Features
Fighting off attempts to hobble me and making the Dilmah mark in New Zealand
(Excerpted from the Merrill J. Fernando autobiography)
The success of my marketing platform in Australia produced interesting repercussions. When I made the claim that my single origin product stood apart from all others, as the latter were largely of cheap, multiple origins, the trade in Australia formed a new association called the Australian Tea Alliance. They invited the Dilmah distributor, Cerebos, to the first meeting and requested its representative to get me to attend the next.
I immediately divined their hidden agenda, which was to hobble my progress. Therefore, I advised Cerebos to tell the Chairman of this alliance, who was also the Chairman of a multinational in Australia, to send me a written invitation to join the alliance. I then received a letter from him, suggesting that we should establish a common promotional platform for tea, with the objective of increasing the general demand for tea and not for a particular brand. My response to him was that our objectives were mutually exclusive as, whilst his purpose was to sell any tea, mine was to market the finest tea on earth.
A few days later a senior member of the Australia-New Zealand Trade visited me in my hotel and again tried to persuade me to join the ‘alliance’. When I refused by saying that my mission was different to theirs, he responded that I would soon realize that I was making a mistake – a statement which was also an implied threat. Two weeks later I was informed by my distributor in Perth that a Dilmah consignment from Colombo had been confiscated by Customs in Perth. The reason? It was a chamomile herbal infusion marketed as restorative and a remedy for stomach ailments and that such claims were unsupportable.
Working with my lawyers, I found that a major competitor, Twinings, was making similar claims for its brand of chamomile tea. I sent a representational pack to the Melbourne Health Authority and found that it had approved it. When I confronted the official who stopped my shipment with this information, he advised me that there were powerful forces arraigned against me and that if I continued to fight this issue, my product would be barred from the supermarkets. Finally, I was compelled to recall that consignment of chamomile tea to Colombo, at a loss of USD 35,000. Shortly thereafter, the Chairman of the Australian Tea Alliance advised all supermarkets that I was making false claims about the exclusivity of my tea and that there was no difference between their product and mine, though they did not make such claims.
Through my lawyers I responded that their accusations were unfounded and that I was prepared to defend my position. Immediately, the Tea Alliance advised supermarket buyers that they did not mean to condemn Dilmah, but only sought to apprise them that my product was actually no better than theirs, though they made no such claim. That was a battle I had to fight entirely on my own as my distributor did not assist me.
Overall, in Australia, my experiences with distributors was unsatisfactory. My first distributor could not understand my marketing philosophy, because it was obviously quite different from that of all the other customers he serviced. My personal marketing system was based on direct contact with the buyer, and this distributor was not comfortable with that approach. I then moved to Cerebos Greggs, but the staff was inexperienced in the marketing of tea. These disappointing experiences finally compelled me to make my own marketing and distribution arrangements.
Dilmah in New Zealand
In New Zealand, I had been a bulk tea supplier to two major packers. One was Quality Packers Ltd., of which my good friend Pat Moore was the Chairman and Ian, the Chief Buyer. In the early days of my career in the tea trade, operating from Harrisons and Crossfield, Pat had been the Chief Buyer of Ceylon Tea for Salada Tea Company of Canada. The other was Well Tea Company, of which Trevor was the Chief Buyer. Pat’s buying from me was regular, whilst Trevor’s was intermittent and opportunistic.
Once, having been caught short of stock as he had not bought ahead despite my advice to buy Trevor persuaded me, on the promise of future regular buying, to send him four containers as I was the only supplier with reserve stock. However, despite that assurance, he continued to be an irregular buyer. In addition to these two, there were two or three other small-time operators.
When I decided to launch Dilmah in New Zealand, I first approached Balande, a French company, which unfortunately changed hands at that time. I then moved to a smaller operator, Nigel Scott, who at that time was not big enough to do justice to our brand. Jack and John Burton, who were selling my bulk tea in New Zealand, were not interested at first as they were unsure of the potential of Dilmah. I then approached other major players, Woolworths, Countdown, and Foodstuffs.
The latter, with about 60% of market share then, was very strong but it owned the Bell Tea brand. However, its buyer in Auckland, Shirley, was very receptive and agreed to provide me a warehouse, as she was impressed with the quality of our Ceylon Tea. Similarly, the other buyers and retailers we approached were equally welcoming and John Burton, both impressed and surprised by the responses, agreed to take on the distributorship. I subsequently met the Chairman of Foodstuffs who also agreed, enthusiastically, to support my brand. When I went back to Shirley to thank her for the facilitation, she regretfully declined to accept as her Chairman had sent her instructions not to touch Dilmah!
The fruits of perseverence
Despite these disappointments, my persistence and my faith, both in my brand and my God, paid off in New Zealand, as it had done elsewhere. The concept of the founder promoting his brand on television, radio, and magazines was an unusual, if not a unique marketing strategy, and attracted consumers to the brand. The media hype was reinforced solidly by an unwavering adherence to quality and every other attribute of the product that was advertised. The projected image of purity, singularity, and authenticity was complemented by the physical product. The slogan ‘Do Try It,’ backed by my image, was convincing in its simplicity. I used to get over 100 letters each month from satisfied customers, thanking me for bringing good Ceylon Tea, which they had enjoyed many years ago, back to the market.
From Australia and New Zealand, Dilmah gradually achieved a global reach and is now being sold in over 100 countries. It is the favourite brand of some of the best airlines and five-star hotels in the Asia-Pacific region. Emirates Airlines has carried Dilmah for 30 years. As a young tea trader, I carried my samples in my brief case in to the Albert Abela office in Sharjah and it was served on the airline in the very early stages.
That old association has now developed in to a unique relationship. In Emirates lounges the world over and in all its aircraft. Dilmah is the tea of choice. In December 2019, when Emirates Airlines launched the bar concept in its iconic Airbus 380, a special bar ceremony was held featuring Dilmah tea, at which within Dilhan and I were present. The launching of Dilmah tea 38,000 ft. in the air, between Dubai and London, celebrating the 27-year partnership between Dilmah and the airline, was an important event in the history of Dilmah tea.
With the growing popularity of Dilmah in Australia and New Zealand, I suddenly found myself becoming a celebrity! What caught the popular fancy of the public, as I mentioned earlier, was the concept of the founder personally selling his tea. Quite often I was referred to as “Mr. Dilmah”. I appeared in one of the most popular Australian TV programmes, ‘Home and Away,’ in a half-hour film on Dilmah and its founder. I was also featured on breakfast shows, whilst widely-read magazines ran three- to four-page articles with photographs.
In my media advertising of Dilmah in Australia, I went straight to the source instead of working through media agencies. With this direct approach I was able to work out how best to project exactly what I wanted. Quite apart from all other considerations, I think what captured the attention of the general public was the story of a small man from a small Asian country taking on the corporate giants in the West, in their own stronghold. That aspect of my marketing campaign generated a momentum of its own.
For over two years I struggled with the brand building of Dilmah in Australia and New Zealand. Eventually, despite all obstacles, legitimate competition, and sabotage, Dilmah restored the premier position of genuine Ceylon Tea in those countries. Whilst, after persistent struggles I was able to secure the help of the Tea Board for the promotion of a value-added, genuine Ceylon-owned brand, the Board, in a typical demonstration of the absence of both logic and awareness of priorities, was also funding the promotion of bulk tea being exported by one individual to Canada.
New Zealand is special
I have sold my Dilmah in over 100 countries. The travelling involved with the selling of my tea has enabled me to indulge in my passion for seeing new countries and experiencing new cultures, first kindled in my maiden visit overseas to the UK as young man in his early twenties. I have great memories of all the countries I have visited, the places I have seen, and the people I have befriended. However, nowhere else have I been so welcomed, or made to feel so much at home, as in New Zealand. I know that it is in New Zealand that I am best known and loved.
‘Do Try It,’ the words which have accompanied Dilmah across the globe, were born in New Zealand, when Daron Curtiss, Head of Waves Communications, then a small advertising agency in New Zealand, convinced me, despite my reservations, that the most effective way to convey my passion for tea was to tell the world personally. Until then. Australia-based Sri Lankan singer Kamahl had been the image and voice in the Dilmah advertisements. But Daron was so right in his alternative view to project me instead. That was in 1994 and Dilmah has been working with them ever since, whilst Daron and his wife Shirley have become my very dear friends. Establishing a connection with Daron and his company was serendipitous. I discovered them in the Yellow Pages!
Daron was hesitant initially on the grounds that he had minimal knowledge of the tea market but, providentially, as it has happened in every Important juncture of my life, the unseen hand intervened. Just a few weeks before my initial approach to Daron, Shirley had bought Dilmah tea from their local Howick supermarket. In itself a fortuitous incident, but from the first tasting itself they had become converts.
At first, I was doubtful of the effectiveness of Daron’s marketing strategy. After going through the shooting of the first commercial with Daron’s team I returned to Sri Lanka, having told him that if the strategy did not work, on my return to New Zealand I would have to find another advertising agency. On my next trip to NZ, a few months later, at the airport Customs counter, an officer looked up at me and said immediately: “You are that guy on TV.”
During the same trip, in another instance, as we got in to Daron’s car after a re-shoot of a Dilmah commercial, a few young people parked next to us rolled down their windows and yelled in unison, at the top of their voices, “Do try it!” That cleared all the doubts in my mind; Dilmah had arrived in New Zealand. Within a year of the broadcasting of the new Dilmah advertisement, Dilmah’s market share in New Zealand rose from below two to eight per cent.
The Curtiss family’s involvement with Dilmah went much further than advertising. In 2011, the Foundation unveiled the Daron Curtiss Centre for Graphic Design, at the MJF Centre in Moratuwa. Supported by Daron, this centre offers classes in graphic design to underprivileged children and young adults. Students include several who are physically handicapped, for whom competence in a highly-marketable skill opens a path for economic advancement and independence.
Perhaps it is the natural warmth of the New Zealanders that enables them to greet me so spontaneously, wherever I appear in public. People from diverse walks of life, sports icons, media personalities, chefs, bar tenders and waiters in hotels, and shoppers in supermarkets have stopped me to tell me that they like my Dilmah tea.
Iconic Kiwis, such as cricketing great Sir Richard Hadlee and the peerless All Black Sir Graham Henry, have personally supported projects launched by the MJF Charitable Foundation. A blindfolded Sir Hadlee, playing the forward defence against a cricket ball with a bell, in an engagement at the Moratuwa Centre with visually-handicapped cricketers of the Cricket Live Foundation, of which he is the patron, is an image that will endure.
The late Mike Dormer was another dear Kiwi, tea importer, and founder of the Willows Cricket Club, Christchurch, through whom several tours of the club cricket team to Sri Lanka were arranged. A reciprocal tour of a Sri Lankan, under 21 team, took place in 2011, playing five matches with NZ teams.
Nigel Scott, General Manager of Dilmah, New Zealand, who has been with Dilmah for 27 years, is another such friend. Richard Ballantyne, former Managing Director of J. Ballantyne and Company, is another Kiwi who has helped Dilmah in his country. Leighton Smith, the sophisticated but challenging voice which has dominated the airwaves of New Zealand morning radio for three decades, has given much airtime and helped to promote Dilmah. Along with his wife, Carolyn, he has been closely associated with the Dilmah journey in their country. They have also become close personal friends.
In his insightful personal memoir, ‘Leighton Smith, Beyond the Microphone,’ under the very flattering heading ‘The finest man on earth,’ he provides an unsolicited endorsement of my personal marketing ethos: “Without quality, especially in a competitive market like tea, all the advertising in the world will not build the sort of brand loyalty that Dilmah has. “
Sir Anand Satyanand, 19th Governor General of New Zealand (2006-2011), was also very supportive of the Dilmah promotion in New Zealand and continues to follow its progress closely. With his long involvement in and contribution to public interest issues and assignments, it was the aspect of the Dilmah commitment to social welfare, that captured his attention most. He and his wife Susan became great friends as well.
Features
We handed every child a screen and called it progress. Now what?
SERIES: THE GREAT DIGITAL RETHINK: PART I OF V
The Great Digital Bet
Cast your mind back to the late 1990s. Technology evangelists, in government, in schools, in Silicon Valley boardrooms, were making a very confident prediction: the classroom of the future would be digital, and that future was essentially already here. Wire the schools. Buy the computers. Train the teachers to press the right buttons. And stand back as a generation of turbo-charged, digitally-empowered learners leapfrogs every educational problem ever known to humanity.
It was, to be fair, an intoxicating idea. Who wouldn’t want to modernise education? Who could argue against progress? And so governments around the world, rich and poor, north and south, opened their wallets and signed their contracts. Phase One of the Great Digital Experiment had begun, and very few people were allowed to ask awkward questions.
From Computer Labs to Pocket Supercomputers
Through the 2000s, the experiment scaled up. We moved from shared computer labs to 1:1 device programmes, a laptop or tablet for every child, like some kind of annual prize-giving that never ended. Vendors introduced the irresistibly catchy notion of ‘digital natives,’ a generation supposedly born knowing how to swipe, and, therefore, desperately in need of classrooms that matched their wired-up lives. And, gradually, quietly, commercial platforms began mediating almost everything that happened between a teacher and a student.
The research, even then, was sending mixed signals. OECD data showed that more personal screen time was not automatically producing better learners. Students who used computers heavily in school were not streaking ahead in reading or maths. But these inconvenient findings were absorbed into a simple narrative: the problem was not the technology, it was how teachers were using it. More training. Better platforms. Upgraded hardware. The answer, invariably, was more.
‘The pen is mightier than the keyboard’,
a slogan that turned a psychology study into a revolution in educational policy.
Then the Pandemic Happened
And then came COVID-19, and suddenly every school in the world was forced to discover whether digital education actually worked when it had no analogue alternative. The answer, for most children, was: not very well. Schools closed, screens opened, and learning largely ground to a halt, not because the technology failed, but because education, it turned out, is stubbornly, irreducibly human. What worked was teachers who knew their students, relationships built over time, the unquantifiable texture of a real classroom. A Zoom rectangle, however crisp the resolution, is not a substitute.
The pandemic accelerated digitalisation to a degree nobody had planned for and exposed its limits simultaneously. UNESCO’s own global monitoring report, not exactly a hotbed of anti-technology radicalism, sounded the alarm in 2023, issuing what amounted to a polite institutional apology: technology in education must be a tool that serves learners, not an end in itself. Translation: we may have overdone it.
The Evidence Catches Up
The science, meanwhile, had been accumulating quietly. A widely cited study showed that students who take notes by hand retain and understand information better than those typing on laptops, not because handwriting is some mystical ancient craft, but because the physical slowness forces you to process, summarise and think, while typing tempts you into verbatim transcription. Your fingers race across the keyboard and your brain mostly stays home.
At the scale of entire school systems, OECD analysis of PISA 2022 results, which showed historic declines in reading and mathematics across member countries, drew a striking curve: moderate use of digital devices is associated with better outcomes, but heavy use, especially for leisure during school time, correlates with lower performance. Not a little lower. Substantially lower. And this held true even after accounting for students’ socioeconomic backgrounds. In other words, digital distraction is an equal-opportunity problem.
PISA 2022 also produced some of the most dismal reading and maths scores seen in decades across wealthy nations. Was technology entirely to blame? Almost certainly not. But policymakers looking for something tangible to point at, and something they could actually change before the next election, had found their answer.
The Revolt of the Sensible
Finland, long the world’s favourite education success story, passed legislation in 2025 restricting mobile phone use in schools. Phones are now generally prohibited during lessons unless a teacher grants specific permission. Sweden went further still, announcing a full national ban, phones collected at the start of the school day and returned at dismissal, to take effect in 2026. The Swedes had already begun quietly rolling back their earlier enthusiasm for digital devices in preschools, reintroducing books and handwriting after noticing that children’s reading comprehension was suffering. Australia’s Queensland state had already launched its ‘away for the day’ policy, extending the ban to break times as well as lessons. We do not yet know how other wealthy, technologically advanced countries will respond to this challenge, but they are undoubtedly watching the pioneers of de-digitalisation with close attention.
These are not technophobic, backwards-looking nations. Finland and Sweden sit at the very top of every global education ranking. They have the infrastructure, the teacher quality and the research capacity to make considered decisions. What they have decided, after three decades of enthusiastic investment in digital education, is that smartphones in the hands of children during school hours are doing more harm than good. That is a significant statement from people who know what they are talking about.
The Two-Speed World
Here is where things become genuinely uncomfortable for the international education community. While many rich countries like Finland, Sweden and Australia are scaling back, vast swathes of the world are still scaling up. Across parts of South Asia, Africa and Latin America, and in pockets of the Global North that never quite caught up, governments are signing major contracts for tablet programmes and AI tutoring tools. They are, in good faith, doing what wealthy countries told them to do 30 years ago: invest in technology and watch the learning happen.
The people selling them these systems are not pointing to the Nordic retreat.
The multilateral organisations and development banks financing their ed-tech purchases have been slow to update their models. And so the world is now running two parallel education experiments simultaneously:
some rich countries are de-digitalising, while everyone else is still trying to digitalise in the first place. The disparity is not merely ironic, it raises serious questions about who sets the agenda for global education reform, and whose children bear the cost of getting it wrong. While Finland retreats from the classroom screen, others are still signing the contracts that will fill theirs.
What This Series Is About
Over the next four articles, this column will trace this story across every level of education, from primary classrooms where six-year-olds are learning cursive again in Stockholm, to universities where academics are requiring handwritten examinations partly to outwit AI essay-generators. We will look at the evidence honestly, without either the breathless optimism that launched the digital revolution or the nostalgic panic now driving some of the backlash.
We will also ask the question that international education policy rarely pauses to ask: when the wealthy world discovers that an experiment has not gone quite as planned, who bears the cost of correction, and who is still being sold the original experiment at full price?
De-digitalisation is not a confession. It is, at best, a mid-course correction by systems with the luxury of one. The real question is what we owe the rest of the world, which hasn’t had that luxury yet.
SERIES ROADMAP
Part I: From Ed-Tech Enthusiasm to De-Digitalisation (this article) | Part II: Phones, Pens & Early Literacy in Primary Schools | Part III: Attention, Algorithms & Adolescents in Secondary Education | Part IV: Universities, AI & the Return of the Handwritten Exam | Part V: A Critical Theory of Educational De-Digitalisation
(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT, Malabe. The views and opinions expressed in this article are personal.)
Features
Relief without recovery
The escalating conflict in the Middle East is of such magnitude, with loss of life, destruction of cities, and global energy shortages, that it is diverting attention worldwide and in Sri Lanka, from other serious problems. Barely four months ago Sri Lanka experienced a cyclone of epic proportions that caused torrential rains, accompanied by floods and landslides. The immediate displacement exceeded one million people, though the number of deaths was about 640, with around 200 others reported missing. The visual images of entire towns and villages being inundated, with some swept away by floodwaters, evoked an overwhelming humanitarian response from the general population.
When the crisis of displacement was at its height there was a concerted public response. People set up emergency kitchens and volunteer clean up teams fanned out to make flooded homes inhabitable again. Religious institutions, civil society organisations and local communities worked together to assist the displaced. For a brief period the country witnessed a powerful demonstration of social solidarity. The scale of the devastation prompted the government to offer generous aid packages. These included assistance for the rebuilding of damaged houses, support for building new houses, grants for clean up operations and rent payments to displaced families. Welfare centres were also set up for those unable to find temporary housing.
The government also appointed a Presidential Task Force to lead post-cyclone rebuilding efforts. The mandate of the Task Force is to coordinate post-disaster response mechanisms, streamline institutional efforts and ensure the effective implementation of rebuilding programmes in the aftermath of the cyclone. The body comprises a high-level team, led by the Prime Minister, and including cabinet ministers, deputy ministers, provincial-level officials, senior public servants, representing key state institutions, and civil society representatives. It was envisaged that the Task Force would function as the central coordinating authority, working with government agencies and other stakeholders to accelerate recovery initiatives and restore essential services in affected regions.
Demotivated Service
However, four months later a visit to one of the worst of the cyclone affected areas to meet with affected families from five villages revealed that they remained stranded and in a state of limbo. Most of these people had suffered terribly from the cyclone. Some had lost their homes. A few had lost family members. Many had been informed that the land on which they lived had become unsafe and that they would need to relocate. Most of them had received the promised money for clean up and some had received rent payments for two months. However, little had happened beyond this. The longer term process of rebuilding houses, securing land and restoring livelihoods has barely begun. As a result, families who had already endured the trauma of disaster, now face prolonged uncertainty about their future. It seems that once again the promises made by the political leadership has not reached the ground.
A government officer explained that the public service was highly demotivated. According to him, many officials felt that they had too much work piled upon them with too little resources to do much about it. They also believed that they were underpaid for the work they were expected to carry out. In fact, there had even been a call by public officials specially assigned to cyclone relief work to go on strike due to complaints about their conditions of work. This government official appreciated the government leadership’s commitment to non corruption. But he noted the irony that this had also contributed to a demotivation of the public service. This was on the unjustifiable basis that approving and implementing projects more quickly requires an incentive system.
Whether or not this explanation fully captures the situation, it points to an issue that the government needs to address. Disaster recovery requires a proactive public administration. Officials need to reach out to affected communities, provide clear information and help them navigate the complex procedures required to access assistance. At the consultation with cyclone victims this was precisely the concern that people raised. They said that government officers were not proactive in reaching out to them. Many felt they had little engagement with the state and that the government officers did not come to them. This suggests that the government system at the community level could be supported by non-governmental organisations that have the capacity and experience of working with communities at the grassroots.
In situations such as this the government needs to think about ways of motivating public officials to do more rather than less. It needs to identify legitimate incentives that reward initiative and performance. These could include special allowances for those working in disaster affected areas, recognition and promotion for officers who successfully complete relief and reconstruction work, and the provision of additional staff and logistical support so that the workload is manageable. Clear targets and deadlines, with support from the non-governmental sector, can also encourage officials to act more proactively. When government officers feel supported and recognised for the extra effort required, they are more likely to engage actively with affected communities and ensure that assistance reaches those who need it most.
Political Solutions
Under the prevailing circumstances, however, the cyclone victims do not know what to do. The government needs to act on this without further delay. Government policy states that families can receive financial assistance of up to Rs 5 million to build new houses if they have identified the land on which they wish to build. But there is little freehold land available in many of the affected areas. As a result, people cannot show government officials the land they plan to buy and, therefore, cannot access the government’s promised funds. The government needs to address this issue by providing a list of available places for resettlement, both within and outside the area they live in. However, another finding at the meeting was that many cyclone victims whose lands have been declared unsafe do not wish to leave them. Even those who have been told that their land is unstable feel more comfortable remaining where they have lived for many years. Relocating to an unfamiliar area is not an easy decision.
Another problem the victims face is the difficulty of obtaining the documents necessary to receive compensation. Families with missing members cannot prove that their loved ones are no longer alive. Without official confirmation they cannot access property rights or benefits that would normally pass to surviving family members. These are problems that Sri Lanka has faced before in the context of the three decade long internal war. It has set up new legal mechanisms such as the provision of certificates of absence validated by the Office on Missing Persons (OMP) in place of death certificates when individuals remain missing for long periods. The government also needs to be sensitive to the fact that people who are farmers cannot be settled anywhere. Farming is not possible in every location. Access to suitable land and water is essential if farmers are to rebuild their livelihoods. Relocation programmes that fail to take these realities into account risk creating new psychological and economic hardships.
The message from the consultation with cyclone victims is that the government needs to talk more and engage more directly with affected communities. At the same time the political leadership at the highest levels need to resolve the problems that government officers on the ground cannot solve. Issues relating to land availability, legal documentation and livelihood restoration require policy decisions at higher levels. The challenge to the government to address these issues in the context of the Iran war and possible global catastrophe will require a special commitment. Demonstrating that Sri Lanka is a society that considers the wellbeing of all its citizens to be a priority will require not only financial assistance but also a motivated public service and proactive political leadership that reaches out to those still waiting to rebuild their lives.
by Jehan Perera
Features
Supporting Victims: The missing link in combating ragging
A recent panel discussion at the University of Peradeniya examined the implications of the Supreme Court’s judgement on ragging, in which the Court recognised that preventing ragging requires not only criminal penalties imposed after an incident occurs but also systems and processes within universities that enable victims to speak up and receive support. Bringing together perspectives from law, university administration, psychology and students, the discussion sought to understand why ragging continues to persist in Sri Lankan universities despite the existence of legal prohibitions. While the discussion covered legal and institutional dimensions, one theme emerged clearly: addressing ragging requires more than laws and disciplinary rules. It requires institutions that are capable of supporting victims.
Sri Lanka enacted the Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act No. 20 of 1998 following several tragic incidents in universities, during the 1990s. Among the most widely remembered is the death of engineering student S. Varapragash at the University of Peradeniya in 1997. Incidents such as this shocked the country and revealed the consequences of allowing violent forms of student hierarchy to persist. The 1998 Act marked an important legal intervention by recognising ragging as a criminal offence. The law introduced severe penalties for individuals found guilty of engaging in ragging or other forms of violence in educational institutions, including fines and imprisonment.
Despite the existence of this law for nearly three decades, prosecutions under the Act have been extremely rare. Incidents continue to surface across universities although most are not reported. The incidents that do reach university administrations are dealt with internally through disciplinary procedures rather than through the criminal justice system. This suggests that the problem does not lie solely in the absence of legal provisions but also in the ability of victims to come forward and pursue complaints.
The tragic reminders; the cases of Varapragash and Pasindu Hirushan
Varapragash, a first-year engineering student at the University of Peradeniya, was forced by senior students to perform extreme physical exercises as part of ragging, resulting in severe internal injuries and acute renal failure that ultimately led to his death. In 2022, the courts upheld the conviction of one of the perpetrators for abduction and murder. The case illustrates not only the brutality of ragging but also how long and difficult the path to justice can be for victims and their families. Even when victims speak about their experiences, they may not always disclose the full extent of what they have endured. In the case of Varapragash, the judgement records that the victim told his father that he was asked to do dips and sit-ups. Varapragash’s father had testified that it appeared his son was not revealing the exact details of what he had to endure due to shame.
More than two decades after the death of Varapragash, the tragedy of ragging continues. The 2025 Supreme Court judgement arose from the case of Pasindu Hirushan, a 21-year-old student of the University of Sri Jayewardenepura, who sustained devastating head injuries at a fresher’s party, in March 2020, after a tyre sent down the stairs by senior students struck him. He became immobile, was placed on life support, and returned home only months later. If the Varapragash case exposed the deadly consequences of ragging in the 1990s, the Pasindu Hirushan case demonstrates that universities are still failing to prevent serious violence, decades after the enactment of the 1998 Act. It was against this background of continuing institutional failure that the Supreme Court issued its Orders of Court in 2025. Among the key mechanisms emphasised by the judgement is the establishment of Victim Support Committees within universities.
Why do victims need support?
Ragging in universities can take many forms, including verbal humiliation, physical abuse, emotional intimidation and, in some instances, sexual harassment. While all forms of ragging can have serious consequences, incidents involving sexual harassment often present additional barriers for victims who wish to come forward. Victims may hesitate to complain due to weak institutional mechanisms, fear of retaliation, or uncertainty about whether their experiences will be taken seriously. In many cases, those who speak out are confronted with questions that shift attention away from the alleged misconduct and onto their own behaviour: why did s/he continue the conversation?; why did s/he not simply disengage, if the harassment occurred as claimed?; why did s/he remain in the environment?; or did his/her actions somehow encourage the accused’s behaviour? Such responses illustrate how easily victims can be subjected to a second layer of scrutiny when they attempt to report incidents. When individuals anticipate disbelief, minimisation or blame, silence may appear safer than disclosure. In such circumstances, the presence of a trusted institutional body, capable of providing guidance, protection and support, become critically important, highlighting the need for effective Victim Support Committees within universities.
What Victim Support Committees must do
As expected by the Supreme Court, an effective Victim Support Committee should function as a trusted institutional mechanism that places the safety and dignity of victims at the centre of its work. The committee must provide a safe and confidential point of contact through which victims can report incidents of ragging without fear of intimidation or retaliation. It should assist victims in understanding and pursuing available complaint procedures, while also ensuring their immediate protection where there is a risk of continued harassment. Recognising the psychological harm ragging may cause, the committee should facilitate access to counselling and emotional support services. At a practical level, it should also help victims document incidents, record statements, and preserve evidence that may be necessary for disciplinary or legal proceedings. The committee must coordinate with university authorities to ensure that complaints are addressed promptly and responsibly, while maintaining strict confidentiality to protect the identity and well-being of those who come forward. Beyond responding to individual cases, Victim Support Committees should also contribute to broader awareness and prevention efforts, within universities, helping to create an environment where ragging is actively discouraged and students feel safe to report incidents. Without such support, the process of pursuing justice can become overwhelming for individuals who are already dealing with the emotional impact of abuse.
Making Victim Support Committees work
According to the Orders of Court, these committees should include representatives from the academic and non-academic staff, a qualified counsellor and/or clinical psychologist, an independent person, from outside the institution, with experience in law enforcement, health, or social services, and not more than three final-year students, with unblemished academic and disciplinary records, appointed for fixed terms. Further, universities must ensure that committees consist of individuals who possess both expertise and genuine commitment in areas such as student welfare, psychology, gender studies, human rights and law enforcement, in line with the spirit of the Supreme Court’s directions, rather than consisting largely of ex officio positions. If treated as routine administrative positions, rather than responsibilities requiring specialised knowledge, sensitivity and empathy, these committees risk becoming symbolic rather than functional.
Greater transparency in the appointment process could strengthen the credibility of these committees. Universities could invite expressions of interest from individuals with relevant expertise and demonstrated commitment to supporting victims. Such an approach would help ensure that the committees benefit from the knowledge and dedication of those best equipped to fulfil this role.
The Supreme Court judgement also introduces an important safeguard by giving the University Grants Commission (UGC) the authority to appoint members to university-level Victim Support Committees. If exercised with integrity, this provision could help ensure that these committees operate with greater independence. It may also help address a challenge that sometimes arises within institutions, where individuals, with relevant expertise, or strong commitment to addressing issues, such as violence, harassment or student welfare, may not always be included in institutional mechanisms due to internal administrative preferences. External oversight by the UGC could, therefore, create opportunities for such individuals to contribute meaningfully to Victim Support Committees and strengthen their effectiveness.
Ultimately, the success of the recent judgement will depend not only on the directives it issued, the number of committees universities establish, or the number of meetings they convene, or other box-checking exercises, but on how sincerely those directives are implemented and the trust these committees inspire among students and staff. Laws can prohibit ragging, but they cannot by themselves create environments in which victims feel safe to speak. That responsibility lies with institutions. When universities create systems that listen to victims, support them and treat their experiences with seriousness, universities will become places where dignity and learning can coexist.
(Udari Abeyasinghe is attached to the Department of Oral Pathology 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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