Opinion
People’s wishes
People try to wish away the following: the pandemic, especially the impact aggravated by unwise actions of those in charge; ever increasing cost of living, driven by product shortages and excessive money printing; gas explosions, due to unauthorised changes in gas composition and mismanagement; having to stay in long queues to collect gas, milk powder, rice, sugar, kerosene; lack of fertiliser and agrochemicals, by pursuing organic agriculture goals, leading to crop failures and possible food shortages; Inability to attend schools and universities, and the lack of e-learning tools and internet facilities; unauthorised and illegal land grabbing, deforestation, sand/gem mining and human-elephant conflict; unannounced power cuts, due to lack of petroleum and malfunctioning power plants; failing to uphold the rule of law and justice systems, suppressing democratic rights, and inconsistent policy and administration, with several gazettes and frequent revocations; extremely high levels of perceived corruption, wastage, money laundering, nepotism and cronyism; sale of national assets and grant of long term concessions, without best practice valuations; misallocation of scarce natural resources, lack of fiscal discipline, pursuing egoistic/high commissions linked projects, ignoring the priority needs of the poor and vulnerable segments; mismanagement of the external sector, unprofessional external debt management sans debt restructure, channelling short term high cost borrowed funds to pay long term external debt, overvalued rupee, export sector being distressed by disincentives:
Unwise and ineffective foreign relations, failure to optimise networking options with international agencies, especially the IMF and the UNHRC politicisation and ineffectiveness of key independent public institutions, law and good governance, accountability, empowered ministries and departments.
All these appear to originate due to unprofessional, arrogant, egoistic, childish and rent-seeking governance by the regime in control of the executive; and will deter value adding FDI flows, low growth, high twin deficits, rating downgrades, and possibly excessive stress on the citizens of a country heading towards a failed state.
With the voice of advocacy of the caring professionals and civil society mostly dulled, the business chambers placing all blame on the pandemic, and saying the governance action could not have been any better; the executive and leadership in governance promising to fulfil all remaining actions leading to ‘splendour and prosperity’ over the next three years; the legislative opposition overshadowed by the two-third majority of the party in power; activists and social media harassed, and the traditional media divided, with the few who correctly report and bring to surface bad governance, breakdown in law and order, corruption and engaging in investigative journalism pressurised; all eyes, ears and attention with hope is to the Judiciary, as the only saviours of democracy, rule of law and good governance.
The Fundamental Rights chapter of the Constitution excludes socio-economic rights, and Sri Lanka is not a state party to the International Covenant on Economic, Social and Cultural Rights. In the above context “Suo Moto” epistles are an essential need in the current governance environment?
“A Suo Moto cognizance is a Latin term which means ‘an action taken by a government agency, court or other central authority on their own apprehension’. A court takes a Suo Moto cognizance of a legal matter, when it receives information about the violation of rights or breach of duty through media or a third party’s notification.
In India, the Constitution lays down the provisions for filing Public Interest Litigation in the Supreme Court and High Courts, respectively. This has given rise to the court’s power to initiate legal action on their cognisance of a matter. Suo Moto’s actions by Indian courts are a reflection of activism by the judiciary, and captivated the general public with the speedy delivery of justice by the courts. Suo Moto cases in India are generally taken up by the Supreme Court. The Indian Judiciary has been undoubtedly holding the baton for democracy for the past few years. In numerous instances, different High Courts and the Supreme Court have risen to the occasion, by taking cognisance of a legal issue on their own, and providing swift justice. Various courts in India have initiated legal proceedings on their own, based on media reports, telegrams and letters received by aggrieved people, taking a Suo Moto cognisance of the issue.”
1. The Supreme Court of India has during 1990-2021 taken up 46 cases ‘suo moto’ without any petition being filed, or interest being brought before them.
2. The best recent example of the judiciary entering in to protect and promote the interests of the citizens also comes from India; where “The Supreme Court of India slammed the Centre and state governments for their inability to present a crystal-clear way forward to combat the menace of air pollution in the national capital. A bench headed by Chief Justice N.V. Ramana, and comprising Justices D.Y. Chandrachud and Surya Kant, after hearing submissions of counsel of the Delhi government and Central government, said it needs clear answers on steps to curb air pollution in the capital, which has become a yearly phenomenon for the past several years.
Justice Kant told Delhi government counsel that nobody understands the plight of farmers and under what circumstances they are forced to burn stubble. “People sitting in 5-star and 7-star facilities in Delhi keep accusing the farmers (contribute four percent and 30 or 40 percent to pollution). If you have a scientific alternative (a resolution) … let us look at it, rather than blaming farmers…”, said Justice Kant. The Chief Justice pointed out that according to an IIT Kanpur study, stubble burning and firecrackers are not main contributors for pollution. The bench pulled up the government and bureaucracy for not doing enough to curb air pollution. The bench said the bureaucracy has gone into inertia and they don’t want to do anything. “Bureaucracy developed paralysis…all these things we have to say — how to use sprinklers, how to stop vehicles…they do not want to take any decision”, said the bench, slamming the attitude of bureaucracy. The bench emphasised that somebody has to take responsibility and everything cannot be done through judicial order. It pointed out that firecrackers were burnt in Delhi despite a ban.
Citizens and civil society believe that the Bar Association of Sri Lanka (BASL), currently under a forward looking, courageous leadership, demonstrating by its advocacy that it cares for common citizens and is ready to step in to protect citizens impacted by bad governance, must now seek strategic ways and means of promoting “Epistolary Jurisdiction”; which involves “Invoking writ jurisdiction by a court itself on the basis of any letter or information or any news published in newspapers “which ? can ensure enjoyment of some the very basic fundamental rights by the poor and lay man such as: right to protection of law, enforcement of fundamental rights and equality before law. On this point, this jurisdiction is pro-bono publico in nature. On the other hand, some critics think that it may invite judicial activism in the administration of justice, which should not be in a strict sense. Some think that judicial activism should not lead the judges to transgress the limits of judicial functions nor attract them to intervene into executive policy decisions unless any act of the executive is violative of any provision of law or the Constitution”.
BASL must actively pursue options for getting the judiciary to follow some good practices adopted in yesteryears, by judges such as Justices Mark Fernando and Ranjit Amerasinghe, in showing the way with ‘suo moto judgements” and engaging in judicial activism.
CHANDRA JAYARATNE
Opinion
Panadura debate: special exhibition most welcome
The special exhibition displaying original manuscripts relating to the Panadura Debate at Rankoth Vihara is welcome and, as Nishantha Peiris mentions (News, 30 Aug), the debate gained international interest following the publication of a book containing the speeches made in the debate. The credit for this must be given to John Capper, the then editor of the Ceylon Times. He published an account of each day’s proceedings in his paper and the full text of the speeches in a book entitled ‘Full Account of the Buddhist Controversy Held at Pantura in August 1873.
The preface of the book stated: ‘In the belief that an authentic account of the Controversy which took place at Pantura in August last, between a Buddhist Priest and two Ministers of the Protestant religion, will be read with interest by a large number of persons here and in Europe. I have produced the proceedings in the present form. The report has been revised by the respective disputants, so that it may be taken as a correct account of what passed’.
Capper’s book was picked up by J M Peebles who was in India, who then published an extended version in the United States. If an original copy of Capper’s book is available in Sri Lanka, it should be exhibited in the Rankoth exhibition.
Yours faithfully,
Dr R P Fernando,
19 Danetree Close,
Epsom UK
Opinion
In Memory of Dr Upatissa Pethiyagoda
It is with a deep sense of sadness that I record the passing of Dr Upatissa Pethiyagoda, who died on 27 August 2026 at the age of 94. To many, he was a distinguished scientist, accomplished administrator, diplomat and public intellectual. To me, he was much more than that.
Dr Pethiyagoda was a proud product of Trinity College, Kandy. At a time when a first class in Botany was a rarity, he obtained one and subsequently pursued postgraduate studies in London. His scientific career reflected not only his knowledge but, more importantly, an enquiring and restless mind that was never satisfied with simply accepting what was known.
In the 1970s, he headed the Plant Physiology Department of the Tea Research Institute of Sri Lanka. He was part of a formidable team of scientists that included Drs R L de Silva, R L Wickramasinghe, P Sivapalan, Tilak Wettasinghe and W Danthanarayana. They were scientists who contributed enormously to the development of the tea industry in Sri Lanka, and Dr Pethiyagoda stood comfortably among them.
In 1978, he moved to the Coconut Research Institute as its Director. It was there that I had the privilege of working with him. Those years left a lasting impression on me.
Dr Pethiyagoda was, in every sense, a complete scientist. Although his formal specialisation was plant physiology, he was remarkably comfortable discussing almost anything scientific. What distinguished him was his curiosity. He questioned the science behind the ordinary things that most of us simply accepted. I remember his asking questions such as, why is an orange green in Sri Lanka? It was typical of him: an apparently simple observation would lead him to ask what lay behind it.
That curiosity never left him.
After his tenure at the CRI, he undertook an FAO assignment in the Middle East, working on the improvement of date palms. There he was exposed to agriculture under conditions of severe water scarcity. He pursued this further during a visit to Israel, learning about agronomic practices suited to such environments. Later, when he worked with the Mahaweli Authority, he was able to translate that knowledge into practice, introducing high-value horticultural crops to Systems B and C.
What impressed me was not merely that he acquired knowledge, but that he connected knowledge from one context to another and turned it into practical solutions. His enquiring mind and analytical ability enabled him to do this with remarkable effectiveness.
He was equally impressive as a communicator. Dr Pethiyagoda was an eloquent speaker, whether he was talking about science, agriculture, public policy or the everyday affairs of our country. His speeches were often laced with wit, humour and the occasional tongue-in-cheek remark. But beneath the humour was a very serious mind. He was forthright in his opinions and, importantly, he was not afraid to express them, whatever the possible repercussions.
His contributions to the media demonstrated this courage.
Writing about the travel to London by a former President, he observed:
“Where a person enjoys immunity by virtue of his position, this carries a reciprocal obligation to exercise an abundance of exemplary behaviour. In effect, immunity is best exercised, when the need to invoke it, is never allowed to arise.”
[Immunity Does Not Confer Impunity – Colombo Telegraph]
That was quintessential Pethiyagoda—precise, pointed and impossible to misunderstand.
He was equally outspoken about the government’s decision to ban inorganic fertiliser with ‘immediate effect’. He was deeply distressed by what he believed would be the consequences for farmers, particularly the poorer farming community. He would speak about it almost every day, driven not by political considerations but by his conviction that science and evidence had been disregarded.
In one of his writings on the subject, he remarked:
“What the ‘Vipathmaga’ caper taught us was that advice of sundry ‘Experts’ can be disastrous. Professors of Surgery, clergymen and Pediatricians are not the best equipped to advise on fertilisers, as much as a Soil Scientist should not prescribe treatment for a sick child.’ [Some Lessons That Can Be Learned Even From Disasters – Colombo Telegraph]
And in another article, his frustration was summed up in the memorable words:
“Stupidity, like History, has a way of repeating itself.”
[Unscrambling eggs – Colombo Telegraph]
These were not simply provocative statements. They reflected a scientist who believed deeply that public decisions, particularly those affecting agriculture and the livelihoods of farmers, should be based on evidence and sound scientific advice.
Perhaps, what I will remember most about Dr Pethiyagoda is that his curiosity survived almost to the very end of his life.
Very recently, he was still asking questions and pursuing ideas. He was interested in the possible genetic differences between the waraka and wela varieties of jak, because he wondered whether the wela variety might have commercial potential for cellulose extraction. He was disappointed that he could not find relevant scientific literature in Sri Lanka. More than the particular subject, what struck me was that at 94 he was still thinking about a scientific question, looking for evidence and wondering whether an apparently ordinary resource could have an important national application. He lamented the lack of interest among scientists and academics in such questions of national importance. That concern, too, was very much part of who he was.
Dr Pethiyagoda also served as President of the National Academy of Sciences, Sri Lanka. Unfortunately, he was unable to complete his term because he was appointed Ambassador to Italy, with representation at the Food and Agriculture Organization in Rome. Even in that role, he remained very much the scientist. I understand that he made a significant contribution to FAO discussions. As Ambassador, he also had the unenviable task of entertaining Sri Lankan Ministers of Agriculture who attended FAO sessions. I know from my own conversations with him that those informal dinners were not merely social occasions. He would discuss agricultural issues with the Ministers, and I have little doubt that his views—and the force with which he expressed them—sometimes influenced their thinking.
Looking back, what I admired most about Dr Pethiyagoda was not any particular position he held or any particular achievement. It was the way he thought.
He questioned.
He analysed.
He connected ideas.
He challenged conventional wisdom.
And he was willing to say what he believed to be true.
He also demonstrated that science should not remain confined to laboratories, research papers or academic institutions. For him, science was a way of looking at the world and, ultimately, a means of improving the lives of people.
It is perhaps ironic that, only a few months ago, he wrote about “The Cost of Dying”, as distinct from the “Cost of Living”. In that article, he reflected on the manner in which our mortal remains should be disposed of, observing: “I am in two minds regarding the manner in which the mortal remains are disposed of, ‘according to the will of the deceased’. But with the cessation of the breath, ownership or tenancy ceases.” Even in contemplating death, he brought his characteristic questioning mind to the subject. What particularly caught my attention, however, was his explanation of the Buddhist practice of holding dânes (almsgivings) for monks of the local temple in the seventh day and third month following a death. I had never really thought about the significance of this practice before. That, too, was typical of Dr Pethiyagoda: he could take something that we had accepted as ordinary and familiar and make us stop, think and see it differently.
His passing has created a colossal vacuum in Sri Lanka’s scientific community. People of his intellectual breadth, curiosity, courage and independence are rare. We may not always have agreed with everything he said, but we could never doubt that he had thought deeply about it and that he had the courage of his convictions.
For those of us who had the privilege of knowing him, there is sadness in his passing. But there is also gratitude—for having known such an extraordinary mind, for having learnt from him, and for having witnessed at close quarters his unwavering commitment to science and to the development of our country.
I shall remember Dr Pethiyagoda with great affection and immense respect.
Ranjith Mahindapala
Past President, National Academy of Sciences of Sri Lanka.
Opinion
A neighbour’s view of India’s strategic strengths
What India chooses to do with the strategic freedom it has built over eight decades may be the defining question of its next phase
by Milinda Moragoda
In the emerging global economy, countries will increasingly seek multiple sources of energy, technology, capital, minerals and markets. India can contribute by helping create an open network rather than another exclusive bloc.
As India marks eight decades of Independence, its strategic position has changed almost beyond recognition. Yet the central question of strategic autonomy remains. What India chooses to do with the strategic freedom it has built over eight decades may be the defining question of its next phase.
India has spent the past decade expanding its strategic choices — deepening ties with the US, Europe and Japan while maintaining important ties with Russia and strengthening engagement with the Gulf, Africa and Southeast Asia. Australia and New Zealand are also becoming increasingly important partners in the wider Indo-Pacific. At the same time, India has sought a larger voice for the developing world in international institutions. Strategic autonomy has traditionally been understood in diplomatic terms: the ability to maintain freedom of action without being drawn into competing power blocs. In an increasingly interconnected world, however, that freedom will depend just as much on economic choices.
The objective should be strategic interdependence — building sufficiently diverse relationships that dependence on any one country or economic system does not become a vulnerability. India is unusually well placed to pursue this. Its geography connects the Gulf and wider West Asia, the manufacturing economies of Asia, Africa across the Indian Ocean and the Eurasian space extending through Russia. The opportunity, therefore, is to become a connector between economies increasingly fragmented by geopolitical competition.
India’s relationship with Japan is extending into advanced manufacturing, technology, energy, semiconductors and critical minerals. Its engagement with the US is deepening across technology, investment, advanced manufacturing, energy and strategic cooperation, while its engagement with Europe is becoming increasingly economic and technological. Its relationships with the Gulf are expanding beyond energy into investment and connectivity. Australia and New Zealand add an important southern dimension to its wider Indo-Pacific engagement, while Southeast Asia provides pathways into wider Asian production networks.
Russia remains an important part of this equation. India’s continuing engagement with Moscow, alongside its deepening relationships with Washington, Tokyo, Europe and the Gulf, demonstrates that strategic autonomy gives India the flexibility to maintain important relationships across geopolitical divides.
China inevitably occupies a special place in this landscape. India’s answer cannot be either excessive dependence or complete separation. It will require strengthening domestic capabilities, diversifying supply chains and building partnerships elsewhere, while retaining space for engagement where interests permit.
India possesses another asset that few countries can match: a large, globally active and influential diaspora. Yet the diaspora can also present challenges, as political currents within these communities do not always align with India’s interests and can occasionally create sensitivities in its relations with host countries. The greater opportunity lies in nurturing the economic, intellectual and cultural connections the diaspora can create, while respecting its diversity and independence. In the emerging global economy, countries will increasingly seek multiple sources of energy, technology, capital, minerals and markets. India can contribute by helping create an open network rather than another exclusive bloc.
Ports, shipping routes, energy corridors, digital infrastructure, supply chains and trade agreements increasingly shape strategic influence. India’s challenge is to bring these strands together without turning them into a closed sphere of influence.
India’s economic rise will be more sustainable if other countries see themselves as participants in its growth rather than simply as markets for it. The value for India lies in making these relationships complementary rather than choosing among them. India’s leadership of the Global South can now move beyond representation in international forums towards creating an international economic environment in which developing countries have greater choices. India’s own experience is relevant here. It has moved from a relatively closed economic model towards deeper global integration while retaining a strong emphasis on domestic capability. The lesson is that openness and strategic autonomy need not be contradictory.
As the G20 meets again in Miami in December, India can continue to argue that the Global South should not merely seek greater representation within existing institutions, but a greater stake in shaping the economic networks and institutions of the future. An economically integrated Indian Ocean could allow countries such as Sri Lanka, Bangladesh and the Maldives to participate more deeply in regional supply chains, logistics, energy, tourism, technology and services. Influence based on shared prosperity is more durable influence based on dependence. India’s strategic opportunity, therefore, lies in becoming one of the principal connectors of a changing world.
(Milinda Moragoda is founder of the Pathfinder Foundation, strategic affairs think tank, and can be contacted via email @milinda.org.)
Courtesy Hindustan Times
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