Features
Anura B’s ruling
The following is a summary of Speaker Anura Bandaranaike’s ruling:
Hon. Members, I wish on this occasion, to make a statement concerning an issue which is of the utmost importance and vital concern to all members of this House, which has been occasioned by an unprecedented event which occurred two weeks ago, namely, the issue of two orders by the Supreme Court seeking to restrain me, as your Speaker, from appointing a Select Committee of Parliament under and in terms of Standing Order 78A of the Standing Orders of Parliament.
These orders purport to be made by the Court as interim measures prior to the final determination of two Applications, SC FR 297/2001 and SC FR 298/2001, in which the Petitioners allege that there is an imminent infringement of certain fundamental rights, to which they claim to be entitled, by reason of the envisaged appointment of a Select Committee in terms of the aforesaid Standing Order, pursuant to the notice of the resolution received by me from certain members of this House.
The further orders contemplated in the two applications made to the Court, are of a very far-reaching nature and if granted would entail a stoppage of the contemplated proceedings under Standing Order 78A, which, Hon. Members would be pleased to see, is a complete and decisive intervention, amounting to an interference, with the internal affairs of this House, over which the House alone is complete master and in sole control. This is a right and privilege which elected Legislatures of this country have long enjoyed and claimed to possess without it ever being challenged by any Court or other authority and ungirdled by the laws and the Constitutions that have governed our affairs.
But considering the fact that the questioning of this undoubted right and privilege emanated from the apex Court of this country, I have thought it fit to give the matter the most careful consideration and have sought the advice of learned counsel in the elucidation of this question, which has given rise to controversy.
I have done my own researches into the problem on this matter which only confirm my long-held convictions of the plenary freedom and autonomy of Parliament in the conduct of its own affairs and my intuitive resistance against all attempts from external sources to intervene in this exclusive sphere – a conviction borne out of my own experience as a Parliamentarian which stretches for nearly a quarter of a century.
I am also deeply conscious of my responsibility and obligation as your Speaker and as the custodian of the historic rights and privileges of this Assembly and its members, to be ever vigilant against such intrusions from any place outside this House, which have the effect of impeding the conduct of the affairs of Parliament on the supposed ground of enforcing the constitutional or legal rights of others. These rights and privileges are considered to be essential to the proper performance of the functions and duties of this House, and they constitute the collective inheritance of Parliament, empowered by the law of the State that neither the Speaker nor any single member of the House can renounce or surrender or otherwise abrogate.
Any such right, privilege, immunity or power does not cease unless it be by legislative amendment of the current law. The law on this subject is set out in the Parliament (Powers and Privileges) Act No. 21 of 1953 as amended by Law No 5 of 1978 and Act Nos 17 of 1980, 25 of 1984, 37 of 1987 and 27 of 1997. This Law has all along been acknowledged to be the governing law by the Courts of this country whenever any such question arose for determination and the Courts have upheld the rights, privileges, immunities and powers of Parliament. No other law can be regarded as superseding this law as the Constitution itself recognizes its continuing legal efficacy, until Parliament decides otherwise.
If I may briefly summarize its main provisions, the present law on this subject came to be enacted in 1953 when the Ceylon (Constitution) Order-in-Council of 1946 as amended was in force.
The foundations of the law relating to the powers, rights and privileges of Parliament rest on the necessity “to maintain its independence of action and the dignity of its position” (Halsbury Laws of England Vol 34 (4th Ed) para 1479). The exclusion of the jurisdiction of the Courts to exercise any control over the acts of the Speaker and the officers of the Legislature, has been recognized in our own law, for well over half a century. It was so provided in Section 29 of the State Council (Powers and Privileges ) Ordinance No 27 of 1942. It is a historic privilege recognized in the United Kingdom from ancient times and forms an integral part of our system of parliamentary democracy which has drawn heavily from their practice in the development of our own traditions. As was observed by Stephen J in Bradlaugh v. Gossett (1884) 12 QBD 271
“I think that the House of Commons is not subject to the control of Her Majesty’s Courts in the administration of that part of the statute law which has relation to its own internal proceedings
It seems to follow that the House of Commons has the exclusive power of interpreting the statute, so far as the regulation of its own proceedings within its own walls is concerned; and that, even if that interpretation should be erroneous, this Court has no power to interfere with it directly or indirectly.” (pg 280 – 281)
Speaker Anura Bandaranaike then went on to cite several British judgments relevant to this matter as well as a judgment by HNG Fernando which pronounced on the subject at issue.
As was observed by an eminent judge of our own Court H.N.G.Fernando J (as he was then) in Attorney-General v. Samarakkody (1955) 57 NLR 412, Section 3 of the Parliamentary (Powers & Privileges) Act of 1953 is an adaptation of Article 9 of the Biil of Rights. In that case in proceedings taken under Section 23 (1) of the Act, on an Application made to the Supreme Court, on an allegation that the Respondents were guilty of an offence triable by the Supreme Court, it was held that the conduct of the Respondents, even if it was disrespectful was not justiciable by the Supreme Court.
It is difficult to appreciate how, notwithstanding these statutory provisions, paragraphs 37 and paragraphs (c) (d) and (e) of the prayer in each of the Petitions, came to be included and on what basis the Court’s jurisdiction came to be invoked in respect of proceedings in Parliament.
Apart from the force of the general provision in Article 168 (1) of the Constitution, the matter is put beyond any doubt by Article 67 of the Constitution which expressly provides that until the privileges, immunities and powers of Parliament and of its members are determined and regulated by Parliament, by law (made under the present Constitution), the provisions of the Parliament (Powers and Privileges) Act shall, mutatis mutandis, apply.
Impeachment signifies a questioning of any conduct on an allegation of fault, error or wrongdoing. From the contents of the two Petitions filed in the Supreme Court, it appears that petitioners are questioning the legality and the constitutionality of the course of action, which Parliament had adopted ,pursuant to the provisions of Article 107 (3) of the Constitution, in framing Standing Order 78A which the Petitioners contend violate various provisions of the Constitution.
I am unhesitatingly of the opinion that the declaration sought in paragraph (c) and the two orders sought in paragraphs (d) and (e) of the prayer to the petitions are clearly situations where a proceeding in Parliament is sought to be impeached or questioned. and such conduct is prohibited by Section 3 of the Parliament (Powers and Privileges) Act of 1953, which the Speaker ought in law to resist and is obliged to object to, on behalf of Parliament and the sovereign rights to which it is heir. I am fortified in this conclusion by a consideration of the British practice. The embargo on any external interference or intervention, in respect of proceedings in Parliament, is of special significance for the effective control over the business of Parliament.
Speaker Bandaranaike thereafter quoted the Erskine May, a widely acknowledged authority on parliamentary procedure and several more precedents from the British courts in support of the contention that the courts could not interfere in the conduct of parliamentary business.
“The whole of the law and custom of Parliament has its origin from one maxim, “that whatever matter arises concerning either House of Parliament ought to be examined, discussed and adjudged in that House to which it relates and not elsewhere.”
Bndaranaike said the foregoing decisions of the Courts of the United Kingdom have been followed in Sri Lanka, being in accord with the law of this country. – vide Attorney-General v. Samarakkody (cited earlier) and the recent case of Gomes v. M.H.Mohamed, Speaker of Parliament (1991) 2 SLR 408, where the Petitioner sought writs of Certiorari and Mandamus against the Respondent who was the Speaker of Parliament. The Petitioner in that case alleged that having entertained the notice of a resolution, seeking the impeachment of President R. Premadasa under Article 38 (2) (a) on 28.08.91 he had, instead of performing his constitutional and statutory functions, under Article 38 (2) (c) had informed His Excellency the President that he “ceased to entertain” the resolution which he had earlier accepted. The Petitioner sought to quash the later decision which claimed to “cease to entertain” and compel by Mandamus the performance of the subsequent steps required to be done under Article 38 (2).
Wijeyaratne J observed at pg 414, “Undoubtedly these are statutory duties laid down in the Constitution but nevertheless they are part of the proceedings of Parliament, therefore this Court is precluded from examining these matters.”
It is my view that the right of the Speaker to appoint a Select Committee, in terms of the said Standing Order 78 is also a proceeding of Parliament having the privilege of immunity to being impeached, questioned or interfered with by any Court of Law. In this regard it is pertinent to quote the submissions of Mr. S. Nadesan, Q.C., on 251h September 1984 before the Select Committee appointed in respect of the removal of the Hon. N.D.M.Samarakoon Q.C. from the office of Chief Justice (Vide pages 199 and 200 of the said Report) of which Select Committee I was privileged to be a Member.
Mr. Sarath Muttettuwegama, M.P.: The appointment of a Select Committee does not depend on a resolution?
Mr. Nadesan Q.C.: Yes. Once you send that resolution for the removal on the ground of misbehaviour, then the Speaker automatically functions.
The Chairman: Your point is that he has no other (Hon. Lalith Athulathmudali) option. Neither has Parliament the option. As the resolution is tabled it has to go to the Select Committee. He cannot refuse.
Mr. Nadesan Q.C.: The Speaker takes over, he cannot refuse. Then immediately he shall appoint a Select Committee of Parliament. It is called a Select Committee, because it is selected – that is alright – consisting of seven members to investigate and report to Parliament on allegations of misbehaviour or incapacity set out in such resolution. He has done that.…
he Speaker said: Finally, if I may summarize the decisions which I have reached on the several issues that have arisen:
1. The Supreme Court had no jurisdiction to issue the interim orders restraining the Speaker of Parliament in respect of the steps he is empowered to take under Standing Order 78A.
2. The aforesaid interim orders dated 6th June 2001 are not binding on the Speaker of Parliament.
3. There is no legal obligation to comply with the said orders.
I will now proceed to instruct the Secretary General of Parliament to place the Motion in the Order Paper.
In conclusion, might I be permitted, on a personal note, to say that I am, indeed, proud to belong to a family that has had the unparalalled and unique privilege of continuously serving the Legislature of this Nation, since, 1932, for nearly 70 years.
Therefore, I deem it a singular honour that fate has bestowed upon me, as Speaker of this august Assembly, by affording me the historic opportunity of reaffirming the principles underlining the supremacy of Parliament. Since I commenced my Parliamentary career in 1977, 1 have often quoted in this House, the words of the Bard from Stratford Upon Avon, William Shakespeare. In his monumental play ‘HAMLET’, he spoke thus:-
“This above all: to thine own self be true And it must follow as the night the day Thou canst not then be false to any man”
Hon. Members of Parliament, throughout my political and Parliamentary career, I have had to face periods of difficulty, great turmoil and greater perplexity, which required me to make important decisions and painful choices.1 have done so unhesitatingly by doing the correct thing and have acted according to the dictates of my conscience.
I thank every one of my Honourable friends from both sides of the House, for their attention and patience.
Features
People’s mandate and judicial legitimacy
Sri Lanka is witnessing the dismantling of the culture of impunity that dominated public life for decades. This is happening through the courts, police investigations and legal process. It is not an easy task and requires strong leadership as it is generating strong resistance. The ongoing revelations about the nexus between politicians, including those at the highest levels, and criminal networks show that the government’s electoral mandate with regard to corruption and crime is now being translated into action through the legal system. The vote of the people at the last national elections was for a corruption free country and an end to the climate of impunity that had prevailed for decades. They voted for a system change that would replace impunity with accountability under the rule of law. They expected those who had looted the country and brought it to the point of bankruptcy to be held accountable through the due process of law.
The cases that are being investigated by the police, in tandem with the Attorney General’s Department, and adjudicated by the judiciary are based on hard evidence. Much of the evidence that is now receiving publicity had been available several years ago and had even entered the legal process. In the past those cases failed to reach fruition. Investigations lost momentum, prosecutions failed to marshal the available evidence and many cases were dismissed, some on technical grounds. Between 2019 and 2024, a total of 102 cases were withdrawn from the courts by the government authorities. The public knew, or strongly believed, that corruption and serious crimes had taken place. The inability to establish wrongdoing before a court of law and hold those responsible accountable created a climate in which political power appeared to provide protection from legal accountability.
A countrywide study titled Factors Guiding Voter Preference in Elections in Sri Lanka was commissioned by the National Peace Council prior to the 2024 elections under the European Union funded project Active Citizens for Elections and Democracy and conducted by researchers Dr Mahesh Senanayake and Ms Crishni Silva of the University of Colombo. It found overwhelming public support for accountability and good governance. While 93 percent of respondents identified resolving the economic crisis as their foremost electoral concern, an equally striking 83 percent said they prioritised candidates committed to fighting corruption. The mandate given to the government can, therefore, be interpreted to mean to restore integrity to public life and end the long standing culture of impunity.
Different Approach
Today, it can be seen that the police, the Commission to Investigate Allegations of Bribery or Corruption, the Attorney General’s Department and the judiciary are approaching matters of impunity in respect of corruption and crime in a manner that is markedly different from the past. Several persons who formerly occupied high office have now been subjected to due legal process and, in a number of cases, convicted after judicial scrutiny at different levels of the court system. This is an important difference from earlier years when cases involving politically prominent persons frequently failed to proceed or collapsed before reaching their conclusion. The strength of the present accountability process lies not only in the convictions that have been secured but also in the growing public confidence that no one is above the law. It is in this context that reports of a government proposal to extend by two years the retirement age of judges of the Supreme Court and the Court of Appeal have generated support from those who wish to see the present accountability process continue and opposition from those who see it as an attempt to influence the judiciary.
Many countries have increased judicial retirement ages in recognition of longer life expectancy and the value of retaining experienced judges. This has not only been limited to the judiciary but also the academia and the public service. However, the controversy in Sri Lanka is due to the context and as the proposal for an extension of the period of service of judges of the superior courts comes at a time when the courts are hearing politically significant corruption and criminal cases. The Bar Association of Sri Lanka has taken the lead in questioning the proposed constitutional amendment. The BASL has stated that it “notes with grave concern” reports that the government is considering increasing the retirement age of judges of the Supreme Court and the Court of Appeal. It has warned that extending the tenure of sitting judges at this point of time is likely to be viewed by the public as an attempt to interfere with the independence of the judiciary.
The main issue raised by the BASL is therefore one of preserving public confidence in the administration of justice. A discussion organised by the BASL also highlighted that this issue has implications beyond Sri Lanka. Representatives of the Commonwealth Lawyers Association and LAWASIA acknowledged that many countries have increased the retirement age of judges in recognition of greater life expectancy and the value of retaining experienced judges. Their concern was not with increasing the retirement age itself but with changing the tenure of sitting judges while politically significant corruption cases are before the courts. In such circumstances, even well intentioned reform could create a public perception that the judiciary is being influenced to take forward the government’s mandate in a partisan manner.
Maintain Confidence
The challenge before the government is to preserve two equally important objectives. The first is to continue implementing the people’s mandate to hold the corrupt and those responsible for grave crimes accountable before the law. The second is to ensure that nothing is done which could diminish public confidence in the independence and impartiality of the judiciary that is entrusted with carrying out that responsibility. The strength of the present accountability process lies in the confidence it has generated among the public that investigations, prosecutions and judicial decisions are being made according to law as in the convictions that have been secured. Sri Lanka has come a long way from the days when politically sensitive cases rarely reached a successful conclusion. It would be unfortunate if doubts regarding the independence of the judiciary were to overshadow what has otherwise been a significant institutional achievement.
In the face of the concerns expressed by the BASL, opposition political parties and international legal organisations, it would be prudent for the government to widen the discussion on the proposed amendment. If there is a compelling case to increase the retirement age of judges of the superior courts, that case should be placed before the public and parliament and debated openly. Such a constitutional amendment should not rest solely on the government’s parliamentary majority, even if it has the numbers to secure its passage. Simply utilising the numbers that the government on its own to make changes to the constitution will not increase its legitimacy or credibility. Those values will be strengthened if they were preceded by public consultation and supported across party lines in Parliament. Bipartisan political support can be expected from those in the opposition, of whom there are many, who have shown an inclination to practice responsible politics in the national interest.
The people voted not only to change a government but to change a system. They expected those who abused public trust to be held accountable through institutions that commanded public confidence. That expectation is beginning to be fulfilled. It should not be placed at risk by constitutional change that lacks broad public acceptance. If the government believes there is a compelling case to extend the retirement age of the judges of the superior courts, it should first make that case to the people and seek bipartisan support in Parliament with those in the opposition who are also sincere about anti-corruption and good governance. The challenge is to protect the independence of the judiciary while ensuring that no one is above the law. Overcoming this challenge is the surest way to make Sri Lanka’s transition from a culture of impunity to one of accountability a lasting one.
by Jehan Perera
Features
Intelligence-led governance: the strategic path to a sovereign nation
In an increasingly volatile and interconnected world, the strength of a nation is no longer determined solely by the size of its military, the abundance of its natural resources, or the growth of its economy. The true measure of national strength lies in the resilience of its institutions, the confidence of its people, the effectiveness of its governance, and its ability to anticipate and respond to emerging challenges before they become national crises.
The twenty-first century has introduced a security landscape that is far more complex than ever before. Nations today confront not only conventional military threats but also terrorism, organised crime, cyber-attacks, economic instability, disinformation, climate change, pandemics, energy insecurity, irregular migration, financial crimes, and geopolitical competition. These challenges are interconnected and demand integrated responses rather than isolated solutions.
To navigate this evolving environment successfully, every nation requires a shared strategic vision supported by strong institutions working in harmony. At the centre of this vision should be a modern, professional, and intelligence-led system of governance that enables informed decision-making, protects democratic values, and promotes sustainable national development.
A Shared Strategic Vision
Every successful nation should aspire towards a common national vision:
A Sovereign Nation Happy People Peaceful Society Prosperous Economy A Respected Global Partner
These are not independent aspirations but interconnected national outcomes. Achieving them requires every State institution to work collectively under a common strategic framework rather than as isolated entities pursuing individual objectives.
A sovereign nation is one that possesses not only secure borders but also strong institutions, economic resilience, social cohesion, and the confidence to make independent national decisions. Sovereignty today extends beyond territorial integrity to include economic security, cyber resilience, energy security, food security, environmental sustainability, and protection against external influence.
Good Governance: The Cornerstone
The foundation of every successful nation is good governance.
Transparency, accountability, integrity, professionalism, and efficient public administration create an environment where citizens trust their institutions and investors have confidence in the country’s future. Corruption, political interference, inefficiency, and weak institutions undermine national resilience and weaken sovereignty from within.
Good governance is not merely an administrative principle; it is a national security imperative.
When public institutions function efficiently, public services improve, economic opportunities expand, and social grievances diminish. This reduces vulnerabilities that extremist groups, organised criminals, and foreign actors often exploit.
The Rule of Law and Judicial Independence
An independent judiciary is one of the strongest pillars of democracy.
Justice must be administered impartially and without fear or favour. Citizens must have confidence that the law applies equally to everyone, regardless of social status or political influence.
Judicial independence strengthens public confidence, attracts foreign investment, and reinforces national stability. Investors are more likely to invest in countries where contracts are enforceable, disputes are resolved fairly, and property rights are protected.
Likewise, professional law enforcement agencies play a vital role in safeguarding public order. Intelligence-led policing, supported by modern investigative techniques, community engagement, and technological innovation, enables law enforcement to prevent crime rather than merely react to it.
Human Rights: A Strategic Asset
There is often a misconception that national security and human rights exist in opposition. In reality, they reinforce one another.
Respect for human dignity, equality before the law, freedom of expression, religious freedom, and constitutional rights strengthens national unity and social cohesion. Citizens who trust their institutions are more willing to cooperate with authorities, report suspicious activities, and participate in community safety initiatives.
Communities become the first line of defence against extremism, organised crime, and social unrest when mutual trust exists between citizens and the State.
Human rights should therefore be viewed not as obstacles to security but as essential components of sustainable national security.
Intelligence: The Strategic Nerve Centre
At the heart of modern governance lies an effective national intelligence network.
Traditionally, intelligence was associated primarily with military operations and counter-terrorism. Today, its responsibilities extend much further.
Modern intelligence supports political leadership by providing timely, accurate, objective, and actionable information that enables informed decision-making. It anticipates threats, identifies opportunities, and supports strategic planning across all sectors of government.
An effective intelligence system should be:
* Predictive rather than reactive.
* Preventive rather than investigative alone.
* Integrated rather than fragmented.
* Technology-driven rather than paper-based.
* People-centred rather than institution-centred.
Artificial intelligence, big data analytics, cyber intelligence, financial intelligence, geospatial intelligence, satellite imagery, behavioural analysis, digital forensics, and open-source intelligence are transforming the intelligence profession worldwide.
Countries that fail to modernise their intelligence capabilities risk strategic surprise and reduced competitiveness in an increasingly data-driven world.
Intelligence Beyond National Security
Modern intelligence should no longer be confined to counter-terrorism or espionage.
Its role should extend to supporting national development through the protection of critical infrastructure, monitoring economic trends, securing supply chains, safeguarding maritime interests, protecting natural resources, and assessing climate-related risks.
Intelligence should assist policymakers in areas such as:
* Economic planning
* Public health preparedness
* Disaster risk reduction
* Cybersecurity
* Energy security
* Food security
* Environmental protection
* Artificial intelligence governance
* Foreign policy
* Investment protection
An intelligence-led government anticipates future challenges instead of merely responding after crises emerge.
Whole-of-Government Cooperation
One of the greatest weaknesses in many developing nations is institutional fragmentation.
Government agencies often collect valuable information independently but fail to share it effectively. This creates duplication, delays, and missed opportunities.
A National Intelligence Fusion Centre should integrate information from intelligence services, police, armed forces, immigration, customs, financial intelligence units, cyber security agencies, disaster management authorities, health services, and environmental agencies.
Such integration provides decision-makers with a comprehensive national picture and significantly improves crisis management and strategic planning.
Economic Prosperity Through Security
Economic development depends fundamentally upon stability.
Foreign investors seek countries where governance is predictable, corruption is controlled, contracts are enforceable, infrastructure is secure, and political stability is maintained.
An effective intelligence system quietly protects these conditions by identifying threats to investment, monitoring organised crime, preventing financial fraud, protecting critical infrastructure, and safeguarding strategic industries.
Security and economic development are therefore mutually reinforcing.
Investment creates employment.
Employment reduces poverty.
Reduced poverty strengthens social stability.
Social stability reinforces national security.
International Partnerships
No nation can successfully confront modern threats alone.
Transnational organised crime, cybercrime, narcotics trafficking, terrorism, money laundering, illegal migration, and environmental crimes operate across borders.
Regional and global intelligence cooperation has therefore become indispensable.
Information sharing, joint investigations, coordinated maritime surveillance, and collaborative cyber defence significantly enhance national capabilities while strengthening diplomatic relationships.
Strong intelligence supports effective diplomacy.
Effective diplomacy enhances trade, investment, tourism, education, and technological cooperation.
Ultimately, international confidence contributes directly to national prosperity.
The Relationship Between National Stakeholders
National success depends upon collaboration among all stakeholders.
Government provides leadership and policy direction.
The judiciary safeguards justice.
Law enforcement protects public safety.
The intelligence community provides foresight and early warning.
Civil society strengthens social cohesion.
Educational institutions develop future leaders.
The private sector generates investment and innovation.
International partners facilitate trade, cooperation, and knowledge sharing.
Citizens themselves remain the most important stakeholders.
When these institutions operate with mutual trust, shared objectives, and effective coordination, they create a resilient State capable of responding confidently to both domestic and international challenges.
The Strategic Path Forward
Every nation requires a long-term vision rather than short-term political agendas.
That vision should place national interest above partisan interests and institutional collaboration above bureaucratic competition.
The pathway is straightforward:
Good Governance Independent Judiciary Professional Law Enforcement Protection of Human Rights Effective National Intelligence Network Political Stability Investor Confidence Economic Growth Foreign Direct Investment Peaceful Society Happy People A Sovereign Nation
This strategic chain demonstrates that sovereignty is not achieved through military strength alone. It is the cumulative outcome of good governance, justice, intelligence, economic resilience, and public confidence.
The future belongs to nations that can anticipate change, adapt rapidly, and make informed strategic decisions. Intelligence must therefore evolve from being viewed solely as a security function to becoming a central pillar of national governance and development.
A modern intelligence network should serve as the strategic nervous system of the State—connecting governance with justice, justice with security, security with economic prosperity, and prosperity with international respect.
A sovereign nation is ultimately one where institutions are trusted, citizens are protected, rights are respected, opportunities are created, and decisions are guided by knowledge rather than assumption. When all stakeholders work in harmony under a shared strategic vision, the result is a nation that is secure, prosperous, peaceful, and respected on the global stage.
The challenge before every developing nation is therefore not simply to strengthen its security apparatus but to embrace Intelligence-Led Governance as a national philosophy—one that integrates good governance, rule of law, human rights, innovation, and strategic foresight into a unified framework for sustainable national development. Such a vision will not only safeguard sovereignty but also ensure that future generations inherit a nation defined by stability, prosperity, and enduring peace
By Mahil Dole, SSP (Rtd.)
Features
The perfect victim: How institutions respond
It has been almost two months since the judgement of Abeyasinghe v Tilakaratne and others by the Supreme Court. Since then, I have often been asked a simple question, which I, too, have asked myself. “Has anything actually changed?” My answer is both yes and no. Judgements can uphold the law, direct institutions and clarify principles. But they cannot, by themselves, change cultures.
I shall take the liberty of writing this piece because, in the weeks following the judgment, I have found myself reflecting less on the outcome of the case and more on what it reveals about our institutions. Yet institutions do not change simply because a court has spoken. They change only when they are willing to question long-held assumptions, reflect honestly on their procedures and practices, learn from their shortcomings and act decisively to foster a culture that places accountability at its centre.
The myth of the perfect victim
One such assumption is about the conduct of the Ideal or Perfect victim. The concept of the “ideal victim” was first articulated by the Norwegian criminologist Nils Christie in 1986. Interestingly, Christie was not concerned with identifying those most likely to become victims of crime. Instead, his question was who is most readily recognised and accepted by society as a “real” victim? Society is often more willing to extend sympathy and credibility to victims who fit a particular stereotype. According to Christie, the “ideal victim” is someone perceived to be weak and vulnerable, engaged in a respectable activity, in a place where they have every right to be, harmed by someone clearly viewed as “big” or “bad,” and, importantly, a stranger rather than someone they know. These characteristics continue to influence how victims are perceived today. Although we may not consciously apply such criteria, they often shape our instinctive judgments about who deserves to be believed.
In the context of sexual violence within universities, the assumptions surrounding the ideal victim quickly begin to unravel. Power relationships within universities are often complex, and professional relationships may have existed before the misconduct. The alleged perpetrator may not be a stranger but a lecturer, supervisor, colleague, or fellow student. The complainant may continue interacting with the alleged perpetrator because academic progression or employment leaves little choice. When a victim does not fit the mould of the “perfect victim,” attention shifts away from the conduct of the alleged perpetrator and towards the conduct of the complainant.
What should be kept in mind is that victims respond to trauma differently. Some report immediately; many do not. Some become emotional; others appear composed. Some resign from their workplace, while others continue to work because they have no realistic alternative or because they wish to confront the violence head on. Some preserve every piece of evidence; others delete messages simply because they cannot bear to see them again. Yet these perfectly human responses are often interpreted as reasons to doubt credibility.
Universities provide a particularly complex setting for this phenomenon. Most complainants do not initially seek justice. More often, they simply want the harassment to stop so that they can continue their education or employment in an environment where they feel safe. Sometimes victims make anonymous complaints, not because they wish to avoid accountability, but because anonymity provides the only sense of security they have. During preliminary inquiries/ fact finding processes, confidentiality can often be maintained. However, if the matter proceeds to a formal disciplinary process, complainants are usually required to reveal their identities. It is at this point that many decide not to proceed further, not because the harassment did not occur, but because the personal cost of pursuing justice becomes overwhelming.
Perhaps this should prompt us to ask a different question. Instead of asking why anonymous complaints exist or why complainants don’t come forward (sooner), should we not ask why so many complainants feel unsafe engaging with the institutional process?
The subject of scrutiny
When survivors do come forward, they frequently encounter another familiar phenomenon, victim blaming.
“Why didn’t you complain earlier?”
“Why didn’t you go to the police?”
“If you were sexually harassed, why are you still working there?”
“Why did you continue interacting with him?”
“The reason this happened is because you showed positivity towards him.”
“There is no smoke without fire.”
Although these questions appear different, they have something in common. They all examine the behaviour of the complainant. Very few begin by asking why the alleged perpetrator behaved in the way described. The familiar proverb, “There is no smoke without fire,” is often used to suggest that the complainant must have done something to invite the misconduct. Yet perhaps we have misunderstood where the fire lies. The fire is not the complainant’s behaviour. The fire is the conduct of the alleged perpetrator. The complaint is the smoke that finally becomes visible.
These responses also reveal another contradiction. If a victim complains immediately, some might question their motives. If they delay, the delay becomes the issue. If they resign, they may be described as unstable or unable to cope. If they remain in employment, their continued presence is taken as evidence that the misconduct could not have been serious or that it never had happened. If they show emotion, they risk being dismissed as irrational. If they remain composed, they may be accused of exaggerating. In truth, there is often no version of events in which a complainant can satisfy every expectation placed upon them. If our systems only work for the “perfect victim,” then they were never truly designed for victims at all.
The silence that speaks
The recent judgment also prompted me to reflect on another aspect of institutional culture, silence. Within academia, even discussing judgments concerning one’s own institution may be framed as bringing the institution into disrepute. Such framing places academics in an impossible position. Those who speak are sometimes portrayed as being disloyal or as failing to respect the institution they serve. Yet genuine respect for an institution should not require silence in the face of injustice. Universities are places that encourage academic freedom, critical inquiry, evidence-based reasoning, and intellectual debate. They should, therefore, be places where uncomfortable conversations are not avoided but embraced.
The relative silence surrounding the judgment in academia raises important questions. Does silence reflect satisfaction that justice has been served? Does it reflect concern about damaging the reputation of one’s university? Does it reflect uncertainty about whether difficult institutional conversations are welcome? Or does it reflect a real or perceived fear of professional consequences for speaking openly? These are questions that deserve thoughtful reflection.
Post judgement reflections
At the same time, my experience in the weeks following the judgment has also been one of hope. Individuals who have experienced different forms of abuse have quietly come forward to share their own stories with me. Some have sought legal advice. Others have simply wanted someone to listen. Their experiences remind me that judgments do more than resolve disputes between parties. They send messages to those who have remained silent, that seeking justice remains possible. Perhaps that is one answer to the question I posed at the beginning of this article. Has anything actually changed? For some victims, I believe the answer is yes. A judgement can restore hope and encourage those who had previously felt that their voices would never be heard.
Yet judgments alone cannot erase trauma, restore lost years, or undo the personal and professional consequences that many victims endure. Courts can interpret the law, but they cannot, by themselves, transform institutional culture. Culture changes only when institutions and university communities are willing to learn from judgments rather than merely comply with them. It changes when realities of power imbalances are recognised, when credibility is assessed through evidence rather than stereotypes, and when the question “Why did the victim not come forward sooner?” is replaced with “What conditions made it so difficult for the victim to come forward?” Ultimately, the true value of a judgement lies not only in the orders it makes, but also in the conversations it inspires and the institutional self-reflection it demands. Whether anything truly changes will not depend on the judgement itself, but on whether institutions have the courage to learn from them.
(Udari Abeyasinghe is attached to the Faculty of Dental Sciences at the University of Peradeniya)
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
by Udari Abeyasinghe
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News2 days agoSingapore-based Buddhist monk marks nearly four decades of humanitarian service
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News3 days agoFreedom 250: US Embassy celebrates America’s 250th Independence Day through magic of American cinema
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News4 days agoCIABOC to question Harak Kata on Rs. 200 mn bribery allegation
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News4 days agoSLAF conducts successful rescue mission under UN command in Central African Republic
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Midweek Review6 days agoH’tota port’s strategic status remains focal point of geopolitical scrutiny
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News1 day agoAI concerned over proposed SL military deployment in Haiti
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News4 days agoUNEP support pledged to strengthen Sri Lanka’s Environmental Priorities
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Features2 days agoThe NPP’s New Challenge: Balancing Easter Lawfare and Economic Welfare
