Midweek Review
‘Brandix eruption’ close on the heels of Matara corona scare
Colombo Municipal Council Public Health Department personnel conducted random PCR tests at the Fort Railway Station, Monday, Oct 12. Pic by Kamal Bogoda
By Shamindra Ferdinando
Over a week before the coronavirus eruption at the Brandix apparel manufacturing facility, in Minuwangoda, a 52-year-old foreigner was tested positive, in Matara. He had been among the crew of an aircraft that arrived at the Mattala airport on Sept 13 and was moving freely, in Matara, before being quarantined at the Amaloh boutique resort, in Polhena, a popular tourist destination, minutes away from the town. The flight had touched down in India before flying to Mattala.
The President of the Public Health Inspectors’ Union of Sri Lanka, Upul Rohana, is on record as having said that local Public Health Inspectors (PHIs) or Medical Officers of Health (MOHs) were not told the crew was to be quarantined at Amaloh hotel. Rohana declared that the crew hadn’t been supervised by any PHI or MOH officers, in the area, since they were sent to the hotel, without alerting the relevant health officials.
The foreigner was tested positive, on Sept. 23, during the required second RT PCR test carried out by health authorities, before the departure of the crew. On arrival, airline crews are tested at the airport before being moved to a private hotel, until they leave. Before the day of their departure, they are subjected to RT PCR tests.
From that group of airline crew, two had taken a three-wheeler to an Arpico supermarket, on Sept 20, and to a Keells Super on or about the same day.
A subsequent RT PCR test, conducted at the Hambantota hospital, hadn’t shown the crew member to be infected with coronavirus. The first test on the foreigner had been carried out by a private hospital.
Although the foreigner had been later cleared, the Matara incident revealed the shortcomings in the system. How did those supposed to be staying indoors visit supermarkets? Did anyone bother to inquire into Public Health Inspectors’ allegations that they weren’t informed of the decision to move the airline crew to Amaloh hotel?
Russian Ambassador in Colombo, Yuri Borissovich Materiy, inquired from the writer about the Matara incident in the wake of the Sept 25th edition of The Island report, headlined ‘Covid-19 scare grips Matara as Russian crew member tests positive’ by Priyan de Silva. With the world battling coronavirus, a relevant foreign mission being interested in even an isolated case is not surprising.
Brandix crisis far worse than
Welisara cluster
The Matara scare was quickly forgotten. The Minuwangoda eruption, within days of that false scare, is continuing to cause quite a crisis. It is certainly far worse than what was called the Welisara Navy cluster that threatened to overwhelm the system during the first corona wave. While 950 officers and men, attached to the Welisara base, had been infected with the highly contagious virus, during a period of six weeks, beginning the third week of April 2020, the Brandix cluster has so far infected more than 1,200 within a week. The Gampaha hospital made the first detection on Oct 2 as a result of a routine RT PCR test done on 39-year-old supervisor, Pradeepa Sudarshini Ratnayake, when she was leaving the hospital. The mother of four was faulted for the crisis though quickly health authorities established the truth. She was not the first Brandix employee infected.
Health Minister Pavitra Wanniarachchi, on Oct 4, told the media that the Brandix employee, tested positive at the Gampaha hospital, had been detected, thanks to a decision to test persons with fever/fever symptoms randomly at government hospitals. The government on Oct 4 imposed curfew in the Minuwangoda and Divulapitiya (Bomugammana) police areas, where the Brandix employee resides.
Later, it was revealed she had received medical treatment at a dispensary, near her home, at Bomugammana, on Sept. 28, after she fell ill at the factory. In an interview with Mawbima (Oct 11, 2020 edition) over the phone, the woman, who had been with Brandix for nine years, maintained over a dozen workers, attached to her section, fell sick on Sept 19-20 before she too got affected, a couple of days later. Those attached to her section, CM 23, had received treatment at the medical centre at Brandix before Pradeepa, too, received treatment at the same medical centre, on Sept. 27. On the following day, she received medical treatment at a dispensary, near her home. Mawbima quoted her as having said that in spite of the developing situation within the facility, none of them were directed to a government hospital until she demanded that she be taken to Gampaha, on September 30. She had even worked on September 30 though she was receiving treatment.
She was taken from the Brandix facility, to Gampaha hospital, on September 30, and released from hospital on the following day. By then, a substantial number of workers had been affected. Brandix, in its first statement, issued on Oct 4, placed the number of affected at 45, in addition to the person first tested positive. It meant at the time the first detection was made there were at least 45 others affected, within the facility.
Authorities haven’t been able yet to establish how the coronavirus eruption took place in Brandix. For nearly two weeks, the cause of the Brandix eruption remains a mystery. The Brandix eruption delivered a massive blow to the country’s struggling economy.
The Brandix crisis will further undermine Sri Lanka’s economy. There is no dispute over the contribution made by Brandix over the years to the national economy.
Indian HC, Brandix respond
to accusations
The writer, on Oct 7, morning raised growing accusations, with the Indian High Commission in Colombo, that Indian workers, employed by Brandix, at its Minuwangoda manufacturing facility, caused the crisis.
The Island asked whether the IHC had been aware of the number of Indian workers at Minuwangoda and whether they had arrived there this year. The IHC spokesperson, Neha Singh, said: “As far as our understanding goes all international arrivals are subjected to health protocols and procedures stipulated by the government of Sri Lanka in view of the Covid-19 pandemic. Any question in this regard may be directed to concerned authorities.”
Due to the rapid deterioration of the situation, police headquarters on Oct 7 extended the curfew to over a dozen police areas in the Gampaha administrative district. The police brought Ganemulla, Kiridiwela,
Dompe, Malwathuhiripitiya, Mirigama, Nittambuwa, Pugoda, Weeragula, Weliweriya, Pallewala, Yakkala, Kandana, Ja–Ela and Seeduwa under curfew, in addition to the curfew imposed on Minuwangoda and Divulapitiya.
Brandix issued its first statement, as regards the corona attack, on Oct 4. The statement, headlined ‘Early detection of COVID-19 positive patient at Brandix facility in Minuwangoda declared: “The rigorous protocol implemented across Brandix, and the immediate response and support received from the PHI and relevant health authorities of Sri Lanka enabled the early detection of the patient, ensuring her timely transfer to IDH for immediate treatment and mitigation of any further spread of the virus.”
At the time of the issuance of the first statement, the number of Brandix affected was placed at 45, in addition to the first detected.
The media received the second Brandix statement on Oct 6. The company said that 1,394 Brandix employees at its Minuwangoda facility had been tested by Oct 5 and of them 567 confirmed as corona positive.
Three chartered flights,
341 persons return
The writer raised continuing concerns as regards developments at the Minuwangoda facility with Assad Omar, of Brandix, on Oct 7. Omar responded to issues raised by The Island while assuring a comprehensive statement would be issued during the day. It dealt with a number of issues, including accusations regarding the arrival of Indians, at the Brandix facility at Minuwangoda, in the run-up to the devastating corona eruption. Brandix denied allegations that foreigners, including Indians, had been to its Minuwangoda facility, under any circumstances. Brandix also denied claims that fabric, required by Brandix, had been brought from India, or accepted orders from its facility in India.
As regards those Sri Lankans employed in the Brandix facility, at Visakhapatnam, Andhara Pradesh, and their families returning to Sri Lanka in the recent past, the leading apparel manufacturer revealed that there had been three chartered flights from Visakhapatnam. Brandix assured all of them followed government stipulated procedures, including RT PCR testing and a 14-day mandatory quarantine at a government regulated quarantine facility, as well as the 14-day self-quarantine process, supervised by respective PHIs. Brandix further emphasized that none of those, who had returned from Andhra Pradesh, visited the Minuwangoda manufacturing facility.
The writer sought clarification from Brandix, on Oct 11, regarding a number of issues. The Island submitted the following questions to Brandix: “We received three media statements from you regarding the Covid-19 eruption. In the third statement, you mentioned the arrival of three flights from India carrying Sri Lankans and their families. Can you please provide (1) the dates flights arrived at the Mattala airport (2) the number of passengers on each flight (3) where were they quarantined for two weeks and (4) who supervised the remaining 14-day self-quarantine period? Brandix, in a statement issued the same day, while reiterating all protocols were followed, revealed that altogether 341 Sri Lankans, both workers and their families, returned on three chartered flights on June 25, August 8 and Sept.22. The flight that is causing a puzzle is UL 1159 that was expected to bring in 60 persons though only 48 arrived aboard it.
Brandix, in its fourth statement, said: “Upon completion of the 14-day mandatory period at a government regulated quarantine facility, a certification, signed by the Head of the National Operation Centre for Prevention of COVID-19 and the Director General of Health Services has been issued to each individual confirming the same. The passengers of the first two flights then underwent the 14-day self-quarantine process under the supervision of the respective PHIs. A certificate confirming the completion of the self-quarantine process has been issued to each passenger of these two flights by the Office of the Medical Officer of Health for the respective area, which is signed off by the respective Public Health Inspector and the Medical Officer of Health. The 48 passengers that travelled to Sri Lanka on 22nd September 2020 are currently undergoing the 14-day self-quarantine process, under the supervision of the respective PHIs, and will be issued the same certificate upon completion of the process. The certificates regarding all passengers can be produced for verification to any Government authority investigating the matter.”
Brandix also said that the company continues to operate a quarantine centre provided by them in Punani, Batticaloa, during the COVID-19 outbreak earlier this year, which also presently houses employees, family members, and any others affected.
However, when Chathura Alwis interviewed Lt. Gen. Shavendra Silva, who heads the National Operation Centre for the Prevention of Covid-19 Outbreak (NOCPCO), the Derana anchor said that the third contingent was accommodated at Sheraton hotel, Waskaduwa, where Durdens Hospital staff subjected them to RT PCR. Lt. Gen. Silva pointed out that contrary to reports that 60 returned on the Sept 22 flight, there were only 48. Did those who returned on June 25 and Aug 8, too, stay at Sheraton? Wouldn’t it be relevant to ask whether any of those who had returned from India were accommodated at the Punani facility before the corona eruption?
Perhaps, the most important line in the fourth Brandix statement is the following. The relevant section verbatim: “We are also thoroughly investigating any lapses in this regard and will share our learning and take the necessary action in the event of any violation.”
Subsequently, Brandix told The Island on Oct 12 (Monday) that those who had returned from India (three contingents) were accommodated at Sheraton Hotel, Kosgoda, and TI, Wadduwa, Long Beach Hotel, Koggala, and again Sheraton Hotel, Kosgoda, respectively.
Welisara Navy cluster
The second, far worse wave couldn’t have happened at a worse time for Sri Lanka, struggling to cope up with the unprecedented economic fallout. The government, too, should inquire into possible lapses on its part in line with overall measures meant to prevent further outbreaks. The Welisara corona cluster was caused by congestion, within the Navy base there, though it was conveniently blamed on heroin addicts of Suduwella. Those responsible suppressed severe congestion within the vital base that compelled the Navy to evacuate the base in the third week of May 2020, a month after the detection of the first infected sailor. Well over 2,000 officers and men had to be shifted to bases in various parts of the country, including the north. This was done in terms of instructions issued by the health authorities.
President Gotabaya Rajapaksa categorized the Welisara cluster as a mistake when he addressed a group of officials. The coronavirus outbreak revealed the pathetic situation, within the base, where sailors were denied even basic facilities. They lacked sufficient bathroom and toilet facilities in addition to proper sleeping quarters. Even today, residents of Suduwella are blamed for what befell on the Welisara Navy base.
Against the backdrop of the recent Brandix eruption, some of those who had been accommodated at the Welisara Navy base were moved to other bases.
Indian poaching, smuggling
across Palk Straits
In spite of regular naval patrols, smuggling continues across the Palk Straits. Contacts between the Indians and Sri Lankan smugglers posed quite a threat against the backdrop of India reeling from corona cases. With over 7 mn cases reported so far, and the death toll at 109,150, by Oct 12, India is really struggling to bring the situation under control. Globally, the infections topped 37.3 million. Sri Lanka also placed some restrictions on its fishing community to prevent contacts with the Indians.
Fisheries Minister Douglas Devananda announced restrictions following discussions at cabinet level, in this regard. The Navy continues to make regular detections in the seas off the northwestern province and northern districts. During recent talks between Indian leader Modi and Sri Lankan Premier Mahinda Rajapaksa, the contentious issue of Indian poaching, too, has been taken up.
Amidst the corona crisis, a high level Chinese visit took place with the main Opposition Samagi Jana Balavegaya (SJB) questioning the corona counter measures in place to check the visiting delegation. China provided some much needed relief with additional loans though the Sri Lanka economy remained at a critical point due to serious difficulties in meeting the country’s financial obligations. The Brandix eruption caused further deterioration, rather rapidly, with no end in sight. By Monday, Oct 12, the police had no option but to further expand restrictions as more cases were reported from various districts. Police headquarters placed several villages in Gampaha and Mannar under lockdown conditions. The crisis could have been avoided if basic protocols were followed. Brandix facility at Minuwangoda owed an explanation as regards the claim that workers began to fall sick as early as Sept. 19 -20 and Pradeepa Sudarshini Ratnayake received medical treatment on Sept. 27 within the factory premises. Explanation is also required whether those who had fallen sick reported to work from September 19-20 to Oct 4, when the government declared curfew in Minuwangoda and Divulapitiya areas, over 24 hours after Pradeepa Sudarshini Ratnayake was tested positive. If authorities talked to Pradeepa Sudarshini Ratnayake, 45 other workers tested positive (first Brandix statement issued on Oct 4) as well as the person in charge of the Brandix medical centre, they can easily establish when workers first complained of difficulties. When did Brandix Minuwangoda bring the situation to the notice of the MoH and PHIs? If supervisor Pradeepa Sudarshini Ratnayake’s still undisputed assertion that workers, in her section, fell sick on Sept 19-20, how can the failure on the part of those responsible to bring it, immediately to the notice of, health authorities be explained. According to Pradeepa Sudarshini Ratnayake even on Oct 30 she was taken to Gampaha hospital on her insistence.
Army Commander Lt. Gen. Shavendra Silva, who is also the Chief of Defence Staff (CDS), confirmed Pradeepa Sudarshini Ratnayake’s assertion that workers showed symptoms about a week before she was affected by it.
Appearing on Derana ‘360’, Monday night, the Army Chief told anchor Dilka Samanmali that about 10 workers had been infected before a worker was tested positive at the Gampaha hospital. Lt. Gen. Silva said that even if they disregarded a worker showing symptoms on Sept 15, now it was clear infections took place between Sept 10 and 20 with several cases reported on 20th. The Army Chief’s declaration brought to an end the despicable attempt made by some interested parties to blame the corona eruption on Pradeepa Sudarshini Ratnayake, on the basis of her having an illicit affair.
The primary question, the government needs a clear answer is exactly when the workers complained of fever and showed other symptoms? The answer will establish the culpability of those responsible for the devastating corona eruption.
Midweek Review
22A: Developing constitutional quagmire
The government’s high profile project to enact the 22nd Amendment failed to secure any tangible support from anyone outside the NPP, in Parliament or outside. In a statement, the Illankai Thamil Arasu Kadchi (ITAK) noted that the proposed amendment concerned the sovereignty of the people and, therefore, required approval through a referendum. The ITAK, a key member of the six-party Political Council of Tamil-Speaking people (PCTSP) and the second largest party in the Northern and Eastern Provinces, other than the NPP, is opposed to President Dissanayake’s move. Tamil Progressive Party (TPA) leader and former Minister Mano Ganeshan, also of the PCTSP, has rejected the 22nd Amendment. The Island learns that all political parties, represented in the PCTSP, are opposed to the proposed Amendment.
The NPP obtained the most seats at the Parliamentary General Election 2024. Other parties that managed to gain seats in Parliament are the Samagi Jana Balawegaya (SJB/40 seats), Ilankai Tamil Arasu Kadchi (ITAK/8 seats), New Democratic Front (NDF/5 seats), Sri Lanka Podujana Peramuna (SLPP/3 seats), Sri Lanka Muslim Congress (SLMC/1), Sarvajana Balaya (SB/1), United National Party (UNP/1), Democratic Tamil National Alliance (DTNA/1), All Ceylon Tamil Congress (ACTC/1), All Ceylon Makkal Congress (ACMC/1), Jaffna – Independent Group 17 (IND17-1) and the Sri Lanka Labour Party (SLLP/1).
Timeline
* March 30, 2026, BASL wrote to Justice and National Integration Minister Harshana Nanayakkara seeking a meeting to discuss 22A
* May 25, 2026, BASL wrote to President Dissanayake seeking a meeting to discuss the same
* July 16, 2026, BASL wrote again to the Justice Minister underscoring the failure on his part and the President to respond to previous letters
* July 27, 2026, NPP executive committee member advocate Lal Wijenayake declared opposition to the government move
* July 29, 2026, BASL met the Justice Minister, sought a meeting with President Dissanayake
* July 31, 2026, Mahanayakes of four Chapters (Nikayas) wrote a joint letter to President Dissanayake urging him not to go ahead with the 22nd Amendment. But, the Mahanayakes refrained from releasing the letter to the media
* August 3, 2026, BASL disclosed the Mahanayakes’ letter to the President. Justice Minister Nanayakkara, accompanied by Health and Media Minister Dr. Nalinda Jayathissa, visited the Mahanayakes to explain the government stand. But, they denied receiving the crucial letter
* August 7, 2026, UN requested President Dissanayake, in no uncertain terms, to abandon the move.
* August 11, 2026, Government admitted receiving the Mahanayakes letter
* August 18, 2026, 22nd Amendment Bill presented in Parliament. Those opposed to the constitutional amendment began filing petitions. The BASL led the way. By 24 August, 21 petitions were filed.
* August 20, 2026, Catholic Bishops’ Conference urged the government not to proceed without adequate consultations.
* August 24, 2026, BASL, in a motion filed in the Supreme Court, suggested that Chief Justice Preethi Padman Surasena recuse from hearing the petitions
By Shamindra Ferdinando
In support of the ruling National People’s Power (NPP) government’s highly contentious move to enact the 22nd Amendment to the Constitution despite worldwide condemnation by eminent jurists, meant to extend the retirement ages of superior court judges, NPP leader and President Anura Kumara Dissanayake will address a series of countrywide meetings.
Dissanayake is also the leader of the Janatha Vimukthi Peramuna (JVP), the main constituent of the governing party.
Justice and National Integration Minister and Attorney-at-Law Harshana Nanayakkara, on 18 August, 2026, tabled the controversial 22nd Amendment Bill in Parliament. Nanayakkara also tabled the Judicature (Amendment) Bill on the same day. That will pave the way for the increase of the retirement ages of High Court judges to 63 years, and District Court and Magistrate Court judges to 62 years. The government wants to increase the retirement ages of Supreme Court and Court of Appeal judges to 67 and 65, respectively.
However, the government has proposed a six-year term for the Chief Justice but he/she will have to retire at the new mandatory retirement age of 67.
Health and Media Minister, as well as Cabinet spokesman Dr. Nalinda Jayathissa, recently announced the decision to launch the high profile propaganda campaign on 5 September. The NPP and JVP leader has vowed to enact the 22nd Amendment, come what may.
Dissanayake, who took over the party leadership on 2 February, 2014, at the 17th convention of the JVP, and formed the NPP in 2019, has indicated that he wouldn’t, under any circumstances, give up the 22nd Amendment. Dissanayake didn’t mince his words when he received a top level delegation of the Bar Association of Sri Lanka (BASL) at the Presidential Secretariat, on 12 August, to discuss the burning issue wracking the country. It would be pertinent to mention that the BASL raised the issue with Dissanayake, on 25 May, after Nanayakkara ignored their first request, made on 31 March.
The Supreme Court will hear over 20 petitions challenging the constitutionality of the 22nd Amendment Bill. Now that the matter is before the Supreme Court, the main opposition Samagi Jana Balawegaya (SJB) shouldn’t have sought to involve the BASL in a futile attempt to educate the NPP parliamentary group. The BASL, too, should know better. The BASL and SJB are among those who moved the Supreme Court. Against that background it would be unthinkable that the NPP parliamentary group wants to listen to BASL. Government activists, on Monday (24), organised a protest outside BASL Secretariat, NO. 153, Mihindu Mawatha, Colombo 12 demanding the resignation of BASL President Rajeev Amarasuriya.
SJB and Opposition Leader Sajith Premadasa clashed in Parliament with the leader of the House Bimal Rathnayake over his bid to bring in the BASL team to address the whole Parliament. NPP National List lawmaker Najith Indika declared on X that “the Opposition Leader couldn’t call all MPs for meetings. BASL either does not follow parliamentary procedure or knows how to manipulate public perception.”
The Supreme Court will receive petitions during two weeks, after the tabling of the Amendment. The Court should inform the Speaker of its determination within three weeks. Parliament will receive that determination ahead of President Dissanayake completing his second year in Office. The last presidential election was held on 21 September 2024.
Dissanayake won a five-year term and in November, the same year, led the party to a resounding victory at the parliamentary poll. The NPP/JVP position is that both Bills can be enacted with a 2/3 majority. With a mammoth 159 seats in Parliament, the government is confident that its political project can be easily achieved. But, the NPP operation has run into significant opposition with the United Nations, throwing its weight behind the BASL-led campaign.
Tabling of the two Bills on 18 August coincided with the 39th anniversary of the JVP grenade attack on the UNP parliamentary group, in the wake of the signing of the Indo-Lanka peace accord in 1987. Ajith Kumara, at that time a minor parliamentary employee, lobbed a hand grenade at the UNP group meeting, chaired by President J.R. Jayewardena. Prime Minister Ranasinghe Premadasa, too, was present. The then National Security Minister Lalith Athulathmudali narrowly escaped death in the attack that took place in the Committee Room 1 of Parliament. Deniyaya MP and Matara District Minister Keerthi Abeywickrema was killed. The writer covered the funeral, held on 22 August, 1987, at the playground of the Morawaka Maha Vidyalaya. Then the young Minister in charge of Youth Affairs and Employment, Ranil Wickremesinghe, was among those who represented the government at the funeral.
Kumara had been recruited as a sweeper by no less a person than the then Secretary General of Parliament, Nihal Seneviratne. Had Kumara been a member of the proscribed JVP at the time he joined the parliamentary staff or did the JVP approach him later?
The Colombo High Court acquitted Ajith Kumara on 12 October, 1990, and released him from custody on 6 August, 1993. Subsequently, the JVP accommodated Ajith Kumara on the party’s politburo and paved the way for him to contest the Sabaragamuwa Provincial Council poll on the JVP ticket. With fat hopes the JVP named him their chief ministerial candidate.
Key Opp demands
Pointing out that the matter before the Supreme Court judges related to them, the BASL requested that a bench consisting of a full court, comprising all the judges, be constituted to determine the constitutionality of the 22nd Amendment Bill. The BASL also requested the Supreme Court to determine that the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.
In the alternative, the BASL sought determination that Clause 2 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum and Clause 3 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.
Essentially, all petitioners have requested for a full court, comprising all Supreme Court judges and a referendum, if ordered, it’ll be the second instance. The first referendum was held in December 1982. The UNP that won an unbeatable 5/6 majority in a 168-member Parliament, at the 1977 parliamentary election, obtained a mandate of the people to extend the life of Parliament by six years. That utterly undemocratic, unreasonable and treacherous act contributed to the overall deterioration of the country. By the time the 1989 parliamentary poll was held, the police, backed by the armed forces, were fighting the JVP in the South, and the Indian Army, deployed in the Northern and Eastern regions, in terms of the Indo-Lanka Accord.
Former External Affairs Minister Prof. G. L. Peiris, convenor of the Joint Opposition grouping, too, moved the Supreme Court against the 22nd Amendment, and General Secretary of the SJB Ranjith Maddumabandara did the same. Altogether there were nearly two dozen petitioners
Ex-Law Professor Peiris has vigorously campaigned against the government move, and the weekly media briefing. held at former President Wickremesinghe’s Flower Road Office, has become the focal point of the Opposition campaign. Peiris insists that the Supreme Court shouldn’t hear the petitions as justices were direct beneficiaries of the proposed Amendment. Therefore, determination should be made at a referendum. In case the Supreme Court decides to hear the petitions, the full court consisting of all judges should be constituted to determine the constitutionality of the 22nd Amendment Bill, the former parliamentarian has asserted.
As repeatedly stressed by Prof. Peiris, two previous determinations by the Supreme Court that the alteration of superior court judges’ retirement ages should be subject to a referendum cannot be disregarded, under any circumstances. One of the determinations is of crucial importance as former Chief Justice Murdhu Fernando (December 2024 to July 2025) served on the three-member bench that made the far reaching announcement in 2022.
But, the BASL made an unexpected move on Monday. Close on the heels of its petition against the 22nd Amendment to the Constitution, the BASL filed a motion in the Supreme Court suggesting that Chief Justice Preethi Padman Suresena recuse from hearing petitions.
Petitioners BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva cited Attorney General as the respondent in a motion filed in terms of Article 121 read with Article 120 of the Constitution to determine whether the Bill, titled “Twenty Second Amendment to the Constitution,” or any part thereof, is required to be passed by a Referendum in terms of Article 83 of the Constitution.
The BASL pointed out that the first Judge of the Supreme Court, who would benefit if this Bill is enacted into law without the process of a referendum, is the Chief Justice, and further that if a referendum is mandated, then that there is a possibility that the Chief Justice may retire before its completion, and if for those reasons, the Chief Justice wished to recuse from hearing this matter, then the petitioners have requested the Chief Justice to constitute a bench comprising of all other judges in Supreme Court.
The maximum number of Supreme Court and Court of Appeal judges are 17, including the CJ and 20 judges ,including the President of the Court of Appeal, respectively. The NPP caused controversy by not filling vacancies among the superior court judges with the Opposition alleging there were four vacancies each. There’ll be another vacancy among the Court of Appeal judges in the first week of September.
The warning issued by the UN following a spate of other statements from various local and international bodies has brought tremendous pressure on the government. Having initially denied any knowledge of a joint letter, dated July 31, addressed to President Dissanayake by the Malwatta, Asgiriya, Amarapura and Ramanna chapters, the government, on 11 August, admitted the President received the letter.
However, the Catholic Bishops Conference publicly commented on this issue, only on 20 August, after all other concerned parties censured the government over the move. A section of the civil society that portrayed the 22nd Amendment as the panacea for a mountain of cases held up in courts had no option but to sing a different tune after the UN warned the NPP government over the pet project that seemed to have backfired. The UN’s position rattled the government and its backers.
18A and 20A
War-winning President Mahinda Rajapaksa enacted 18th Amendment to the Constitution in early September 2010. That despicable political project did away with a two-term time limit for the executive president and expanded presidential powers over independent commissions. That Bill received 161 votes, two more than the NPP parliamentary group. But, 18A didn’t do any good for President Rajapaksa or his party. Maithripala Sirisena, General Secretary of Mahinda Rajapaksa’s party, betrayed him, won the 2015 presidential election, and created an utterly undesirable political environment that, over a period of 10 years, ruined the country’s major political parties.
The emergence of the NPP as the dominant power should be examined taking into consideration the deterioration of the UNP, SLFP and the SLPP. The UNP and SLFP are no longer represented in Parliament while the SLPP that won a commanding 145 seats at the 2020 parliamentary poll was reduced to just three lawmakers in Parliament. SLPP’s National Organiser Namal Rajapaksa was so concerned about the transformation of the political environment he took refuge in the National List. Had he not taken that precaution, he wouldn’t be in Parliament today. While the SLPP deteriorated from 145 seats to just three, the NPP, whose 2020 parliamentary group consisted of just three, including one National List member (Dr. Harini Amarasuriya) ended up taking 159 seats, the best results achieved under the Proportional Representation system introduced in 1989.
Having handsomely won the 2019 presidential election, Gotabaya Rajapaksa brought in the 20th Amendment aimed at further consolidating his hold on power. Basil Rajapaksa, a dual citizen of Sri Lanka and the US, wanted to enter Parliament through the National List. The Rajapaksas removed a particular clause through the 19th Amendment to enable Basil Rajapaksa to enter Parliament. Subsequently, the SLPP accommodated Basil Rajapaksa in the Cabinet as the all-powerful Finance Minister. He succeeded Mahinda Rajapaksa in July 2021. But by then, the national economy had suffered irreparable damage and the 20th Amendment, meant to consolidate executive power, seemed irrelevant. Public protest campaign that received overt and covert US and Indian backing was launched in March 2022, leading to President Gotabaya Rajapaksa’s unceremonious ouster in July of same year due to India and Western backed violent protests.
The 18th Amendment and the 20th Amendment were enacted at the expense of particularly the 17th and 19th Amendments, respectively.
The Frontline Socialist Party (FSP) has alleged that the 22nd Amendment would enable the government to implement its neoliberal programme. The breakaway JVP group has asserted that the government’s sinister project is intended to remove whatever obstacles to its neoliberal strategy.
FSP’s Education Secretary Pubudu Jayagoda said: “A new Fisheries Act will divide the ocean into plots, lease the fish-rich areas to multinational corporations, and deprive local fishermen the opportunity to catch fish in the deep sea. The biggest obstacle to this is the fishermen. A Quality Assurance and Accreditation Commission Act is being drafted to grant state recognition and legality to degree mills. Three thousand schools are going to be closed, depriving children of the fundamental right to education. To do that, every pillar of the state must be brought under government control. A long list can be given: privatising hospital laboratory services, selling off state institutions, bringing forward new repressive laws like the PSTA (Protection of the State from Terrorism Act), and a new Cooperatives Act that snatches away people’s funds—many things like that. Taking the arbitrary power required to execute these into the hands of the executive is the true objective of this constitutional amendment.”
Midweek Review
Shakespeare’s female characters
Displaying Gender-Based Issues that Resonate with Our Times
by Dr. Siri Galhenage
Psychiatrist [Retd]
In most of William Shakespeare’s plays, the protagonists are male. He created such memorable characters as Hamlet, Othello, King Lear, Macbeth, Julius Caesar, Prospero, Coriolanus, the monarchs of history plays and many others – heroes as well as villains. This was a reflection of the societal values of the time. Women were not permitted to perform on stage, and all female roles were played by young males – a practice that continued for nearly half a century after Shakespeare’s death. This was so even though Elizabeth 1, the learned female monarch of England and Ireland and a humanist, occupied the throne during most of Shakespeare’s writing life [1580–1613], and extended her patronage to his plays.
Nevertheless, compared with his contemporaries Christopher Marlowe and Ben Jonson, Shakespeare wrote a greater number of plays featuring prominent female characters that drove the narratives, providing insights into intra-psychic, interpersonal, social and moral aspects of life.
I have selected two such female characters from Shakespeare’s plays and another from one of his narrative poems to illustrate this idea, focusing primarily on gender based violence – emotional, physical and sexual – that continues to resonate in our own times. I have also chosen another female character who challenged the gender constraints that imposed by contemporary society.
DESDEMONA in Othello –
A Victim of Morbid Jealousy

A scene from As You Like It
Jealousy, as a human experience, has many nuances of meaning, ranging from the harmless to the morbid, including delusional forms, with many variations in between. The object of concern in jealousy is the suspicion of unfaithfulness or infidelity on the part of a loved one, commonly a female partner in a marital relationship. In its morbid form, accompanied by intense passion, jealousy has the potential to be destructive and even dangerous, placing the spouse at risk. It is not an uncommon presentation in clinical practice attracting the diagnosis of ‘Othello Syndrome’ although there is disagreement among clinicians about the application of the term.
Othello, a valiant soldier of African heritage in the state of Venice, had no difficulty winning the heart of Desdemona, the attractive young daughter of a prosperous senator. He took her away in defiance of her father’s wish for her to marry into the Venetian nobility. At this point, the Turks were preparing to regain Venetian-held territory in Cyprus, and Othello, recognised for his military prowess, was selected to lead the defence of the territory.
Despite the imminent Turkish attack on Cyprus, Desdemona preferred to remain with her husband rather than stay in Venice. The attack did not eventuate, however, because a violent storm dispersed and destroyed the invading Turkish fleet. The Venetian forces rejoiced, and the occasion provided an added opportunity to celebrate the marriage of Othello and Desdemona.
Casio, a close confidant of Othello, who had been recently promoted to lieutenant, was delegated to supervise the festivities. Cassio’s promotion caused great offence to Iago, who strongly believed that he was better suited to the position. He plotted to take revenge on Othello and Cassio by planting the seed of doubt in Othello’s mind through innuendo and trickery, casting suspicion on Desdemona’s fidelity and on her relationship with good-looking Cassio. Desdemona, a woman of exuberance and humour, became the unwitting focus of Iago’s manipulation.
The dissonance that arose in Othello’s mind eventually reached a climax when he accused his wife of infidelity and became convinced that she should die. Despite Desdemona’s plea for compassion, Othello strangled her to death. On finally gaining insight into the whole saga, Othello fell on his sword beside his wife.
OPHELIA in Hamlet – A Case of Manic Defence in response
to emotional abuse
Hamlet, the Prince of Denmark, takes centre stage in the play of the same name, and his mental processes have been the focus of scrutiny by successive generations of critics.
Young Prince Hamlet is faced with a complex emotional challenge following the sudden death of his father, King Hamlet, he idolised. The late king’s brother, usurper to the throne, hastily marries the widowed queen, denying the young prince his lawful right to sovereignty. Hamlet’s grief is compounded by his outrage towards his mother and his lingering doubts about the circumstances of his father’s death. He lapses into a state of melancholy.
But the impact of Hamlet’s emotional instability and the displacement of his anger onto Ophelia, to whom the prince had professed his love, receive less attention by critics, despite the significant psychological issues raised by her predicament. The episode in which Hamlet directs his anger towards Ophelia – often referred to as the ‘nunnery scene’ – is considered one of the most vicious in all Shakespeare.
Get thee to a nunnery. Why wouldst thou be a breeder of sinners?”…. “If thou dost marry, I’ll give this plague for thy dowry, be thou as chaste as ice, as pure as snow, thou shall not escape calamity. Get thee to a nunnery; go, farewell. Or if thou wilt needs marry, marry a fool, for wise men know well enough what monsters you make of them. To a nunnery go, quickly too. Farewell
Her love for Prince Hamlet was forbidden from the outset by her father, the scheming counsellor, Polonius, and by her brother Laertes; she was obedient to them. With her dignity destroyed by the very person she loved and her father killed, albeit inadvertently by the hand of her lover, she nevertheless reacted with compassion. With her brother away in France, Ophelia is bereft of any meaningful relationships.
With no one left to confide in, her mind had no alternative but to escape reality. She lapsed into a state of mania – a state of ‘fragile happiness’ with underlying deep sorrow; an unconscious defensive operation of the mind known as ‘manic defence’, as described by Melanie Klein [1882-1960], the renowned Austrian Psychoanalyst.
In this state of mind, Ophelia presents herself before the king and queen, singing snatches of song concerning love, death and betrayal. Her behaviour is totally out of character to her formerly demure self. Here are a few excerpts from her verses illustrating what might be described as a ‘flight of ideas’.
How should I your true love know/ From another one? / By his cockle hat and staff/ And his sandal shoon…”
“He is dead and gone, lady/ He is dead and gone/ At his head a grass green turf/ At his heels a stone…
They say the owl was a baker’s daughter. Lord we know what we are, but know not what we may be. God be at your table …
Hey non nonny, nonny, hey nonny/ And in his grave rained many a tear …” “You must sing ’Adown adown’ and you call him adown-a.”
Later, Queen Gertrude, Hamlet’s mother, announced that Ophelia ‘Fell in a weeping brook while making garlands from crow-flowers, nettles, daisies and long purples’, and had made no attempt to save herself. At the graveyard two gravediggers discussed whether she deserves a Christian burial as she appeared to have taken her own life.
LUCRECE – in Shakespeare’s narrative poem The Rape
of Lucrece
Reworked from a story by the Roman historian Livy, Shakespeare’s innovative narrative poem, first published in 1594, gives access to the mind of a victim of sexual assault. Set in ancient Rome, the poem gives expression to the agony of Lucrece, the gracious wife of a nobleman, following a savage attack upon her by Sextus Tarquinius, the son of the brutal king Lucius Tarquinius of Rome.
During a joyous conversation, a group of young noblemen were commenting on the virtues of their wives when Collatinus extolled the incomparable beauty and chastity of his beloved Lucrece. Aroused by the description of her elegance, young Sextus makes a covert exit, ‘borne by the trustless wings of desire’ in pursuit of his prey –the peerless dame’, ‘weakly fortressed from a world of harm.
Lucrece warmly welcomes her royal guest, who shows no inward ill or outward harm. He praises her husband’s military prowess, ‘pawning his honour to obtain his lust. During the conversation he scans her beauty and burns with sexual desire, yet ‘is madly toss’d between desire and dread. His ambivalence finally gives way to desire. ‘Desire my pilot, beauty my prize/ ‘Then who fears sinking where such treasure lies?’ This said, he advances upon her, ‘like a falcon towering in the skies, that ‘Coutcheth the fowl with his wings’ ‘So under his insulting falcon lies/ Harmless Lucretia’ shade’, trembling with fear, ‘as fowl hear falcon’s bells’. She ‘lies at the mercy of his moral sting’ and finally succumbs ‘To the rough beast that knows no gentle right/ Nor aught obey but his foul appetite’.
Lucrece is shattered, perplexed and grief-stricken by the unexpected assault on her by her honoured guest. ‘I alone must sit and pine/ Seasoning the earth with showers of silver brine’. She weeps, ‘O unseen shame, invisible disgrace/ O unfelt sore, crest wounding private scar’. Her anguish is further expressed through the image of the violated hive. ’My honey lost, and I, a drone – like bee, have no perfection of my summer left/ But robb’d and ransack’d by injurious theft./ In thy weak hive a wand’ring wasp hath kept/ And suck’d the honey which thy chaste bee kept’.
In this state of mourning, Lucrece despatches two messengers: one to her father in Rome and the other to her husband on the battlefield. On their arrival, she reveals the circumstances of her agony and names the individual responsible. She then stabs herself to death.
Their entourage carry her body through Rome and vow to avenge the death of this ‘incomparable woman of chaste’. By public acclaim the reign of Tarquins is overthrown, and the rule of Rome handed over to the consuls.

A scene from Othello
ROSALIND in ‘As You Like It’ – Challenging the Gender Constraints
One of the few female characters to play a leading role is Rosalind in ‘As You Like It’. She remains much to the liking of many a theatre goer because of her wit, wisdom and inner strength. Rosalind transcends the constraints imposed on women during the Shakespearean era – constraints that continue to resonate in certain cultures even today.
Two young women of noble birth flee the oppressive court in disguise and seek refuge in the Forest of Arden. Rosalind disguised as a young man, Ganymede, while her devoted cousin Celia adopts the name Aliena. As they depart Celia declares, “Now go we in content/ To liberty, and not to banishment.” Orlando, the object of Rosalind’s affection, also escapes to the forest to evade the hostility of his brother. Unaware of Rosalind’s disguise, he expresses his love by hanging verses in her praise upon the trees. Although Rosalind discovers these poems, she chooses to maintain her disguise, using it as an opportunity to test Orlando’s devotion and explore the nature of love, courtship, and the differing gender expectations. The play reaches a conclusion by Rosalind dropping her disguise, and the two uniting in love.
*****
Gender-based violence is recognised globally as a pervasive violation of human rights and a significant social, cultural and public health concern. Violence against women, including emotional, physical and sexual, varies across societies in form and prevalence, and is often rooted in unequal power relations and social structures that perpetuate male dominance. Gender-based violence requires collective action through education, legal protection, economic empowerment, accessible support services and changes in attitudes and cultural practices. Power and influence should not be allowed to shield the perpetrators.
Art, including dramatic and literary art, serves to illuminate human experience. It allows us to explore emotions, ideas and moral dilemmas that may otherwise remain beyond ordinary expression. Art can entertain and inspire, but it can also challenge our assumptions, evoke empathy, and offer new ways of seeing ourselves and the world around us. In this sense, art is not merely a form of aesthetic pleasure; it is a means of understanding what it means to be human.
Desdemona, Ophelia, Lucrece and Rosalind are among Shakespeare’s more prominent female characters. The first three are innocent victims of male violence in different forms, evoking our empathy and compassion; the fourth challenges the gender assumptions and constraints of the time. Together, they illuminate gender-based issues that are both universal and timeless. In this sense, Shakespeare remains ‘our contemporary’, as Jan Kott, Polish-American literary critic, famously observed.
Midweek Review
Nature’s Distress
By Lynn Ockersz
Nature’s not on any vengeance trail….
Rather, from dense forests of the West,
Now all aflame in parts as if in rage,
To South-East Asia’s savaging floods,
And Sri Lanka’s fierce dry spells,
Where man and beast are imperiled,
Nature’s signaling she’s distressed,
Over her custodian’s ravenous lust,
Which unceremoniously gobbles-up,
Her graciously bestowed riches;
‘Take warning; slow down at least now’,
She seems to be chiding her wayward son,
‘Be gentle with me and all my treasures,
And I’ll look to your continuing wellness,
But rein-in your self-destructive fire,
Lest it consumes your willful self in full,
And all I have left in your custodial care.’
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