Features

Clean Sri Lanka and Noise Pollution (Part I)

Published

1 year ago

2025/02/11

Thilina Walpola

Noise pollution

by (Dr) Jayampathy Wickramaratne,
President’s Counsel

One area of focus of the ‘Clean Sri Lanka’ programme, initiated by the new government, that has enthused the people at large is the drive to clean the environment. People affected by intense noise hope that cleaning the environment will not be limited to keeping public spaces clean but will also address the issue of noise pollution. This is evident from letters to newspapers and social media posts calling upon the authorities to deal with noise pollution from varied sources, such as entertainment, places of religious worship, vehicular traffic, construction and industrial activities as part of ‘Clean Sri Lanka’.

I write this piece not only as one having an interest in fundamental rights but also as a victim of noise pollution. In the locality where I live, off Rajagiriya, residents have for years been subjected to intense noise forced upon them, mainly by music but also by fireworks, emanating from events conducted on the premises of a government-owned institution. Complaints to the institution, as well as to the Police, bore no results. I refrain from naming the institution as the matter is under investigation by the Human Rights Commission, and the new management of the institution has promised us that remedial measures will be taken.

While the ‘Clean Sri Lanka’ programme was in full swing, a group of tourists, participating in a musical event in the Weligama area, had objected vociferously to the Police prohibiting the use of loudspeakers after 10 p.m. when the period for which a permit had been issued ran out. One female tourist is heard, in a video of the incident, saying that not allowing the use of loudspeakers will adversely affect tourism.

Reacting to the incident, two government spokespersons said that the present government cannot be blamed as the Police were only giving effect to a judgment of the Supreme Court. Not stopping at that, they said that steps would be taken to have the judgment revised. It might interest readers to know that the then Deputy Minister of Tourism, Diana Gamage, made a similar statement in October 2022.

Supreme Court on noise pollution, Ashik v. Bandula

The judgment referred to is Ashik v. Bandula and others, reported in [2007] 1 Sri Lanka Law Reports on page 191, which was widely welcomed. The case commenced as a fundamental rights application by the trustees of a mosque in Weligama against the Police for refusing a loudspeaker permit. The Police contended that residents in the area had complained of noise pollution due to the excessive use of the loudspeakers by three mosques. The Supreme Court noted that the application raised fundamental issues with regard to sound pollution and standards that the Central Environmental Authority (CEA) should enforce. The CEA was accordingly added as a party. Environmental Foundation Limited was permitted to intervene. The court proceeded with the case as being of public interest.

Noting that our country has probably the oldest jurisprudential tradition of a secular approach in dealing with a public nuisance, the Court referred to the 1895 case of Marshall v. Gunaratne Unnanse where the Supreme Court upheld that conviction of the principal trustee of a Buddhist Vihara in Colombo who was charged under the then applicable section 90 of the Police Ordinance for creating noise in the night and disturbing the neighbourhood.

The Supreme Court referred to Re Noise Pollution, a celebrated case decided by the Indian Supreme Court, noting that the latter Court had firmly rejected the contention that there is a fundamental right to make noise associated with the freedom of speech and expression. The Chief Justice of India delved into the etymology of the term “Noise” and noted that it is derived from the Latin word “Nausea”, defined as unwanted sound, a potential hazard to health and communication dumped into the environment without regard to the adverse effect it may have on unwilling ears.

Chief Justice Lahoti continued: “Noise is more than just a nuisance. It constitutes a real and present danger to people’s health. Day and night, at home, at work, and at play, noise can produce serious physical and psClean Sri Lanka and Noise Pollution (Part I)ychological stress. No one is immune to this

stress. Though we seem to adjust to noise by ignoring it, the ear, in fact, never closes and the body still responds —sometimes with extreme tension, as to a strange sound in the night. … Noise is a type of atmospheric pollution. It is a shadowy public enemy whose growing menace has increased in the modern age of industrialisation and technological advancement. … Nobody can claim the fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers. While one has a right to speech, and others have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that he has a right to make his voice trespass into the ears or mind of others. Nobody can indulge in aural aggression.”

The Sri Lankan Supreme Court held that there was no dispute that people have been denied equal protection of the law by the failure of the executive to establish by way of regulations an effective legal regime as mandated by the National Environmental Act to safeguard the public from the harmful effects of noise pollution. The facts also reveal that there are no guidelines for the effective implementation of the applicable provisions of law so as to provide to the people equal protection of the law guaranteed by Article 12(1) of the Constitution. Accordingly, the Court considered it to be just and equitable in the circumstances of the case to make the following directions:

(i) That the emission of noise by the use of amplifiers, loudspeakers or other equipment or appliances which causes annoyance to the public or to the people in general who dwell or occupy property in the vicinity be considered a public nuisance in terms of section 261 of the Penal Code and that the Police should entertain complaints and take appropriate action for the abatement of such public nuisance;

(ii) That all permits issued by the Police under section 80(1) of the Police Ordinance shall cease to be effective forthwith;

(iii) That no permits shall be issued in terms of section 80(1) of the Police Ordinance for the use of loudspeakers and other instruments for the amplification of noise as specified in that section covering the period 10 p.m. (night) to 6 a.m. (morning). Such permits may be issued for special religious functions and other special events only after ascertaining the views of persons who occupy land premises in the vicinity, a record of such matters to be maintained and the grant of any such permit shall be forthwith reported to the nearest Magistrate Court;

(iv) That in respect of the hours from 6.00 a.m. to 10.00 p.m., permits may be issued for limited periods of time for specific purposes subject to the strict condition that the noise emitted from such amplifier or loudspeaker or equipment does not extend beyond the precincts of the particular premises.

(v) Where a permit is issued in terms of section 80(1) as provided in direction (iii) and (iv) sufficient number of Police Officers should be designated and posted to the particular place of use to ensure that the conditions imposed are strictly complied with;

(vi) That the Police will make special arrangements to entertain any complaint of a member of the public against any person guilty of an offence of public nuisance as provided in section 261 of the Penal Code or of using any loudspeaker, amplifier or other instrument as provided in section 80 of the Police Ordinance contrary to any of these directions and take immediate steps to investigate the matter and warn such person against a continuance of such conduct. If the conduct is continued after that warning to seize and detain the equipment as provided in section 80(4) of the Police Ordinance and to report the matter to the Registrar of this Court.

The Inspector General of Police was directed to submit a report to the Court as to the action taken on the judgment. IGP’s Circular No. 2031/2007 and Crime Circular 17/2007 were issued in conformity with the judgment. A few years later, following representations made mainly by artistes to President Mahinda Rajapakse, the State requested the Supreme Court to extend the time period of permits during weekends. This request was granted.

Accordingly, the Supreme Court directed that musical and cultural shows should be brought to an end at 1.00 a.m. on Fridays and Saturdays and 12.30 a.m. on Sundays. What is important to note is that no change was made to the strict condition made by the Court that noise emitted from an amplifier, loudspeaker or equipment should not extend beyond the precincts of the particular premises.

Southern hoteliers protest relaxing noise laws

The government’s response to a small group of tourists wanting to make merry, unmindful of the rights of the residents of the area, was clearly a knee-jerk reaction. Its spokespersons went to the extent of adding that not permitting loudspeakers till late would adversely affect the tourist industry.

These responses triggered an immediate backlash from citizens concerned with the environment, especially those affected by noise pollution. The Facebook group National Coalition Against Noise Pollution (Shabda Dooshanayata Erehi Jathika Ekamuthuva — type in Sinhala fonts to visit the page) is at the forefront.

The authorities may not have expected opposition from the tourist industry itself. At a media briefing in Galle on 27 January, the Southern Province Tourist Hoteliers Association said that tourists vehemently oppose intense noise. There have been instances of tourists demanding that room charges be paid back and moving out when unable to bear the noise. “Tourists come to Sri Lanka to enjoy the beaches, wildlife and places of historical interest in a relaxing environment. Those who visit discos are drug users. It is they who want noise, not genuine tourists,” the Association explained. A hotel owner from Unawatuna, who had been in the business for 20 years, said that his clients had asked for their money back and left the hotel when disturbed by the intense noise from discos in the neighbourhood. If discos are to be operated, the halls must be constructed so as not to let out sound, he explained —the same condition that our Supreme Court had imposed. A German national whose husband is in the tourist trade in Sri Lanka expressed similar sentiments and blamed Sri Lankan authorities, including the Police, for turning a deaf ear to tourists’ complaints. That tourists want discos and musical shows at night is a misconception, she added. (To be concluded).

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Features

Illegal solar push ravages Hambantota elephant habitat: Environmentalist warns of deepening crisis

Published

12 hours ago

2026/03/19

Sahan Weerasooriya

Land earmarked for the project

A large-scale move to establish solar power plants in Hambantota has triggered a major environmental and social crisis, with more than 1,000 acres of forest—identified as critical elephant habitat—cleared in violation of the law, environmental activist Sajeewa Chamikara said.

Chamikara, speaking on behalf of the Movement for Land and Agricultural Reform, said that 17 companies have already begun clearing forest land along the boundaries of the Hambantota Elephant Management Reserve. The affected areas include Sanakku Gala, Orukemgala and Kapapu Wewa, which are known to be key elephant habitats and long-used movement corridors.

He said that what is taking place cannot be described as development, but rather as a large-scale destruction of natural ecosystems carried out under the cover of renewable energy expansion.

According to Chamikara, the clearing of forests has been carried out using heavy machinery, while large sections have also been deliberately set on fire to prepare the land for solar installations. He said that electric fences have been erected across wide stretches of land, effectively blocking elephant movement and fragmenting their natural habitat.

“These forests are not empty lands. They are part of a living system that supports wildlife and nearby communities. Once destroyed, they cannot be easily restored,” he said.

The projects in question include a 50 megawatt solar development undertaken by five companies and a larger 150 megawatt project implemented by 12 companies. The larger project is reported to be valued at around 150 million US dollars.

Chamikara stressed that these projects are being carried out in a coordinated manner and involve extensive land clearing on a scale that raises serious environmental concerns.

He further alleged that certain companies had paid about Rs. 14 million to secure support and move ahead with the projects. He said this points to a troubling failure of oversight by state institutions that are expected to protect forests and wildlife habitats.

“This is not only an environmental issue. It is also a serious governance issue. The institutions responsible for protecting these lands have failed in their duty,” he said.

Chamikara pointed out that under the National Environmental Act, any project of this scale must receive prior approval through a proper Environmental Impact Assessment process.

He said that clearing forest land before obtaining such approval is a direct violation of the law.

He added that legal requirements relating to archaeological assessments had also been ignored. Under existing regulations, large-scale land clearing requires prior evaluation to ensure that sites of historical or cultural value are not damaged.

“The law is very clear. You cannot go ahead with projects of this nature without proper approval. What we are seeing is a complete disregard for legal procedure,” Chamikara said.

The environmental impact of these activities is already becoming visible. With their natural habitats destroyed, elephants are increasingly moving into nearby villages in search of food and shelter. This has led to a sharp rise in human-elephant conflict in several areas.

Areas such as Mayurapura, Gonnooruwa, Meegahajandura and Thanamalvila have reported increasing encounters between humans and elephants. According to Chamikara, more than 5,000 farming families in these areas are now facing growing threats to their safety and livelihoods.

He warned that farmers are being forced to abandon their lands due to repeated elephant intrusions, while incidents involving damage to crops and property are rising. There have also been increasing reports of injuries and deaths among both humans and elephants.

“This is turning into a serious social and economic problem. When farmers cannot cultivate their lands, it affects food production, income and rural stability,” he said.

Chamikara also raised concerns about the broader environmental consequences of clearing forests for solar power projects. While renewable energy is promoted as a solution to reduce carbon emissions, he said that destroying forests undermines that goal.

“Forests play a key role in absorbing carbon dioxide. When you clear and burn them, you are increasing emissions, not reducing them. That defeats the purpose of promoting solar energy,” he explained.

He added that large-scale deforestation in dry zone areas such as Hambantota could also affect local weather patterns and reduce rainfall, which would have further negative impacts on agriculture and water resources.

Chamikara called for a shift in policy, urging authorities to focus on more sustainable approaches to solar power development. He said that rooftop solar systems on homes, public buildings and commercial establishments should be given priority, as they do not require clearing large areas of land.

He also recommended that solar projects be located on degraded or abandoned lands, such as areas affected by past mining or other low-value lands, rather than forests or productive agricultural areas.

“Renewable energy development must be done in a way that does not destroy the environment. There are better options available if there is proper planning,” he said.

Chamikara urged the Central Environmental Authority and the Department of Wildlife Conservation to take immediate action to stop ongoing land clearing and investigate the projects. He stressed that all activities carried out without proper approval should be halted until legal requirements are met.

He warned that failure to act now would lead to long-term environmental damage that could not be reversed.

“If this continues, we will lose not only forests and wildlife, but also the balance between people and nature that supports rural life. The consequences will be felt for generations,” he said.

The situation in Hambantota is fast emerging as a critical test of whether development goals can be balanced with environmental protection. As pressure grows, the response of authorities in the coming weeks is likely to determine whether the damage can still be contained or whether it will continue to spread unchecked.

By Ifham Nizam

Features

Why Mahatma Gandhi’s teachings need to be at the heart of conflict resolution

Published

12 hours ago

2026/03/19

Sahan Weerasooriya

Mahatma Gandhi

All credit to the Tamil Nadu government for taking concrete measures to perpetuate the memory of the renowned Mahatma Gandhi of India, who on account of his moral teachings stands on par with the likes of Socrates, Plato, Aristotle, Confucius and Jalaluddin Rumi, to name a few such all-time greats. The time is indeed ripe to draw the world’s attention to the Mahatma’s humanistic legacy which has resonated in the hearts of peace-oriented sections the world over down the decades.

Under its mega developmental blueprint titled ‘ Tamil Nadu 2030’, the Tamil Nadu government, among other things, intends transforming villages into centres of economic growth in conformity with the Mahatma’s vision of making the village the fundamental unit of material and spiritual advancement. Thus will come into being the ‘Uttamar Gandhi Model Villages Project’, which will be initially covering 10 village Panchayats. (Please see page 3 of The Island of March 11, 2026).

The timeliness of remembering and appreciating anew the teachings of Mahatma Gandhi resides in the utter lawlessness that has been allowed to overtake the world over the last few decades by none other than those global powers which took it upon themselves to usher in a world political and economic order based on the UN Charter and the Universal Declaration of Human Rights. Mainly in ‘the dock’ in this regard are the permanent members of the UN Security Council.

As is plain to see, the international law and order situation has veered out of control. Principal priorities for the international community or what’s left of it is to prevent the current mainly regional war in the Middle East from degenerating dangerously into another world war, coupled with the task of eliminating the possibility of another nuclear holocaust.

The most scorching of ironies is that the world’s ‘number one power’, the US, has virtually lost its way in the ‘Global Disorder’ it has been party to letting lose. For instance, instead of making good its boast of militarily neutralizing Iran and paving the way for the constant flow of fuel and gas from the Strait of Hormus by itself and Israel, it is now appealing to the rest of the West to come to its assistance. Not surprisingly, US allies are indicating their unwillingness to help pull the US’ ‘chestnuts out of the fire’.

Oil and gas are the veritable life blood of countries and going ahead it should not come as a surprise if impatience gets the better of the major powers and the nuclear option is resorted to by some of them under the dangerous illusion that it would be a quick-fix to their growing economic ills and frustrations.

All the above and more are within the realms of the possible and the need is pressing for humanistic voices to take centre stage in the present runaway crisis. As pointed out in this column last week, Realpolitik has overtaken the world and unless the latter is convinced of the self-destructive nature of the major powers’ policy of ‘meeting fire with fire’ to resolve their disputes, annihilation could be the lot of a good part of the world.

For far too long the voice of humanity has been muted and silenced in the affairs of the world by the incendiary threats and counter-threats of the big powers and their allies. No quarter has been bold enough in these blood pressure-hiking slanging matches to speak of the need for brotherly love and compassion among nations and countries. But it’s the language of love and understanding that is the most pressing need currently and the Mahatma in his time did just that against mighty odds.

At present the US and Iran are trading threats and accusations over military-related developments in the Gulf and it’s anybody’s guess as to what turn these events will take. However, calming voices of humanity and moderation would help in deescalating tensions and such voices need to go to the assistance of the UN chief and his team.

The Mahatma used the technique of ‘Satyagraha’ or the policy of non-violent resistance to oppose and dis-empower to a degree the British empire in his time and the current major powers would do well to take a leaf from Gandhi. The latter also integrated into the strategy of non-violent resistance the policy of ‘Ahimsa’ or love and understanding which helped greatly in uniting rather than alienating adversaries. The language of love, it has been proved, speaks to the hearts and minds of people and has a profoundly healing impact.

Mahatma Gandhi defined the ideal of ‘Ahimsa’ thus: ‘In its positive form, “Ahimsa” means the largest love, the greatest charity. If I am a follower of “Ahimsa”, I must love my enemy or a stranger to me as I would my wrong-doing father or son. This active “Ahimsa” necessarily includes truth and fearlessness.’ (See; ‘Modern Indian Political Thought; Text and Context’ by Bidyut Chakrabarty and Rajendra Kumar Pandey, Sage Publications India, Pvt. Ltd., www.sagepub.in).

In the latter publication, the authors also defined the essence of ‘satyagraha’ as ‘protest without rancour’ and this is seen as ‘holding the key to his entire campaign’ of non-violent resistance. From these perspectives, the teaching, ‘hatred begets hatred’ acquires more salience and meaning.

Accordingly, the voice of reason and love needs to come centre stage and take charge of current international political discourse. The UN and allied organizations which advocate conflict resolution by peaceful means need to get together and ensure that their voices are clearly heard and understood. The global South could help in this process by seeing to the vibrant rejuvenation of organizations such as the Non-aligned Movement.

An immediate task for the peace-oriented and well meaning is to make the above projects happen fast. In the process they should underscore afresh the profound importance of the teachings of Mahatma Gandhi, who is acclaimed the world over as a uniting and healing political personality and prophet of peace.

If the Mahatma is universally acclaimed, the reason is plain to see. Put simply, he spoke to the hearts and minds of people everywhere, regardless of man-made barriers. The language of peace and brotherhood, that is, is understood by everyone. The world needs more prophets of peace and reconciliation of the likes of the Mahatma to drown out the voices of discord and war-mongering and ensure that the language of humanity prevails.

Features

Exciting scene awaits them …

Published

12 hours ago

2026/03/19

Sahan Weerasooriya

The Future Model Hunt extravaganza, organised by Rukmal Senanayake, and advocacy trainer Tharaka Gurukanda, held in late January 2026, has brought into the limelight four outstanding contestants who will participate, at the international level, this year – Sandeepa Sewmini, Demitha Jayawardhana, Diwyanjana Senevirathna, and Nimesha Premachandra.

Nimesha took the honours as Mrs. Tourism Sri Lanka 2026 and was featured in The Island of 05th March,

Sandeepa Sewmini was crowned Miss Supranational 2026 and will represent Sri Lanka at the big event to be held in Poland later in the year.

A Business Management and Human Resources student, she will be competing under the guidance of Rukmal Senanayake from the Model With Ruki – Model Academy & Agency.

The Mister Supranational Sri Lanka crown went to Demitha Jayawardhana, a 20-year-old professional model and motocross rider.

Apart from modelling he is engaged in his family business.

Demitha Jayawardhana: Mister Supranational Sri Lanka 2026

Demitha is also a badminton player with a strong passion for sports, fitness and personal growth.

In fact, he is recognised for his strength, discipline, and passion for fitness.

A past student of Wycherley International School and St Peter’s College, Colombo, Demitha is currently in his second year of Economics Management at the Royal Institute of Colombo.

He will represent Sri Lanka at the 10th edition of the Mister Supranational pageant, in Poland, in August, 2026.

Mister and Miss Supranational are annual international beauty pageants, held in Poland, and are designed to discover new talent for the modelling and television industries and produce instant celebrities.

The competition focuses on elegance, intelligence, and social advocacy, with contestants, representing their countries.

The newly appointed Miss Teen International Sri Lanka 2026 is Diwyanjana Senevirathna.

She was crowned at the Future Model Hunt and will represent Sri Lanka at the Miss Teen International 2026 pageant in India.

Diwyanjana is noted for her grace and dedication to representing the country at this prestigious event that aims to celebrate talent, intelligence, charm, and individuality, and provide a platform for young girls to showcase their skills.