Features
Justice Minister Ali Sabry on what he’s trying to do
Omnibus interview with Saman Indrajith
Justice Minister President’s Counsel Ali Sabry is known in the legal fraternity as among the most brilliant lawyers this country has seen in recent times. He has embarked on an ambitious plan to reform the legal system especially in respect of addressing law delays. He is confident that he could bring about the change and that will ultimately help this country and its people to reach their true potential, Minister Sabry said during an interview with The Sunday Island.
Excerpts:
Q: What is your assessment of the current political situation?
A:
In the current political situation, when it comes to party politics, the government is of course in a very strong position with its two thirds majority in parliament. Of course there are differences of opinion within the ruling party. That is how democracy works. But still in the government we are all united, compared to the opposition which is weak and not effective.
Q: The government came to power promising constitutional reforms. There were reports that the reforming process had commenced months back under your leadership. Would you like to comment on the current statusd of that process?
A:
On the instructions of President Gotabaya Rajapaksa and with the approval of the cabinet we have appointed an 11-member committee led by President’s Counsel Romesh de Silva to report on constitutional changes. It is a committee with diverse opinions and representations of many religions and communities. There are jurists, legal luminaries, legal academics, and members of civil society, Buddhists, Catholics, Sinhalese, Tamils and Muslims. They have been given a mandate to study and examine past attempts to amend the constitutions, to consult the public, religious leaders and political parties and to come up with a draft constitution. They have been working very hard. I understand that last weekend they traveled to Kandy to meet some of the people there to get their opinions as a part of the consultative process. They will submit their first draft in March. It would be then presented to the Cabinet to decide on its passage through parliament.
Q: There is a strong opinion that constitutions since Independence have not been able to support building what is known as a unique Sri Lankan identity but instead contributed to promoting communal identities. Do you think that the new constitution would be able to do something different and help promote a pan-Sri Lankan identity?
A:
Ideally that should be the case. But you have to understand that this is a country with a great history based on Buddhism. So Buddhism has to be preserved and given the foremost of place as it has been the case in the 1972 and 1978 constitutions. By doing so it should ensure we respect other religions too. We can embrace good qualities of all our communities and create a Sri Lankan identity that is acceptable to 70 percent of the Sinhala Buddhists. In that case we must promote the brand of Buddhism known in this country for centuries, helping people celebrate each other not despise each other, creating an identity which will help each other. That’s the brand of Buddhism known to people of this country for a long period of time.
The worst done to the Muslim community has been done by those promoting the ideology of Taliban and other extremist groups. They profess a brand of Islam that true Islam is never known for. It is a militant and non-tolerant, a rigid brand. Opposed to that we have a history of Sri Lanka known for its religious tolerance and love of peace. For example while the whole world was hating Japan at the San Francisco summit, Mr. JR Jayewardene, representing this country, who helped them to open their eyes to reality by explaining the Buddhist value that hatred never ceases by hatred but would only cease by love, respect and mercy. Whenever there were disputes between nations in the region, Japan and China, India and China and India and Pakistan, Prime Minister Sirima Bandaranaike met with their leaders and diffused those tensions by professing Buddhist values. When all the powerful nations were trying to write off Palestine from the world map, Mahinda Rajapaksa stood up and supported them.
Those leaders could achieve peace because our society is based on values Gautama Buddha had preached such as equality; respect for each other’s dignity and love. That is the brand I think that we should promote once again. If that happens we will be truly representing ourselves as true ambassadors of this great country and great philosophy of Buddhism which nobody can oppose or go against. It is a choice for all Lankans right now. As a Muslim I hate Taleban Islam. They have inflicted the biggest damage on the Islamic faith. We do not want any extremism of any sort. Every religion preaches peace, harmony, respect and brotherhood. Having said so, Sri Lanka should be primarily a Sinhala Buddhist country. We have been respected by the world as being primarily a Sinhala Buddhist country in the 1960s and 1970s. We must get a Sri Lankan identity which embraces everyone, Sinhalese, Tamils, Muslims so that all can feel proud and say that we, despite all our differences, are Sri Lankans. That is where I want to see this country going.
Q: There are news items quoting you of ambitious plans by the justice ministry to effect changes. According to some, the changes mean overhauling the system and that many archaic laws are being changed. How long do you think this would take?
A:
One of the main reasons that compelled me to take leave from the legal profession and enter politics was that the need to change the legal system. This system needs an overall change. In the World Bank’s ‘Ease of Doing Business in 2028’ world ranking we were at 112 out of 185 countries. In the index of ‘Enforcement of Contacts’ Sri Lanka was at 165 out of 189 countries because it takes such a long time to enforce a contract here. Countries such as Ethiopia, Rwanda are ranked better than us because their legal systems are more effective than ours. It is not about the independence of the judiciary per se. With regard to the independence of the judiciary I think we can be happy where Sri Lanka stands today irrespective of the few cases of which people are complaining. Independence of the judiciary itself is not everything. It has to be effective, efficient, time-tested, and affordable. That is what the rankings are about.
Before I started politics I was involved in legal reforms from the Bar Association as an executive committee member, as a treasurer then finally as the deputy president. We have a very strong strategy to look into all matters carefully. In one of our research results we found that Sri Lanka has 15 judges per one million population whereas advanced countries such as Germany and Canada have almost 200; countries like Singapore have more than 100 per million people whereas Malaysia and Thailand have 65 to 68 judges, even India has 20 judges per one million. We decided to increase the number of judges and started it from the Supreme Court and Court of Appeal. More judges would be appointed to lower courts in the coming months.
In addition we started improving infrastructure of court houses countrywide. We have not yet been able to embrace the advantages made available to us by technology. Other countries have done that and digitalized their systems. We recently started the digitizing process. The Supreme Court started e-filing rules. Magistrate Courts and Court of Appeal commenced to hear bail applications online. High Courts now accept e-filing and the Court of Appeal commenced e-hearing. There is so much to be done but we hope we can complete this in four years time.
We are also planning to bring about amendments to many laws that had not been visited for many decades. For that purpose we have appointed three committees on criminal law, civil law and commercial law. Altogether around 20 committees are now working on different specialized areas of law. I am happy to say more than 150 highly respected lawyers are serving in those different committees and most of them serve voluntarily without taking any fee for their services. There is an expectation in our legal community that something is happening and they need to be part of it. I am very optimistic that we could transform this system. It will take some time for results.
In some matters we have been able to see the results. When I assumed duties the backlog of cases stuck at the Government Analyst’s Department was around 16,000. Now, we have almost finished most of those case analyses and by the end of March we finish clearing the backlog. In January, we set a very high target of turning out 4,828 reports. We achieved 104 percent. That was something unthinkable six months ago. I am sure that we can transform the system.
Q: There were reports that Sri Lanka Law College Student’s Union had been agitating for some time demanding that there were academic, infrastructure and welfare issues of students that have been overlooked. There were also reports that the president and secretary of the union met you recently with all those matters presented in writing. The students complain that what they witness is a game of passing buck between authorities. In what way you can solve their problems because it was also your college once.
A:
I have a huge respect, love and admiration for the Law College. It is a great place which has turned out Lankan leaders such as Presidents JR Jayewardene and Mahinda Rajapaksa. We need to preserve that place and maintain its standards and stature and independence. The Incorporated Council of Legal Education is an independent body. The Justice Minister can appoint few people to the council, but the majority is ex officio – the Chief Justice, two members of the Supreme Court, the Attorney General, the Solicitor General, two members from the Bar Association of Sri Lanka and Secretary to the Ministry of Justice. It is an independent body and unfortunately there had been no funding from the government to the council for its functions. They have to meet their expenses with the funds collected as fees from the college. That is the problem.
I took over in August, and I did not want to remove serving members though some were appointed by the previous government. They are also respectable members of our profession. Though they have been appointed to the council by the previous minister, I did not want to be ungrateful and remove them in the middle of their terms. When their terms ended I appointed my representatives including Harsha Amarasekera, the Chairman of the Sampath Bank, Sanjeewa Jayawardena, Naveen Marapana, Sampath Mendis, all are President’s Counsels and Prof Camena Gunaratne and also the Dean of the Faculty of Law of the University of Colombo. I hope the new team will come together and study the situation and decide what is to be done. I agree the Law College needs to be upgraded and it has been long neglected in all aspects of its quality of education, infrastructure, welfare of students, extra-curricular activities, embracing technology etc. I am sure that his lordship, the Chief Justice and his Council will carefully re-look at problems and find a way to upgrade the Law College. I am ever willing to help.
Q: Many brilliant lawyers held the post of justice minister. Some of them after their stint in politics returned to the Bar not to be welcomed. For example it is said that when Felix Dias Bandaranaike returned to the bar after a stint in politics, the legal fraternity at Hulftsdorp considered him a ‘plague’. The fraternity including judges and other lawyers will keep in mind what the justice ministers do. How do you see your future?
A
: I do not have long term ambitions in politics. I want to positively contribute for the upliftment of our country. Some people misinterpret even a single word I may say. All my intentions are very pure. I have sacrificed a lot to come here. I firmly believe in a single Sri Lankan identity. I also firmly believe Sri Lankan Muslims should live and embrace Sri Lankan culture. There is a sub-Sri Lankan Muslim culture that is different to the Sinhala Buddhist culture. But it is a Sri Lankan Muslim culture. That has to be embraced. There is nothing for us to be afraid of each other. We can help each other. We must create that environment. That is one of the objectives in my coming to politics.
As I already told you I decided to come to politics because I want to see a change of system. I have seen the agony of clients and people because of the delays. On the other hand this country cannot reach its true potential when the justice system is in the lower slots of international rankings. As long as I am here I work 24 hours by seven. My staff in the ministry too work in the same manner. Those at the government analyst’s department worked many extra hours without even applying for overtime to clear the backlog of reports. I am so grateful to them because they work very hard. They work because they have felt something is happening and the whole bisiness is moving in the right direction.
All the officers in this ministry, I am so glad, are working to complete their tasks. Some of them are working even on Saturdays and Sundays. That means that they know that we have come here for a reason and we will transform this place. The ultimate beneficiary of this work is the general public.
We are interested in making the Sri Lankan legal system world class, to bring our rankings higher so ultimately that will contribute to the rule of law so people will be safe on the streets; that they do not need to wait for a long period of time to see justice being done. After completing this I will go back to my profession to practice law.
Features
People’s mandate and judicial legitimacy
Sri Lanka is witnessing the dismantling of the culture of impunity that dominated public life for decades. This is happening through the courts, police investigations and legal process. It is not an easy task and requires strong leadership as it is generating strong resistance. The ongoing revelations about the nexus between politicians, including those at the highest levels, and criminal networks show that the government’s electoral mandate with regard to corruption and crime is now being translated into action through the legal system. The vote of the people at the last national elections was for a corruption free country and an end to the climate of impunity that had prevailed for decades. They voted for a system change that would replace impunity with accountability under the rule of law. They expected those who had looted the country and brought it to the point of bankruptcy to be held accountable through the due process of law.
The cases that are being investigated by the police, in tandem with the Attorney General’s Department, and adjudicated by the judiciary are based on hard evidence. Much of the evidence that is now receiving publicity had been available several years ago and had even entered the legal process. In the past those cases failed to reach fruition. Investigations lost momentum, prosecutions failed to marshal the available evidence and many cases were dismissed, some on technical grounds. Between 2019 and 2024, a total of 102 cases were withdrawn from the courts by the government authorities. The public knew, or strongly believed, that corruption and serious crimes had taken place. The inability to establish wrongdoing before a court of law and hold those responsible accountable created a climate in which political power appeared to provide protection from legal accountability.
A countrywide study titled Factors Guiding Voter Preference in Elections in Sri Lanka was commissioned by the National Peace Council prior to the 2024 elections under the European Union funded project Active Citizens for Elections and Democracy and conducted by researchers Dr Mahesh Senanayake and Ms Crishni Silva of the University of Colombo. It found overwhelming public support for accountability and good governance. While 93 percent of respondents identified resolving the economic crisis as their foremost electoral concern, an equally striking 83 percent said they prioritised candidates committed to fighting corruption. The mandate given to the government can, therefore, be interpreted to mean to restore integrity to public life and end the long standing culture of impunity.
Different Approach
Today, it can be seen that the police, the Commission to Investigate Allegations of Bribery or Corruption, the Attorney General’s Department and the judiciary are approaching matters of impunity in respect of corruption and crime in a manner that is markedly different from the past. Several persons who formerly occupied high office have now been subjected to due legal process and, in a number of cases, convicted after judicial scrutiny at different levels of the court system. This is an important difference from earlier years when cases involving politically prominent persons frequently failed to proceed or collapsed before reaching their conclusion. The strength of the present accountability process lies not only in the convictions that have been secured but also in the growing public confidence that no one is above the law. It is in this context that reports of a government proposal to extend by two years the retirement age of judges of the Supreme Court and the Court of Appeal have generated support from those who wish to see the present accountability process continue and opposition from those who see it as an attempt to influence the judiciary.
Many countries have increased judicial retirement ages in recognition of longer life expectancy and the value of retaining experienced judges. This has not only been limited to the judiciary but also the academia and the public service. However, the controversy in Sri Lanka is due to the context and as the proposal for an extension of the period of service of judges of the superior courts comes at a time when the courts are hearing politically significant corruption and criminal cases. The Bar Association of Sri Lanka has taken the lead in questioning the proposed constitutional amendment. The BASL has stated that it “notes with grave concern” reports that the government is considering increasing the retirement age of judges of the Supreme Court and the Court of Appeal. It has warned that extending the tenure of sitting judges at this point of time is likely to be viewed by the public as an attempt to interfere with the independence of the judiciary.
The main issue raised by the BASL is therefore one of preserving public confidence in the administration of justice. A discussion organised by the BASL also highlighted that this issue has implications beyond Sri Lanka. Representatives of the Commonwealth Lawyers Association and LAWASIA acknowledged that many countries have increased the retirement age of judges in recognition of greater life expectancy and the value of retaining experienced judges. Their concern was not with increasing the retirement age itself but with changing the tenure of sitting judges while politically significant corruption cases are before the courts. In such circumstances, even well intentioned reform could create a public perception that the judiciary is being influenced to take forward the government’s mandate in a partisan manner.
Maintain Confidence
The challenge before the government is to preserve two equally important objectives. The first is to continue implementing the people’s mandate to hold the corrupt and those responsible for grave crimes accountable before the law. The second is to ensure that nothing is done which could diminish public confidence in the independence and impartiality of the judiciary that is entrusted with carrying out that responsibility. The strength of the present accountability process lies in the confidence it has generated among the public that investigations, prosecutions and judicial decisions are being made according to law as in the convictions that have been secured. Sri Lanka has come a long way from the days when politically sensitive cases rarely reached a successful conclusion. It would be unfortunate if doubts regarding the independence of the judiciary were to overshadow what has otherwise been a significant institutional achievement.
In the face of the concerns expressed by the BASL, opposition political parties and international legal organisations, it would be prudent for the government to widen the discussion on the proposed amendment. If there is a compelling case to increase the retirement age of judges of the superior courts, that case should be placed before the public and parliament and debated openly. Such a constitutional amendment should not rest solely on the government’s parliamentary majority, even if it has the numbers to secure its passage. Simply utilising the numbers that the government on its own to make changes to the constitution will not increase its legitimacy or credibility. Those values will be strengthened if they were preceded by public consultation and supported across party lines in Parliament. Bipartisan political support can be expected from those in the opposition, of whom there are many, who have shown an inclination to practice responsible politics in the national interest.
The people voted not only to change a government but to change a system. They expected those who abused public trust to be held accountable through institutions that commanded public confidence. That expectation is beginning to be fulfilled. It should not be placed at risk by constitutional change that lacks broad public acceptance. If the government believes there is a compelling case to extend the retirement age of the judges of the superior courts, it should first make that case to the people and seek bipartisan support in Parliament with those in the opposition who are also sincere about anti-corruption and good governance. The challenge is to protect the independence of the judiciary while ensuring that no one is above the law. Overcoming this challenge is the surest way to make Sri Lanka’s transition from a culture of impunity to one of accountability a lasting one.
by Jehan Perera
Features
Intelligence-led governance: the strategic path to a sovereign nation
In an increasingly volatile and interconnected world, the strength of a nation is no longer determined solely by the size of its military, the abundance of its natural resources, or the growth of its economy. The true measure of national strength lies in the resilience of its institutions, the confidence of its people, the effectiveness of its governance, and its ability to anticipate and respond to emerging challenges before they become national crises.
The twenty-first century has introduced a security landscape that is far more complex than ever before. Nations today confront not only conventional military threats but also terrorism, organised crime, cyber-attacks, economic instability, disinformation, climate change, pandemics, energy insecurity, irregular migration, financial crimes, and geopolitical competition. These challenges are interconnected and demand integrated responses rather than isolated solutions.
To navigate this evolving environment successfully, every nation requires a shared strategic vision supported by strong institutions working in harmony. At the centre of this vision should be a modern, professional, and intelligence-led system of governance that enables informed decision-making, protects democratic values, and promotes sustainable national development.
A Shared Strategic Vision
Every successful nation should aspire towards a common national vision:
A Sovereign Nation Happy People Peaceful Society Prosperous Economy A Respected Global Partner
These are not independent aspirations but interconnected national outcomes. Achieving them requires every State institution to work collectively under a common strategic framework rather than as isolated entities pursuing individual objectives.
A sovereign nation is one that possesses not only secure borders but also strong institutions, economic resilience, social cohesion, and the confidence to make independent national decisions. Sovereignty today extends beyond territorial integrity to include economic security, cyber resilience, energy security, food security, environmental sustainability, and protection against external influence.
Good Governance: The Cornerstone
The foundation of every successful nation is good governance.
Transparency, accountability, integrity, professionalism, and efficient public administration create an environment where citizens trust their institutions and investors have confidence in the country’s future. Corruption, political interference, inefficiency, and weak institutions undermine national resilience and weaken sovereignty from within.
Good governance is not merely an administrative principle; it is a national security imperative.
When public institutions function efficiently, public services improve, economic opportunities expand, and social grievances diminish. This reduces vulnerabilities that extremist groups, organised criminals, and foreign actors often exploit.
The Rule of Law and Judicial Independence
An independent judiciary is one of the strongest pillars of democracy.
Justice must be administered impartially and without fear or favour. Citizens must have confidence that the law applies equally to everyone, regardless of social status or political influence.
Judicial independence strengthens public confidence, attracts foreign investment, and reinforces national stability. Investors are more likely to invest in countries where contracts are enforceable, disputes are resolved fairly, and property rights are protected.
Likewise, professional law enforcement agencies play a vital role in safeguarding public order. Intelligence-led policing, supported by modern investigative techniques, community engagement, and technological innovation, enables law enforcement to prevent crime rather than merely react to it.
Human Rights: A Strategic Asset
There is often a misconception that national security and human rights exist in opposition. In reality, they reinforce one another.
Respect for human dignity, equality before the law, freedom of expression, religious freedom, and constitutional rights strengthens national unity and social cohesion. Citizens who trust their institutions are more willing to cooperate with authorities, report suspicious activities, and participate in community safety initiatives.
Communities become the first line of defence against extremism, organised crime, and social unrest when mutual trust exists between citizens and the State.
Human rights should therefore be viewed not as obstacles to security but as essential components of sustainable national security.
Intelligence: The Strategic Nerve Centre
At the heart of modern governance lies an effective national intelligence network.
Traditionally, intelligence was associated primarily with military operations and counter-terrorism. Today, its responsibilities extend much further.
Modern intelligence supports political leadership by providing timely, accurate, objective, and actionable information that enables informed decision-making. It anticipates threats, identifies opportunities, and supports strategic planning across all sectors of government.
An effective intelligence system should be:
* Predictive rather than reactive.
* Preventive rather than investigative alone.
* Integrated rather than fragmented.
* Technology-driven rather than paper-based.
* People-centred rather than institution-centred.
Artificial intelligence, big data analytics, cyber intelligence, financial intelligence, geospatial intelligence, satellite imagery, behavioural analysis, digital forensics, and open-source intelligence are transforming the intelligence profession worldwide.
Countries that fail to modernise their intelligence capabilities risk strategic surprise and reduced competitiveness in an increasingly data-driven world.
Intelligence Beyond National Security
Modern intelligence should no longer be confined to counter-terrorism or espionage.
Its role should extend to supporting national development through the protection of critical infrastructure, monitoring economic trends, securing supply chains, safeguarding maritime interests, protecting natural resources, and assessing climate-related risks.
Intelligence should assist policymakers in areas such as:
* Economic planning
* Public health preparedness
* Disaster risk reduction
* Cybersecurity
* Energy security
* Food security
* Environmental protection
* Artificial intelligence governance
* Foreign policy
* Investment protection
An intelligence-led government anticipates future challenges instead of merely responding after crises emerge.
Whole-of-Government Cooperation
One of the greatest weaknesses in many developing nations is institutional fragmentation.
Government agencies often collect valuable information independently but fail to share it effectively. This creates duplication, delays, and missed opportunities.
A National Intelligence Fusion Centre should integrate information from intelligence services, police, armed forces, immigration, customs, financial intelligence units, cyber security agencies, disaster management authorities, health services, and environmental agencies.
Such integration provides decision-makers with a comprehensive national picture and significantly improves crisis management and strategic planning.
Economic Prosperity Through Security
Economic development depends fundamentally upon stability.
Foreign investors seek countries where governance is predictable, corruption is controlled, contracts are enforceable, infrastructure is secure, and political stability is maintained.
An effective intelligence system quietly protects these conditions by identifying threats to investment, monitoring organised crime, preventing financial fraud, protecting critical infrastructure, and safeguarding strategic industries.
Security and economic development are therefore mutually reinforcing.
Investment creates employment.
Employment reduces poverty.
Reduced poverty strengthens social stability.
Social stability reinforces national security.
International Partnerships
No nation can successfully confront modern threats alone.
Transnational organised crime, cybercrime, narcotics trafficking, terrorism, money laundering, illegal migration, and environmental crimes operate across borders.
Regional and global intelligence cooperation has therefore become indispensable.
Information sharing, joint investigations, coordinated maritime surveillance, and collaborative cyber defence significantly enhance national capabilities while strengthening diplomatic relationships.
Strong intelligence supports effective diplomacy.
Effective diplomacy enhances trade, investment, tourism, education, and technological cooperation.
Ultimately, international confidence contributes directly to national prosperity.
The Relationship Between National Stakeholders
National success depends upon collaboration among all stakeholders.
Government provides leadership and policy direction.
The judiciary safeguards justice.
Law enforcement protects public safety.
The intelligence community provides foresight and early warning.
Civil society strengthens social cohesion.
Educational institutions develop future leaders.
The private sector generates investment and innovation.
International partners facilitate trade, cooperation, and knowledge sharing.
Citizens themselves remain the most important stakeholders.
When these institutions operate with mutual trust, shared objectives, and effective coordination, they create a resilient State capable of responding confidently to both domestic and international challenges.
The Strategic Path Forward
Every nation requires a long-term vision rather than short-term political agendas.
That vision should place national interest above partisan interests and institutional collaboration above bureaucratic competition.
The pathway is straightforward:
Good Governance Independent Judiciary Professional Law Enforcement Protection of Human Rights Effective National Intelligence Network Political Stability Investor Confidence Economic Growth Foreign Direct Investment Peaceful Society Happy People A Sovereign Nation
This strategic chain demonstrates that sovereignty is not achieved through military strength alone. It is the cumulative outcome of good governance, justice, intelligence, economic resilience, and public confidence.
The future belongs to nations that can anticipate change, adapt rapidly, and make informed strategic decisions. Intelligence must therefore evolve from being viewed solely as a security function to becoming a central pillar of national governance and development.
A modern intelligence network should serve as the strategic nervous system of the State—connecting governance with justice, justice with security, security with economic prosperity, and prosperity with international respect.
A sovereign nation is ultimately one where institutions are trusted, citizens are protected, rights are respected, opportunities are created, and decisions are guided by knowledge rather than assumption. When all stakeholders work in harmony under a shared strategic vision, the result is a nation that is secure, prosperous, peaceful, and respected on the global stage.
The challenge before every developing nation is therefore not simply to strengthen its security apparatus but to embrace Intelligence-Led Governance as a national philosophy—one that integrates good governance, rule of law, human rights, innovation, and strategic foresight into a unified framework for sustainable national development. Such a vision will not only safeguard sovereignty but also ensure that future generations inherit a nation defined by stability, prosperity, and enduring peace
By Mahil Dole, SSP (Rtd.)
Features
The perfect victim: How institutions respond
It has been almost two months since the judgement of Abeyasinghe v Tilakaratne and others by the Supreme Court. Since then, I have often been asked a simple question, which I, too, have asked myself. “Has anything actually changed?” My answer is both yes and no. Judgements can uphold the law, direct institutions and clarify principles. But they cannot, by themselves, change cultures.
I shall take the liberty of writing this piece because, in the weeks following the judgment, I have found myself reflecting less on the outcome of the case and more on what it reveals about our institutions. Yet institutions do not change simply because a court has spoken. They change only when they are willing to question long-held assumptions, reflect honestly on their procedures and practices, learn from their shortcomings and act decisively to foster a culture that places accountability at its centre.
The myth of the perfect victim
One such assumption is about the conduct of the Ideal or Perfect victim. The concept of the “ideal victim” was first articulated by the Norwegian criminologist Nils Christie in 1986. Interestingly, Christie was not concerned with identifying those most likely to become victims of crime. Instead, his question was who is most readily recognised and accepted by society as a “real” victim? Society is often more willing to extend sympathy and credibility to victims who fit a particular stereotype. According to Christie, the “ideal victim” is someone perceived to be weak and vulnerable, engaged in a respectable activity, in a place where they have every right to be, harmed by someone clearly viewed as “big” or “bad,” and, importantly, a stranger rather than someone they know. These characteristics continue to influence how victims are perceived today. Although we may not consciously apply such criteria, they often shape our instinctive judgments about who deserves to be believed.
In the context of sexual violence within universities, the assumptions surrounding the ideal victim quickly begin to unravel. Power relationships within universities are often complex, and professional relationships may have existed before the misconduct. The alleged perpetrator may not be a stranger but a lecturer, supervisor, colleague, or fellow student. The complainant may continue interacting with the alleged perpetrator because academic progression or employment leaves little choice. When a victim does not fit the mould of the “perfect victim,” attention shifts away from the conduct of the alleged perpetrator and towards the conduct of the complainant.
What should be kept in mind is that victims respond to trauma differently. Some report immediately; many do not. Some become emotional; others appear composed. Some resign from their workplace, while others continue to work because they have no realistic alternative or because they wish to confront the violence head on. Some preserve every piece of evidence; others delete messages simply because they cannot bear to see them again. Yet these perfectly human responses are often interpreted as reasons to doubt credibility.
Universities provide a particularly complex setting for this phenomenon. Most complainants do not initially seek justice. More often, they simply want the harassment to stop so that they can continue their education or employment in an environment where they feel safe. Sometimes victims make anonymous complaints, not because they wish to avoid accountability, but because anonymity provides the only sense of security they have. During preliminary inquiries/ fact finding processes, confidentiality can often be maintained. However, if the matter proceeds to a formal disciplinary process, complainants are usually required to reveal their identities. It is at this point that many decide not to proceed further, not because the harassment did not occur, but because the personal cost of pursuing justice becomes overwhelming.
Perhaps this should prompt us to ask a different question. Instead of asking why anonymous complaints exist or why complainants don’t come forward (sooner), should we not ask why so many complainants feel unsafe engaging with the institutional process?
The subject of scrutiny
When survivors do come forward, they frequently encounter another familiar phenomenon, victim blaming.
“Why didn’t you complain earlier?”
“Why didn’t you go to the police?”
“If you were sexually harassed, why are you still working there?”
“Why did you continue interacting with him?”
“The reason this happened is because you showed positivity towards him.”
“There is no smoke without fire.”
Although these questions appear different, they have something in common. They all examine the behaviour of the complainant. Very few begin by asking why the alleged perpetrator behaved in the way described. The familiar proverb, “There is no smoke without fire,” is often used to suggest that the complainant must have done something to invite the misconduct. Yet perhaps we have misunderstood where the fire lies. The fire is not the complainant’s behaviour. The fire is the conduct of the alleged perpetrator. The complaint is the smoke that finally becomes visible.
These responses also reveal another contradiction. If a victim complains immediately, some might question their motives. If they delay, the delay becomes the issue. If they resign, they may be described as unstable or unable to cope. If they remain in employment, their continued presence is taken as evidence that the misconduct could not have been serious or that it never had happened. If they show emotion, they risk being dismissed as irrational. If they remain composed, they may be accused of exaggerating. In truth, there is often no version of events in which a complainant can satisfy every expectation placed upon them. If our systems only work for the “perfect victim,” then they were never truly designed for victims at all.
The silence that speaks
The recent judgment also prompted me to reflect on another aspect of institutional culture, silence. Within academia, even discussing judgments concerning one’s own institution may be framed as bringing the institution into disrepute. Such framing places academics in an impossible position. Those who speak are sometimes portrayed as being disloyal or as failing to respect the institution they serve. Yet genuine respect for an institution should not require silence in the face of injustice. Universities are places that encourage academic freedom, critical inquiry, evidence-based reasoning, and intellectual debate. They should, therefore, be places where uncomfortable conversations are not avoided but embraced.
The relative silence surrounding the judgment in academia raises important questions. Does silence reflect satisfaction that justice has been served? Does it reflect concern about damaging the reputation of one’s university? Does it reflect uncertainty about whether difficult institutional conversations are welcome? Or does it reflect a real or perceived fear of professional consequences for speaking openly? These are questions that deserve thoughtful reflection.
Post judgement reflections
At the same time, my experience in the weeks following the judgment has also been one of hope. Individuals who have experienced different forms of abuse have quietly come forward to share their own stories with me. Some have sought legal advice. Others have simply wanted someone to listen. Their experiences remind me that judgments do more than resolve disputes between parties. They send messages to those who have remained silent, that seeking justice remains possible. Perhaps that is one answer to the question I posed at the beginning of this article. Has anything actually changed? For some victims, I believe the answer is yes. A judgement can restore hope and encourage those who had previously felt that their voices would never be heard.
Yet judgments alone cannot erase trauma, restore lost years, or undo the personal and professional consequences that many victims endure. Courts can interpret the law, but they cannot, by themselves, transform institutional culture. Culture changes only when institutions and university communities are willing to learn from judgments rather than merely comply with them. It changes when realities of power imbalances are recognised, when credibility is assessed through evidence rather than stereotypes, and when the question “Why did the victim not come forward sooner?” is replaced with “What conditions made it so difficult for the victim to come forward?” Ultimately, the true value of a judgement lies not only in the orders it makes, but also in the conversations it inspires and the institutional self-reflection it demands. Whether anything truly changes will not depend on the judgement itself, but on whether institutions have the courage to learn from them.
(Udari Abeyasinghe is attached to the Faculty of Dental Sciences at the University of Peradeniya)
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
by Udari Abeyasinghe
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