These ages typically range from 16 to 21 in several different jurisdictions.
The minimum age of consent for sexual intercourse is the age at which someone is considered capable of making that decision. The unbiassed objective of the imposition of a minimum age of sexual consent is to protect adolescents from sexual abuse as well as the potential consequences of early sexual activity on their rights and development. Many medical professionals and their organisations have seriously objected to the proposed amendment of the age of consent for sex to be reduced to 14 years from the current age of 16 years, for quite a few compelling medical reasons.
It has been clearly shown by scientific studies that a child of 14 years is not intellectually mature enough by any stretch of imagination to give informed consent for an act such as sexual intercourse. This is simply because she does not have the necessary and adequate understanding of the given situation. To make matters even worse, in this land of Sri Lanka, where acceptable sex education is not provided, a child of 14 years who consents to sexual intercourse is not intellectually empowered and is most likely to be significantly ignorant of the possible repercussions of the sexual act, such as unwanted pregnancy, as well as the potential exposure to sexually transmitted diseases. In other words, that so-called consent is not one which anyone would call fully informed consent.
A child of 14 years is not physically and mentally mature enough to be a mother to a baby she may give birth to, following the sexual act. In addition, such adolescent mothers are a medically high-risk group to develop various complications of pregnancy. These include medical disorders of physical as well as mental nature. The offspring too would be at risk due to inadequate nurturing, as well as to have a propensity to develop physical, intellectual, and emotional problems, well into the future.
It has to be considered that in the proposed amendment, the male culprit’s age is mentioned as under 22 years to qualify for a more lenient judicial sentence. The attempt is to increase it to 22 years from the current limit of 18 years.
Is it the contention of the government that giving in to carnal desires against the law would warrant leniency simply because of an age-related Romeo and Juliet phenomenon? If this is allowed to sail through, there is no guarantee that the upper age cut-off for the male culprit will not be increased further in the future. A wag remarked that even an octogenarian might qualify for a more lenient sentence in the future. All these contentions make one begin to wonder whether there is some ulterior motive behind this.
It is quite interesting to note some of the antecedent events or even the woeful lack of them, before the gazette was published.
We need to carefully assess the policy-making processes, if any for that matter, that were followed before the decision was made to amend the relevant sections of the Penal Code.
It is vital to unravel the processes followed before the authorities jumped in at the deep end to introduce such an offensive bill. One wonders which ministry initiated the process in the first place and wanted the amendments in question effected to the law. We have to examine the exact processes that took place. What was the specific trail that was followed?
Generally speaking, new laws are formulated by relevant ministries, extensively discussed, then sent to the Attorney General, followed by the submission of it to the Legal Draughtsman and finally presented to the Cabinet of Ministers. It is quite clear that none of these formalities were adhered to, as many of these institutions, including the Parliament, have denied any knowledge of this bill that was hastily sprung through a Government Gazette notification.
It is necessary to look for the reasons that prompted this despicable attempt. More than anything, such a detailed analysis would help to guard against and even prevent recurrences of this kind of tyrannical behaviour on the part of the powers-that-be in the future. It has been claimed that the motive behind this is to ensure some legal requirements but one would argue that drastic changes such as the attempted amendments to the Penal Code should only be presented following open and frank discussions with all stakeholders. It is quite obvious that this was not done.
As indicated by a statement in the Parliament on 01 April, 2024, the proposal to amend the relevant sections of the Penal Code have been “withdrawn”. Yet for all this, the Ministry of Justice is now planning to have a so-called dialogue with interested parties in the immediate future regarding these proposed amendments to the Sri Lankan Penal Code.
The implications are that the so-called bill has not been withdrawn once and for all; at least not as yet.
To make matters worse, it is likely to be presented again and rushed through the parliament. There have been many instances where the authorities withdrew some controversial legislations following intense protests only to present them again a slightly modified form and pushed through the legislature. So, watch out people …, we need to remain intensely vigilant.
Concerned Sri Lankan
Opinion
A tariff deal with the US? Make haste slowly
by Gomi Senadhira
Sri Lanka’s former ambassador to the United States Mahinda Samarasinghe is back in Sri Lanka lobbying for speedier finalisation of a new tariff deal with the United States. According to news reports, delivering the keynote address at the Sri Lanka Institute of Directors’ Annual Meeting last week, he stated, “I have recommended very strongly to the government that we need to conclude the agreement so that we can lock in the very favourable tariff rate that Sri Lanka has got up to now“.
I do not understand why the former ambassador is urging the government to expedite the finalisation of a new tariff deal or what is “the very favourable tariff rate” he refers to in his speech. However, given the ongoing terrible tariff turbulence in the United States and the fragile economic situation in Sri Lanka, I believe, this is not the right time to rush into finalising any trade agreement with the United States. I am also of the opinion that at this juncture Sri Lanka should maintain strategic patience and explore all available options.
Lessons from the countries that rushed for trade deals
To better comprehend this, let’s look at experiences of the countries that rushed to conclude tariff deals with the United States after President Donald Trump declared his “reciprocal tariffs” under the International Emergency Economic Powers Act (IEEPA) in April 2025. As Samarasinghe stated in his keynote, “The bottom line on all these negotiations was that every country that finally agreed to sign the agreement had to give either complete duty-free access for American exports into those markets, or near complete duty-free access.” In exchange for these tariff concessions and other market access commitments these countries managed to get the newly introduced country specific “reciprocal tariffs” reduced.
However, in February 2026, the Supreme Court of the United States (SCOTUS) struck down these “reciprocal tariffs” under the IEEPA. With that, the market access gains these countries received in exchange for complete duty-free access for American exports into their markets evaporated under U.S. domestic law. By moving too fast to conclude bilateral tariff agreements with the United States these countries are now bound to strict obligations whereas the benefits they bargained from the U.S. administration are not worth the paper those were written on.
Sri Lanka’s experience
In April 2025, President Trump declared his “reciprocal tariffs” and labelled Sri Lanka as the worst offender, imposing one of the highest additional duties at 44%. Since then, Ambassador Samarasinghe and other negotiators have managed to negotiate this down to 20%. I do not know what the deal was through which Sri Lanka managed to reduce the 44% tariff to 20% or what we gave in return for this “concession.” However, what we received in return has absolutely no value after the decision by the SCOTUS.
Current state of US tariffs
After the decision by SCOTUS, the U.S. administration introduced a temporary 10% additional tariff on all countries for 150 days. At the end of that period, this 10% tariff was replaced by a new “forced labor tariff ” of 10% to 12.5% on all trading partners under Section 301 of U.S. trade law. Twenty-five U.S. states and several small businesses have already filed lawsuits against these tariffs in U.S. courts. This new “forced labour tariff ” on Sri Lanka was first fixed at 12.5%. Later, after President Anura Kumara Dissanayake issued a gazette notice prohibiting the importation of goods produced using forced labour, it was reduced to 10%. That means Sri Lanka has already made a substantial commitment to receive this “tariff concession,” and I presume our negotiators understand the implications of this commitment.
Make haste slowly
After President Trump imposed 44% “reciprocal tariffs” on Sri Lanka, through an article published in The Island on 25th April 2026 (), I urged the government to engage immediately with the US administration on these tariffs. However, I also emphasised that the best way to move forward was to make haste slowly.
Two millennia ago, Augustus Caesar, the first emperor of Rome, frequently used the phrase, “make haste slowly”, because he detested rashness and haste in his military commanders. It was the recurring guiding maxim that he emphasised throughout his 40-year imperial rule. After 2000 years, this classical oxymoron remains a definitive golden rule for professional trade negotiators. More importantly it is the exact blueprint required when navigating turbulence in trade negotiations with the Trump administration.
The endgame – The most dangerous moment in trade negotiation
Samarasinghe has also stated the agreement is 90% complete. Any experienced trade negotiator should know that the final 10% contains high-stakes provisions and is the most dangerous moment in a trade negotiation. A single misplaced comma or ambiguous product description in a tariff schedule can cost millions through unintended loopholes. Rushing this last stretch to secure a deal can permanently expose Sri Lanka to sudden shifts in American trade policy, heavy compliance costs, or strict enforcement under Section 301 regarding supply-chain labour standards. Hence, this is the time for strategic patience.
(The writer can be reached at senadhiragomi@gmail.com)
Opinion
Buddhist law and constitutional amendments
Upon reading the article titled “Prof. Pieris says Buddha Dhamma recognized as source of law under Constitution” (Island, September 12, 2026), the classical Sinhala idiom “Yanne Koheda? Malle Pol” immediately comes to mind. The expression, translating literally to answering “I have coconuts in my bag” when asked “Where are you going?”, underscores a complete disconnect in logic. Because it is uncertain whether the article accurately represents the professor’s precise words, the following critique addresses the contents of the report rather than the speaker himself.
The central premise of the report concerns a statement delivered by the Chief Justice regarding a petition filed against the 22nd Amendment to the Constitution. According to the report, the Chief Justice’s observation that the determination would be made strictly on the basis of established law rather than Buddhist teachings was characterised as a “cavalier dismissal” of the Buddha Dhamma. This assertion carries a host of unexamined assumptions. Had the writer specified precisely which tenets of the Buddha Dhamma were violated, a direct legal or philosophical evaluation could take place. However, no specific Buddhist tenet or law was identified as having been transgressed, and for good reason: no such statutory legal framework exists within the Buddha’s teachings.
To understand the flaw in this argument, one must examine the constitutional context alongside the canonical meaning of the terms involved. Article 9 of the 1978 Constitution of Sri Lanka mandates that the Republic shall give Buddhism the foremost place and that it shall be the duty of the State to protect and foster the Buddha Sasana, while guaranteeing the fundamental rights of all religions under Articles 10 and 14(1)(e).
While “Buddhism” and “Buddha Dhamma” are frequently used as interchangeable terms in casual dialogue, they represent distinct concepts. “Buddhism” is an umbrella term coined by 19th-century Western scholars to classify the global institutionalised religion, incorporating its diverse sects, cultural traditions, rituals, and socio-political histories. Conversely, Sasana is the ancient term designating the structural framework established by the Buddha to preserve and transmit his teachings, comprising the monastic order (Sangha) and its supporting institutions.
In classical Theravada commentarial literature, the Sasana operates as a functional three-tiered structure. It encompasses Pariyatti Sasana, the preservation and study of sacred texts; Paṭipatti Sasana, the practical execution of the doctrine through ethical conduct and meditation; and Paṭivedha Sasana, the direct experiential realization of ultimate truth, or enlightenment. This structural breakdown raises fundamental questions about state capacity. While a state can readily support Pariyatti Sasana through academic institutions, textual preservation, and educational funding, it cannot legislate or enforce Paṭipatti or Paṭivedha. Practical engagement and spiritual realisation are inherently internal, first-person experiences. Expecting the state to codify or guarantee enlightenment is a conceptual impossibility.
Furthermore, the Buddha Dhamma refers specifically to the unconditioned truths of existence and the teachings imparted to realize them, including the Four Noble Truths, the Eightfold Path, and Dependent Origination. As the late Venerable Professor Kotagama Wachissara Thera observed, there is no rigid ideologue or “ism” in the core Dhamma. The teachings do not constitute a system of divine commandments or a legal statute enforced through reward and punishment. Rather, Buddhist ethics function as self-directed guidelines for psychological clarity and moral inquiry. Even the Vinaya Pitaka, which contains explicit rules of conduct, functions as an internal monastic code rather than a civil or criminal law intended for the laity.
Throughout the Pali Canon, guidance regarding governance focuses on the moral character of leadership and the social duties of statecraft rather than rigid legal codification. In discourses such as the Cakkavatti Sihanada Sutta (DN 26), the Buddha observes that social instability and crime cannot be eliminated solely through punitive measures, emphasising instead that states must provide economic opportunities, fair wages, and resource distribution to maintain societal balance. Crucially, in the Maha Parinibbana Sutta (DN 16), the Buddha explicitly highlights the importance of respecting established laws and traditions rather than enacting arbitrary regulations.
The natural laws articulated in the Dhamma, such as the law of cause and effect or the three characteristics of existence, govern all phenomena universally, regardless of legal statutes or personal belief. They are not human laws to be applied or suspended by a court of law. Therefore, characterizing the Chief Justice’s adherence to constitutional jurisprudence over religious doctrine as a “cavalier dismissal” lacks logical and textual foundation. Framing the judiciary’s adherence to legal precedent as an attack on the Dhamma distracts from fundamental constitutional principles and risks misguiding the public for political ends.
Geewananda
Gunawardana,
Ph.D.
Opinion
Elementary, Dr. Watson!
by Usvatte
My friend, Sena Thoradeniya, has summoned up energy to raise two questions about my observations in your newspaper on 14 September, 2026. They both referred to comments I made about President Dissanayake and Prime Minister Amarasuriya.
I observed that President Dissanayake, having graduated in physics at Kelaniya, would be familiar with elementary calculus: differentiation and integration. It is a misapprehension to believe that one needs any knowledge of theoretical physics to be familiar with elementary calculus. Nor is it necessary that one needs to have published research for the same purpose. Those were the first lessons in calculus that our Mathematics Master and Principal, Mr. D. A. Devendra taught five of us in the first term 1952 at Hikkaduva Central School. Of the five, two still live and recall those lessons vividly. Dissanayake would surely have learnt them at his school in Anuradhapura. At Kelaniya his teachers probably included Dr. H. Somadasa, two years my junior at Hikkaduva, with a Ph.D. in number theory at Aberytswyth, Wales and Professor (physics) Charles Dahanayke, a renowned teacher of physics and my neighbour in Colombo. Dissanayake is unlikely to have been admitted to Physics at Kelaniya unless he had scored well in mathematics and physics with other subjects. Those elements of calculus have been learnt by millions of young men (and later women) since Isaac Newton and Gottfried Leibnitz. That Dissanayake from a school in Anuradhapura scored high enough to gain admission to Kelaniya to study physics is commendation enough for his intellectual capacity.
All of us know, some personally, the barriers to learning in places like Anuradhapura and Kuliyapitiya, compared to the facilities in Colombo, Galle. Jaffna and Kandy. I used that information to press the point that he was, in learning, entirely different from his predecessors and present competitors. One does not need to research in theoretical physics to know something as simple as the first lesson in calculus. Dirac made his momentous discovery sometime in the 1930s and by 1950 it must have been solidly in the teaching material in schools and universities. Dissanayake graduated in 1995 and, at least, must have heard of Dirac and the ‘God Particle’.
Paul Dirac was a legendary figure among graduate students when I was at Cambridge. He had written the shortest Fellowship and Ph.D. theses. He had had an interesting relationship with his father who was a French speaking Swiss and had insisted that he speaks French at table. Amrtya Sen, who was in 1965 a young Fellow of Trinity College and a teacher in the Economics and Politics Faculty at that time, had also written very short theses and not several volumes as many do.
I read about Higgs Boson in a wonderful book Inward Bound written by physicist Abraham Pais and, in The Science Times (Tuesdays) edited by Gina Kolata of the New York Times, and occasionally in Nature and other popular writings.
I was on the editorial board of Samskrti for some time. Amaradasa Virasinghe and Gananath Obeysekera had started that literary review in 1953 when I was in school and many of us read it avidly. Together with Susil Sirivardana, we decided to expand the scope of the journal to include social studies and science, which effort Sena knew well. The probable readership had increased manifold. In order to help prospective writers to pick up themes to write on, we held a popular lecture, one Saturday a month. I invited Dr. Harini Amarasuriya, then teaching at the Open University, Nawala, to speak to us on the scope and nature of sociology. She made a short fine introduction. That is where I learnt of August Compte. She was invited to a Seminar in Britain on the sociology of education, where I had strayed into from 1971. I did not read her paper, although she had promised to let me have it. I had good reason to respect her scholarship. It would be shocking had she not read Le`vy-Strauss. Many besides anthropologists read Le`vy-Strauss.
Sena stressed the obvious when he said that in public speeches made by these two politicians, there was no evidence of their expertise in physics and sociology. It would have been completely out of place to speak about elementary particles to a crowd in Beruvala or Anuradhapura. But one’s education, in subtle ways, informs the material and the ways that the material is presented in public speeches. Simply listen to Members of Parliament speak and you can guess roughly the level of education each had achieved: grade 2 in primary school or Quondam Professor of Law at Oxford.
I am sorry that Sena identified ‘an exaggerated parade of claims and sheer implausible boasts’ in what I wrote. It is entirely plausible, indeed certain, that an undergraduate in the Department of Physics in any university would be familiar with differentiation and integration.
An unprejudiced reading of my text will demonstrate that it contained no such claims and boasts. Mine was a pretty simple statement of the nature of differences between the present lot in government and the lots that were in power earlier. I related those differences to help understand the line up for and against the 22nd Amendment to the Constitution. and not to build false images of any politician, man or woman. I am too old to set out, even in the formidable company of Sena, on the ‘long march’ to Mao.
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