Features
A CONSTITUTIONAL BLUEPRINT
Dr Nihal Jayawickrama
Shortly before the Presidential Election, Mr. Anura Kumara Dissanayake, the leader of the NPP, committed himself to the abolition of the office of Executive President. Following his election by the people to the office of President of the Republic, and the overwhelming majority which his party received in the general election, it may be confidently assumed that steps will shortly be taken to implement that commitment.
The events that followed the enactment of the 19th Amendment to the Constitution in 2015 demonstrated the futility of the partial abolition of the Executive Presidency. That amendment, while requiring the President to act on the advice of the Prime Minister, enabled the incumbent President (through a transitional provision) to preside over meetings of the Cabinet and also hold three key portfolios. When a few months later Parliament was dissolved, the general election was conducted under laws which had been formulated to complement an executive presidency.
No provision was made for the election of the constitutional Head of State. A JVP Bill that sought to rectify the omission was held by the Supreme Court to require approval at a referendum in a determination which, it is submitted, was flawed in law and made per incuriam (lack of regard for the law or the facts). Therefore, the abolition of the office of Executive President should be but one element in a comprehensive restructuring of the governmental structure. In other words, a new Constitution.
Contrary to popular belief, the approval of the people at a referendum is not required for the repeal and replacement of the Constitution. What is required under Article 82(5) is that the number of votes cast in favour amounts to not less than two-thirds of the whole number of members of Parliament. Indeed, a referendum is not suitable for consulting the population on a complex issue such as the text of a new Constitution.
For example, in Canada in 1992, a Bill designed to give effect to the multicultural character of that country, known as the Charlottetown Accord, which had been agreed upon by all the First Ministers and territorial and aboriginal leaders, was rejected at a national referendum for reasons which had no relevance whatsoever to the question at issue. Foremost among these was the widespread unpopularity of the then Prime Minister of Canada. In the United Kingdom in 2017, the referendum on the question of leaving the European Union received the affirmative votes of some who believed that it would lead to the restoration of the British Empire. An unnecessary referendum on the Constitution could lead to a voter who disapproves of a single provision voting to reject the Constitution altogether.
UNNECESSARY PROVISIONS
In designing a template for a new Constitution, it is useful to commence by identifying those provisions of the present Constitution which should be omitted altogether.
The State
The 1972 Constitution described the State in the following terms:
Sri Lanka (Ceylon) is a Free, Sovereign and Independent Republic.
The 1978 Constitution added the words “Democratic Socialist” while rejecting the socialist policies of its predecessor and extending the life of Parliament without a general election. Accordingly, I would suggest that the 1972 formulation be restored.
The Unitary State
The whimsical intervention of a senior Cabinet Minister, acting on impulse, resulted in the inclusion of the following provision in the 1972 Constitution:
“The Republic of Sri Lanka is a Unitary State”
The 1978 Constitution not only repeated this provision, but also prevented its repeal except with a two-thirds majority in Parliament and approval of the people at a referendum. This impetuous, ill-considered, and wholly unnecessary embellishment would, in the years to follow, reach the proportions of a political battle cry.
Sovereignty
The 1972 Constitution contained the following provision:
“In the Republic of Sri Lanka, Sovereignty is in the People and is inalienable”.
The 1978 Constitution expanded on that provision, making it unamendable except with a two-third vote in Parliament, followed by a referendum, and thereby stultified the legislative process.
Until 1972, all power flowed from the British monarch. The supreme law then in force was the Ceylon (Constitution) Order in Council 1946. However, the 1972 Constitution was not enacted by Parliament under powers conferred by that Order-in-Council. The 1972 Constitution was an autochthonous Constitution. It was drafted, adopted and enacted outside the existing constitutional framework, not in Parliament but at Navarangahala, a school hall, by persons who were elected to the House of Representatives at the general election of 1970. They asserted that sovereignty flowed not from “The King’s Most Excellent Majesty in Council”, but from the People who had given them a mandate “to function as a Constituent Assembly to draft, adopt and operate a new Constitution that will declare Ceylon to be a free, sovereign and independent Republic”. It was in the exercise of that sovereignty that they proceeded to draft and enact a new Constitution.
That sovereignty of the people was declared to be inalienable in the sense that it could not be transferred, for example, to a foreign power, the military, or a political party, or indeed restored to the British Crown. That was the rationale for asserting for the first time in a constitution of our country that sovereignty was in the People. It was unnecessary to have reaffirmed it in the 1978 Constitution. Nor does it require repetition today. I have not been able to find a similar provision in any other Commonwealth constitution.
Buddhism
The question of constitutional protection for Buddhism was first raised when the 1972 Constitution was being drafted. It was originally sought to impose a duty on the State to protect the institutions and traditional places of Buddhist worship. Over time, that proposal metamorphosed into a requirement that the State shall give to Buddhism “the foremost place”, and shall “protect and foster Buddhism”, whatever these terms might mean. Representatives of lay organizations urged that Buddhism be declared the state religion, while some senior monks emphatically opposed the concept of a state religion and were more interested in the establishment of ownership of property required for the performance of rites and rituals.
This constitutional provision is very divisive and provocative and identifies those Sri Lankan citizens who profess their belief in the great religions such as Hinduism, Christianity and Islam as being “the other” in the Sri Lankan polity. What the Buddha preached was a philosophy of life. Tolerance and pluralism form the basis of that philosophy. If Buddhist Philosophy was able to survive in the hearts and minds of the people through 450 years of western colonial rule, a constitutional injunction is surely not necessary to keep it alive in the free, sovereign and independent Sri Lanka.
Directive Principles of State Policy
The 1972 Constitution introduced for the first time an ideological statement of “Directive Principles of State Policy” which were declared to be not enforceable in any court; not to confer legal rights; and no question of inconsistency with them could be raised in the Constitutional Court or any other Court. However, in another part of the Constitution it was stated that the exercise and operation of the guaranteed fundamental rights and freedoms shall be subject to such restrictions as may be necessary for “giving effect to the Principles of State Policy”.
Consequently, when the Bill to vest the Associated Newspapers of Ceylon Ltd was challenged, the Constitutional Court held that although the Bill infringed the freedom of association of the shareholders and directors of the company, it was nevertheless validated by the fact that it sought to achieve two of the Principles of State Policy, namely, “the development of collective forms of property”, and “raising the moral and cultural standards of the people”. The 1978 Constitution too contains a similar statement of unenforceable Principles of State Policy.
Political ideology should have no place in a national constitution. Values and priorities change with the needs and pressures of a given time. The Constitution, which is the supreme and fundamental law, must therefore be sufficiently flexible to enable different shades of political opinion to be developed and implemented from time to time.
ESSENTIAL ELEMENTS OF A NEW CONSTITUTION
Recognition of Diversity
The Constitution must recognize that Sri Lanka is not only a secular State, but is also a multi-ethnic, multi-religious, and multi-cultural State. The tragedy of Sri Lanka is that many of our politicians have refused to recognize the fact – the unalterable, immutable, and enduring fact – that we are a multicultural country. In the contemporary multicultural State, minority communities have rights in common with, and no less than, everyone else. Indeed, because of the need to protect the distinctive character and identity of minority communities, which is what constitutes the cultural mosaic of the State, they even enjoy additional rights. For example, contemporary international law protects the physical existence of minority groups by criminalizing genocide, by recognizing the right to seek asylum, and by prohibiting discrimination.
International Human Rights Law now provides guidance on the minimum acceptable standards for peaceful co-existence in a multicultural society. They include the right of minorities to use their own language, to profess and practise their own religion and the right to enjoy their own culture. International law also recognizes the right of a minority to determine its political status, and the right to participate effectively in decision-making, both at regional and national levels. Therefore, power-sharing at the centre is a requirement that should be incorporated in the Constitution. Whichever political party forms the government, it should be mandatory for the different ethnic groups to be represented in the Cabinet, at least in proportion to the number of such members elected to Parliament.
The Official Languages
The Constitution must recognize Sinhala, Tamil and English as the Official Languages of the State.
The 1978 Constitution declares Sinhala and Tamil to be the “official languages”, and English to be the “link language”, whatever that might mean in terms of constitutional law. Thereafter, Sinhala and Tamil are described as the “national languages”. Then follow several other provisions detailing the language of administration, of legislation and of courts. Language is not only a mode of communication; it is also the medium through which knowledge is acquired. It is unfortunate, but true, that Sinhala does not serve either purpose adequately. Political leaders with foresight and sagacity, on the African continent, and in countries such as India, Singapore, and Malaysia, retained English – now the acknowledged international language. They adopted it as the medium of instruction, and thereby ensured that their peoples could communicate with the world beyond their geographical boundaries and acquire the knowledge that now emerges as rapidly as the old is debunked, and equip themselves to serve the global community in capacities other than as domestic helpers and semi-skilled workers.
A Constitutional Head of State
For thirty years after Independence, this country had a constitutional Head of State. He symbolized the State, not the ruling party. He was the principal unifying figure in the country; the non-partisan, independent, symbol of the State who provided stability to the State. He was accessible to anyone of whichever political persuasion, especially when the heavy hand of government was felt. He performed the ceremonial functions of the government, leaving to the political head the resolution of the important matters of State. Although the constitutional Head of State was required to act on advice, there have been troubling times when the Cabinet of Ministers sought his advice on how to deal with a particular situation. There have also been occasions when the constitutional Head of State requested reconsideration, or even declined to act as advised until he was furnished with sufficient reasons for doing so.
In a multicultural country such as Sri Lanka, it is desirable that, in addition to the President, there should also be two Vice-Presidents. A new Constitution should therefore provide that:
· There shall be a President of the Republic who is the Head of State, the Head of the Executive, and the Commander-in-Chief of the Armed Forces.
· There shall be two Vice-Presidents who shall belong to two different ethnic groups, and neither of whom should belong to the ethnic group of the President.
· The President and Vice-Presidents shall be elected by Parliament. Their term of office shall be six years.
· The President and Vice-Presidents shall, except as otherwise provided by the Constitution, act on the advice of the Prime Minister, or of such other Minister to whom the Prime Minister may have given authority to advise the President on any function assigned to that Minister.
· Whenever the President is prevented by illness or other cause from performing the duties of his office or is absent from Sri Lanka, a Vice-President designated by the Prime Minister shall act in the office of the President.
The Electoral System
The election of members of parliament from 21 District Lists, based on proportional representation, was introduced by Mr. J.R. Jayewardene as an integral element in the presidential executive system of government. Since each District encompassed several former constituencies, the expenditure involved in campaigning in such a large extent of territory, and the need to raise money for that purpose from various sources, inevitably on a quid pro quo basis, has been identified as one of the principal factors leading to corruption. The return to the first past-the-post system of single-member/multi-member constituencies, supplemented with an element of proportional representation to ensure that unrepresented interests are adequately represented, and that there is an equitable distribution of seats based on the totality of votes cast for each political party, ought to be an essential adjunct to the parliamentary executive system of governance.
Local Government
Local government is best undertaken by restoring the time-tested institutions, namely, village councils, urban councils, and municipal councils, complemented perhaps with District Development Boards. The extremely expensive concept of nine Provincial Councils, each with a Governor and a Board of Ministers, introduced at the request of the Government of India at the height of the ethnic conflict, has lost its relevance and ought to be abandoned.
Fundamental Rights
Over 30 years ago, Sri Lanka signed and ratified the two international covenants that define the universally accepted civil, political, economic, social, and cultural rights. However, successive governments failed to give constitutional force to the rights recognized in them, or to provide effective remedies. The 1978 Constitution selectively designated a few of these rights as fundamental rights and subjected even those to numerous restrictions. For example, the right to life is omitted. Others omitted include family rights, the right to privacy, the right to property, the freedom to leave the country, the right to seek, receive and impart information and ideas, the right to a fair hearing in respect of civil rights and obligations, and the rights of accused persons.
“Birth or other status” is not a prohibited ground of discrimination, thereby enabling the perpetuation of the concept of illegitimate children. And, of course, none of the economic, social, or cultural rights are recognized. Finally, all existing law is declared to be valid and operative notwithstanding any inconsistency with the chapter on fundamental rights. Thereby, the entire body of law enacted over a period of 176 years, a veritable armoury of archaic powers and more recent intrusions into human dignity, remains in force notwithstanding any conflict with fundamental rights.
When the citizens agree to be governed, what they insist in return from the rulers is that their rights and freedoms be effectively guaranteed. The Constitution should provide, as it does in many other countries, that an international human rights treaty, when ratified, will have the force of law, superseding any inconsistent existing law. If the government is unwilling to do so, why ratify a treaty at all? Alternatively, at least the provisions of the two international human rights covenants should be incorporated in the Constitution. That is not only a matter of sound common-sense and prudent governance; it is also a solemn treaty obligation.
Ex Post Facto review of Legislation
The concept of anticipatory review of a Bill is intrinsically flawed. It is a procedure whereby a Bill is examined and tested for constitutionality, not with reference to an act performed in the course of its actual implementation, but on a purely hypothetically basis. It is particularly important (even if the existing provisions for examining the constitutionality of Bills are retained) that the judicial review of legislation be restored. It is often when a law is being applied that its negative impact on a fundamental right, or on any other provision of the Constitution, becomes evident; not when a Bill is examined in the abstract.
The meaning and content of laws also do not remain frozen in time. Consider, for instance, the Right to Life, which was originally thought to mean only the arbitrary deprivation of life. Over the years it has been interpreted to include the right to food, the right to livelihood, protection from the illicit dumping of toxic and dangerous substances and waste, access to medical services and protection from nuclear weapons, as well as the protection of the unborn child. The concept of Torture now includes minimum or mandatory sentences, and corporal punishment in schools. These are contemporary definitions of constitutional provisions which judges and lawyers may not have invoked when a particular Bill was examined in the abstract.
A Constitutional Court
The concept of constitutional jurisprudence is now a permanent feature of democratic political systems. It is derived from the principle of the separation of powers. A Constitutional Court, consisting of judges possessing the required expertise, should be established at the apex of the judicial hierarchy to exercise the fundamental rights and constitutional jurisdictions, including the judicial review of legislation. It will also enable the Supreme Court and other regular existing courts to focus on the enormous backlog that has developed over the years. The Constitutional Court does not review decisions of other courts but may do so if a question of great general or public importance arises in the proceedings of any court. It is a specialized court whose fields of competence are distinct from those of the Supreme Court.
Permanent Secretaries
The 1946 Constitution required a Permanent Secretary to exercise supervision over the departments assigned to the Ministry “subject to the general direction and control of his Minister”. General direction and control referred to matters of policy only, as clarified by Prime Minister Dudley Senanayake. In the 1972/1978 Constitutions the word “general” was deleted. Thereafter, the Permanent Secretary was required to perform his functions “subject to the direction and control” of the Minister, while being himself personally responsible to Parliament as “the chief accounting officer” of the Ministry. The Minister, and through him numerous parliamentarians and constituents, became directly involved in the decision-making processes of government departments without incurring any accountability. The process of politicising the public service began. It is essential that the 1946 provision be reinstated.
CONCLUSION
We need to look ahead to the next 25 years and ask whether the framework of governance prescribed in the 1970s is appropriate or adequate to meet the challenges of the new millennium. Instead of regular and repeated assertions of Independence and Sovereignty, which reminds one of the fish that grows in a pond and considers itself the king of the sea, we must awaken to the reality that Sri Lanka, in common with the rest of the world, is now inextricably linked to the global village. As a former Chief Justice of Kenya once observed, we must not overstay our welcome in the pond when the ocean beckons.
Dr Nihal Jayawickrama, LL.B (Ceylon), Ph.D (London) is a former Permanent Secretary to the Ministry of Justice who also served briefly as Attorney-General. He was Associate Professor of Comparative Constitutional Law at the University of Hong Kong, and the Ariel F. Sallows Professor of Human Rights at the University of Saskatchewan in Canada. He is the author of The Judicial Application of Human Rights Law (Cambridge University Press, 2002, 2nd ed.2017, 1200 pp). This article is based on a paper presented by him at the Sri Lanka Law College 150th Anniversary International Research Conference last week.
Features
Revolt in the Temple: Poverty as Structural Control
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
Features
Are threats to Buddha Sasana external or from within?
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
Features
Vijaya Kumar: Academic, Activist & Genial Fellow-Traveller
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
-
News7 days agoPolice probe underway to ascertain links between criminals deported from UAE and local politicians
-
News2 days agoIMF urges Lanka not to meddle with exchange rate
-
News6 days agoEaster Sunday carnage: Court told Maulana’s statement cannot be accepted without cross-examination
-
News6 days agoUK passport holder hiding here wants to have deportation order rescinded to leave without blemish
-
Opinion6 days agoUndermining the democratic political framework
-
Features3 days agoThe Division Bell Mystery
-
News7 days agoDickoya double murder suspect arrested
-
Midweek Review5 days agoIsraeli-US aggression won’t go unanswered -Iranian Ambassador

