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Is an air accident a crime?

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Air India Boeing B787 crashing last month

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 ✍️



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The Ramadan War

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Benjamin Netanyahu, Donald Trump and Mojtaba Khamenei

A Strategic Assessment of a Conflict Still Unresolved

The Unites States of America and its ally, Israel attacked Iran on 28 February, or the 10th day of the month of Ramadan. More than a month of intense fighting has passed since, and the Ramadan War has settled into a grinding, attritional struggle that defies early declarations of victory. Despite sustained U.S. and Israeli air and naval bombardment, Iran remains standing, and continues to strike back with a level of resilience that has surprised many observers. The conflict has evolved into a contest of endurance, adaptation, and strategic innovation, with each side attempting to impose costs the other cannot bear.

Iran’s response to the overwhelming airpower of its adversaries has been both simple and devastatingly effective: saturate enemy defences with swarms of inexpensive drones and older ballistic missiles, forcing them to expend costly interceptors and reveal radar positions, and then follow up with salvos of its most advanced precisionguided missiles. This layered approach has inflicted severe physical damage on Israel and has shaken its national morale. The country has endured repeated missile barrages from Iran and rocket fire from Hezbollah, straining its airdefence network and pushing its civilian population to the limits of endurance.

The United States, meanwhile, has been forced to evacuate or reduce operations at several bases in the Gulf region due to persistent Iranian drone and missile attacks. For both the U.S. and Israel, the war has become a test of strategic credibility. For Iran, by contrast, victory is defined not by territorial gains or decisive battlefield outcomes, but by survival, and by continuing to impose costs on its adversaries.

The central strategic objective for the U.S. has now crystallised: reopening the Strait of Hormuz to secure global energy flows. Ironically, the Strait was open before the war began; it is the conflict itself that has rendered it effectively closed. Air and naval power alone cannot achieve this objective. The geography of the Strait, combined with Iran’s layered defences, means that any lasting solution will require ground forces, a reality that carries enormous risks.

U.S. Strategic Options

The United States faces five broad operational options, each with significant drawbacks.

1. Seizing Kharg Island

Kharg Island handles roughly 90% of Iran’s oil exports, making it an attractive target. However, it lies only a short distance from the Iranian mainland, where entrenched Iranian forces maintain dense networks of missile batteries, drones, artillery, and coastal defences. Any attempt to seize Kharg would require first neutralising or capturing the adjacent coastline, a costly amphibious and ground operation.

Even if successful, this would not reopen the Strait of Hormuz. It would merely deprive Iran of export capacity, which is not the primary U.S. objective. At least ostensibly not; there are those who argue that the U.S. simply wants to take over Iran’s petroleum (see below).

2. Forcing the Strait of Hormuz by Naval Power

Sending U.S. naval forces directly through the Strait is theoretically possible but operationally hazardous. Iran has mined all but a narrow channel hugging its own shoreline. That channel is covered by overlapping fields of antiship missiles, drones, artillery, and coastal radar. Clearing the mines would require prolonged operations under fire. Attempting to push through without clearing them would risk catastrophic losses.

3. Capturing Qeshm, Hengam, Larak, and Hormuz Islands

These islands dominate the Iranian side of the Strait and host radar, missile, and drone installations. Capturing them would degrade Iran’s ability to close the Strait, but the islands are heavily fortified, and the surrounding waters are mined. Amphibious assaults against defended islands are among the most difficult military operations. Even success would not guarantee the Strait’s longterm security unless the mainland launch sites were also neutralised.

4. Invading Southern Iraq and Crossing into Khuzestan

This option would involve U.S. forces advancing through southern Iraq, crossing the Shatt alArab waterway, and pushing into Iran’s Khuzestan province — home to most of Iran’s oilfields. The terrain is difficult: marshes, waterways, and narrow approaches. Iranian forces occupy the high ground overlooking the plains.

While this route would allow Saudi armoured forces to participate, it would also expose U.S. and allied logistics to attacks by Iraqi Shia militias, who have already demonstrated their willingness to target U.S. assets. The political and operational risks are immense.

5. Capturing Chabahar and Advancing Along the Coast

The most strategically promising — though still costly — option is seizing the port of Chabahar in southeastern Iran and advancing roughly 660 kilometres along the coast toward Bandar Abbas. This approach offers several advantages:

· Distance from Iran’s core population centres complicates Iranian logistics.

· Chabahar’s deepwater port (16m draught)

would provide a valuable logistics hub.

· U.S. carriers could remain at safer standoff distances

, supporting operations without entering the Strait.

· The coastal route allows naval gunfire and missile support

to assist advancing ground forces.

· Local Baluchi insurgents

could provide intelligence and limited support.

· Capturing Bandar Abbas would

outflank Iran’s island defences and effectively reopen the Strait.

This option is likely to form the backbone of any U.S. ground campaign, potentially supplemented by diversionary attacks by regional partners to stretch Iranian defences.

The Limits of U.S. Superiority

The United States retains overwhelming superiority in naval power and manned airpower. But whether this advantage translates into dominance in unmanned systems or ground combat is far from certain.

The 2003 invasion of Iraq is often cited as a model of U.S. military prowess, but the comparison is misleading. Iraq in 2003 had been crippled by a decade of sanctions. Its forces lacked modern mines, antitank missiles, and effective air defences. Tank crews had little training; some could not hit targets at pointblank range. RPG teams were similarly unprepared. The U.S. enjoyed numerical superiority in the theatre and total control of the air, allowing it to isolate Iraqi units and prevent reinforcement.

Even under those favourable conditions, Iraqi forces managed to delay the U.S. advance. At one point, forward U.S. units nearly ran out of ammunition and supplies, forcing the diversion of forces intended for the assault on Baghdad to secure the lines of communication.

Iran is not Iraq in 2003. Its armed forces and industrial base have adapted to nearly half a century of sanctions. It produces its own drones, missiles, artillery, and armoured vehicles. It has built extensive underground facilities, hardened command posts, and redundant communication networks.

Moreover, the battlefield itself has changed. The RussoUkrainian war demonstrated that deep armoured penetrations – once the hallmark of U.S. doctrine – are now extremely vulnerable to drones, loitering munitions, and precision artillery. The result has been a return to attritional warfare reminiscent of the First World War, with front lines stabilising into trench networks.

Yet, as in the First World War, stalemate has been broken not by massed assaults but by small, highly trained teams infiltrating thinly held lines, identifying targets, and guiding drones and artillery onto enemy positions deep in the rear. Iran has studied these lessons closely.

Mosaic Defence and Transformational Warfare

Iran’s military doctrine has evolved significantly over the past two decades. Its “mosaic defence” decentralises command and control, ensuring that even if senior leadership is targeted, local units can continue operating autonomously. This structure proved resilient during the initial waves of U.S. and Israeli strikes.

Iran has also absorbed lessons from U.S. “shock and awe” operations. The botched U.S. invasion of Grenada in 1983 exposed weaknesses in joint operations, prompting the development of “effectsbased operations,” “rapid dominance” and the broader concept of “transformational warfare.” These doctrines (better known colloquially as “Shock and Awe”), influenced by Liddell Hart and Sun Tzu, emphasised simultaneous strikes on strategic targets to paralyse the enemy’s decisionmaking.

While the U.S. struggled to apply these concepts effectively in Iraq and Iran, Tehran has adapted them for asymmetric use. Its drone and missile campaigns have targeted not only military assets but also economic infrastructure and psychological resilience. Israel’s economy and morale have been severely tested, and the United States finds itself entangled in a conflict that offers no easy exit.

Iran has also pursued a broader strategic objective: undermining the petrodollar system that underpins U.S. financial dominance. By disrupting energy flows and encouraging alternative trading mechanisms, Iran seeks to weaken the economic foundations of U.S. power.

Will the USA Achieve Its War Aims?

The United States’ core objective appears to be securing control over global energy flows by reopening the Strait of Hormuz and limiting China’s access to Middle Eastern oil before it can transition to alternative energy sources. Whether this objective is achievable remains uncertain.

A ground campaign would be long, costly, and politically fraught. Iran’s defences are deep, layered, and adaptive. Its drone and missile capabilities have already demonstrated their ability to impose significant costs on technologically superior adversaries. Regional allies are cautious, and global support for a prolonged conflict is limited.

The United States retains overwhelming military power, but power alone does not guarantee strategic success. Iran’s strategy is simple: survive, adapt, and continue imposing costs. In asymmetric conflicts, survival itself can constitute victory.

In Frank Herbert’s Dune, the protagonist, Paul Muad’dib says “he who can destroy a thing, controls a thing.” This is the essence of Iranian strategy – they have a stranglehold on petroleum supply, and can destroy the world economy. Trump has had to loosen sanctions on both Iran’s and Russia’s oil, simply to prevent economic collapse.

The Ramadan War has already reshaped regional dynamics. Whether it reshapes global power structures will depend on how the next phase unfolds, and whether the United States is willing to pay the price required to achieve its aims.

by Vinod Moonesinghe

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Nayanandaya:A literary autopsy of Sri Lanka’s Middle Class

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“Nayanandaya,” meaning the enchantment of indebtedness, is Surath de Mel’s latest novel. True to his reputation as a maximalist writer, de Mel traverses the labyrinth of middle-class struggles; poverty, unemployment, the quest for education, through a father’s fragile dreams. The novel unfolds around Mahela, his son, his friendships, and the fragile relationships that keep him tethered to life.

“Happiness is not a destination; it is a journey. There are no shortcuts to it. At some point, the path you thought was right will be wrong. You have to make sacrifices for it.”

These words, uttered by the protagonist Mahela to his ten-year-old son, is the silent mantra of every middle-class parent. A common urban middle-class father’s yearning for his child to climb the ladder he himself could not ascend.

A Socio-Political Mirror

Sri Lanka’s middle class remains trapped in paradox. They are educated but underemployed, salaried but indebted, socially respected yet politically invisible. Structural inequalities, economic volatility and populist politics inclusively contribute to keep them “forever middle”.

Through protagonist Mahela, who is sometimes a graphic designer, sometimes a vendor and always a failure Surath de Mel sketches the deficiencies of an education system that does not nurture skills of the students. Sri Lanka boasts about high literacy rates, yet the economy cannot absorb the thousands of graduates produced into meaningful work. Underemployment becomes the inheritance of the middle class. With political connections often the stories can be transformed. De Mel pens it in dark humour to expose these truths:

“Some notorious writer once sneered in a newspaper, ‘Give your ass to the minister, and you’ll earn the right to keep it on a bigger chair.’ Countless people waiting in ministers’ offices, pressing

their backsides to seats, carrying the weight of their own lives.”

Childhood Trauma and Its Echoes

Surath de Mel frequently weaves psychoanalysis into his fiction. In Nayanandaya, he captures the lingering shadows of childhood trauma. Mahela, scarred by a loveless and fractured youth, suffers phobic anxiety and depression, apparently with a personality disorder as an adult. His confession at the psychologist reveals it out:

“Childhood? I didn’t have one. I was fifteen when I was born.”

Here, Mahela marks his true birth not at infancy, but at the death of his parents. This statement itself reveals the childhood trauma the protagonist had gone through and the reader can attribute his subsequent psychological struggles as the cause of it.

Surath de Mel

From a Lacanian perspective, trauma is not just something that happens to a child; it is a deep break in how the child understands the world, themselves, and others. Some experiences are too painful to be put into words. Lacan calls this the Real — what cannot be fully spoken or explained. This pain does not disappear but returns later in life as anxiety, fear, or obsessive compulsive disorder.

This trauma disturbs the child’s sense of self and their place in society. When language fails to make sense of loss, the mind creates fantasies to survive. These fantasies quietly shape adult desires, relationships, and choices.

In Nayanandaya, childhood trauma of the protagonist does not stay buried — it lives on, shaping the adulthood in unseen ways. In the narrative, Mahela’s struggles are not just personal failures but the result of a past that was never given words.

Tears of Fathers – Forgotten in Sri Lankan Literature

Sri Lankan literature has long been attentive to suffering — especially rural poverty, social injustice, and the silent endurance of women and single mothers. Countless novels, poems, and songs have given voice to maternal sacrifice, female resilience, and women’s oppression.

Yet, within this rich narratives, the quiet grief of the urban middle-class father remains mostly unseen. Rarely does fiction pause to examine the emotional lives of men who shoulder responsibility without language for their pain. These masculine tears are private, swallowed by routinely and masked by humour or silence. Definitely never granted literary space.

In Nayanandaya, Surath de Mel breaks this silence. Through Mahela, he lends voice to these overlooked men — fathers whose love is expressed through sacrifice rather than speech. However, de Mel does not romanticise the tears. Rather he humanises them. He allows their vulnerabilities, anxieties, and quiet despair to surface with honesty and compassion. In doing so, Nayanandaya fills a striking gap in Sri Lankan literature, reminding us that fathers, too, carry invisible wounds.

Literary value

With Nayanandaya, Surath de Mel reaches a new pinnacle in his literary craft. His language is dense yet lyrical, enriched with similes, metaphors, irony, and a full range of literary tools deployed with confidence and control.

One of the novel’s most touching narrative choices is the personification of Mahela’s son’s soft toy, Wonie. Through personified Wonie, de Mel captures the two most touching incidents in the entire novel . This simply reveals the author’s artistic maturity, transforming a simple object into a powerful emotional conduit that anchors the novel’s tenderness amidst its despair.

At a deeper symbolic level, Mahela himself can be read as more than an individual character, but a metaphor for Sri Lanka — a nation struggling under economic hardship, clinging to impractical dreams, witnessing the migration of its people, and drifting towards a slow, painful exhaustion. His personal failures could mirror the broader decay of social and economic structures. This symbolic reading lends Nayanandaya a haunting national resonance.

Today, many write and many publish, but only a few transform language into literature that lingers in the reader’s mind long after the final page. Surath de Mel belongs to that rare few. In a literary landscape crowded with voices, he remains devoted to art rather than popularity or trend. As a scholar of Sinhala language and literature, de Mel writes with intellectual depth, dark humour, and deep human empathy.

In conclusion, Nayanandaya is not merely a story; it is social commentary, psychoanalytic reflection, and tragic poetry woven into richly textured prose. With this novel — a masterful interlacing of love, debt, and fragile dreams — Surath de Mel engraves a distinctly Dostoevskian signature into Sinhala literature.

Reviewed by Dr. Charuni Kohombange

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Domestic Energy Saving

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Around 40 percent of the annual energy we use is consumed in domestic activities. Energy is costly, and supply is not unlimited. Unfortunately, we realize the importance of energy – saving only during the time of a crisis.

If you adopt readily affordable energy-saving strategies, you will cut down your living expenditure substantially, relieving the energy burden of the nation. Here are some tips.

Cooking:

Cooking consumes a good portion of domestic energy demand and common practices, and negligence leads to 30 – 40 percent wastage. A simple experiment revealed that the energy expenditure in boiling an egg with the usual unnecessary excess water in an open pan is nearly 50 percent higher than boiling in a closed lid pan with the minimal amount of water. In an open pan, a large quantity of heat is lost via convection currents and expulsion of water vapor, carrying excessive amounts of heat energy (latent heat of vaporisation). Still, most of us boil potatoes for prolonged intervals of time in open receptacles, failing to realise that it is faster and more efficient to boil potatoes or any other food material in a closed pan. About 30 – 40 percent of domestic cooking energy requirements can be cut down by cooking in closed-lid pans. Furthermore, food cooked in closed pans is healthier because of less mixing with air that causes food oxidation. Fat oxidation generates toxic substances. In a closed- lid utensil (not tightly closed), food is covered with a blanket of water vapor at a positive pressure, preventing entry of air and therefore food oxidation.

Overcooking is another bad habit that not only wastes energy but also degrades the nutritional value of food.

Electric kettle:

For making morning or evening tea or preparing tea to serve a visitor. Do not pour an unnecessarily large quantity of water into the electric kettle. Note that the energy needed to make 10 cups of tea is ten times that of one cup.

Electric Ovens:

Avoid the use of electric ovens as far as possible. Remember that foods cooked at higher temperatures are generally unhealthy, and even carcinogens are formed when food is fried at higher temperatures in an oven. If ever you need to bake something in an oven, limit the number of times you open the door. Use smaller ovens adequate for the purpose and not larger ones just for fashion.

Refrigerators:

Refrigerators consume lots of energy. Do not use over-capacity refrigerators just for fashion. Every time you open the fridge, more electricity is used to reset the cooling temperature. Plan your access to the appliance accordingly. Check whether the doors are properly secured and there are no leakages. Keep the fridge in a cooler location, not hit by direct sunlight and away from warmer places in the kitchen. Remember that turning off the fridge frequently will not save energy, instead it draws more energy.

Use of gas burners:

Do not use oversized utensils. Keep the lid closed as far as possible to prevent the escape of heat. Remember that excessive amounts of heat energy are carried away by a large surface-area conducting utensil. Do not open the gas vent to allow the flame to flash outside the vessel. A flame not impinging on the pan would not heat it, and gas is wasted. Ensure that the flame is blue. Frequently check whether gas vents are clogged with rust and carbon. Frequently, cooking material in the pan drops into the gas vents, and salt there corrodes the gas vents. Cleaning and washing would be necessary. Do not prolong cooking, taking time to prepare ingredients and adding them to the pan intermittently. Add ingredients at once and before switching the burner. If the preparation of a dish is prolonged to slow the cooking, use earthenware pots rather than metallic ones. An earthenware pot, being thermally less conducting retain heat.

Firewood for cooking:

Do not attempt to eliminate the use of firewood in cooking. If you are living in a village area, the exclusive use of LPG gas is an unnecessary expenditure. Large smoke-free, efficient oven designs are now available. If you are compelled to use gas, keep the option of firewood ovens, especially for prolonged cooking. Admittedly, there are locations, especially in cities, where the use of firewood is unsuited.

Hot water showers:

Before installing hot water showers, reconsider whether they are really necessary in a hot tropical climate. Go for solar water heaters, although the installation cost is high. Instant water heaters consume much less electricity compared to geysers with water tanks. Now, cheap and safe instant water heaters are available.

Lighting:

Arrange and design your residence to optimise daytime illumination until late evening. If you are constructing a new house, take this issue into account. Use LED lamps, which provide the same illumination for 85 percent less energy. In study rooms and areas that require prolonged illumination, paint the walls white. Angle – poised LED lamps with very low voltage are available. Use them for reading and studies. Routinely clean the surfaces of all lamps. Dust deposition cuts off light.

Air conditioning and ventilation:

Air conditioning consumes prohibitively large quantities of electrical energy. You can avoid air conditioning by optimising ventilation. The principle is to have air entry points (windows) in the house near the ground level and exit points (vents or windows) near the roof. Ground level is cooler, and the region near the roof is warmer. Thus, a cool air current enters the house near the ground level and hot air is drawn by the vents near the roof. The region near the ground can be rendered cooler by planting trees. Architectural designs are available to optimise this effect. You can sense the direction of air motion by holding a thin strip of paper near the windows at the ground and near the roof level. In addition to ceiling fan, install exhaust fans in the upper points of the house to remove hot air and draw cooler air through windows near the ground. Reduce the amount of sunlight hitting the roof by shading with trees. There are techniques for increasing the reflectance of the roof with paints and other designs.

Transportation:

A good portion of your budget is drained by transportation. Irrespective of who you are, use public transport if convenient and available. As much as possible, use the telephone and email to get your things done. If the officers do not comply for no valid reason, complain. Plan your trips to the town to do several things at the same time. Whenever possible, plan to share transport. Buy energy – efficient small vehicles. Routinely examine your vehicle for energy efficiency, i.e. correct tire pressure etc.

Charge electric vehicles off peak hours. Slow charging reduces heat generation in the circuit, reducing energy loss.

Energy is costly and limited in supply. Everything you do consumes energy. Be energy conscious in all your deeds. That attitude will reduce your expenditure, lessen the environmental degradation and financial burden of the nation in importing fuel.

Educating the general public is the most effective way of implementing energy-saving strategies.

By Prof. Kirthi Tennakone
(kenna@yahoo.co.uk)

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