Features
Is an air accident a crime?
RCyAF/ SLAF, Air Ceylon, Air Lanka, Singapore Airlines Ltd, SriLankan Airlines Ltd. Former Member, Accident Investigation Team CAASL, Organisation of Professional Associations (OPA) Representative for ‘Aviation’
(This article was first published in The Island over 20 years ago. It is reproduced given its relevance to the current situation in the light of the Air India Boeing B787 crash on 12 June 2025.)
HISTORY
In 1852, a Balloonist crashed in France. Although criminal proceedings were contemplated it was declared that since his descent was involuntary, he would be exempt from any court action. Besides that, when he was losing altitude he had shouted for help! When in September 1908, Orville Wright crashed and killed Lt. Thomas E Selfridge (the first Air Crash victim of a powered aircraft), no criminal action was taken against the pilot.
However, as time went on it was not only the birds and fools that flew. Air travel became a big business. Keeping the aircraft flying cost money. More and more aircraft were now traversing the air on inter-continental flights and the equipment got larger. A single accident could kill a large number of people. (An accident, by definition is an event without apparent cause, an unexpected event, an unintentional act, chance, an unfortunate episode or a harmful event.)
Litigation against pilots involved in accidents started in 1956, when a French DC 6 crashed in Cairo, just before landing killing 49 passengers and 3 crew members. (The Crew was on duty for 22 hours!) Eight years later the Captain was found guilty of manslaughter and charged 5,000 francs. This was the first time a Pilot in Command was classified as a “criminal.” The court gave due consideration to the fact that the crew had been on continuous duty for a long time. The recommendations of Annex 13 had been ignored.
Annex 13 to the Chicago Convention pertaining to accident investigation came into force in 1951. It was developed from the original article 26 of 1944. Without question this was a landmark in terms of international cooperation in accident investigation. The Manual of Aircraft Accident Investigation developed from these recommendations outlines the objectives. “It is essential that all those concerned with an accident investigation should appreciate that the object of the investigation is to save lives and damage to property in the future by ascertaining the real causes of the accident and that the inquiry is not being held simply to find the culprit or assess blame.” It goes on to say ” An accident investigator is neither authorized nor required to arrive at findings of “guilty” or “not guilty” his duty is to discover all relevant facts and he has no obligation to fix the guilt, apportion blame, or recommend punishment”.
Now that a precedent was created, many cases were to follow. Capt. Russell F Kane of AerLingus, a practising lawyer, provides the following list.
In 1963, a de Havilland Otter crashed into a mountain in bad weather killing nine people. Two years later the Captain was sentenced to two years imprisonment with a three -year stay of execution of sentence.
In 1964, the pilot in command of a TWA B 707 was charged with criminal negligence. When his aircraft struck a powered roller following an abandoned take off in Rome, Italy. The takeoff was aborted when an engine fire warning sounded. The warning subsequently proved to be false. In the fire following the crash 45 people died. The pilot was later exonerated from criminal responsibility
In 1968, a B 727 crashed in marginal weather on an approach into Taipei. Fifteen people were killed including the wife of the American Captain. The pilots were charged with manslaughter and professional negligence. Their licenses were revoked and they were forbidden to leave Taiwan. The criminal courts acquitted the defendants and released them from jail.
In 1969, a YS 11 slipped off the end of the runway following a landing at Mayasaki Airport in Japan. Seven people were severely injured. The captain was sentenced to one year in prison in 1978 with a three-year stay of the sentence.
In 1972, a YS 11 –A, flown by the co-pilot crashed into the sea during an approach into Athens airport. The Captain was charged with manslaughter but was later acquitted.
In 1972, a DC 8 ran off the side of a runway during takeoff from the Haneda airport, Japan. Fourteen people were injured. The Captain was later sentenced to eight months in prison with a three-year stay of the sentence.
In 1974, in Nairobi, Kenya a Lufthansa B 747 crashed immediately after liftoff. The safety investigation concluded that the leading edge flaps were not extended. Seven years later the Flight Engineer only was tried and acquitted. The German court could not rule out the fact that the impact and the resulting fire had altered the position of the switches.
In 1977, a Caravelle belonging to a Swiss carrier crashed into the sea during a night approach into Funchal in Portuguese Madeira Islands. Thirty-six people died. The pilot in command who was carrying out a routine check on the other pilot was occupying the right seat. Seven and a half years after the accident both pilots were tried in Geneva and found guilty of negligence. The pilot in command was sentenced to two years in prison, the other pilot was sentenced to 18 months. They appealed the court ruling. The sentences were never served because the statute of limitations for prosecuting the pilots had expired.
Capt. Kane observed that the last two cases show that the pilots may be prosecuted in more than one jurisdiction. The state where the accident occurred waived prosecution in favour of the State of Registry.
In 1979 a Swiss DC 8 ran off the end of the runway following a landing at Athens. The Greek investigating body’s report found pilot error to be the only factor contributing to the accident. In January 1982 the pilots were charged. A trial under the criminal code was scheduled for April 1983. Both pilots were found guilty and sentenced to five years and two months in prison. On an appeal supported by the IFALPA the court acquitted the First Officer of all charges and reduced the Captains sentence to three years.
In 1983 following an accident of a B 707 in Ankara, the Captain and Co Pilot were tried under the Turkish criminal law. The outcome of the trial is unknown.
In 1983, an AVENSA DC 9 in Venezuela suffered a fracture of the landing gear resulting in a fatal accident. Their crime was an ILS approach on a NOTAMed unreliable system – a fact of which they were not advised. The failure of the left landing gear, which had been noted to have cracks (contained in the Deferred Defects for over six months), changed a long landing into a fatal accident, The Venezuelan pilots were originally sentenced to fifteen-years, a subsequent appeal reducing the charges to culpable homicide and the sentence to eight years. Eventually the President of Venezuela granted them a pardon.
In 1986 a Captain of a TU134A on a scheduled passenger flight in the Soviet Union reportedly ordered his crew to shutter the cockpit windscreen by taping paper and sunscreen. in place. He wanted to attempt a simulated blind landing. The landing flare began at 25 feet and the Aircraft slammed into the runway, broke into pieces and caught fire. The Captain was tried and found guilty. He received the maximum possible sentence of fifteen years in prison.
In August 1987, a B 737 on a cargo flight hit power lines on takeoff at Mexico City. More than fifty people on a highway were killed. Steps have reportedly been taken towards criminal prosecution.
In Feb 1997 a Sri Lankan Air Force AN 32 aircraft overran the runway, on takeoff at Ratmalana. The Russian Flight Engineer was charged with manslaughter. The Sri Lankan pilot in command who was the longest serving operational pilot never flew with the Air Force again!
The list goes on.
THE CURRENT STATUS
As one can see there is also a big interval of time between the event and the final outcome. Meanwhile the pilot has to put his career on hold and languish in a feeling of guilt. It is also true that many have fallen ill while waiting for the verdict. That is why some say that if the accident does not kill you that the inquiry surely will!
Somewhere in the UK, in a Royal Air Force hangar a sign -board says it all “To err is human but to forgive is not RAF policy!” How true. One must consider oneself lucky to have an incident/accident -free career. Macarthur Job a retired Australian Accident Investigator and Pilot quotes from the Bible “there but for the will of God go I”
For over fifty years Civil Aviation has been subjected to three great international conventions (Chicago, Tokyo and Warsaw). The details of day-to-day operations are organized under nineteen ICAO Annexes and associated guidance material. Unfortunately, many states have chosen not to ratify certain parts of the Conventions and “to declare a difference” with the ICAO Annexes. Once they have done that their local laws will apply in the chosen areas. Many airline pilots today fly legally blind and do not know that between the state of registry and the state where the incident/accident occurred the more restrictive law shall apply. . For example, if one follows the limit of eight hours “between the bottle and the throttle” (the limits of the Sri Lankan Air Navigation Regulations) and has an accident in Mumbai, one will be guilty of flying under the influence of alcohol, as the limits in India are twelve hours between!
All crewmembers who were found guilty were going about their job to the best of their ability. Certainly, the Pilots didn’t fly with the intention of crashing. In contrast, a Surgeon, when he loses a patient on the operating table, is not charged with manslaughter. The big difference is that the Surgeon usually loses one life at a time while the pilot may lose much more sometimes including his own. It is accepted that no other job in the world is regulated to this extent. After obtaining the pilots’ qualifications, they have to prove twice a year that they are healthy enough to fly. They have to prove twice a year that they are qualified to occupy the pilot’s seat to the Licensing authority of their country. They have to demonstrate to the Aviation Authorities’ pilot instructor/supervisor that he can cope with all the emergencies that come their way. They have to prove that they can fly solely with reference to instruments and that they are aware of all the safety procedures of the Cabin crew by an exam once a year. Then they have to prove to their employer that they are flying the airplane in the way the airline wants following their standard operational procedures (SOPs). Apart from this proof of qualification they are subjected to the same over and over again through the course of their careers.
Capt. Laurie Tailor, in his book “Air Travel. How safe is it?” says thus “Some member states of the ICAO follow that (Annex 13) concept, but in other countries the investigation and the following inquiry were regarded as the starting point for the apportioning of blame and subsequent litigation. Procedures that follow can lend themselves to that practice.”
“With technical evidence being challenged by persons who are not competent to make assessments as to its value and criminal code legal procedures with the concept of prosecution, defence, hostile witnesses and guilt, taking precedence over finding the cause(s) of the accident and how to prevent a similar accident”
It was just a few days ago we read of a local Magistrate rejecting an official investigation report of a Sri Lankan Air Force helicopter accident with a Minister on board!
This “Old Timer” has seen many pilots being given a hard time by lawyers at inquiries, who are absolutely clueless on technical matters. For instance, questioning in an inquiry to a company B 737 accident in Madras (now Chennai) where one landing gear collapsed proceeded thus:
Inquiring Officer (a retired Judge):
“Capt. Xxxx, When did you know that you were flying to Madras on this flight?”
Captain:
“About two weeks before, when I got my Roster”
Inquiring officer:
“So Capt. Xxxx , I put it to you that you had two full weeks to check the Serviceability of the airplane!!”
Some of these inquiries can get rather hilarious as long as you are not the pilot under investigation! When the Captain of the Swissair crash, at Athens declared that at the latter stages of the rollout that he took over the braking, from the First Officer, the Presiding Judge thought that the Captain and the First Officer changed seats while the aircraft was rolling along the runway!
Another alarming development is the involvement of Law Agencies such as the CID and the FBI in the accident/incident investigations. These parallel investigations sometimes work at cross-purposes. At a law symposium in 1973 concerns were raised because the ‘Law’ was interfering with the accident inquiry in accordance with Annex 13. The Report states, “As just one case in point, consider the situation of the Head of an aviation safety office who found himself in jail one day because he was interfering with the local Police investigation of a particular aviation accident in his own country!” Where there is death and destruction the police assume that it is their duty to carry out independent investigations. This is the story in Sri Lanka. Our DGCA follows the CAA (UK) practice.
Capt. Ian Frow of the British Air Line Pilots Association says, “None of this is new. What is new is the increased enthusiasm for Aviation Authorities around the world to apply criminal sanctions to pilots who make mistakes. Our own CAA is now well down the path. In their case their attitude is encouraged by the Political and Consumer Groups who after Zeebrugge (the cross channel Ferry Boat disaster), Clapham Junction (the Rail crash), various holiday Coach accidents and some events of our Industry are demanding ‘Safer Transport’. Political neglect and under-funding have created a CAA which often has neither the ability nor the will to pursue tough targets like Airlines and Aircraft Manufacturers who are frequently implicated in accidents nominally put down as ‘crew error.’ Instead it takes the soft option and goes after the Flight Deck Crew, who as a group would never consciously act in a manner likely to cause an accident. It is not, however, totally unknown for both Manufacturers and Operators, when Commerce rules, to take a “calculated risk” with Safety”
Does all of this sound familiar?
So, is having an air accident a crime? It certainly looks like it from the front end of the aircraft! This is exactly why Air Safety experts are worried about “signs of the times”. After an accident or incident, the Accident Investigator has to rely on the help of the Pilots involved in the accident to reconstruct the chain of events that led to the event. Now if the Pilots are going to be legally liable they will certainly not give the full story to the Investigator. As someone put it a “damned if you do and damned if you don’t scenario”.
It was only a few days ago that a Captain of an US submarine was requesting immunity from prosecution when giving evidence in an accident with a Japanese Trawler. As expected, the request was not granted.
Unfortunately, many in our Industry assume that airline flying is inherently safe. The truth is while technology improved the “Human Factors” remained the same. It is hard to comprehend that intelligent people in high places think that “punishment” is an effective deterrent.
The Pilot Associations have already put their defenses up. They recommend to their membership to make statements like “Before making a report or statement of any kind, I wish to exercise my right to consult with my Association representative and/or attorney” to be made, after an accident or incident.
A POSSIBLE SOLUTION
The world is not perfect but we could strive for change. Given below is what the IFALPA is asking the ICAO and the lawmakers of the world to accept.
“Evidence given at the technical investigation should be considered as privileged and not be available for use in any subsequent disciplinary, civil, administrative or criminal proceedings nor for any public distribution.”
“Evidence other than the final report should not be made available to any body, which seeks to establish civil, criminal or administrative responsibility or apply disciplinary measures. Nor should any of this information be available for public distribution.”
“Records used in the reporting of near accidents or incidents, voluntary or mandatory, anonymous or not in a voluntary or mandatory system, shall not be made available for the purpose other than accident prevention. In no case shall the identity of the persons involved be disclosed to the public.”
“Any provisions relating to prosecution for violating of Air Navigation Regulations (ANRs) or Criminal Laws should be covered in legislation that is separate from the aircraft accident investigation legislation and, when foreign pilots are involved, should encompass the principal of “Transfer of Prosecution,” where appropriate, to the state in which such pilots were licensed.”
Our National Carriers Air Ceylon, Air Lanka and SriLankan have been extremely fortunate to have not had a “big one” where there was destruction to life and property and the pilots survived. Urgent lobby is needed to get the relevant laws, to protect the pilots from criminal action, into place.
So, until it is realised by all and sundry that criminal action is not the answer to improving Air Safety it is a good idea to plead lack of “mens rea” which simply means, “I did not mean to commit a criminal act Your Honor”
by Gihan Fernando ✍️
Features
We banned phone; we kept surveillance; teenagers noticed
THE GREAT DIGITAL RETHINK : PART III OF V
The Teenage Battleground
Secondary school has always been a battlefield of sorts, competing loyalties, volatile friendships, the daily theatre of adolescent identity. But in the past decade it acquired a new and uniquely modern dimension: the smartphone in the pocket, the social media feed refreshing every few minutes, the group chat that never sleeps.
The numbers, when they arrived, were not subtle. PISA 2022 data, drawn from students in over 80 countries, found that around 65 percent of students reported being distracted by their own digital devices in mathematics lessons, and 59 percent said a classmate’s device had pulled their attention away. Students who reported being distracted by peers’ phones scored, on average, 15 points lower in mathematics than those who said it never happened. Fifteen points is not a rounding error. It is a meaningful, measurable, recurring gap that appears consistently across countries with very different education systems.
Governments took notice of the situation. In a pattern that will be familiar to readers of this series, a number of them reached for the most visible, most politically satisfying tool available – the ban in Finland, Sweden, Australia, and France. The UK, in a characteristically chaotic way, involving years of guidance, and pilots, eventually legalised. One by one, secondary schools across the wealthy world have begun confiscating phones at the gate, storing them in pouches, locking them up in boxes, and discovering, somewhat to their own surprise, that this works.
When the Ban Actually Works
A 2025 survey of nearly a thousand principals in New South Wales found that 87 percent reported students were less distracted after the ban was introduced, and 81 percent said learning had improved. South Australia recorded a 63 percent decline in critical incidents involving social media and a 54 percent reduction in behavioural issues. These are striking figures, and they align with what common sense would predict: if you remove the distraction, concentration improves.
What is also emerging from Australian, Finnish and Swedish schools is something less expected and more interesting: the character of break times has changed. Teachers and principals report that when phones disappear from pockets, something older reappears in their place. Students talk to each other. They play. They argue, resolve disputes, make and lose friendships in the ancient, messy, face-to-face way that adolescence has always demanded but that the smartphone had been quietly crowding out. The playground, it turns out, was not broken. It was just occupied.
Sweden’s nationwide policy, coming into effect in autumn 2026, will require schools to collect phones for the full day, not just during lessons. This is the more ambitious intervention, and the one that addresses what the Australian experience has already demonstrated: that the damage done by constant connectivity is not confined to the classroom. It happens at lunch. It happens between periods. It happens in the 10 minutes before the bell when a group of 14-year-olds are supposedly in the building but are actually, in every meaningful sense, somewhere else entirely.
87% of Australian principals said students were less distracted after the ban. The other 13% presumably hadn’t tried it yet.
But Here Is What Nobody Wants to Talk About
Here is the part that the ministers’ press releases do not mention. While the smartphone, the device the student owns, controls and carries, has been banned from the secondary classroom, the institution’s own digital apparatus has been expanding at an impressive pace throughout the same period. Learning management systems now mediate most of secondary school life in high-income countries. Assignments are distributed digitally. Work is submitted digitally. Attendance is recorded digitally. Grades are published on portals that students, parents and administrators can access in real time. The school that bans your personal phone may simultaneously be recording precisely how long you spent on each page of the online reading assignment last Tuesday.
Learning analytics, the practice of harvesting data from student interactions with digital platforms to inform teaching and school management, has moved from a niche research curiosity to a mainstream tool. PISA 2022 data show that virtually all 15-year-olds in OECD countries attend schools with some form of digital infrastructure. Behind that infrastructure sits a layer of data collection that most students and many parents are only dimly aware of: log-in times, click patterns, quiz scores, time-on-task measures, platform engagement metrics. These are assembled into dashboards, fed into algorithms, and used, with genuinely good intentions, in most cases, to identify struggling students early.
The genuinely good intentions do not resolve the underlying problem. Research on learning analytics raises serious concerns about privacy, about the opacity of algorithmic decision-making, and about what happens when a teenager is quietly flagged as ‘at risk’ by a system they never knew was watching. The irony of secondary de-digitalisation is not lost on those paying attention: we have removed the device the student controls, while expanding the systems that observe and score them.
The AI Proctor in the Room
During the pandemic, when exams moved online, a number of education authorities adopted software that monitored students through their webcams, flagging unusual eye movements, background sounds, or the presence of other people in the room as potential signs of cheating. The systems were sold as efficient, scalable and objective. They were, in practice, frequently absurd.
The software flagged students who looked away from the screen to think. It penalised students whose rooms were small, shared or noisy, disproportionately those from less privileged backgrounds. It struggled with students of colour, whose features were less well-represented in the training data. It was contested, appealed, gamed, and eventually abandoned by a significant number of institutions that had initially adopted it with enthusiasm. By 2024 and 2025, the rollback was visible. Universities and some school systems were returning, with minimal fanfare, to supervised in-person examinations, handwritten, on paper, in a room with a human invigilator, partly to solve the AI cheating problem, partly to solve the AI proctoring problem. The wheel had, somewhat dizzingly, turned full circle.
We banned the student’s phone. We kept the webcam that monitors their eye movements during exams. Progress.
The Equity Problem That Bans Cannot Solve
Beneath the headline politics of phone bans lies a more uncomfortable question about who, exactly, benefits from secondary school de-digitalisation, and who pays a cost that is rarely acknowledged. The argument for phone bans on equity grounds is real: unrestricted phone use in schools amplifies social hierarchies. The student with the latest device, the most followers, the most compelling social media presence occupies a different social universe from the student without. Removing phones during the school day levels that particular playing field.
But the equity argument runs the other way, too, once you look beyond school hours. Secondary schools in high-income systems have steadily increased their dependence on digital platforms for homework, assessment preparation and communication. If a school bans phones during the day and then sends students home to complete digitally-mediated assignments, the burden of that homework falls unequally.
There is also the growing phenomenon of what researchers are beginning to call ‘shadow digital education’: the private online tutoring platforms, AI-powered study tools and exam preparation services that affluent families use to supplement and extend what school provides. While secondary schools debate whether students should be allowed to use AI for essay drafts, some of those students’ wealthier peers are already using it, skillfully, privately and with considerable academic advantage. The phone ban, whatever its merits in the classroom, does not touch this market. It may even quietly accelerate it.
Two Worlds, Still Diverging
In Finland, Sweden and Australia, the policy conversation is about how to manage the excesses of a generation that grew up digitally saturated, how to restore concentration, how to protect wellbeing, how to ensure that institutional platforms serve learning rather than merely monitor it.
Elsewhere, across much of Southeast Asia, Sub-Saharan Africa, Latin America and parts of the Middle East, the secondary school conversation remains anchored to a different set of concerns: how to get enough devices into enough classrooms, how to train enough teachers to use them, how to ensure that the smartboard contract does not expire before the teachers learn to turn it on. Vendors are present, helpful and commercially motivated. Development banks are funding rollouts. Government ministers are visiting showrooms. The playbook being followed is the one that Finland and Sweden wrote in 2010 and are now revising.
SERIES ROADMAP:
Part I: From Ed-Tech Enthusiasm to De-Digitalisation | Part II: Phones, Pens & Early Literacy | Part III: Attention, Algorithms & Adolescents (this article) | Part IV: Universities, AI & the Handwritten Exam | Part V: A Critical Theory of Educational De-Digitalisation
Features
A Buddhist perspective on ageing and decay
Buddhism is renowned for its profound insights into ageing and decay, known as jara in Pali. Through its teachings and practices, Buddhism cultivates the wisdom and mental clarity necessary to accept and prepare for the inevitability of ageing. The formula jati paccayaā jaraāmaranaṃ translates to “dependent on birth arise ageing and death,” clearly illustrating that birth inevitably leads to ageing and death, accompanied by sorrow, lamentation, pain, grief, and despair. Without birth, there would be no ageing and death. Therefore, ageing is a fundamental aspect of suffering as outlined in the Four Noble Truths.
Buddhism encourages us to confront the realities of ageing, illness, and mortality head-on. Old age is recognised as an unavoidable aspect of dukkha (suffering). Old age is fundamentally and inextricably entwined with the concept of impermanence(annicca), serving as the most visible, undeniable evidence that all conditioned things are in a state of flux and decay. Ageing, illness and death create in us an awareness not only of dukkha but also impermanence. The Buddha taught, “I teach suffering and the way out of suffering.” Here, “suffering” encompasses not only physical pain but also the profound discomfort that arises when our attempts to escape or remedy pain stemming from old age are thwarted. Instead of fearing old age, Buddhists are encouraged to embrace it, release attachments to youth, and cultivate wisdom, gratitude, and inner peace.
Ageing is a complex process shaped by both genetic and environmental factors. From a Buddhist viewpoint, we should perceive the body realistically. Fundamentally, the human body can be seen as a vessel of impurities, subject to old age, disease, decay, and death. The natural process of ageing is gradual, irreversible, and inevitable. Every individual must ultimately come to terms with the reality of growing old, as change is an essential fact of life.
In Buddhism, impermanence (anicca) holds a central position. Everything that exists is unstable and transient; nothing endures forever—including our bodies and all conditioned phenomena. Thus, anicca, dukkha, and anattaā (non-self or selflessness) are the three characteristics common to all conditioned existence. The reality of impermanence can often evoke pain, yet a wise Buddhist fully understands and appreciates this simple yet profound truth.
The Greek philosopher Heraclitus encapsulated this notion when he stated, “No man ever steps in the same river twice, for it is not the same river, and he is not the same man.” Old age was one of the four sights that prompted Prince Siddhartha Gautama to seek enlightenment, alongside sickness, death, and the wandering ascetic. Coming to terms with these aspects of existence was pivotal in his transformation into the Buddha.
At Sāvatthi, King Pasenadi of Kosala once asked the Buddha, “Venerable sir, is there anyone who is born who is free from old age and death?” The Buddha replied, “Great King, no one who is born is free from ageing and death. Even those affluent khattiyas—rich in wealth and property, with abundant gold and silver—are not exempt from ageing and death simply because they have been born.” This interaction underscores the universal challenge of ageing, transcending societal divisions of wealth or status.
Ageing presents one of the greatest challenges in human experience. Physically, the body begins to deteriorate; socially, we may find ourselves marginalised or discounted, sometimes subtly and sometimes explicitly. Some may encounter dismissal or condescension. Ageism remains one of the most persistent forms of discrimination. The physical and social difficulties associated with ageism can undermine our self-image and sense of self-worth. Common perceptions often portray old age as a stage where the best years are behind us, reducing the remaining years to a form of “bonus years” frequently presented in sentimental or patronising ways.
The suffering associated with ageing can serve as a powerful motivation to engage in practices that directly address this suffering, allowing us to gradually transform it or, at the very least, make it more bearable and manageable. We must recognise that this principle applies equally to our own bodies. The human body undergoes countless subtle changes every moment from the time you are born, never remaining the same even for two consecutive moments, as it is subject to the universal law of impermanence.
Whatever your age. However young-looking you try to remain through external means, the truth is that you are getting older every minute. Every minute, every second, our lives are getting shorter and closer to death. Since you were conceived in your mother’s womb, your life is getting shorter. We see external things going by rapidly, but never reflect on our own lives. No matter what we do, we cannot fully control what happens in our lives or to our bodies. With time, we all develop lines and wrinkles. We become frail, and our skin becomes thinner and drier. We lose teeth. Our physical strength and sometimes our mental faculties decline. In old age, we are subject to multiple diseases.
Many people live under the illusion that the body remains constant and is inherently attractive and desirable. Modern society, in particular, has become increasingly obsessed with the quest for eternal youth and the reversal of the ageing process. Many women feel inadequate about their physical appearance and constantly think about how to look younger and more attractive. Enormous sums of money are spent on cosmetic procedures, skincare, and grooming products to remain presentable and desirable. The global beauty and cosmetics industries thrive on this ideal, often promoting unrealistic standards of beauty and youthfulness. But no amount of products available in the world can truly restore lost youth, as time inevitably leaves its mark.
Therefore, in Buddhism, mindful reflection on ageing and the human body is considered essential for overall well-being. This contemplation provides insight into impermanence as we navigate life. Reflecting on the nature of the body—its true condition and its delicate, changing state—is a fundamental aspect of the Buddha’s teachings. By understanding the body accurately, we support both wisdom and peace of mind.
Buddhism recognises forty subjects of meditation which can differ according to the temperaments of persons. Contemplation of the human body is one of them. Of all the subjects of meditation, reflection on the human body as a subject is not popular among certain people particularly in the western world as they think such contemplation would lead to a melancholic morbid and pessimistic outlook on life. They regard it as a subject that may be somewhat unpleasant and not conducive to human wellbeing. Normally, people who are infatuated and intoxicated with sensual pleasures develop an aversion towards this subject of meditation. In Buddhism this mode of contemplation is called asuba bhavana or mindfulness of the impurities of the body. It is all about our physiology and individual body parts and organs internal as well as external. This subject of meditation is unique to the Buddhist teachings.
To appreciate the body as it truly is, we must set aside preconceived notions and engage in a calm and honest inquiry: Is this body genuinely attractive or not? What is it composed of? Is it lasting or subject to decay?
In embracing the teachings of Buddhism, we find the wisdom to navigate the journey of ageing with grace, transforming our understanding of this natural process into an opportunity for growth and acceptance.
When our fears centre on ageing, decay, and disease, we cannot overcome them by pretending they do not exist. True relief comes only from facing these realities directly.
Reflecting on the body’s unattractive and impermanent nature can help us gain a realistic perspective. In an age when the mass media constantly bombards people with sensual images, stimulating lust, greed, and attachment, contemplation of the body’s true nature can bring calm and clarity.
All beings that are born must eventually die. Every creature on earth, regardless of status, shares this common fate. After death, the body undergoes a series of biological changes and decomposes, returning to the earth as organic matter. It is part of the earth and ultimately dissolves back into it.

Understanding this, we can meet ageing, decay, and death with greater wisdom, less fear, and a deeper sense of peace.
by Dr. Justice Chandradasa Nanayakkara
Features
Partnering India without dependence
Indian Prime Minister Narendra Modi once again signaled the priority India places on Sri Lanka by swiftly dispatching a shipload of petrol following a telephone conversation with President Anura Kumara Dissanayake. The Indian Prime Minister’s gesture came at a cost to India, where there have been periodic supply constraints and regional imbalances in fuel distribution, even if not a countrywide shortage. Under Prime Minister Modi, India has demonstrated to Sri Lanka an abundance of goodwill, whether it be the USD 4 billion it extended in assistance to Sri Lanka when it faced international bankruptcy in 2022 or its support in the aftermath of the Ditwah cyclone disaster that affected large parts of the country four months ago. India’s assistance in 2022 was widely acknowledged as critical in stabilising Sri Lanka at a moment of acute crisis.
This record of assistance suggests that India sees Sri Lanka not merely as a neighbour but as a partner whose stability is in its own interest. In contrast to Sri Lanka’s roughly USD 90 billion economy, India’s USD 4,500 billion economy, growing at over 6 percent, underlines the vast asymmetry in economic scale and the importance of Sri Lanka engaging India. A study by the Germany-based Kiel Institute for the World Economy identifies Sri Lanka as the second most vulnerable country in the world to severe food price surges due to its heavy reliance on imported energy and fertilisers. Income per capita remains around the 2018 level after the economic collapse of 2022. The poverty level has risen sharply and includes a quarter of the population. These indicators underline the urgency of sustained economic recovery and the importance of external partnerships, including with India.
It is, however, important for Sri Lanka not to abdicate its own responsibilities for improving the lives of its people or become dependent and take this Indian assistance for granted. A long unresolved issue that Sri Lanka has been content to leave the burden to India concerns the approximately 90,000 Sri Lankan refugees who continue to live in India, many of them for over three decades. Only recently has a government leader, Minister Bimal Rathnayake, publicly acknowledged their existence and called on them to return. This is a reminder that even as Sri Lanka receives support, it must also take ownership of its own unfinished responsibilities.
Missing Investment
A missing factor in Sri Lanka’s economic development has long been the paucity of foreign investment. In the past this was due to political instability caused by internal conflict, weaknesses in the rule of law, and high levels of corruption. There are now significant improvements in this regard. There is now a window to attract investment from development partners, including India. In his discussions with President Dissanayake, Prime Minister Modi is reported to have referred to the British era oil storage tanks in Trincomalee. These were originally constructed to service the British naval fleet in the Indian Ocean. In 1987, under the Indo Lanka Peace Accord, Sri Lanka agreed to develop these tanks in partnership with India. A further agreement was signed in 2022 involving the Ceylon Petroleum Corporation and the Lanka Indian Oil Corporation to jointly develop the facility.
However, progress has been slow and the project remains only partially implemented. The value of these oil storage tanks has become clearer in the context of global energy uncertainty and tensions in the Middle East. Energy analysts have pointed out that strategic storage facilities can provide countries with greater resilience in times of supply disruption. The Trincomalee tanks could become a significant strategic asset not only for Sri Lanka but also for regional energy security. However, historical baggage continues to stand in the way of Sri Lanka’s deeper economic linkage with India. Both ancient and modern history shape perceptions on both sides.
The asymmetry in size and power between the two countries is a persistent concern within Sri Lanka. India is a regional power, while Sri Lanka is a small country. This imbalance creates both opportunities for partnership and anxieties about overdependence. The present government too has entered into economic and infrastructure agreements with India, but many of these have yet to move beyond initial stages. This has caused frustration to the Indian government, which sees its efforts to support Sri Lanka’s development as not being sufficiently appreciated or effectively utilised. From India’s perspective, delays and hesitation can appear as a lack of commitment. From Sri Lanka’s perspective, caution is often driven by domestic political sensitivities and concerns about sovereignty.
Power Imbalance
At the same time, global developments offer a cautionary lesson. The behaviour of major powers in the contemporary international system shows that states often act in their own interests, sometimes at the expense of smaller partners. What is being seen in the world today is that past friendships and commitments can be abandoned if a bigger and more powerful country can see an opportunity for itself. The plight of Denmark (Greenland) and Canada (51st state) give disturbing messages. Analysts in the field of International Relations frequently point out that power asymmetries shape outcomes in bilateral relations. As one widely cited observation by Lord Parlmeston, a 19th century prime minister of Great Britain is that “nations have no permanent friends or allies, they only have permanent interests.” While this may be an overly stark formulation, it captures an underlying reality that small states must navigate carefully.
For Sri Lanka, this means maintaining a balance. It needs to clearly acknowledge the partnership that India is offering in the area of economic development, as well as in education, connectivity, and technological advancement. India has extended scholarships, supported digital infrastructure, and promoted cross border links that can contribute to Sri Lanka’s long term growth. These are tangible benefits that should not be undervalued. At the same time, Sri Lanka needs to ensure that it does not become overly dependent on Indian largesse or drift into a position where it functions as an appendage of its much larger neighbour. Economic dependence can translate into political vulnerability if not carefully managed. The appropriate response is not to distance itself from India, but to broaden its partnerships. Engaging with a diverse range of countries and institutions can provide Sri Lanka with greater autonomy and resilience.
A hard headed assessment would recognise that India’s support is both genuine and interest driven. India has a clear stake in ensuring that Sri Lanka remains stable, prosperous, and aligned with its broader regional outlook. Sri Lanka needs to move forward with agreed projects such as the Trincomalee oil tanks, improve implementation capacity, and demonstrate reliability as a partner. This does not preclude it from actively seeking investment and cooperation from other partners in Asia and beyond. The path ahead is therefore one of balanced engagement. Sri Lanka can and should welcome India’s partnership while strengthening its own institutions, fulfilling its domestic responsibilities, and diversifying its external relations. This approach can transform a relationship shaped by asymmetry into one defined by mutual benefit and confidence.
by Jehan Perera
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