Midweek Review
Anti-Terrorism Bill aims at creating fascist dictatorship
By Kalyananda Tiranagama
The Ranil-MaithriYahapalana government, which came to power in 2015 presented its ‘Counter Terrorism Bill’ in Parliament on October 9, 2018 in compliance with its commitments to the Geneva UN Human Rights Council under the Resolution on Sri Lanka co-sponsored by Sri Lanka together with 10 other countries headed by the United States of America in September 2015.
The Yahapalana government had given an undertaking to the UNHRC ‘‘to review the Public Security Ordinance and to review and repeal the Prevention of Terrorism Act and to replace it with anti-terrorism legislation in accordance with contemporary international best practices.’’
Sri Lanka dealt with insurgent activities/terrorist crimes under the Emergency Regulations proclaimed under the Public Security Ordinance and /or the provisions of the Prevention of Terrorism Act (PTA) No. 48 of 1979. PTA was enacted to deal with groups of persons or associations advocating the use of force or commission of crime for seeking change of government and resorting to acts of murder and threats of murder of Members of Parliament and of local authorities, police officers, and witnesses to such acts and other law-abiding citizens and other acts of terrorism such as armed robbery, damage to state property and other acts involving actual or threatened coercion, intimidation and violence. Political activities and public agitations against the government were not dealt with under the PTA.
Offences under the PTA
Only the following acts were offences under the PTA: (a) Causing the death, grievous hurt, kidnaping or abduction of any specified person; (Specified persons are Judges, foreign diplomats, Members of Parliament and of local authorities, Court officers, police and army officers); (b) Causing the death, grievous hurt, kidnaping or abduction of witnesses to such acts and other law-abiding citizens; (c) Criminal intimidation of any such person; (d) robbery of government or public property; (e) causing mischief to government or public property; (f) importing, manufacturing or collecting firearms, offensive weapons or explosives without lawful authority; (g) having such material in possession in a security area; (h) causing commission of acts of violence or religious, racial or communal disharmony or feelings of ill-will or hostility between different communities or racial or religious groups ; (i) mutilating or defacing name boards or inscriptions on roads and other public places; (j) harbouring, concealing or hindering in manner apprehension of persons involved in terrorist acts.
No offence under the PTA is punishable with death. The maximum penalty even for murder (paragraph (a) & (b) above) under PTA is life imprisonment. A person convicted of any other offence is liable to be punished with imprisonment for a period not less than 5 years and not exceeding 20 years.
Though there is so much demand for its repeal, PTA did not pose any threat to democratic political activities, public protests or other organised political campaigns against the policies and activities of the government in power harmful to the people or the country.
The Counter Terrorism Bill was brought by the Yahapalana Government aiming at achieving 3 objectives:
a. To suppress all democratic dissent, public agitations and mass protests against its anti-national, anti-popular policies by declaring them as terrorist acts;
b. to surreptitiously creep into the Bill some of the Emergency Regulations brought into force when a State of Emergency is declared under the Public Security Ordinance as part of the normal law of the country;
c. To appease TNA, Tamil Diaspora and NGO Human Rights lobby by liberalising the provisions in the PTA required to deal with real terrorist threats posed against national security and territorial integrity of the country.
Suppressing Democratic Dissent
Replacing the Counter Terrorism Bill, now Ranil Wickremesinghe government has brought the Anti-Terrorism Bill, further strengthened with newly added provisions to more effectively curb democratic and fundamental rights of wider strata of people. Anti-Terrorism Bill has been published in the Govt Gazette of March 17, 2023. Before analysing and discussing the provisions in the Anti-Terrorism Bill, let us examine the provisions in the Counter Terrorism Bill, which had come before the Supreme Court, for a better understanding of the sinister motives of the movers of this Bill.
Most of the Provisions in the Counter Terrorism Bill and the Anti-Terrorism Bill have the effect of outlawing all legitimate political campaigns and public protests, branding them as terrorist acts punishable with long term jail sentences. This was the most dangerous, anti-democratic Bill ever presented to our Parliament in its history. It is inevitable that Sri Lanka will become a Fascist dictatorial state without any room for the people to conduct public protests against the government policies and activities however harmful they may be to the people and the country. No trade union, professional association, people’s organisation or an opposition political party will be able to carry on mass protest campaigns to compel the government to desist from acts harmful to the country and the people or to take necessary steps for the welfare of the people.
Horrendous Provisions in the Anti-Terrorism Bill
In the Counter Terrorism Bill (CTB) and the Anti-Terrorism Bill (ATB) the term ‘terrorist act’ has been described in such wide terms so as to bring in all legitimate, democratic, mass political and protest campaigns against government policies within the definition of terrorist act. Let us examine the relevant provisions of these Bills.
CTB – S. 3 (1) Any person, who commits any act referred to in subsection (2), with the
intention of: (a) intimidating a population; (b) wrongfully or illegally compelling the govt. of Sri Lanka or any other government, or an international organization to do or to abstain from doing any act; © preventing any such govt. from functioning; or (d) causing harm to the territorial integrity or sovereignty of Sri Lanka or any other sovereign country, – shall be guilty of the offence of terrorism.
(2) An act referred to in subsection (1) shall be – (a) murder, attempted murder, grievous hurt, hostage taking or abduction of any person;
(b) endangering the life of any person; Causing serious damage to property, including public or private property, any place of public use, a state or govt. facility, any public or private transportation system, or any infrastructure facility or environment;
(d) Causing serious obstruction or damage to essential services or supplies;
(e) Committing the offence of robbery, extortion or theft in respect of the state or private property;
(f) Causing serious risk to the health and safety of the public or section thereof;
(g) Causing obstruction or damage to, or interference with any electronic or automated or computerised system or network or cyber environment of domains – assigned to Sri Lanka;
(h) Causing obstruction or damage to, or interference with any critical
infrastructure or logistic facility associated with any essential service or supply;
(g) Causing destruction or damage to religious, cultural property or heritage.
The above provision in S. 3 of the CTB has been included in the ATB, further strengthening it with several changes so as to encircle a wider group of people within the net. The changes made are shown underlined in italics.
ATB – S. 3 (1) Any person, who commits any act or illegal omission referred to in subsection (2), with the intention of:
Now not only doing an act, but refraining from doing or failure to do an act also becomes a terrorist act.
(a) intimidating public or section thereof ;
In the CTB, it is intimidating a population – an act affecting a large group of people. Now it can cover any act affecting even a very small group of people.
(b) wrongfully or illegally compelling the govt. of Sri Lanka or any other government, or an international organization to do or to abstain from doing any act; © unlawfully preventing any such govt. from functioning; or (d) violating the territorial integrity or sovereignty of Sri Lanka or any other sovereign country,
(e) propagating war or advocating national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence – shall be guilty of the offence of terrorism.
This item (e) which was not in the CTB, may have been added with a view to silencing the patriotic groups clamouring against the granting of 13+ and other unreasonable demands of extremists and separatists.
Another item which was not in the CTB, has been added to the list of terrorist offences in S. 3 (2) of the ATB, rendering every participant in a public protest, or agitational campaign liable to be indicted for committing terrorism.
(l) Being a member of an unlawful assembly for the commission of any act or illegal omission set out in the above paragraphs.
If the Galle Face struggle for the ouster of the President or Govt. conducted at a time after this Bill has become law, all those lawyers and other public figures who visited Gotago Gama in support of the struggle would have, not only lost their jobs, but ended up as terrorists serving long term jail sentences.
New Offences introduced by ATB targeting at all Media – Encouragement of Terrorism
Two new offences, having the effect of controlling all media, which were not in the CTB, have been introduced by ATB – Encouragement of Terrorism – S. 10 and – Disseminating Terrorist Publications – S.11’
S, 10 –(1) Any person (a) who publishes or causes to be published a statement, or speaks any word or words or makes signs or visible representations likely to be understood by some or all members of the public as a direct or indirect encouragement or inducement for them to commit, prepare or instigate the offence of terrorism; and
(b) Such person – (i) intends directly or indirectly to encourage or induce the public to commit, prepare or instigate the offence of terrorism; (ii) is reckless as to whether the public is directly or indirectly encouraged or induced by the statement to commit, prepare or instigate the offence of terrorism
(2) The above provision shall apply to any person (a) who publishes or causes to be published a statement referred to above using (i) print media; (ii) internet; (iii) electronic media; or (iv) other form of public notice.
(3) For the purpose of this section, (i) a ‘’statement’’ includes every statement (a) which glorifies the commission of the offence of terrorism or preparation for the offence of terrorism.
(4) For the purpose of this section, the question as to how a statement is likely to be understood and what the members of the public could reasonably be expected to infer from it shall be determined, having regard both to – (a) the contents of the statement as a whole; and (b) as to the circumstances and manner of its publication.
(5) if any person proves to the satisfaction of the High Court that a statement referred to above neither expressed his views nor had his consent or approval for publication in all the circumstances of its publication, the Court may order that he is not guilty of an offence under this section.
* Burden of proof of innocence is shifted to the accused.
Disseminating Terrorist Publications
S, 11 – A person commits an offence under this Section, if he (a) distributes or circulates; (b) gives, sells or lends; (c) offers for sale a terrorist publication; (d) provides a service enabling others to obtain, read, listen to or look at a terrorist publication; (e) transmits contents of it electronically (f) keeps a terrorist publication in his possession , (i) intending directly or indirectly to encourage or induce the public to commit, prepare or instigate the offence of terrorism; or (ii) being reckless as to whether the public is directly or indirectly encouraged or induced by the publication to commit, prepare or instigate the offence of terrorism; using (i) print media; (ii) internet; (iii) electronic media; or (iv) other form of public notice.
(3) For the purpose of this section, (i) a publication includes every publication (a) which glorifies the commission of the offence of terrorism or preparation for the offence of terrorism and (b) from which public may infer that what is glorified is the conduct that should be emulated by them in existing circumstances.
If this law remained in force at the time of the Galle Face struggle, there is no doubt that most of the print, electronic and social media personnel who gave publicity through their media to men and women playing a leading role in the struggle would have ended up in jail by now.
Penalties for offences under S. 6, 7, 8, 9, 10 & 11
S.13 (1) – Any person convicted by High Court of any offence under Ss. 6,7, 8, 9, 10 or 11 – Rigorous imprisonment for a term not exceeding 15 years and fine not exceeding one million rupees.
– (2) on conviction for any of these offences High Court may order forfeiture of all movable and immovable property in the possession of that person which the Court considers to be connected with the commission of the offence.
S. 14 (1) – Penalty for attempt, abetment, conspiracy or doing any preparatory act for the commission of the above offences – Rigorous imprisonment for a term not exceeding 10 years and fine not exceeding one million rupees.
Failure to provide information an Offence
S. 15 – Any person (a) knowing or having reason to believe that (i) another person has committed an offence under the Act, or (ii) is making preparation, attempting, abetting or conspiring to commit an offence, fails to report to the OIC of the nearest PS; (b) having information about a person who has committed an offence under the Act fails to provide such information, or gives false or misleading information to a Police officer – guilty of an offence and liable to be punished with imprisonment for a term not exceeding seven years and fine not exceeding Rs. 500,000.
Disobeying Lawful Orders – an Offence
S. 16 – Any person who (a) violates or acts in contravention of any lawful directive or order made in terms of the Act; (b) willfully fails or neglects to comply with a direction made in terms of the Act; (c) fails to provide information or provides false or misleading information in response to a question put to him by a Police Officer conducting an investigation under the Act – commits an offence liable to be punished with imprisonment for a term not exceeding 2 years and fine not exceeding Rs. 500,000.
(To be continued)
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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