Features
Matters of Life and Death
by S. N. Arseculeratne
Humans have only two certainties to worry about: income tax and death. I do not have to worry about tax as I have nothing to be taxed. Death is worth a thought. Of course, that it is inevitable, is a painful axiom. But a thinking person will want to know why we are born and suffer if we are to die. Richard Dawkins has pronounced that it is all because of The Selfish Genes that tricked us here for their ulterior purpose of getting themselves propagated. I’d think that his book is important to the extent that it provokes us to consider the ultimate questions.
But humans have another dilemma – to live or to die, or as Hamlet had it “To be or not to be“?, that dilemma was well portrayed in the beautiful film of the 1950s, A Matter of Life and Death by Michael Powell and Emeric Pressburger. It was about an airman who crashed and was hovering between life and death; his friends in the Celestial Court in Heaven wanted him up there but his earth-bound friends wanted him back alive on earth. The advocates on both sides gave utterly memorable speeches in pleading their causes. If I have a choice, I’d rather be Nobel Laureate Maurice Maeterlinck’s The Unknown Guest, a Discarnate Entity who from up there, helps his hapless erstwhile colleagues on this troubled earth, as convincingly portrayed by John G. Fuller in his factual accounts of The airmen who would not die and The ghost of flight 401.
My daily walks in our garden bring me to our beautiful flowers. I wondered, they are born, they become so beautiful and they wither and die. Biologists call this process Apoptosis, programmed cell death. And that sight gives me scope for daily meditation and a little philosophizing – on impermanence. Such instances keep prodding me to reconsider the perennial question of what life means and what is Man’s role in this sorry scheme of things that embroils him and his family in a world sodden with tragedies of all sorts. I have thought about these matters, in an essay titled The Phenomenon of Man, in which I considered Man to be just an epiphenomenon in Nature with no importance except as the unwitting carrier of Richard Dawkins’ Selfish Genes, through the fatal attraction for the bribe of a female. That essay merely used Teilhard de Chardin’s catchy title of one of his books but I certainly did not partake of his far-fetched and fanciful views which Nobel Prize winning biologist Peter Medawar shredded. My other essay The Final Testament and A Reconsideration of Rene Descartes’ “Cogito, ergo sum”) I think therefore I am) through a synthesis of the ideas of Buddhism, Richard Dawkins, Edward O. Wilson and Andrew Newberg, in my book that was recently released “I think, therefore I am – Rene Descartes” referred to Man’s obsession with himself as the centre of the universe. Man’s “self” is of no other significance than as an impetus for rebirth and the perpetuation of genes, a matter discussed in my essay on Rene Descartes. Yet Man keeps wallowing in his selfish fantasy, in the fragile cocoon that he has built for himself with his self-centered pursuits. Authoress of crime stories P. D. James wrote in her Introduction to her book Death in Holy Orders (in which she came upon the body of a dead youth who had fallen off a cliff): “All our lives are as insignificant as a single grain of sand. My mind felt emptied, even of sadness. Instead, gazing out to sea, accepting that in the end nothing really matters, and all that we have is the present moment to endure or enjoy, I felt at peace”.
The ultimate cause of this crazy world with its hapless inhabitants may now be considered as I often do and as I see it, despite the inevitable scorn and ridicule that agnostics, incorrigible skeptics,
and self-acclaimed ‘rationalists’ in their confusion, will heap on me. Some would tentatively blame, the controlling effect, the compulsions of and motivations from the planets on this world and its living things; after all they have some cause as ancient wisdom did, the Sun gives life to things on earth and the moon causes tides in waters. The convincing point in their view that compels credibility, is that their statements including predictions have sometimes proved to be convincingly right. I’d refer readers to the books (1) The case for Astrology, by John West and Jan Gerhard Toonder (1970) and (2) Explaining the Unexplained by H. J. Eysenck and Carl Sargent, my short essay A test for the validity of astrology, and to the comments of Nobel Laureate in Physics Prof. Brian Josephson in his interview with BBC on why he turned from physics to parapsychology– “I started to feel that there was more to reality than conventional science allowed for….”, Lord Dowding “I confidently predict that all these ideas will be commonly accepted in a hundred year’s time when those who reject them will be classed with those who now believe that the earth is flat”, science philosopher Paul Feyerabend “When a representative of the BBC wanted to interview these eminent scientists (on their view that astrology is non-valid) they declined with the remark that they never studied astrology and had no idea of its details”, and the views of London’s engineer Professor Arthur J. Ellison that Britain’s Society for Psychical Research had at one time many Fellows of the Royal Society of London, and 12 Nobel prize winners.
The final word in liberating ourselves from this messy world is perhaps from Buddhist philosophy which dwells on the theme of Impermanence, as the inevitable root of suffering. Need we cogitate on these ultimate questions? or follow the Buddha’s splendid advice and relieve ourselves of these burdens, without bothering about unanswerable questions; a person shot with an arrow should first take the arrow out, without bothering about who shot the arrow and why. Yet, the questions are relentless and inexorable; how do we take the arrow out? Is it through meditation to reach the higher states or Jhanas, of self-awareness and self-realization? Thus, as I wrote in a short essay “My short-cut to heaven“, I think I have the clue, which is to ablate my ‘self’ denying it the option of re-birth.
The prescription for this ablation is to be found in the Buddhist Abhidhamma as referring to the last thoughts at the death off a person, cuti citta [pronounced chuthi chitta], as determining the thoughts at the conception of the next birth (Uppada citta). I would also earnestly recommend to those interested in this means for ‘taking the arrow out’, the article by Sharon Begley, Science and Technology section, Newsweek, May 14, 2001 on the experiences of the American neurologist Dr James Austin who was heading to the Zen Buddhist Retreat in London. “Austin suddenly felt a sense of enlightenment unlike anything he had ever experienced. His sense of individual existence, of separateness from the physical world around him, evaporated like a morning mist in a bright dawn. … His sense of ‘I’, ‘mine’, disappeared “.
Yet, personally I feel compelled to ask myself the ultimate questions, who are we and why are we here? On the one hand philosophers have endlessly argued on why we continue to be re-born as discussed in my essay “A reconsideration of Rene Descartes’ Cogito, ergo sum….”, and on the other hand, is the fruitless consideration of what death means. The topic of Karma enters this discussion. All these questions invoke Albert Einstein’s trenchant comment: “To ponder interminably over the reasons for one’s own existence or the meaning of life, in general seems to me, from the objective point of view, to be sheer folly”.
My final thoughts on all this are that we face overwhelming insoluble problems in life – wanton destruction, crime, drugs, Hitler and his monstrous Nazis, Pol Pot, Prabhakaran and their intolerance, racism and absolutism, Corona Virus, HIV and other diseases of all sorts, environmental degradation, and of course spicing this incendiary mix are the determinants of ‘Belief’ that subsume nearly all of humans’ horrific activities. It is even more tragic that people waste their (and others’) time and energy on trivial and petty squabbles that are of absolutely no consequence to anybody.
A further thought is that this mayhem characterizes human societies and not animal ones; animals do not display these evils which only Humans do; if animals squabble it is for understandable and fundamental reasons of survival, hunger and sex for propagation of their kind, which would seem an irreducible mix even for humans but with the added expression of their talents and creativity. But Man has paid a heavy price for his alleged cerebral superiority over animals. It has spawned telling commentaries such as Charles Duff’s This Human Nature.
And that consideration brings me finally to the title of another book by Chardin, without any acceptance at all of its content – The Future of Man, which, in my opinion, is totally bleak; and, Heavens, to think of the ultimate human arrogance as depicted in my essay in my Rene Descartes book, Lets go colonise the planets, prompted by Stephen Hawking’s, perhaps tongue-in-cheek comment: “….. the long term survival of the human race is at risk so long as it is confined to a single planet…..“. Of course the unstated stark fact is that Man has himself created the threat to his own survival on earth. For the moment I will stick my tongue out at Life while exclaiming, as John Gunther did on the untimely death of his son from a brain tumour, Death be not proud.
(The writer is an emeritus professor of the University of Peradeniya)
Features
Civilizational dialogue proving a remote possibility as realpolitik rages
Looking back over the years since the 9/11 catastrophe, it could be said that barring former Iranian President Mohammad Khatami no world political leader of note has made an earnest effort to change the nature of global political discourse for the better. Khatami won world acclaim for his pronouncement that the time is right to launch and sustain a ‘Dialogue among Civilizations’.
This was in marked contrast to US political scientist Samuel P. Huntingdon’s epochal theses, formulated in the wake of 9/11 and other global political tumults that the Post Cold War era is essentially one of conflicts among civilizations. That is, people’s identity markers, such as culture and religion, are the prime shaping forces of international conflicts.
From a Political Realism standpoint, Huntingdon’s theory may seem to have gained in credibility over the years but it is Khatami’s pronouncement that has evoked an empathetic response in the hearts and minds of publics world wide. So much so, 2001 was proclaimed by the UN General Assembly as the ‘Year of Dialogue among Civilizations’.
It could be said that the latter proclamation was an endeavour to give back to humans their essential identity of peace-makers. It was an eschewing of the position that war and conflict are central to the human condition and amounted to upholding constructive dialogue among peoples and civilizations as a path to peace.
That things have not worked out in the world in keeping with the expectations of peace makers does not in any way invalidate the thesis that peace is the essential propensity of humans.
If peace-making is seemingly ineffective it is primarily because the path to peace is narrow, tortuous and time-consuming. On the other hand, violence usually misleadingly recommends itself to the human as the more expedient, cost-effective way out of a conflictual situation. However, the ultimate cost of the latter approach is prohibitive because it brutalizes the human beyond recognition.
Some of the evidence is before our eyes. The Trump administration, for example, has, minus much forethought, unleashed what may be described as a ‘quick-fix’ war against Iran but is now finding that it is in a veritable military quagmire in West Asia. The priority for the administration now seems to be a face-saving escape strategy. Such are the costs of the war option.
However, there is no denying that much remains to be done by the world community to bring peoples and cultures together with a view to enabling them to work as one for the cause of a less dangerous world.
Meanwhile, the broad divisions in international politics continue and past political polarities are lingering to the detriment of enhanced international understanding. The East and the West and the South and the North, for instance, are continuing to work in separate collectives, more or less, and no notable efforts are being made by the international community to bring these sides together for the purpose of united constructive action that could usher greater international well being.
The recent Shanghai Cooperation Organization Summit, 2026, held in Kyrgyztan was a replication of the above broad trends but there were some statements at the forum by Indian Prime Minister Narendra Modi that deserve special scrutiny and comment.
Modi was quoted saying among other things: ‘The land of Gandhi and the land of Buddha share a single message: the path to peace!..We must move away from endless war towards an end to the war. This is essentially for the well being of humanity. A peaceful resolution to all issues at the earliest is the call of humanity, and this is India’s message.’
The above is the language of international peace and unity. It is such language that will help in building bridges among civilizations and advance the cause of world peace. Besides, it will help bring a measure of understanding between North and South.
In this regard, the Trump administration could take a leaf or more from the Modi government. Unless it makes a ‘U turn’, as it were, in the direction of peace and reconciliation it is very unlikely that the US and the world would experience any stability worth speaking of.
Right now the US is savaging the sovereignty of Venezuela. It is a question of the ‘Empire striking back’ but Venezuela is a far cry from Iran. Iran has outsmarted the US on the battle field and is in a position to influence broad trends in the world economy since it still has control over the Hormuz Straits. That is, Iran could exercise a determining influence over world oil, gas and energy prices. In short, the US consumer’s future peace of mind is very much in the hands of Iran.
Given the above backdrop it should have dawned on the US political leadership that working towards cordial relations with Iran is the most advisable option. The US, simply, has too much to lose otherwise.
Likewise, Russia too needs to take a leaf from India. It is plain to see that its invasion of Ukraine is proving totally ineffective. It has not brought any measure of peace for the Russian people. Russia is right now experiencing a rerun of its military misadventure in Afghanistan. On the other hand, sections of the peoples concerned have been victimized and even brutalized.
Accordingly, there needs to be a coming together of democratic opinion worldwide for a fresh consideration of the options facing humanity. There is a dire need for value-based politics to take the place of Realpolitik. Besides, the language of peace and humanity needs to replace current divisive discourse with its stress on polarities and antagonisms.
International organizations of the stature of the UN need to take the lead in spearheading the above initiatives. Right now the UN gives the impression of being a spent force. This columnist hopes that he would be proved wrong on this score because the UN remains the only hope of the poor and victimized. It will be in the interests of all peoples for the UN to rejuvenate itself and dedicate itself increasingly enthusiastically to the cause of international peace.
Whether it be the South or North, dynamic, visionary political leadership and direction emerges as essential. The need is for voices that would espouse peace and accord across boundaries and divisions. For South Asia, India and Pakistan have the potential to fill this lacuna.
Features
Sri Lanka’s constitutional test: Judicial independence beyond immediate political moment
by Shelton Dharmaratne
Sri Lanka has reached an important constitutional moment.
The proposed 22nd Amendment has moved beyond political debate and into the constitutional process through which its validity will be examined. That development should change the character of the national discussion.
That is understandable in a politically contested environment. But Sri Lanka should now resist reducing a question of constitutional design to a contest over political positions.
The deeper issue concerns the relationship between constitutional reform, judicial independence and public confidence in the institutions of the State.
The Supreme Court will determine the constitutional questions before it. Public commentators should therefore exercise restraint in predicting, interpreting or seeking to influence that determination. But restraint does not require silence. It requires a more rigorous discussion of the institutional principles at stake.
A narrower constitutional question than the political debate suggests
The proposed amendment principally concerns the retirement ages of judges of the Supreme Court and Court of Appeal, together with an increase in the maximum number of judges permitted on the Court of Appeal.
Under the proposal, the retirement age of Supreme Court judges would rise from 65 to 67 and that of Court of Appeal judges from 63 to 65. The maximum number of Court of Appeal judges would also increase from 19 to 24.
Other proposed changes concerning the retirement ages of judges in the lower courts arise under separate legislation. This distinction matters because the public debate has sometimes treated the wider package of judicial reform as though it formed a single constitutional proposal.
Nor should the central issue be reduced to whether retaining experienced judges is inherently good or inherently dangerous. Both propositions are too simplistic.
Sri Lanka faces a substantial burden of pending litigation, and delays in the administration of justice impose significant costs on citizens, businesses and the State. Experienced judges represent an institutional resource. Continuity, accumulated knowledge and familiarity with complex areas of law cannot always be replaced immediately.
Those are legitimate policy considerations.
But the opposing concern is equally important: judicial tenure is not merely an employment condition. It is a structural component of judicial independence.
The real question is institutional
The critical question is not whether an individual judge is capable of acting impartially. It is whether the constitutional structure provides adequate protection against circumstances in which judicial tenure could become connected, directly or indirectly, with political authority.
That is an institutional question, not an accusation against individual judges.
A judge may be entirely conscientious and independent while the institutional arrangements surrounding the judiciary nevertheless create public doubts about independence. Constitutional democracies therefore cannot depend solely on the personal integrity of office-holders. They must construct institutions capable of preserving independence even when governments, individuals and political circumstances change.
This is particularly relevant when constitutional reform concerns the tenure of serving members of the superior judiciary.
The institutional sensitivity of such a proposal should neither be exaggerated into an allegation of improper motive nor dismissed as irrelevant. The appropriate response is transparency, procedural fairness and confidence in constitutional safeguards.
Legitimate objectives do not settle constitutional questions
The government has stated that its objectives include strengthening the administration of justice, addressing delays, retaining judicial experience and increasing institutional capacity.
Those objectives deserve serious consideration. Sri Lanka needs judicial reform. Citizens waiting years for their cases to be concluded experience the justice system very differently from those discussing it in Parliament, courtrooms or universities.
A government is therefore entitled to propose reforms designed to improve judicial efficiency.
But legitimate objectives do not automatically resolve constitutional objections. The relevant question is whether the means chosen are compatible with the constitutional structure and whether sufficient safeguards exist against unintended institutional consequences.
That is precisely why constitutional scrutiny matters.
The concerns of the Bar Association of Sri Lanka (BASL) should likewise be examined without political labelling. Opposition to the proposed changes should not automatically be characterised as opposition to judicial reform or an attempt to obstruct the government. At the same time, invoking judicial independence does not place any argument beyond scrutiny.
The appropriate questions are straightforward:
Does extending judicial tenure strengthen the administration of justice?
What risks, if any, could it create for judicial independence?
Are adequate institutional safeguards in place?
Does the proposal operate prospectively, or does it affect judges already serving?
Could the same objectives be achieved by filling vacancies, increasing judicial capacity, improving court administration and strengthening case management?
These questions can be examined rationally without attributing improper motives to either side.
Judicial vacancies and institutional confidence
Recent concerns raised by the BASL regarding judicial vacancies add another dimension to the debate. The BASL has argued that vacancies in the Supreme Court contributed to the retirement of a senior Court of Appeal judge without promotion to the Supreme Court, despite vacancies having existed. It has also raised concerns regarding forthcoming judicial retirements and the need for timely consideration of appointments.
Such matters should not be treated as evidence of the motives behind the proposed amendment. They do, however, illustrate a broader principle.
Judicial independence is shaped not only by the retirement age written into the Constitution. It is also influenced by how vacancies are filled, how promotions are determined, how seniority and merit are assessed, and whether judicial officers and the public believe that institutional decisions are made according to transparent and defensible criteria.
The government has an opportunity to address these concerns constructively.
Prompt appointments based on publicly defensible principles would strengthen confidence in the judiciary irrespective of the eventual outcome of the constitutional debate.
Seniority, merit and transparent criteria
The controversy also exposes a longstanding question concerning judicial appointments.
Seniority has traditionally carried considerable weight in judicial advancement. Yet seniority alone need not be the sole measure of merit. Conversely, replacing established practices with undefined assessments of “merit” could create another institutional problem.
If governments or appointing authorities can determine which judges are sufficiently meritorious without clear and objective criteria, uncertainty itself may become a source of institutional anxiety.
Sri Lanka would therefore benefit from clearer, objective and defensible standards governing judicial appointments and promotions.
Such standards would protect judges as well as appointing authorities. They would reduce opportunities for favouritism, strengthen institutional confidence and make it harder for political actors to portray every appointment as politically motivated.
Institutional rules are stronger safeguards than assurances of good intentions.
The State is larger than any government
One principle deserves particular emphasis: a government is not the State.
Governments are temporary. The constitutional State is continuing. Political parties change, parliamentary majorities change and political priorities change. The judiciary, however, must continue to function independently of whoever occupies the government benches.
The judiciary is neither a government institution in the political sense nor an Opposition institution. It is an institution of the State whose legitimacy depends upon its independence from both.
For that reason, governments should exercise particular caution when proposing constitutional changes affecting the judiciary, even where the policy objectives are legitimate.
The stronger a government is politically, the greater its responsibility to demonstrate institutional restraint.
That is not political weakness. It is constitutional maturity.
Public confidence is a constitutional asset
The most consequential issue may ultimately be neither retirement age nor judicial capacity, but public confidence.
Courts do not possess political power in the conventional sense. Their authority rests substantially on the acceptance of their decisions as legitimate.
Citizens will sometimes disagree with judicial decisions. But where the judiciary is perceived as independent, even unpopular decisions can command respect. If judicial institutions are perceived as being shaped by political convenience, even legally sound decisions may become vulnerable to suspicion.
Constitutional reform affecting judicial tenure must therefore be evaluated not only by its immediate administrative benefits but also by its effect on institutional credibility.
A reform that produces short-term efficiency while weakening confidence in judicial independence could impose a greater long-term cost. Conversely, reform that improves efficiency while preserving independence can strengthen both justice and public trust.
The challenge is not to choose between judicial efficiency and judicial independence. It is to achieve both.
If a referendum arises …
If the constitutional process ultimately requires approval by the people at a referendum, the debate should rise above the conventional government versus Opposition contest.
The electorate should be given a clear constitutional question and sufficient information to assess it.
Citizens should understand what problem the amendment seeks to address, why the proposed mechanism is considered necessary, what institutional risks have been identified, what safeguards exist and whether alternative measures could achieve the same objectives.
A constitutional referendum deserves a higher standard of public discussion than an ordinary election campaign.
The people would not merely be choosing a political side. They would be deciding the institutional framework within which political power and judicial authority operate.
Beyond who wins
The most important question arising from the proposed Twenty-Second Amendment is therefore not simply whether the government succeeds or whether the Opposition and BASL prevail.
Nor is it ultimately whether judicial retirement ages become 67 and 65 or remain unchanged.
Those are immediate constitutional questions. The deeper issue is what Sri Lanka learns from the controversy.
If the government seeks to modernise and strengthen the justice system, that objective deserves serious consideration. If the BASL and others warn that particular reforms may affect judicial independence, those concerns deserve equally serious examination.
Neither side strengthens the country by assuming that the other is acting in bad faith.
The constitutional system is strongest when legitimate disagreements are resolved through institutions rather than political pressure.
Whatever the eventual constitutional outcome, Sri Lanka will still face the underlying challenges of judicial vacancies, case delays, institutional capacity, judicial appointments and public confidence. Those problems will not disappear with a judicial determination, nor should the national conversation end there.
Sri Lanka should instead seek a broader consensus around a fundamental proposition:
Judicial reform and judicial independence are not competing objectives.
The real challenge is to pursue reform in a manner that strengthens the judiciary without placing its independence under suspicion.
That requires sound legislation, transparent appointments, adequate resources, efficient court administration, responsible political conduct and safeguards capable of surviving changes of government.
The present controversy will eventually pass. Political arguments surrounding it will fade.
But constitutional arrangements can endure for decades.
That is why Sri Lanka must look beyond the immediate political contest.
The ultimate test is not who wins today’s constitutional argument. It is whether, when the political moment has passed, Sri Lanka has a judiciary that is more efficient, more accessible and more trusted—while remaining sufficiently independent to hold every government, including future governments, within the boundaries of the Constitution.
Features
Farewell to a Fashion Icon
Sri Lanka’s fashion world lost one of its brightest stars Monday morning – veteran model, actress, and elite pageant trainer Chulpadmendra “Chula” Kumarapathirana.
Her sudden demise has certainly come as a shock to many.
Chula had just completed a major event on Sunday (30th August), and was no more in the land of the living the following day (31st August).
Born in Colombo, she was an old girl of Buddhist Ladies’ College and later studied at the National Institute of Business Management, and has many awesome achievements to her credit.
In 2006, she won the “Miss Tourism Model of the World Press Award” in Tanzania.
She entered the entertainment industry, as an actress, and gained popularity through the teledrama “Wahinna Muthu Wessak.”
Chulpadmendra has been on TV, and many Sri Lankan hip-hop music videos, including “Hanthane” and “Heena Hirimal”, and has had several other minor acting jobs since then.
She hosted the Derana Miss Sri Lanka for Miss World 2008 and even participated in the reality TV show Sirasa Dancing Star.
For over 25 years Chula was active in local and international fashion and founded the Chulpadmendra Catwalk Studio to train young newcomers
She trained hundreds of models for runway, photoshoots, auditions, and international pageants.
She was known as a fierce mentor who believed in “not just learning to walk, but learning to command the runway”.
Many young models called graduating from her studio their “happiest moment.”

Chulpadmendra “Chula” Kumarapathirana: Many young models called graduating
from her studio their “happiest moment.” (L)/ Won the “Miss Tourism Model of the World Press Award” in Tanzania (R)
Chula was very fond of The Island newspaper and kept in touch with us on a regular basis.
Her last message to The Island was a ‘thank you’ note for the article ‘New benchmark in pageant industry’:
“Thank you, Ivan, for writing such a beautiful article about me. Your unwavering support, encouragement, and belief in me throughout my career mean more than words can express. I am truly grateful for your kindness and generosity.
“My heartfelt thanks also go to The Island newspaper for featuring the article. It is a great honour, and I sincerely appreciate the recognition and support.
“Thank you once again.”
In fact, just a couple weeks ago, she sent a photo of herself for our Glam Scene and that picture I publish today, as part of this story.
May she rest in peace. Our deepest condolences to her family, students, and all who loved her.
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