Features
Ministry of Justice Law Reforms – Protecting Child Rights or Promoting Sexual Abuse of Underage Girls?
In the second week of December 2021, the Minister of Justice had presented a Cabinet paper with strange proposals to amend certain provisions in the Penal Code, Code of the Criminal Procedure Act and the Judicature Act for the purpose of filling the gaps in the Law of Rape and making rape of boys a crime.
In this Cabinet paper the Minister has proposed to bring about two amendments in the law relating to child abuse.
First proposal: (a) to amend the law on statutory rape enabling (i) the Police to institute criminal proceedings in Magistrate’s Courts; (ii) Magistrate to give suspended sentences to the accused in appropriate cases where the accused is under 22 years of age and the victim is over 14 years of age and under 16 years of age and the penetration had been with the consent of the victim; (iii) Magistrate to forward the case record to the Attorney General, where it appears that the victim has not consented, to consider institution of criminal proceedings on Indictment in the High Court;
Second proposal: (b) to amend S. 363 of Penal Code with the aim of facilitating legal protection for men and boys from sexual violence. In the Minister’s view, there is evidence that rape of boys is a common form of sexual violence contributing to an environment in which such violations can take place without effective penalties. Though historically, rape of only women has been recognized in law, sexual violence has been recognized not only as a women-centric issue, but as a major social problem that highlights the need for gender-neutrality in the present context. This is done in neutralizing gender in terms of the law of rape.
To give effect to these proposed amendments, the Minister has proposed: (1) to repeal S. 137 of Criminal Procedure Code on medical examination of victim and accused in case of rape and substitute a section which is gender neutral; (2) to amend S. 142 of Criminal Procedure Code to empower Magistrate to follow summary procedure laid down in Chap. XVII in case the victim is over 14 years and under 16 years and the offender is not more than 22 years of age and the offence has been committed with the consent of the victim; (3) to amend the First Schedule to the Procedure Code and the Second Schedule to the Judicature Act.
By this Cabinet paper the Minister has sought the approval of the Cabinet: – (a) To amend the CPC Act and Judicature Act in accordance with the Proposal; (b) To instruct the Legal Draftsman to draft amending legislation accordingly; and (c) To empower the Minister to provide necessary guidance and issue further instructions where necessary to the Legal Draftsman on matters relating to the proposal.
From these propositions it is clear that the Minister or his legal advisors have no clear understanding of the existing law and the procedure relating to the sexual abuse of women and children.
Far-reaching amendments were brought to the Penal Code and the Criminal Procedure Code in 1995 with a view to enhancing protection to women and children against abuse, especially sexual abuse. The following are the main changes brought about in the law by these amendments:
a. Creating several new offences such as incest, grave sexual abuse, sexual exploitation of children, procuration and using children for obscene publications.
b. Providing for enhanced penalties for sexual offences and minimum mandatory jail sentences.
c. Recognition of all persons under 18 years of age as children for the purpose of the offences dealt with by these amendments.
d. Increasing the age of statutory rape or consent to sex to sixteen years.
e. Granting exclusive jurisdiction over child abuse cases to the High Court
Under S. 363 of the Penal Code, a man commits rape when he has sexual intercourse with a woman under circumstances falling under one of the following descriptions:-
(a) without her consent….
(b) with her consent when her consent …obtained by use of force, or….
(c) with her consent when….obtained…when she was of unsound mind….
(d) with her consent when the man knows…he is not her husband…
(e) with or without her consent when she is under sixteen years of age, unless the woman is his wife who is over twelve years of age and is not judicially separated from the man.
Under S. 363 (e) of the Penal Code a man who has sexual intercourse with a girl under sixteen years of age, with or without her consent, commits the offence of statutory rape, unless the woman is his wife who is over twelve years of age and is not judicially separated from the man.’’
Later in the implementation of the law, the law enforcement officers encountered difficulties at times due to the phrase shown in italics above, which was included in the section, due to the provisions in the Muslim Marriage Law and the insistence of Muslim MPs.
S. 364 (2) deals with the penalty for statutory rape.
‘Whoever- (e) commits rape on a woman under eighteen years of age shall be punished with rigorous imprisonment for term not less than ten years and not exceeding twenty years and with fine and shall in addition be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such person:
Provided however, that where the offence is committed in respect of a person under 16 years of age, the court may, where the offender is a person under 18 years of age and the intercourse has been with the consent of the person, impose a sentence of imprisonment for a term less than ten years.’
As stated above under the existing law:
a. Only a girl above the age of 16 years can consent to have sex.
b. Any person who has sexual intercourse with a girl under 16 years of age, with or without her consent, commits statutory rape.
c. Any person who commits statutory rape is liable to be punished with a minimum mandatory jail sentence of ten years which can be extended up to twenty years; he is also liable to pay a fine and compensation ordered by court to the victim.
d. However, where the offender is a person under 18 years of age and the intercourse has taken place with the consent of the girl, the court has a discretion to impose a sentence of imprisonment for a term less than ten years.
e. It is an indictable offence with only the High Court having jurisdiction to hear these cases.
By the first proposal in the Cabinet paper the Minister proposes to amend the law on statutory rape bringing about the following changes in the existing law:
a. Under the existing law, only a girl above the age of 16 years can consent to have sex; if the girl is under 16 years of age and the sexual intercourse has taken place with the consent of the girl, the Court may take that fact into consideration at the time of sentencing the offender.
*By this amendment, the age of consent will be brought down from 16 years to 14 years.
*Now any girl who has attained the age of 14 years can consent to sex and the Court is bound to take that into consideration;
b. Under the existing law, at the time of sentencing the Court may take into consideration of the fact that the offender is also a child, a person under 18 years of age.
*By this amendment, this concession has been extended to adults also, to youthful offenders belonging to the age group of 18 – 22 years of age.
c. Under the existing law, all child sexual abusers faced the hazard of going through a High Court trial.
*Under this amendment, these offenders do not face the hazard of going through a High Court trial as the High Court has no jurisdiction to try these offences, only the Magistrate’s Court has jurisdiction.
d. Under the existing law, while statutory rape is an offence punishable with a minimum mandatory jail sentence of ten years, where the offence is committed with the consent of the girl and the offender is a person under 18 years, the Court has the discretion to impose a sentence of imprisonment for a term less than ten years. If the offender is a person over 18 years of age, he has to undergo the minimum mandatory jail sentence.
* Under this amendment, any young person belonging to the age group of 18 – 22 years can have sexual intercourse with any girl who has attained the age of 14 years with her consent without undergoing any sentence of imprisonment.
*The maximum sentence of imprisonment that can be imposed by a Magistrate’s Court under its normal criminal jurisdiction is two years and the maximum sentence of imprisonment that can be suspended is also two years. The court has the discretion to impose a suspended sentence for a period less than two years. It may be even 6 months.
* An offender belonging to the age group of 18 – 22 years can plead guilty to the charge on the first day itself if the Police Report indicates that the sexual intercourse has taken place with the consent of the girl, and he may be able to go home with a suspended sentence without spending a day in prison.
This amendment will certainly result in the promotion of sexual abuse of young girls and bring about dangerous social consequences.
It will be an open licence to pleasure -seeking young adults of moneyed families to get friendly with young girls of school-going age and have sexual intercourse with them.
By the second proposal in the Cabinet paper the Minister proposes to amend S. 363 of Penal Code with the aim of facilitating legal protection for men and boys from sexual violence. In the Minister’s view, rape of boys is a common form of sexual violence, against which there are no effective penalties. One does not know what the Minister means by ‘rape of boys’. Is it anal sex? If it is anal sex or any other kind of act of sexual penetration, there are existing and adequate legal provisions with effective penalties. This proposal clearly shows the Minister’s ignorance of the existing provisions of the law.
The offence of “Grave Sexual Abuse” in S. 365B of the Penal Code deals with the offence of what the Minister calls ‘rape of boys’. “Grave Sexual Abuse” is defined in S. 365B (1) thus:
S. 365B (1) – ‘ Grave sexual abuse is committed by any person who, for sexual gratification, does any act, by the use of his genitals or any other part of his body or any instrument on any orifice or part of the body of any other person, being an act which does not amount to rape under S. 363, in circumstances falling under any of the following descriptions, that is to say- under circumstances falling under one of the following descriptions:-
(a) without the consent of that other person
(b) with consent …obtained by use of force, or…
(c) with consent obtained…when other person was of unsound mind or under intoxication.
(d) with or without the consent of the other person when the other person is under 16 years of age.
S. 365B (2) (b) deals with the penalty for grave sexual abuse committed on persons under 18 years of age.
‘Whoever- (b) commits grave sexual abuse on any person under 18 years of age shall be punished with rigorous imprisonment for a term not less than ten years and not exceeding twenty years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such person.’
In S. 364 dealing with penalties for rape, there is a proviso under which the Court can impose a lesser sentence of imprisonment where the offence is committed on a girl under 16 years of age with the consent of the girl for the intercourse by a person under 18 years of age.
There is no similar provision in the penalties for grave sexual abuse. A Court cannot act leniently in dealing with a person under 18 years of age who commits grave sexual abuse on a boy under 16 years of age with that boy’s consent.
It appears that the Minister or his legal advisers are trying to surreptitiously achieve two undisclosed objectives with this proposed amendment. One is lowering the penalties that can be imposed by courts on youthful sexual abusers who sexually abuse boys with their consent as in the case of statutory rape. If it is directly proposed to amend the law enabling courts to deal more leniently with persons who commit acts of grave sexual abuse on boys with their consent, it would have resulted in arousing a hornets’ nest. It is done on the pretext of strengthening the law against sexual abuse of boys. In their view, at present rape of boys is a common form of sexual violence, without effective penalties; by amending S. 363 of Penal Code bringing in men and boys also into the category of victims of rape, legal protection for men and boys can be strengthened against sexual violence.
Instead of strengthening legal protection for men and boys against sexual violence, this amendment will result in opening doors wider for male sexual abuse of male children. Youthful offenders belonging to the age group of 18 – 22 years can have sexual relations with boys under the age of 16 years with their consent obtained through various means without fear of being indicted in the High Court and languishing in jail. They can get away with a suspended sentence from the Magistrate’s Court.
The other objective is to destroy the historical social base of our society through implementing a policy of gender neutrality in all spheres. The main purpose of amending S. 363 of Penal Code is not facilitating legal protection for men and boys from sexual violence, but neutralizing gender in terms of the law of rape. In the Penal Code amendments already brought, S. 25 the Penal Code has been amended by substituting the word ‘spouse’ for the word ‘wife’. There is no need or justification for any of these amendments, other than gradually paving the way for legal reforms allowing same-sex marriages, giving effect to the policies that the previous government failed to bring forward though they much desired, in the guise of making provision for gender neutrality.
Another thing one cannot understand is why the Minister and his legal advisors have not addressed the need to amend the phrase shown below in italics in paragraph (e) of S. 363 of the Penal Code:
S. 363. A man commits rape when he has sexual intercourse with a woman under circumstances falling under one of the following descriptions:
(e) with or without her consent when she is under sixteen years of age, unless the woman is his wife who is over twelve years of age and is not judicially separated from the man.
This provision allows people belonging to one community to commit sexual abuse of children by marrying girls of 12 years of age and having sexual intercourse with them in total violation of their rights as children. This goes against the proclaimed policy of the government of ‘one country, one law’.
Features
Regime change and the vacuum:Strategic lessons of Iraq and Libya
by Col. (R) Nalin Herath
There is a question that the international community must periodically ask itself: What happens to a State after its regime has been ousted?
The question is particularly relevant when examining Iraq and Libya. Saddam Hussein and Muammar Gaddafi were authoritarian rulers. Their governments were associated with political repression, human-rights violations and the suppression of political opposition. None of this should be ignored or excused. But recognising the failures of authoritarian rule does not prevent us from asking another, equally important strategic question:
Did the removal of these regimes adequately prepare for what came next?
The experience of Iraq and Libya suggests that removing a ruler is considerably easier than replacing the political, administrative and security architecture around that ruler.
Danger of confusing regime change with State reconstruction
A state is more than its leader. It consists of institutions, security forces, civil servants, courts, political structures, infrastructure, economic systems and, perhaps most importantly, an accepted monopoly over the legitimate use of force. When an authoritarian system has concentrated enormous power around one individual, removing that individual can expose weaknesses that were previously hidden. The strategic mistake is to assume that once the dictator has gone, a democratic and stable state will naturally emerge. History does not support such an assumption. The aftermath of Iraq demonstrates this particularly clearly. Following the 2003 invasion, the Coalition Provisional Authority issued Order No. 2, formally dissolving the Iraqi Ministry of Defence and the Iraqi Army, among other security institutions. A US congressional report later documented the enormous consequences of this decision, including the disappearance of hundreds of thousands of military personnel from the institutional framework of the state. Whatever the intentions behind the decision, the strategic consequence was that an established security structure had to be rebuilt while the country was simultaneously experiencing political upheaval and growing violence. That is a dangerous combination.
Iraq: Removing the structure before building the replacement
Saddam Hussein’s government was unquestionably authoritarian. It also reflected a complicated sectarian and political structure in which members of the Sunni minority occupied disproportionate positions of power despite being a demographic minority. But the question for strategic planners should not simply be whether Saddam deserved to remain in power. The question should have been:
What institutional structure would replace the system once he was removed?
An army can be politically controlled without being politically representative. A bureaucracy can serve an authoritarian government while still providing essential state functions. A security institution can be reformed without necessarily being destroyed. The distinction between reforming institutions and eliminating institutions is therefore critical. The post-2003 experience demonstrated the consequences of institutional disruption. Security vacuums contributed to insurgency and instability, while the process of rebuilding Iraq’s security forces took place amid an increasingly deteriorating security environment. The lesson is not that authoritarian institutions should never be reformed. The lesson is that state capacity should not be casually destroyed without a credible replacement.
Libya: prosperity, authoritarianism and institutional fragility
Libya presents an even more complicated case. Gaddafi’s government was authoritarian and deeply personalised. Political freedom was severely restricted, and the security apparatus was deliberately structured around regime survival. Yet Libya, under Gaddafi, also used substantial oil revenues to fund education, healthcare, infrastructure and social services. World Bank data from around the end of the Gaddafi era show life expectancy reaching approximately 75 years by 2011, skilled attendance at birth at 100 percent and measles immunisation at 98 percent. This does not prove that Gaddafi’s system was politically legitimate. It demonstrates something different: economic and social outcomes can coexist with authoritarian political structures.
The Great Man-Made River illustrates the scale of Libya’s investment ambitions. The World Bank described the project as one of the world’s largest engineering schemes, involving thousands of kilometres of planned pipelines to transport water from deep desert aquifers toward the populated coastal belt. The original project was estimated at approximately US$ 25 billion over several phases. Again, this should not become nostalgia for dictatorship. It should become a lesson in state capacity.
What happened after Gaddafi?
The post-2011 experience is perhaps the clearest illustration of the vacuum problem. Libya did not simply move from dictatorship to a consolidated democratic state. Instead, competing armed groups, political factions and institutions emerged. A UN economic and social affairs analysis concluded that the fall of the Gaddafi regime exposed weak state institutions and that the post-Gaddafi period was characterised by the proliferation of armed militias and institutional fragmentation.
The World Bank has similarly described how the security vacuum allowed armed groups to expand, while attempts to integrate them into the formal security apparatus produced a hybrid system in which state institutions and powerful armed groups operated alongside one another. This is the heart of the lesson. The consequences of regime change were also evident in Libya. The 2012 Benghazi attack, later portrayed in 13 Hours: The Secret Soldiers of Benghazi, illustrated the security vacuum that emerged after Gaddafi’s fall. The collapse of central authority allowed militias and competing armed groups to fill the space left by weakened state institutions. The lesson is clear: removing a regime may achieve military victory, but without a credible plan to rebuild the state, victory can quickly become a security vacuum.
When the state withdraws, something else occupies the space. If the replacement is not a legitimate national institution, the vacuum can be filled by militias, tribes, ideological movements, criminal networks or competing political authorities. The vacuum does not remain empty.
Terrorism question
There is another uncomfortable issue. Authoritarian regimes frequently suppress political and armed movements through coercive security systems. When those systems disappear abruptly, previously contained organisations can find new operating space. This does not mean that dictatorship is an appropriate method of counterterrorism. It means that counterterrorism cannot be separated from State capacity. The international community therefore needs to distinguish between defeating a particular terrorist organisation and maintaining the institutional conditions that prevent multiple armed actors from competing for power. The destruction of one regime does not automatically eliminate the forces that created insecurity. Sometimes it creates an environment in which those forces multiply.
Strategic mistake: winning the war but losing the peace
Military intervention can have a clearly defined operational objective. State reconstruction does not. A military campaign may successfully remove a government in weeks or months. Building legitimate institutions can take decades.This creates a fundamental strategic asymmetry. The shorter the planning horizon for intervention, the greater the danger of a long-term vacuum. The international community therefore needs to think beyond the first question: How do we remove the regime?
It must ask: Who governs the country the next morning? Who controls the borders? Who controls the security forces? Who pays government employees? Who maintains electricity, water and hospitals? Who protects critical infrastructure? Who administers justice? Who prevents armed groups from becoming alternative governments? Who provides political legitimacy? And perhaps most importantly: Who possesses the authority to enforce the decisions of the new state? If there are no convincing answers, regime change is only the beginning of the problem.
The lesson should not be that the United States or its allies should never intervene. Nor should it be that Saddam Hussein or Muammar Gaddafi should be rehabilitated as models of governance. The lesson is more practical. Regime change must never be confused with state-building.
Before dismantling an established political order, external powers need a credible understanding of the institutions that will replace it. Security-sector reform should normally distinguish between individuals who must be removed and institutions that must be preserved. A national army may need reform. A ministry may need restructuring. A security service may need accountability and civilian oversight. But destroying institutional capacity without having an operational replacement can create consequences far beyond the original objective.
Wider geopolitical lesson
The consequences of Iraq and Libya did not remain within their borders. State fragmentation affects neighbouring countries, migration, organised crime, arms trafficking, terrorism, energy markets and regional power competition. In today’s interconnected world, a failed transition in one country can become a security problem for an entire region. That is why intervention planning should include not only military objectives but also political, economic, humanitarian and security-sector objectives. The most important planning document may therefore not be the operational plan for removing the regime. It may be the plan for Day One after the regime has disappeared.
History should not be written as a simple choice between dictatorship and democracy. The real strategic challenge is more complicated. Saddam Hussein and Muammar Gaddafi were dictators. Their governments committed serious abuses, and their populations had legitimate grievances. But the failures of authoritarian rule do not automatically justify the destruction of state institutions without a credible plan for rebuilding them. The experience of Iraq and Libya demonstrates a fundamental principle of international security: A political vacuum is not neutral space. Someone will fill it. If legitimate national institutions cannot fill that space, armed groups, sectarian interests, extremist organisations or foreign-backed factions may do so. The ultimate lesson for the United States, its allies and the wider international community is therefore straightforward:
Removing a regime may win the immediate battle. Building a legitimate, functioning and secure state determines whether the intervention succeeds in the long term. The world should learn to ask not only “How do we remove the dictator?”. It must also ask:
“What happens to the country when he is gone?”
That may be the most important strategic question of all.
(The writer is the Secretary General of the Ceylon Chamber of Shipping, former Director General of the Institute of National Security Studies (INSS), and former Spokesman of the Ministry of Defence. He is also a Non-Resident Fellow at the London Dialogue. His areas of expertise include international relations, geopolitics, maritime affairs, national security, economic policy, and strategic governance. He is a consultant at JITT Group and a member of World Pace Board.).
Features
‘Death at the Sign of the Rook’
Tales of Mystery and Suspense – 23
By Prof. Rajiva Wijesinha
As I have noted with regard to the adventures of John Rebus, I am indebted to Dinali Fernando and her husband Steve for whole hosts of thrillers. The latter strongly recommended Kate Atkinson when I borrowed four books. I wondered about this, for I had not been too impressed with her debut novel, Behind the Scenes at the Museum, which was amongst the entries I had to judge for the Eurasian section of the Commonwealth Writing Prize. Two decades later, I had forgotten what it had been about.
But I am glad Steve persuaded me to read her. Kate Atkinson is distinctively British, and Death at the Sign of the Rook is set in a country house and the surrounding village, and seems a modern descendant of the laidback Agatha Christies I so much enjoy.
There are, however, many differences in that we have a policeman who can go rogue, like Rebus, with again a female sidekick who has a mind of her own, again like Rebus. But Jackson Brodie has retired and set up as a private investigator, while Reggie, a young lady, is still in the police.
There is a lesbian couple living in the converted dairy of the manor house, as has occurred in Agatha Christie too, in A Murder is Announced. But they are peripheral to the story, unlike Ben, the brother of one of them who left the army after losing a leg in Afghanistan. When he turns up at the Manor House to shelter from a snowstorm, along with its chatelaine, Lady Milton, he is asked to answer the door as various characters turn up, including Jackson and Reggie, who then starts fantasising about him.
The others who turn up are two couples, one from America, who have paid for a murder weekend at the hotel. The family is impoverished, and has sold lots of pictures to survive, but most recently a Turner had been stolen, almost certainly by Lady Milton’s housekeeper Sophie, who vanished one night along with the picture. Reggie had been involved in that investigation, but there had been no trace of either picture or young lady.
Jackson Brodie suspects a connection between that theft and the one he has been called in to investigate, which has not been reported to the police. The picture hung opposite the bed of an old woman whose carer vanished after she died, along with it. Her children, adopted twins, have asked Jackson to investigate and also try to trace the carer, though he suspects something strange in that they did not go to the police.
Brodie, in studying the stolen art, is also struck by the disappearance of a Rembrandt from a house in Scotland, along with a member of the cleaning staff. He thinks the three women might be the same one.
But Brodie’s assumption that the three women who vanished when valuable pictures did were identical would not have helped except that Beatrice, as she was also called, kept turning up, including to the funeral home where the old lady’s body was kept. And then that picture turned up, in the village church, and was found by the local vicar, Simon Cate, whose life story is also a prominent feature of the novel. He was an aspiring actor but then smitten by faith, and became a priest, but in time he lost his faith. His wife left him after the death of their son, and he is now in this backwater, where he feels he is of no use to anyone. But he has a great feel for living beings, and his most successful service has been one in which he blessed pets. And he was deeply concerned about the bees that Ben looks after for his sister and her wife.
He too staggers into the manor house in the midst of the storm, in which everyone concerned loses their way comprehensively. But amongst those Ben lets in is a man in a tracksuit with cuts and bruises, who then vanishes after he has been led to a bedroom, when Ben went in search of brandy. We soon work out that it is the escaped murderer about whom Reggie has been alerted.
Simon also turns up, through the back door, carrying the picture and also a gun, for he has found the dead body of one of his parishioners when he went to her house in search of his mobile phone. She had been shot and he had picked up the gun he found there. But he could not tell the police, for though he called he had lost his voice, and for the last few days had communicated only through writing.
This chaotic mix of characters at the manor house is further complicated by the group of players putting on the murder mystery play though some members have either cried off or died before reaching the venue. So, there is much doubling up and confusion over who is an actor and who is not.
The grand now largely empty rooms of the manor house, and its various odd passages and multiple doors, make it a splendid set for the lunacy that runs on and on. Reggie finds herself in a pantry Atkinsonwith a dead body, though this turns out to be the nanny who fell down the stairs and was put there by Lady Milton’s younger son. And there is high drama on the roof when the murderer nearly kills Ben, but he is saved by Reggie, and when he tries to kill Brody with an axe, he is shot by Beatrice, who has been the maid who served at the dinner before the murder mystery play, and explains to Brody how she has managed all her thefts.
And then in the melee, she vanishes on a motorbike, along with the daughter of the old lady’s adopted daughter, the only person who seemed to grieve at the funeral, and to whom the old lady had left her house in a codicil to
her will, which her children have not known about. She leaves the picture to the carer, but it is brought to Simon Cate as he lies in hospital, recovering from a heart attack which adds confusion to the play.
Wonderfully convoluted, but all very clear, despite the headlong pace of the book and its shifts from one scene to another, from one character to another (or rather combinations of them) and from one-time span to another. A writer and a detective well worth looking out for. e more books by her on Dinali’s shelves.
Features
Safety, security and teamwork in aviation
by Capt. (Ret.).G.A. Fernando, MBA
There are three essential components to a commercial airline operation: safety, security and teamwork.
Aviation and teamwork at the ‘sharp’ end of a commercial aircraft, i.e. the flight deck, is unique. Unlike many other teams, it may be quite literally the first and the last time a particular combination of small teams of two, three, or four individual airmen (or women) will fly together. Sometimes even in the same airline that employs them.
Therefore, to make conditions safe and practical, while understanding and trusting tech other, they have to rely on a series of Standard Operating Procedures (SOPs), and ‘Normal’ and ‘Emergency’ checklists for every conceivable situation. That is, to be able to do the right things, and do things right. In fact, there is a saying in aviation to the effect that ‘if you make a mistake in aviation, be original and make a new one’.
To ensure that safety standards are constantly maintained, airline pilots’ proficiency is tested every six months, in simulators, under the supervision of examiners from the civil aviation regulator. In Sri Lanka that organisaton is the Civil Aviation Authority-Sri Lanka (CAASL). Three simulator checks are conducted every 12 months in keeping with the tenet that ‘practice makes perfect’. A pithy adage not confined to the world of aviation warns that ‘prior preparation prevents piss-poor performance’.
The simulator exercises include rejected takeoffs, including in cross-wind situations, landings, engine fires and/or engine failures from a variety of causes, cabin pressurisation failure, precision and non-precision approaches, and landings in bad visibility – amongst other conditions that could be expected in actual flight.
In addition, a flight in a real airplane, on a regular passenger service under the supervision of an examiner from the airline, is undertaken to ensure that the company’s standard practices and procedures are carried out and maintained as prescribed in the airline’s manuals. These publications are in turn approved by the national regulator.
Finally, flight crew members must take a written test annually, on emergency equipment locations and procedures, with 90% as the pass mark.
Since the mid-1980s it has been mandatory for airline pilots to undertake a Crew Resource Management (CRM) programme once every two years. This training essentially emphasises what to do and what not to do to, in a specific emergency situation, or even during normal operations, to make the team cohesive and effective. During the course, the CRM facilitators discuss recent incidents and accidents that have occurred. Results of those events are recorded and could be retrieved, when necessary, by the official aviation bodies.
Not unexpectedly, it is demanding on a pilot to fulfill these requirements on a regular basis throughout his/her career, along with presenting for a bi-annual medical examination, all with the objective of retaining one’s licence to operate an aircraft. It may not be understood, therefore, by persons outside the aviation industry, or even some working in other aspects of an airline organisation, that it is often the passion for flight that keeps many pilots doing what they do to earn a living.
Security
Another important factor is the challenge of maintaining security in all aspects of airline operations, not least in the cockpit. The challenges are many, with new ones surfacing almost every day. It is therefore essential to be always prepared for the activities and ‘methods’ of perpetrators seeking to wreak evil on an aircraft and its occupants. As it is impossible for any airline or national security organisation to cover all aspects, systematic management of risks to effect a safe outcome becomes imperative.
Flydubai Incident
In the recent Flydubai incident of 30 September, 2026, a first officer (co-pilot) attacked the captain of the flight with a crash axe to accomplish his sinister motives, into which investigations are continuing. For the time being, it prompts the questions: should the crash axe be easily accessible to the flight crew? Or even be there at all? I believe it is a case of assessing the greater risk.
With regard to that event, and the circumstances that led to it, other deterrents could have been applied more thoroughly. For example, more thorough screening of pilots’ and other crewpersons’ backgrounds, with emphasis on their mental health, ideological affiliations and previous employment history. Separately, during a time of conflict in the Middle East, should Flydubai have even been operating between Dubai and Tel Aviv? Notwithstanding that cost-cutting and profit maximisation are key aims of any business, an airline’s apparent failure to conduct adequate psychological profiling of flight crew members, while continuing to operate ‘profitable’ routes, regardless of potential danger, can only be regarded and condemned as greed and disregard for human lives.
( Captain. Fernando, RCyAF, SLAF, Air Ceylon, Air Lanka, Singapore Airlines (SIA), SriLankan Airlines, Former Chief Pilot, Air Lanka Boeing 737, Former Deputy Chief Pilot, Lockheed L 1011, Former Crew Resource Management (CRM) Facilitator, SIA, Former Deputy Director (Air Operations) CAASL, Former President, Aircraft Owners and Operators Association Sri Lanka (AOAOASL), President, The Colombo Flying Club, Representative for Aviation, Organisation of Professional Associations (OPA), Hony, and Member Sri Lanka Society of Transport and Logistics.)
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