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Midweek Review

Controversy over Katchatheevu ahead of Indian polls and Sirisena’s bombshell claim

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Indian Prime Minister, Shri Narendra Modi at St. Anthony's Church, in Colombo, Sri Lanka, on June 09, 2019. The then Sri Lankan Prime Minister Ranil Wickremesinghe is also seen. (pic courtesy India PM office)

Selection of targets, four in Colombo, one at Katuwapitiya, Negombo and one in Batticaloa, too, should have been investigated. The PSC never bothered to probe as to why the NTJ deliberately targeted a church in Batticaloa and the Tamil service at St. Anthony’s Church, Kochchikade. Over 60 Tamils worshippers perished in the Batticaloa and Kochchikade bombings. Over 100 received injuries. The deliberate targeting of the Tamil community was even ignored by the largest Tamil coalition, led by Illankai Thamil Arasu Kadchi (ITAK). Its spokesman and Jaffna District lawmaker M.A. Sumanthiran, a Christian, went to the extent of justifying the Easter Sunday carnage. President’s Counsel Sumanthiran did so at a public event held on April 29, 2019, at the BMICH. Why did the NTJ target both Sinhala and Tamil communities?

By Shamindra Ferdinando

Sri Lanka shouldn’t have been overly surprised by Indian Premier Narendra Modi’s declaration that Congress callously gave away the Katchatheevu Island to Sri Lanka.

Obviously, Premier Modi, eyeing a third term at the forthcoming general election (April 19 to June 1, 2024), wants to influence the crucial Tamil Nadu state. Modi lashed out at the Congress on March 31.

“Eye opening and startling! New facts reveal how Congress callously gave away Katchatheevu. This has angered every Indian and reaffirmed in people’s minds – we can’t ever trust Congress,”

Modi wrote on X obviously playing to the gallery, especially in Tamil Nadu. So, like most politicians, PM Modi, too, will stoop to any level.

The Bharathiya Janatha Party (BJP) leader also accused the Congress of weakening India’s unity. “Weakening India’s unity, integrity and interests has been Congress’ way of working for 75 years and counting,” Modi added.

External Affairs Minister S. Jaishankar reiterated Premier Modi’s concerns on the following day.

The Indian media reported that the issue at hand reemerged after a media report, based on an RTI reply received by Tamil Nadu BJP chief K Annamalai on the 1974 pact.

It was a meticulously planned propaganda project meant to influence the Tamil Nadu electorate, ahead of the general elections next week. Tamil Nadu goes to poll on April 19. The decision on the part of the BJP, in power since May 2014, to rake up this issue now, suggests that the BJP is under tremendous pressure.

Whatever errors the Gandhis may have committed during their long rule, yet no one can doubt their own zeal to hold a disparate country like India together, while still guarding its democratic foundations, unlike the unscrupulous West paying lip service to such ideals, while destabilizing any country that do not toe their domineering imperialist line. Nor can anyone deny the solid foundation they laid for India to become a global giant today in the fields of education, technology, industry, etc., despite its vast poverty.

The actual truth is that the BJP is clearly facing defeat once again in Tamil Nadu, where the Dravida Munnetra Kazhagam (DMK)-Congress alliance is expected to comfortably secure the majority of 39 Lok Sabha (Lower House) seats there and the one seat from Puducherry.

At the last general election, the DMK-led alliance won 38 out of 39 seats. Therefore, in spite of the Premier himself, and the much-respected and admired External Affairs Minister leading the BJP’s Tamil Nadu campaign, the outcome is very much unlikely to be in the ruling party’s favour.

India under Premier Indira Gandhi ceded Katchatheevu to Sri Lanka, in 1974, when she had such a good working relationship with our then PM Sirimavo Bandaranaike. It was several years before it began recruiting, training, arming and deploying Sri Lankan Tamil community against us, obviously to spite our then leader J. R. Jayewardene, known as Yankee Dickie because of his ardent pro-American views. JRJ was so arrogant, with his party commanding a 5/6 majority in our Parliament, he became blind to emerging regional realities and foolishly offered the Strategic Deep water Trincomalee harbour to the US, while his government members mockingly compared Mrs. Gandhi and her son Sanjay to Mrs. B. and her son Anura. When finally New Delhi militarily intervened here with an airdrop to force a halt to the first big ground operation at Vadamarachchi by the Lankan security forces to crush the Tigers in what was considered their lair, the Yankees failed to lift even a finger to save the JRJ government from humiliation. It would be pertinent to mention that India intervened here years before Sri Lanka’s conflict exploded, following the killing of 13 Lankan soldiers at Thinnaveli, in Jaffna, in July 1983. The often repeated claim that the war erupted, following the killing of ordinary Tamils, consequent to the Thinnaveli attack, is nothing but propaganda meant to justify separatist Tamil terrorist campaigns that at one time threatened to overwhelm Sri Lanka.

Sri Lanka should be ashamed of its failure to protect Tamil civilians. Instead of taking immediate measures to quell the violence, the then President J.R. Jayewardene, in his own wisdom, allowed killings and destruction of Tamil property.

The Indian intervention (Indian role in the killing of 13 soldiers by providing expertise and weapons) shouldn’t be used, under any circumstances, to justify attacks on the Tamil community, following the Thinnaveli attack, the first such ambush of a military patrol by Prabhakaran’s fast growing terrorist outfit, the LTTE.

Let me reproduce what late J.N. Dixit, who had served as Indian High Commissioner in Colombo (1985-1989) at the height of the Indian intervention here, said in his memoirs ‘Makers of India’s Foreign Policy: Raja Ram Mohun Roy to Yashwant Sinha’, launched in 2004, regarding the terrorist project here. Dixit didn’t mince his words when he found fault with the then Premier Indira Gandhi for two Indian foreign policy decisions. The relevant section verbatim: “…her ambiguous response to the Russian intrusion into Afghanistan and her giving active support to Sri Lankan Tamil militants. Whatever the criticisms about these decisions, it cannot be denied that she took them on the basis of her assessments about India’s national interests. Her logic was that she could not openly alienate the former Soviet Union when India was so dependent on that country for defence supplies and technologies. Similarly, she could not afford the emergence of Tamil separatism in India by refusing to support the aspirations of Sri Lankan Tamils.” (emphasis mine).

Dixit, hailing from neighbouring Kerala state, like so many of India’s top bureaucrats, served as Foreign Secretary (1991-1994) and National Security Advisor (May 2004-January 2005) before his sudden death. Dixit was 68 years old at the time of his death.

In hindsight, Indian military intervention in Sri Lanka cannot be justified under any circumstances. India and Indira Gandhi paid a huge price for that foolish decision to train terrorists. Likewise, Indian rhetoric over Katchatheevu Island shouldn’t be condoned though all know the BJP is playing politics to woo the fishing community vote there.

The boycotting of the two-day annual St. Antony’s Church festival at Katchatheevu, in late February this year, by Indian devotees, perhaps was influenced by interested parties in Tamil Nadu. Who would benefit from Tamil Nadu fishermen’s boycott of the religious event?

An absolute bombshell

Maithripala Sirisena

Just over a week before Premier Modi’s attack on Congress over the Katchatheevu affair, former Sri Lankan President Maithripala Sirisena declared that he was aware of the identity of the masterminds of the 2019 Easter Sunday massacre.

Sirisena, now an MP who represents the SLPP, told the Criminal Investigations Department (CID), a few days later, that he believed India engineered the Easter Sunday attacks. Sirisena, notorious for various unsubstantiated claims over the years, has asserted that the Easter carnage was meant to influence the Indian electorate during the previous general elections, conducted from April 11 to May 19, 2019.

At the time of the near simultaneous Easter Sunday blasts, Sirisena, his wife Jayanthi Pushpakumari, and other members of the then first family, were in Singapore. Controversy still surrounds whether the President was on a holiday or visiting Mount Elizabeth Hospital for a medical check-up, or both.

The President and members of his family flew to Singapore following a private visit to Tirumala, in Andhra Pradesh, to offer prayers at the hill shrine of Lord Venkateswara Swamy. Sirisena visited the shrine in February 2015 and August 2016, and the 2019 visit was his third.

What really prompted MP Sirisena to accuse India of masterminding the Easter Sunday terror project? Or who influenced the now beleaguered SLFP leader to make that accusation in Kandy?

Now the matter is before Maligakanda Magistrate Lochana Abeywickrema, who, on April 4, directed the CID to report the progress of the investigation to her Court on May 10. Pending the investigation, the statement recorded by the CID will remain confidential.

Did the 2019 Easter Sunday attacks have a bearing on the Indian general elections? Perhaps an examination of the 2019 election results, and comparison with previous polls, may help us to understand the post-Easter Sunday developments. Against the backdrop of MP Sirisena’s still unsubstantiated allegation, shouldn’t we examine whether the National Thowheed Jamaat (NTJ) suicide bombing campaign helped the BJP?

The NTJ struck amidst India’s staggered general election that began on April 11 and continued till May 19.

Did the NTJ operation influence the Indian electorate? Sri Lanka cannot afford not to examine every possibility to prevent the NTJ, or its affiliates, undertaking fresh terror projects. Who really provided the wherewithal to the perceived leader of the terror project Zahran Hashim?

The Parliamentary Select Committee (PSC) that probed the Easter Sunday massacres conveniently failed to probe the external factors. However, the PSC had an opportunity to seek the opinion of those who provided evidence, in camera, as regards external factors. The PSC, perhaps, never bothered to vigorously inquire into external factors or it lacked the mandate or the capacity to do so.

The PSC consisted of its Chairman Ananda Kumarasiri (UNP/Moneragala District), Ravi Karunanayake (UNP/Colombo), Dr. Rajitha Senaratne (UNP/Kalutara), Ashu Marasinghe (UNP National List), Field Marshal Sarath Fonseka (UNP National List), LSSPer Dr. Jayampathy Wickremaratne (UNP National List), M.A. Sumanthiran (TNA/Jaffna District) and SLMC Leader Rauff Hakeem (UNP/Kandy District).

The government proscribed the NTJ, on May 13, 2019 – 23 days after the Easter carnage. The Jamaathe Millaathe Ibrahim (JMI), and the Willayath As Seylani (WAS) were also banned in terms of regulation 75(1) of the emergency regulations.

The NTJ struck between the second and the third phases of the Indian elections. The first phase, conducted on April 11, covered 91 constituencies in 20 States. The second (95 constituencies in 13 States) and the third (117 constituencies in 15 States) were held on April 18 and April 23, respectively. The remaining four phases were held on April 29 (71 constituencies in 09 States), May 06 (51 constituencies in 07 States), May 12 (59 constituencies in 07 States) and May 19 (59 constituencies in 08 States).

Modi condemns

Narendra Modi was the first foreign leader to condemn the Easter Sunday attacks. The Indian leader condemned the Easter Sunday attacks on the same day, two days before the Islamic State claimed responsibility. However, no less a person than Senior DIG Ravi Seneviratne, the senior officer in charge of the Criminal Investigation Department (CID), declared, before the PSC, that there was no evidence to link the Islamic State, thereby contradicting the much publicized government claims. Seneviratne appeared before the PSC on July 24. Perhaps, the CID’s opinion should be sought on this matter.

Addressing an election rally in the Western State of Rajasthan, just hours after the serial blasts in Sri Lanka, Narendra Modi played politics with the issue. The media quoted Modi as having said the electorate should give him a second term as only he could beat the terrorists threatening India.

“Should terrorism be finished or not?” he asked. “Who can do this? Can you think of any name aside from Modi? Can anybody else do this?”

“In our neighbouring Sri Lanka, terrorists have played a bloody game. They killed innocent people,” Modi said.

At another rally, in Rajasthan, also on Sunday, Modi again mentioned the attacks in Sri Lanka and said that India, too, continues to suffer because of militants.

“India has now ended its policy of getting scared of Pakistan’s threats,” Modi said, “‘We have a nuclear button, we have a nuclear button’ they used to say.”

“What do we have then?” he said, to cheers from the crowd.

The Easter Sunday carnage certainly influenced a section of the Indian electorate. Modi directly blamed Muslims for the Sri Lanka attacks.

Having comfortably secured a second term, Modi visited Colombo, on June 09, on his way to the Maldives. President Maithripala Sirisena is on record as having said that he requested Modi to visit in the wake of many countries issuing travel advisories. During his four-hour stopover, Modi visited St. Anthony’s Church, Kotahena, where many Tamils perished in the Easter Sunday carnage.

A week after Modi’s visit, the then Indian High Commissioner here, Taranjit Sandhu, assured the prelates of Malwatte and Asgiriya Chapters India’s commitment to Sri Lanka’s security.

The Indian High Commission issued the following statement, following Sandhu’s visit to Kandy: “High Commissioner of India Taranjit Singh Sandhu paid respects at Sri Dalada Maligawa and received the blessings of the Most Venerable Thibbatuwawe Sri Sumangala Mahanayake Thera of Malwatte Chapter and Most Venerable Warakagoda Sri Gnanarathana Mahanayake Thera of Asgiriya Chapter in Kandy on May 17.

“High Commissioner conveyed greetings on the auspicious occasion of Vesak to the Most Venerable Mahanayake Theras and recalled the visit of Prime Minister Shri Narendra Modi to Sri Lanka for the International Vesak Day celebration in 2017 and the exposition of the sacred Sarnath Relics in Sri Lanka in 2018.

“High Commissioner also discussed the prevailing security situation with the Most Venerable Mahanayake Theras and offered India’s full support to Sri Lanka in dealing with the common threat of Jihadi terrorism.

“Both the Mahanayake Theras deeply appreciated India’s unconditional and strong support for Sri Lanka, including in the security sphere.

“High Commissioner Sandhu also reviewed the progress of the Kandyan Dancing School, being constructed with Government of India’s assistance of around 150 million SLR at the Sri Lanka International Buddhist Academy (SIBA) campus in Pallekele, Kandy.”

It would be a grave mistake, on Sri Lanka’s part, to assume Zahran Hashim and his band of brainwashed terrorists carried out the Easter Sunday attacks on their own. Zahran and his colleagues couldn’t have handled the logistics alone. Zahran was used by those who exploited the political chaos in Sri Lanka. In fact, the NTJ operation caused much more harm to the Muslim community, in Sri Lanka, than any other post-independence event.

The PSC proceedings revealed negligence on the part of the political leadership, law enforcement authorities, intelligence services and the Attorney General’s Department. The PSC proceedings also revealed how the Finance Ministry weakened the Central Bank vis-a-vis its regulatory powers in respect of foreign financial transactions. However, so far no effort has been made to inquire into possible external factors. Did the planners of the NTJ operation take into consideration the Indian election? That is an issue which required serious attention.

Let us hope the proposed three-day debate on the Easter Sunday carnage, in the last week of this month, would pave the way for all political parties, represented in Parliament, to reveal their position in the wake of Sirisena’s bombshell.



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Midweek Review

22A: Developing constitutional quagmire

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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.”

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Midweek Review

Shakespeare’s female characters

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Ophelia in a scene from Hamlet

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.

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Midweek Review

Nature’s Distress

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on

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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