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Constitutional Reforms to ABOLISH the executive presidency NOW the urgent need

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Neelan – GL 2020 draft the best we might have had

BY Prof. Savitri Goonesekere

(Continued from last week)

 When Chandrika Kumaranatunga took office she pledged to introduce a new Constitution that would repeal what she described in colourful Sinhala as Bahubootha Executive Presidential form of governance. This task was entrusted not to a Constituent Assembly of Parliament but to a group of individuals with a range of expertise, with leadership from, Prof GL Pieris, Minister of Constitutional Affairs and late Dr Neelan Tiruchelvam. Both were distinguished alumni of the Peradeniya and Colombo Law Faculty of that time. They had both competed for the prestigious Rhodes Scholarship. Late Lalith Athulathmudali said that the decision to award the scholarship to GL was based on a careful scrutiny of my husband’s letters of reference to each at some point in their careers. My husband was famous for attaching equal importance to  opposing viewpoints and Lalith said they had a hard time figuring out from the references who was best!

Neelan and GL produced perhaps the best Constitution for Sri Lanka we might have had, in 2000. It had an excellent chapter on Fundamental Rights that reflected contemporary developments. It also had constructive proposals for power sharing and the independence of the judiciary and public service from political control. Most importantly, it replaced the Executive Presidency with the tried and tested method of an Executive branch with a Prime Minister and Cabinet responsible to  Parliament.

Unfortunately a single provision that enabled President Kumaranatunga to become prime minister for the rest of her Presidential term, was used by the Opposition led by Mr. Ranil Wickremesinghe to tear up into pieces the document on the 2000 Constitution on the floor of the House, when it was presented in Parliament, by Minister GL Pieris. The government fell, and this led to the first “cohabitation” in governance arrangement between President Kumaranatunga of the SLFP, and Prime Minister Wickremesinghe of the UNP. The 2000 Constitution has never entered the discussions on Constitutional reform that followed.

A short period of “cohabitation” was followed by a General Election and a further short second term for President Kumaranatunge. The 17th Amendment was passed by Parliament at this time with the leadership of the JVP and provided for the first time Independent Commissions to strengthen public administration, and a Constitutional Council empowered to make recommendations to the President on high post appointments to the judiciary and public service

Mr. Mahinda Rajapaksa was elected as Executive President in 2005. He was given a mandate to abolish the Executive Presidency. However, the focus of his administration was addressing the armed conflict in the North with his brother, who was appointed Secretary of Defence. Winning the war in 2009 was a catalyst for a sea change in the political life of an experienced and respected  politician, who had also related to an agenda of human rights. My husband appeared for him as petitioner, and won a fundamental rights case for him, and also successfully argued the  famous Janagosha case on the right to  peaceful political  protest.

From 2009 Mahinda Rajapaksa went on a different political  path, surrounded by family and friends espousing a culture of political patronage that debilitated all institutions of governance. This was an inherent aspect of governance in this country even  before that. However misuse of Presidential powers without any inhibitions, and family political patronage and   empowerment   and cronyism was carried to different and more significant levels. In a feudal culture the perception that the President was all powerful and could not be questioned created new levels of sycophancy or reluctance to express different points of view in the administrative services.   This had a serious impact on all institutions and was replicated in the behaviour of Cabinet ministers and others who became  notorious for abuse of power and corruption. The Proportional Representation system with the focus on a Party machinery choice of candidates also led to more and more incompetent persons being elected as members of Parliament.

The 18th Amendment to the Constitution that saw a removal of the limitation on terms of the Executive President, a core concept in the 1978 Constitution embedded in Presidential power during a term of office, was perhaps an inevitable outcome. A President who had been elected to office, promising  to abolish the Executive Presidency was now quite comfortable with becoming a President for life. His cabinet and government was full of approval for  this change. So also the Supreme Court in the judgment of Shirani Bandaranayaka CJ when the 18th Amendment was challenged in the Supreme Court. The environment of acceptance and passivity and self censorship in  responding  to this change was such that there was silence even in academia on  this  very controversial Supreme Court  jurisprudence. It was the theme of my husband’s oration for the Bar Association, in  memory of  a former President,  Desmond Fernando PC.

2015 to 2022

The protest against the worst excesses of Mahinda Rajapaksa led to its unexpected defeat and the election of President Maithripala Sirisena and what was described as a rainbow coalition of political parties led by Mr. Ranil Wickremesinghe as Prime Minister. President Sirisena promised to abolish the Executive Presidency and was given this mandate by the majority of citizens  who helped him get elected to office. This was also a personal commitment given to Maduluwawe Sobhita Thero who led the resistance to the previous Mahinda Rajapaksa government. However, in the first flush of victory he was persuaded to support a Constitutional Amendment that would REDUCE presidential powers and transfer them to his Prime Minister, Mr. Ranil Wickremesinghe. The draft Constitution of 2000 which provided for the abolition of the Executive Presidency was unfortunately not considered in this constitutional reform process.

If anyone expected this change to facilitate cooperation between these two centres of power in one administration that was an impossible expectation. Perhaps it increased expectations on the part of the Prime Minister, and resistance on the part of the President to the anticipated happy cohabitation. Inevitably the “empowered” Prime Minister had to experience the full brunt of Presidential anger when they had conflicting view points on the Arjuna Mahendran, Ravi Karunanayake and Aloysius  related bond scam. A hurriedly and sometimes  poorly drafted proviso in the 19th Amendment facilitated the Constitutional crisis of 2018 and the replacement of the 19th Amendment “empowered” Prime Minister with (of all people ) Mahinda Rajapaksa whom President Sirisena said he was fleeing from in anticipation of grave violence as a candidate in the Presidential election.

When the Easter Sunday violence took place, Prime Minister Ranil Wickremesinghe, the empowered 19th Amendment Prime Minister, told the nation in  a BBC interview that he could not be held responsible for the appalling and reckless lapses in national security because he had been excluded by the President from the National Security Council and “was not in the loop”.

It is the 19th Amendment of the Sirisena/Wickremesinghe government which is the basis of the 21A (MoJ). The Gotabaya and  Wickremesinghe government are telling us that this will be the best response in strengthening governance and satisfying the demand for systemic and institutional change. And every one they address including the media and political parties  (most recently Maithipala Sirisena led SLFP) is applauding this initiative.

The Opposition’s counter arguments for the 21A (S) to abolish the Executive Presidency appears to be falling  on deaf ears, due to  ignorance, political expediency  or a collective sense of amnesia. The only focus seems to be on a single issue – whether or not to support an amendment prohibiting dual citizens from holding office that may lead to another Rajapaksa sibling being compelled to forfeit his national list seat in Parliament. And that after facilitating another person occupying a national seat in Parliament to become the country’s Prime Minister.

A new Constitution for Sri Lanka as part of Incremental Constitutional Reform

When Minister Wijeyadasa Rajapakshe offers us the prospect of a new Constitution being drafted (after we have emerged from this crisis),  he seems to have forgotten the much publicized  efforts to do so during the Maithripala-Sirisena Ranil Wickremesinghe governments period in office. What emerged from the Constitution drafting Committee that Mr. Wickremesinghe himself chaired? Large and excellent reports by expert groups working on important areas of governance were produced.   What happened to those reports? What also happened to the report submitted to government by the  Lal Wijenayake  Committee on Constitutional reform after islandwide consultations over a period of time? What happened to the report of the Manouri Muttetuwegama Committee on Transitional Justice mechanisms? And the Truth and  Reconciliation Mechanism law that was drafted at the request of the government by a committee chaired by me with a dedicated team of  persons who gave their time freely without fees?

Even more curious, what happened to the report of the Constitutional drafting Committee appointed by President Gotabaya Rajapaksa? This committee was chaired by Romesh de Silva PC with, it is said, the leadership of Minister GL Pieris. Where is this draft Constitution and what is its approach to the Executive Presidency and “systemic and institutional change?”

The Way Forward

Faced with a crisis of proportions and impact  that has devastated the country it is incredible that we are now engaged in another round of political  play acting on constitutional reform. Let us at  least on this occasion take serious stock of the very real breakdown in governance that has led to this “man made and voluntary economic disaster” in a country renowned for its human development indicators in South Asia. In doing so let us recognize that we must abolish the Executive Presidency NOW and not later. This requires heeding the voice of the Aragalaya, and supporting the 21A (S) that will abolish the Executive Presidency and will also bring with it the institutional and systemic change in our governance that has been promised for decades by successive governments but never realized due to narrow and selfish political agendas. Saying Yes to the 21A (S) and No to the 21A (MoJ) which is a token gesture of Constitutional reform may be a last chance to save our country from further destabilization and “man made” disasters created through corrupt, inefficient and reckless governance.

Heeding the Voice of the People, Constitutional Reform and the Referendum Concept

The Rajapaksa governments 2005-2014 and 2019-2022 gave scant respect to the “Voice of the People”. Governments in which  Mr. Ranil Wickremesinghe  had a leadership role, like the Yahapalanaya government, 2015-2019, appointed many “Consultative” and Advisory” Committees, on a range of important  subjects of public concern, including Constitutional Reform. Yet the government consistently discarded their reports. Research on the functioning of these “Committees” demonstrates that the Yahapalanaya period had more consultative Committees than any other government. The record of law making and policy formulation in this period however  demonstrates clearly government  inaction rather than action for change.

So “consultation and listening to the voice of the People and experts” can mean nothing more than political rhetoric. This can also lead to unexpected consequences. The failure to improve and achieve  intra-party democracy, in the UNP, the party led by Mr. Ranil Wickremesinghe, despite the many Reports commissioned and Committees appointed, eventually led to a significant group breaking away, and forming a new party as Samagi Jana Balavegaya.

These experiences hardly inspire confidence in the Prime Minister’s address to the nation, saying he will appoint 12 or 15 “Committees” for effective public administration and financial management.  A large  Expert Advisory  Committee of eminent economists, has also been appointed to  the Central Bank. A promise has   been made by the Prime Minister  to  provide opportunities for youth participation, including from the Aragalaya, in some of these Committees. The latter initiative is said to help youth  to understand the difference between protest and participatory democracy!

It is time that our politicians understand what participatory democracy means, and that the people can see the difference  between this concept, and the “Committee Consultation” fetish that is a diversionary political maneuver to resist or avoid  change.  The Constitutional requirement of having a Referendum and hearing the voice of the People, to initiate major Constitutional reform, must also not be permitted to prevent efforts to  abolish  the Executive Presidency through Constitutional reform. This is also a demand of the Aragalaya and street protests, which include a large and diverse youth population.

Article 3 of our Constitution articulates the concept of the Sovereignty of the People as including the “powers of governance”. Article 4 clarifies the MANNER in which the PEOPLE’S POWER OF GOVERNANCE can be EXERCISED AND ENJOYED. It is on the basis of this concept that it can be argued that the President in exercising the Executive power of the People with a Prime Minister and Cabinet, collectively responsible for the government of the country under Article 43, has a LEGAL and not just an ethical obligation to fullfil his responsibilities of good governance, preventing  the type of  economic and political crisis confronting the nation today.

International law is considered “law” that creates legal obligations, despite the limitations on enforcement. Consequently, incapacity for enforcement no longer indicates that there is no legal obligation. A President and Cabinet Ministers who fail in their legal obligations in governance, can be called upon by the People to resign. It is the lack of a procedure for  enforcing  that legal obligation of resignation, except by  impeachment of the President,  that has contributed to the urgent need for  Constitutional reform  to ABOLISH the Presidency in the executive branch of government.

The 19th Amendment made the  President liable for a violation of rights and for the Supreme Court to provide “just and equitable relief” for such a violation. This provision was retained in the 20th Amendment. The possibility of a petition for violation of citizen rights, and a call for just and equitable relief in the form of a court order on resignation, in light of the serious responsibilities in governance under the Constitution, may seem theoretical and only aspirational at this time.

The Attorney General has advised that the Presidential status in the executive branch   cannot be removed without a two thirds Majority support in Parliament, and a Referendum.  The Referendum issue, and its impact on 21 A (S) is therefore an additional concern. This seems an obstacle in  effecting a critically important  Constitutional change, in responding  to our political and economic crisis.

The Constitution has a clear provision in Article 83 which indicates that a two third majority and a Referendum are  required for the amendment or repeal of Article 3. Therefore Article 4 on the  status of the President in the Executive branch of governance is NOT covered by the Referendum clause. The requirement for a Referendum is thus an interpretive perspective, based on jurisprudence in the Supreme Court linking Articles 3 and 4. That jurisprudence is also not consistent.

In the 20th Amendment case counsel cited earlier cases linking Articles three and four and argued that since the concept of Presidential power had been significantly modified by the 19th Amendment, a Referendum was also necessary to go back to the earlier concept of near absolute  Presidential executive power. The court in its opinion rejected this interpretation, and did not  follow the jurisprudence linking Articles three and four on the meaning of executive power. It is this interpretation  that is being cited in arguing that 21 A (MoJ)  seeking to only reduce Presidential powers that can be passed without a Referendum.

There is nothing to prevent the other argument being canvassed again in litigation on the current Constitutional Bills. Besides the Referendum issue can also be resolved if the Supreme Court follows the approach it took in the Port City Bill litigation, where the Court decided that it was not necessary to consult the Provincial Councils on a matter that required their consent, when it was impossible to do so as these bodies were not functioning at the time. The current situation and an argument that it is not possible to have a Referendum, in the current context, is supported by that case.

The lack of clarity on the issue of the need for a Referendum does not mean that this should  be used to prevent support for the 21A(S) that seeks to abolish the Executive Presidency. Besides holding such a Referendum is not as complicated and expensive as a General Election, that we cannot afford at this time. All that a citizen is required to do is to say “yes or no” to a single question, of the abolition of the Executive Presidency. They will be happy to provide the piece of  paper for this task to the Election Commissioner’s officials, if the State cannot afford to provide this, rather in the manner they are collecting the one rupee coins, after  the Minister said the State subsidizes the cost of  a rupee for a litre of fuel!

If the Referendum issue is  too complicated to resolve in initiating Constitutional reform to abolish the Executive Presidency the time may be ripe for demanding that the President exercises his powers under Article 86 of the Constitution to “submit to the People at a Referendum any matter which in his view is of national importance”. He claims that he has a mandate from 6.9 million people to complete his term. That is now an issue of public concern for  him as well as the People. He can hear the Peoples’ voice,  on  this matter through a Referendum, helping to also  solve the differences in viewpoint between him and the Peoples’ Movement of  Aragalaya.

Many of the persons involved  in this movement for systemic and institutional change  are the youth of a next generation, who have come together from diverse communities that link across class, caste and race,  calling for a different approach to accountable  governance, realizing  how poor and reckless government   impacts  the lives of the People and their future. Mr. Ranil Wickremesinghe has cited a literary source, the German playwright Bertol   Brecht’s Caucasian Chalk  Circle to explain the manner in which he will perform  as the Prime Minister of the country.

Perhaps he as well as  citizens, especially the youth, engaged in the Aragalaya  should peruse the poem  of WS Senior, an Englishman who was a poet and  educationist in colonial Sri Lanka. His ashes are interred in Haputale with an epitaph from a poem he wrote on leaving this country: “oh my soul it will break with longing, it can never be good bye”. His poem “The Call of Lanka” has these lines:

I climbed o’er the crags of Lanka

And gazed on her golden sea

And out from her ancient places

Her soul came forth to me

“Give me a Bard said Lanka

A Bard of the things to be

A Bard  for my joys  and pains

But  most shall he sing of Lanka

In the brave new days that come

When the races all have blended

And the voice of strife is dumb

Hark Bard of the fateful future

Hark Bard of the bright To-Be

A voice on the verdant mountains

A voice on the golden sea,

Rise Child of Lanka, and answer

Thy mother has called to Thee.



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Features

Revolt in the Temple: Poverty as Structural Control

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The underlying issue in Anuradhapura is a struggle between a few families who, for years, have waged a quiet cold war over control of the Udamaluwa. Similar situations exist in Mihintale as well. These places, among others, are treated as treasures of Buddhism but, in practice, function as tightly controlled economic centres. The same pattern repeats in Kandy around the Temple of the Sacred Tooth Relic and in Kataragama at the shrine of God Kataragama. Variations of it exist across religious spaces of Islam, Catholicism, and Hinduism too, where institutional authority becomes indistinguishable from localised power networks. What is presented as sacred order often operates as inherited control.

It is indeed devastating to see situations where parents have no alternative but to expose their children to predators in robes for survival. This has nothing to do with religion itself, but with human pathology in the context of survival. These are the questions that demand answers, not superficial responses that treat symptoms while ignoring the conditions that produce them. What is more shocking and disturbing is not the tragedy itself, but the reactions to it. Social media has overwhelmed us, not towards understanding, but towards a fragmented cognitive state with no exit route.

A friend of mine in Nairobi used to keep all his electronic devices at home and go into the forest once a month, spending days there before returning. He called it “detoxification”, but in reality it was an escape from a system that no longer allows uninterrupted thought. Daily life is now saturated with unnecessary content, and attention itself has become a commodity extracted, processed, and sold back to us. This is where we have become unable to understand what really drives certain tragedies we endlessly react to, while remaining blind to the systems that quietly manufacture them.

Multi-dimensional poverty

Poverty is structural, poverty is political, and poverty is functional; it is a tool and a manoeuvring force of power. The question is no longer whether poverty exists, but who benefits from its persistence, and who is forced to survive within it. From education to medicine to basic food supply chains, countries like Sri Lanka are not simply mismanaged; they are structurally captured by a small number of actors who remain stable regardless of who is formally in power. Small-scale enterprises and NGO circuits that circulate foreign funding to “solve structural issues” often operate as hollow administrative performances, producing reports rather than transformation.

Poverty is not merely the absence of money. It is the absence of bandwidth, absence of protection, absence of time, and absence of cognitive stability. As Sendhil Mullainathan and Eldar Shafir state, “Scarcity captures the mind. Just as the starving subjects had food on their mind, when we experience scarcity of any kind, we become absorbed by it.” This is a description of how human cognition is structurally reorganized under constraint. Scarcity does not sit outside the person; it occupies them.

They also state, “Scarcity leads us to borrow and pushes us deeper into scarcity.” That is the mechanism that must be confronted without euphemism. Poverty is not only deprivation; it is a self-reinforcing trap in which survival decisions generate the next layer of crisis. Once a society crosses a certain threshold of scarcity, it stops producing long-term reasoning as a default condition. It produces short-term survival logic, often mistaken by outsiders for irrationality.

It is precisely here that public discourse becomes intellectually dishonest. Everything is translated into moral language because moral language is easier than structural analysis. But morality without structure becomes theatre. It produces outrage, not understanding, and repetition, not reform.

It is indeed brutal when an individual wearing religious insignia—whether robe, symbol, or institutional identity—is accused of acts that fundamentally contradict the moral authority attached to that position. It is equally brutal when institutions that depend entirely on trust begin to function as shields rather than safeguards. But the deeper question is not shock. The deeper question is what kind of social condition produces families who see placement within such institutions not only as devotion, but as a survival strategy under constraint.

Ethical decision-making

That is where the argument collapses into its most uncomfortable form. Poverty does not produce ethical decision-making environments. It produces constrained optimization under pressure. When food insecurity, debt, and social instability converge, institutional spaces that appear stable become transactional destinations for survival rather than moral choices. To interpret this as purely cultural failure is to deliberately ignore the structural compression of options.

Mullainathan and Shafir describe this clearly: “Instead of saying that scarcity ‘focuses,’ we could just as easily say that scarcity causes us to tunnel: to focus single-mindedly on managing the scarcity at hand.” That tunnelling effect is not abstract. It is visible wherever long-term planning collapses under immediate pressure. Systems then misread this as irresponsibility, when it is in fact cognitive overload produced by structure.

What is rarely acknowledged is how deeply this extends into governance itself. Institutions increasingly operate as if they are managing rational, unconstrained individuals. In reality, they are interacting with populations whose cognitive bandwidth is already structurally taxed. The result is policy failure interpreted as public non-compliance, enforcement interpreted as moral correction, and reform interpreted as communication failure rather than design failure.

Social media has intensified this distortion. It does not merely spread information; it destroys sequencing. Structural problems require temporal depth. Social media removes that depth and replaces it with instantaneous judgment. Every event becomes a surface object, detached from causality. The outcome is a society permanently reacting and never diagnosing.

Poverty, in this environment, becomes invisible in its real form. It is not seen as a continuous structural condition but as episodic failure. A scandal appears, is consumed, and disappears. Another replaces it. Nothing accumulates into understanding because attention itself is exhausted before synthesis can occur.

Modern Condition

The modern condition reflects a reversal of earlier social organization, where human relationships are embedded within abstract systems of finance, law, and administration that often fail to recognize the lived constraints of those they govern. In this disembedded state, institutions increasingly misinterpret human behaviour as their capacity for structural understanding weakens. At the same time, attempts to resolve systemic failures through expanding administrative complexity produce diminishing returns: more regulation, oversight, and reporting generate less coherence. Over time, institutions shift from functional effectiveness to symbolic performance, maintaining the appearance of control rather than achieving it.

This is why public outrage repeatedly fails to translate into structural change. Outrage is not a tool of reconstruction. It is a signal of system fatigue. It circulates, intensifies, and dissipates without altering the underlying architecture. Meanwhile, the conditions that produce repetition remain intact.

The most persistent illusion is that these are separate problems: poverty here, institutional misuse there, media distortion elsewhere. They are not separate. They are expressions of a single condition in which scarcity, complexity, symbolic authority, and fragmented enforcement interact without coordination. The system does not fail in one place; it fails in the gaps between these layers.

Symbolic systems

What makes this condition more severe is that symbolic systems continue to operate at full strength even when structural systems degrade. Religious identity remains powerful. Political rhetoric remains strong. Cultural symbolism remains intact. But enforcement capacity, institutional coherence, and social trust degrade beneath them. That gap is where instability grows. Until that gap is addressed at the level of structure rather than sentiment, repetition remains inevitable. New scandals will emerge, new interpretations will circulate, and new cycles of outrage will follow. Nothing resolves because nothing is being reconstructed beneath the surface of reaction.

This is no longer repairable through adjustment or rhetoric. It is a form of decay that persists until it exhausts itself, because the mechanisms meant to correct it are now part of the same failure. It continues until rupture, not reform. At that point, instability ceases to be episodic and becomes structural. Pressure will accumulate into breakdown, and what follows will not be managed transition but forced reversal. The responsibility lies with those who govern these institutions to prevent that trajectory, not through language, but through change. The drama is ending; farce is over; what we are witnessing is tragedy unfolding with unprecedented consequences.

by Nilantha Ilangamuwa

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Are threats to Buddha Sasana external or from within?

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As Sri Lanka celebrates the birth, Enlightenment and the Parinibbana of the Buddha, almost a month after the rest of the Buddhist-world did so, there is widespread discussion about threats to Buddha Sasana provoked by some recent incidents. Regarding the views expressed about postponing Vesak celebrations in my article ‘May Day and postponement Vesak 2026’ (The Island, 25 May), my very good friend Dr Upali Abeysiri has sent me the following comments: “The Mahanayakas have a good reason to postpone Vesak. The dawning of the full moon has to be on the same constellation (nekatha) as when the Buddha was born and attained enlightenment. Although Adhi Poya is reckoned as the second full moon arising in the same calendar month, this is supposed to be an odd exception.” Though it would have been ideal if a consensus could have been reached prior to the split of celebrations, perhaps, it does not matter very much as celebrations occur on a symbolic rather than an actual date, there being no historical or archaeological evidence confirming exact dates.

Whilst there are no direct threats to Buddha Dhamma, as the expanding horizons of science continue to confirm the fundamentals of Buddha Dhamma, there is no doubt whatsoever that there are threats to Buddha Sasana. However, these threats become important as the Buddha Sasana performs the pivotal role in protecting and propagating the Dhamma and, hence, become an indirect threat to Dhamma itself. Therefore, it should be the concern of all Buddhists and it is in this spirit I am making some comments which some may interpret as disrespectful to the Maha Sangha. I can reassure that my intentions are entirely directed towards the preservation of the Buddha Dhamma and Sasana. Though the Buddha proclaimed that the Sasana consists of Bhikkhu, Bhikkhuni, Upasaka and Upasika, for all practical purposes Sasana had been led by Bhikkhus, often at the expense of others.

There is hardly any doubt that there are external forces at play in Sri Lanka and even some Buddhists seem to object to Sri Lanka being called a Buddhist country. Interestingly, no one seems to object to countries like the UK and the USA being called Christian counties. I

There is no registration or baptism in Buddhism and there are no rewards for Buddhists for conversions. As I pointed out in a previous article, ‘How does the Buddha differ’ (The Island, 1 May) unlike most other religions, Buddhism is not a ‘high-demand’ religion, nor ‘law-based’ religion and is not exclusivist. Perhaps, it is this liberalism, pacifism and gentleness, which are the real strengths, that are being exploited as weaknesses by others.

There will always be external threats and the Buddha too faced many during his lifetime. Before addressing those, is it not more important to address the threats within? One of the most important problems seems to be the breakdown of discipline. Bhikkhus are bound by Vinaya rules, laid down by the Buddha and some recent incidents highlight total deviations. Though there were many previous incidents like unsubstantiated claims of Arahanthood, Bhikkhus attacking each other on YouTube and Bhikkhus conducting YouTube channels, not for the propagation of the Dhamma but for the accumulation of rupees, attention was focused after the detection of 22 young monks carrying narcotic drugs.

Though many commentators were quick to condemn the Sangha on this account, we need to go deeper. Narcotic menace has become a huge problem in Sri Lanka and it looks as if the drug lords would resort to anything to achieve their objectives. Though it looks as if some gullible young monks had been duped by drug lords, we need to question why it was possible. Is it due to the lack of supervision of these novices by their seniors that allowed them to accept a request in a WhatsApp group? Should there be checks and balances on foreign travel by Bhikkhus?

What shocked Buddhists was what followed next; the arrest of the Nayaka of Atamasthana for allegedly having sex with a minor. Anuradhapura was our first capital and Sri Maha Bodhi is the longest surviving authenticated tree in the world. Ruwanweliseya and Jetawanaramaya were among the ten tallest man-made structures in the ancient world, Jetawanaramaya still holding the Guiness record for the largest stupa in the world. Cyberspace is full of theories. Whilst some have condemned the Nayaka Thero even before the conclusion of inquiries whilst others claim that this was a coup by another Nayaka Thera in an attempt of succession.

I was intrigued, reading in a Sri Lankan newspaper about the 80th birthday celebrations of a Nayaka priest, who was convicted in London in 2012 of historical child sex abuse and sentenced to seven years in prison. I remember the case very well as he was the head of the Vihara, we had our first contact on relocating to the UK. I also remember his devotees, who believed that he was wrongly accused, collecting over £50,000 for an appeal. In spite of being represented by one of the top Barristers in the UK, the conviction was upheld but the jail-term was reduced by a year. His name is still on the sex-offenders register in the UK and he is permanently prevented from association with children. One can argue that as he has served the sentence and not reoffended, this should not be held against him but what baffled me is that he is still being referred to as the Chief Sangha Nayaka. Should a person on the sex-offenders register be the Chief Sangha Nayaka?

It is high time we put our own house in order before fighting the external enemies. It is reported that the former president CBK has written to the Mahanayakas requesting urgent reform and we should be obliged to her for taking the lead.

There are many aspects that need urgent reform, the first being removal of caste barriers practiced by some Nikayas, which is the greatest insult to the Buddha who promoted equality. The second is the active encouragement of Bhikkhuni Sasana which has not happened in spite of the landmark ruling by the supreme court. The third is the establishment of proper disciplinary processes under a single Adhikarana Sangha Nayaka with powers and support than allowing the government to take over the control of even non-criminal Vinaya matters.

There are many other issues that need settlement like the controversy of the land of Buddha’s birth which seems to linger on. An expert committee should hear all evidence and settle this issue once and for all.

As I have pointed out on many occasions in these columns, it is high time a Dhamma Sangayana was held, as the last one was 70 years ago. Ideally, it should be different with active participation of lay experts as well. It is the duty of us Buddhists to ensure that the words of wisdom of the Buddha continue to enlighten generations to come.

By Dr Upul Wijayawardhana

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Vijaya Kumar: Academic, Activist & Genial Fellow-Traveller

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Professor Vijaya Kumar

The University of Ceylon, Peradeniya, was in our time, a less-crowded residential university, where everybody knew everybody else or at least knew of everybody else.

I knew of Emeritus Professor Vijaya Kumar of the Department of Chemistry at Peradeniya, or Kumar, as we referred to him fondly, before I got to know him. His dear wife Savitri, also a member of the academic staff of the Department of Chemistry, was nicknamed Kumee, by some of their students (of which vintage is unknown to me) and the duo were thereafter referred to affectionately as Kumar and Kumee.

The Faculty of Science became a regular haunt of mine as I would go there in the company of my batchmates to attend lectures on Basic Mathematics given by Professor Maheswaran, as it was a requirement for our General Arts Qualifying Examinations. I would also go there to listen to some excellent talks under a programme that was held in the auditorium of the Science Faculty referred to as “Popular Science Gossip”. The “gossip” at these talks were not confined solely to science but were broad enough to include Literature, History and other branches of knowledge as well. I would often spot Kumar in the audience at these talks or bump into him in the corridors of the Science Faculty. But I got to know him personally only after he became the Warden of Arunachalam, my hall of residence, during my undergraduate years initially, and later, as a member of the academic staff of the Department of English.

Our Science Faculty undergraduate contemporaries, especially those at Arunachalam Hall and its immediate neighbour, Jayatilaka Hall, both within a stone’s throw away from the Science Faculty, shared many an anecdote about Kumar and their other lecturers. One of these anecdotes, had to do with a spectacular (motor car) driving feat of Kumar’s. Legend has it that he drove from his university bungalow-home to the Faculty of Science deploying only the reverse gear of his car! Kumar, on hearing of this, had told certain of his student friends, including some who became his colleagues later on, that this story is one of the biggest yarns he had heard in his life!

Some of his one-time younger colleagues, now in retirement like Kumar, tell me that Kumar exuded warmth and friendliness in all of his professional and administrative interactions with others in the wider university community. But there was no warmth or mercy for those who indulged in the unsavoury pastime of student ‘ragging’. He was a very strong proponent of the need to ensure to all freshers an environment free of the menace of ‘ragging’. He remained ever-vigilant during the ‘ragging’ season. There are stories of his chasing ‘raggers’ and catching them. Professor Maheswaran, who later became an intimate friend and remains so after more than half a century, was another who was fiercely opposed to ‘ragging’. I was a personal witness to Mahes chasing a ‘ragger’ up and down the stairs of the main library to nab him. Yet another of his students has noted that Kumar’s office room in the Faculty was a total mess at all times. It had tables, piled so high with books and documents that one could not easily spot Kumar at his desk. He, however, had the knack of pulling out from amidst the clutter, any document that he needed at any given time. If anybody were to volunteer to help tidy his desk, Kumar would respond firmly with “Don’t you touch my desk!”.

Kumar, like several of his colleagues in the other faculties as well, had his own eccentricities. According to information received from reliable sources, Kumar who taught Organic Chemistry used to carry his lecture notes in his shirt or trouser pocket with ‘the entire lecture condensed in point form on a half-sheet or half of a half-sheet of paper’. The way he rummaged through his sling bag filled to the brim with stuff to find an item that he needed was another ritual that amused onlookers.

Kumar, interestingly enough is a Royal-cum-Thomian product, in that he had his primary education at S.Thomas’ Prep School, Kollupitiya and the entirety of his secondary education at Royal College, which he entered in 1953. In a note written by Kumar himself, he notes that despite having had excellent teachers at Royal, his was not a notable school career. He goes on to say that “the only achievement I could boast of was my being the joint-winner of the school General Knowledge Prize”. However, he had been active in a Scout Group outside of school (1st Port of Colombo, Sea Scouts) where he “was Queen’s Scout, Patrol leader, and later, Assistant Scout Master”.

Kumar entered the Faculty of Science of the University of Ceylon in 1961 and secured from it an honours degree in Chemistry in 1965. He joined the academic staff of the Department of Chemistry in the Faculty of Science, University of Ceylon, Peradeniya in 1965 and left the following year for Magdalen College at Oxford University, from which institution he obtained his doctorate in Chemistry. His entire teaching career was at Peradeniya, where in the period 2003-2006 he served as the Dean of the Faculty of Science, a position that his late father-in-law had held a few decades earlier.

Among the other highlights of his career are: Chairman of the Industrial Technology Institute (formerly the Ceylon Institute of Scientific and Industrial Research, CISIR); Member (representing Sri Lanka) of the Geneva-based UN Commission on Science and Technology from 1999 to 2007 and its President from 2001-2003; President of the Sri Lanka Estate Workers Union from 1989 onwards; Member of the Politburo of the Lanka Sama Samaja Party from 1988 to 2014 and currently, a member of the Executive Committee of the National People’s Power (NPP).

Vijaya and Savitri Kumar are parents of daughters Shamala and Ramya, who are following in the footsteps of their parents: with the former teaching in the Department of Agricultural Economics in the Faculty of Agriculture, University of Peradeniya and the latter, in the Department of Community Medicine at the University of Jaffna.

(I wish to thank the following who assisted me in the writing of this brief essay: Mr. Bandula Warnakulasuriya, Emeritus Professor Ratnayake Bandara, Professor Mahinda Wickramaratne, Professor Swarna Wimalasiri and Mr. Manik de Silva).

*Editor’s note: Prof. Vijaya Kumar, a member of the NPP’s National Executive Committee and is still active in politics turns 84 today. This article by Tissa Jayatilaka, former Executive Director of the United States – Sri Lanka Fulbright Commission for Mutual Academic Exchange, was written for an upcoming collection of essays on Kumar’s life by his friends.

(Colombo Telegraph)

By Tissa Jayatilaka

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