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Law and marriage

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‘Law is Light’ is a series of trilingual legal discussions to shed light on the law. The Latin maxim ‘ignorantia legis neminem excusat’ translates to ignorance of the law is not an excuse. The Pro Bono Committee of the Law Students’ Association of Sri Lanka strives to educate the general public by simplifying the laws in our country. In the sixth discussion, the programme focused on ‘Laws on Marriage’ to provide an understanding of the rights and duties of individuals.

The discussion featured Attorney-at-Law Nisal Kohona, the Chairman of Veritas Academia

1. What is marriage according to law? What are the laws pertaining to different marriages. Marriage is a contract made in conjunction with the law, where a free man and a free woman reciprocally engage to live in the union that exists between husband and wife.The Sri Lankan General Law of marriage has been considerably influenced by Roman Dutch Law (RDL) and the English law. The Marriage Registration Ordinance (MRO) no.19 of 1907 states the laws pertaining to marriage under general law. The Ordinance applies to marriages between individuals of different ethnic and religious communities. Kandyan Sinhalese may choose to be governed by the General Law or Kandyan Law. The ordinance does not govern marriages contracted between Muslims as the provisions of MRO do not apply.

2. What are the types of valid marriage? Registered marriage: In terms of General Law (MRO) any party other than citizens who follow the Muslim faith can enter into a marriage under this ordinance as stated in the preamble.The Registrar shall follow the steps stated in terms of S.23 to S.36 of the MRO. The issuance of the certificate of marriage is given in Section 26 of the MRO. Thereupon a marriage under MRO will be constituted as validSection 23 (1) – Must check if the parties have resided in Sri Lanka for ten days and one of the parties may give notice to the registrar of the division in which they have dwelt.S. 23 (2) – If not within the same division, must give notice to the registrarS.23 (3) – If one party is not residing in SL, the other party must give noticeS.23 (4) – If neither party is a resident of SL, notice shall be given and such party must reside in Sri Lanka for not less than four days prior to the marriage.

S.25 – After receiving such notices, the registrar shall enter the details in the ‘marriage notice book’ and such is considered to be publication of the notice and then the registrar shall issue the certificate of marriage in terms of Section 26.Customary marriages: The courts have recognized customary marriages contracted according to customary rites and practices. If all the essentials of the customary marriage are in conformity it is possible to contract a valid marriage outside the purview of the statute.

3. Is registering the marriage a vital requirement?Registration of marriage is not mandatory under the ordinance. An entry made in the marriage register is the best evidence of the marriage. The courts do consider the information submitted in the registrar book (S. 41 of the Marriage Registration Ordinance).The law recognizes a rebuttable presumption of marriage by habit and repute (cohabitation). Customary marriages, including those of various ethnicities and the rites and rituals they follow, have been accepted as valid despite the fact that they are unregistered.

4. Who can contract a marriage in terms of age, capacity, prohibited degrees of relationship?In terms of Section 15, prior to 1995, for males it was 16 years and for females it was 12 years. However after the amendment act no.18 of 1995, both parties must have completed 18 years. This was affirmed in the case of (Thiyagarajah V Kurukkal (1923) 25 NLR 69). In this case the girl was 11 years and one month when she entered into marriage. The courts held the marriage null and void. (Gunaratnam V Registrar General)S.16 deals with the prohibited degree of marriage in the following situations:a. Where either party is a direct descendent of the otherb. between a sister and a brother (Either half blood or full blood)c. between parents and their step childrenS.18 states that, no marriage is valid where either party has contracted a prior marriage until it has been legally dissolved or declared void. This was affirmed in the case of Hettiarachchi V Hettiarachchi and others (2004) 3 SLR 116.S.17 of MRO states that any marriage or cohabitation between parties standing towards each other in any of the prohibited degree of relationships, shall be deemed to be an offence, and shall be punishable with imprisonment, simple or rigorous, for any period not exceeding one year.

5. What is cohabitation?This is an instance where two parties have been living together as husband and wife and have been recognised as a married couple by their relatives and friends. It is merely based on a presumption until such has been rebutted. Habit refers to the parties living together as husband and wife for a period of time. Repute refers to their acceptance by the society as a married couple. When a man and woman have lived together as husband and wife, the law will presume unless and until the contrary is proved that they were living together in consequence of marriage and not in a state of concubinage.It must be noted that cohabitation by repute and habit is based on a mere presumption and the simple justification that they are living together does not create a valid marriage. (Requires further indication that they lived as a couple). The burden of rebutting the presumption rests on the person who alleges that there was no lawful marriage and they exist as concubines. In Fernando V Dabarera both the parties cohabiting were dead and there was a need to see if such parties were married as there was no evidence of registration of their marriage. The only evidence that existed was the evidence of how they treated each other. Court held marriage by habit and repute could be recognised by law.

The presumption of habit and repute cannot be raised in the case of Kandyan parties. The Kandyan Marriage and Divorce (Amendment) Act (KMDA) specifically states that registration is compulsory under such act and that a marriage which is not registered either under MRO or KMDA is void.

6. What is customary marriage?A customary marriage is a marriage contracted according to traditional custom and recognised by customs of such country. There are no specific legal provisions stated in the MRO as they are mostly recognized by case law. Customary marriages can be conducted according to the rituals usually followed by those of same ethnicities, religion or area.Customary marriages are governed by the customary laws established in Sri Lanka, the KMDA for Kandyans, Muslim Marriage and Divorce Act (MMDA) for Mulism and Tesawalami for Jaffna Tamils. Any other ethnicities can enter into a marriage under the MRO.

7. What are the different marriage laws in Sri Lanka? There are customary laws wherein any party who falls within the ambit or scope of such act, can either enter into a marriage under such customary law which then will be governed pertaining to the custom or if not such party can enter into a marriage under the General Law of MRO.An example is where the KMDA allows any party who falls within the ambit of such act, to register under the MRO as well, but a marriage cannot be valid until such marriage is registered.

8. Can a person choose which law to be married under?

Of course, if the customary act allows any such person who is a follower of such faith to be married and registered under any laws other than such customary laws, then they can do so.There can be instances where the other party entering into a marriage might not fall within the scope of such customary law. Therefore, a need arises for the freedom to select under which law one should register one’s marriage.

Kandyan marriage

1. Pertaining to Kandyan marriage laws, do both individuals have to be Kandyan?The KMDA applies to Kandyan marriages and divorces as stated in the preamble. It allows any Kandyan who was a resident of the Kandyan province, as at 1850, to enter into a marriage under this law, or any person who is a descendent of the said category. Therefore it is important that both parties are deemed Kandyans in order for the KMDA to apply. However, leeway has been given to parties to register their marriage under the KMDA or the MRO.

2. Is registration compulsory for Kandyan?In terms of Section 3 (1) (a), it states that a marriage between persons subject to Kandyan Law, shall be solemnized and registered under this act or under the MRO and Section 3 (1) (b) states that any such marriage which is not so solemnized and registered shall be invalid.Therefore registration is compulsory if either party is entering into a marriage under the KMDA. However, even a Kandyan can still fall within the ambit of the KMDA although registered under the MRO as the KMDA allows such registration.

3. Is one woman marrying more than one man still in practice under Kandyan Law?Kandyan law does not recognize polygamy and polyandry. This will amount to bigamy just as in ordinary law and will amount to a criminal offence.

4. Can a Kandyan opt out of the Kandyan Marriage Act and marry under General Law?

Yes, they can register themselves under the MRO and the marriage will be governed by laws pertaining to marriage and divorce under the MRO.

(Compile y Zeenath Zakir Pro bono Secretary 2020-2021

The complete discussion is available on YouTube channel ‘Law Students Association of Sri Lanka’, in all three languages. The laws are subject to change with future developments by the legislature.)



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A wage for housework? India’s sweeping experiment in paying women

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Women in Maharashtra aged 21-65 receive a monthly cash transfer of 1,500 rupees ($16) [BBC]

In a village in the central Indian state of Madhya Pradesh, a woman receives a small but steady sum each month – not wages, for she has no formal job, but an unconditional cash transfer from the government.

Premila Bhalavi says the money covers medicines, vegetables and her son’s school fees. The sum, 1,500 rupees ($16: £12), may be small, but its effect – predictable income, a sense of control and a taste of independence – is anything but.

Her story is increasingly common. Across India, 118 million adult women in 12 states now receive unconditional cash transfers from their governments, making India the site of one of the world’s largest and least-studied social-policy experiments.

Long accustomed to subsidising grain, fuel and rural jobs, India has stumbled into something more radical: paying adult women simply because they keep households running, bear the burden of unpaid care and form an electorate too large to ignore.

Eligibility filters vary – age thresholds, income caps and exclusions for families with government employees, taxpayers or owners of cars or large plots of land.

“The unconditional cash transfers signal a significant expansion of Indian states’ welfare regimes in favour of women,” Prabha Kotiswaran, a professor of law and social justice at King’s College London, told the BBC.

The transfers range from 1,000-2,500 rupees ($12-$30) a month – meagre sums, worth roughly 5-12% of household income, but regular. With 300 million women now holding bank accounts, transfers have become administratively simple.

Women typically spend the money on household and family needs – children’s education, groceries, cooking gas, medical and emergency expenses, retiring small debts and occasional personal items like gold or small comforts.

What sets India apart from Mexico, Brazil or Indonesia – countries with large conditional cash-transfer schemes – is the absence of conditions: the money arrives whether or not a child attends school or a household falls below the poverty line.

AFP  Women voters stand in queues to cast their ballots at a polling station during the first phase of voting for assembly elections on November 6, 2025, at the Raghopur constituency in the Vaishali district of the Indian state of Bihar.
Bihar transferred 10,000 rupees to women’s bank accounts ahead of polls [BBC]

 

Goa was the first state to launch an unconditional cash transfer scheme to women in 2013. The phenomenon picked up just before the pandemic in 2020, when north-eastern Assam rolled out a scheme for vulnerable women. Since then these transfers have turned into a political juggernaut.

The recent wave of unconditional cash transfers targets adult women, with some states acknowledging their unpaid domestic and care work. Tamil Nadu frames its payments as a “rights grant” while West Bengal’s scheme similarly recognises women’s unpaid contributions.

In other states, the recognition is implicit: policymakers expect women to use the transfers for household and family welfare, say experts.

This focus on women’s economic role has also shaped politics: in 2021, Tamil actor-turned-politician Kamal Haasan promised “salaries for housewives”. (His fledgling party lost.) By 2024, pledges of women-focused cash transfers helped deliver victories to political parties in Maharashtra, Jharkhand, Odisha, Haryana and Andhra Pradesh.

In the recent elections in Bihar, the political power of cash transfers was on stark display. In the weeks before polling in the country’s poorest state, the government transferred 10,000 rupees ($112; £85) to 7.5 million female bank accounts under a livelihood-generation scheme. Women voted in larger numbers than men, decisively shaping the outcome.

Critics called it blatant vote-buying, but the result was clear: women helped the Bharatiya Janata Party (BJP)-led coalition secure a landslide victory. Many believe this cash infusion was a reminder of how financial support can be used as political leverage.

Yet Bihar is only one piece of a much larger picture. Across India, unconditional cash transfers are reaching tens of millions of women on a regular basis.

Maharashtra alone promises benefits for 25 million women; Odisha’s scheme reaches 71% of its female voters.

In some policy circles, the schemes are derided as vote-buying freebies. They also put pressure on state finances: 12 states are set to spend around $18bn on such payouts this fiscal year. A report by think-tank PRS Legislative Research notes that half of these states face revenue deficits – this happens when a state borrows to pay regular expenses without creating assets.

But many argue they also reflect a slow recognition of something India’s feminists have argued for decades: the economic value of unpaid domestic and care work.

Women in India spent nearly five hours a day on such work in 2024 – more than three times the time spent by men, according to the latest Time Use Survey. This lopsided burden helps explain India’s stubbornly low female labour-force participation. The cash transfers, at least, acknowledge the imbalance, experts say.

Do they work?

Evidence is still thin but instructive. A 2025 study in Maharashtra found that 30% of eligible women did not register – sometimes because of documentation problems, sometimes out of a sense of self-sufficiency. But among those who did, nearly all controlled their own bank accounts.

Swastik Pal Soma Das sells clothes using the money, supporting her seven-member household in West Bengal
Soma Das sells clothes using the money, supporting her household in West Bengal [BBC]

 

A 2023 survey in West Bengal found that 90% operated their accounts themselves and 86% decided how to spend the money. Most used it for food, education and medical costs; hardly transformative, but the regularity offered security and a sense of agency.

More detailed work by Prof Kotiswaran and colleagues shows mixed outcomes.

In Assam, most women spent the money on essentials; many appreciated the dignity it afforded, but few linked it to recognition of unpaid work, and most would still prefer paid jobs.

In Tamil Nadu, women getting the money spoke of peace of mind, reduced marital conflict and newfound confidence – a rare social dividend. In Karnataka, beneficiaries reported eating better, gaining more say in household decisions and wanting higher payments.

Yet only a sliver understood the scheme as compensation for unpaid care work; messaging had not travelled. Even so, women said the money allowed them to question politicians and manage emergencies. Across studies, the majority of women had full control of the cash.

“The evidence shows that the cash transfers are tremendously useful for women to meet their own immediate needs and those of their households. They also restore dignity to women who are otherwise financially dependent on their husbands for every minor expense,” Prof Kotiswaran says.

Importantly, none of the surveys finds evidence that the money discourages women from seeking paid work or entrench gender roles – the two big feminist fears, according to a report by Prof Kotiswaran along with Gale Andrew and Madhusree Jana.

Nor have they reduced women’s unpaid workload, the researchers find. They do, however, strengthen financial autonomy and modestly strengthen bargaining power. They are neither panacea nor poison: they are useful but limited tools, operating in a patriarchal society where cash alone cannot undo structural inequities.

Swastik Pal Women at a cash transfer camp in West Bengal
Women welcome the dignity the cash transfers provide [BBC]

 

What next?

The emerging research offers clear hints.

Eligibility rules should be simplified, especially for women doing heavy unpaid care work. Transfers should remain unconditional and independent of marital status.

But messaging should emphasise women’s rights and the value of unpaid work, and financial-literacy efforts must deepen, researchers say. And cash transfers cannot substitute for employment opportunities; many women say what they really want is work that pays and respect that endures.

“If the transfers are coupled with messaging on the recognition of women’s unpaid work, they could potentially disrupt the gendered division of labour when paid employment opportunities become available,” says Prof Kotiswaran.

India’s quiet cash transfers revolution is still in its early chapters. But it already shows that small, regular sums – paid directly to women – can shift power in subtle, significant ways.

Whether this becomes a path to empowerment or merely a new form of political patronage will depend on what India chooses to build around the money.

[BBC]

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People set example for politicians to follow

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Disaster relief (AFP picture)

Some opposition political parties have striven hard to turn the disaster of Cyclone Ditwah to their advantage. A calamity of such unanticipated proportions ought to have enabled all political parties to come together to deal with this tragedy. Failure to do so would indicate both political and moral bankruptcy. The main issue they have forcefully brought up is the government’s failure to take early action on the Meteorological Department’s warnings. The Opposition even convened a meeting of their own with former President Ranil Wickremesinghe and other senior politicians who shared their experience of dealing with natural and man-made disasters of the past, and the present government’s failures to match them.

The difficulty to anticipate the havoc caused by the cyclone was compounded by the neglect of the disaster management system, which includes previous governments that failed to utilise the allocated funds in an open, transparent and corruption free manner. Land designated as “Red Zones” by the National Building Research Organisation (NBRO), a government research and development institute, were built upon by people and ignored by successive governments, civil society and the media alike. NBRO was established in 1984. According to NBRO records, the decision to launch a formal “Landslide Hazard Zonation Mapping Project (LHMP)” dates from 1986. The institutional process of identifying landslide-prone slopes, classifying zones (including what we today call “Red Zones”), and producing hazard maps, started roughly 35 to 40 years ago.

Indonesia, Thailand and the Philippines which were lashed by cyclones at around the same time as Sri Lanka experienced Cyclone Ditwah were also unprepared and also suffered enormously. The devastation caused by cyclones in the larger southeast Asian region is due to global climate change. During Cyclone Ditwah some parts of the central highlands received more than 500 mm of rainfall. Official climatological data cite the average annual rainfall for Sri Lanka as roughly 1850 mm though this varies widely by region: from around 900 mm in the dry zones up to 5,000 mm in wet zones. The torrential rains triggered by Ditwah were so heavy that for some communities they represented a rainfall surge comparable to a major part of their typical annual rainfall.

Inclusive Approach

Climate change now joins the pantheon of Sri Lanka’s challenges that are beyond the ability of a single political party or government to resolve. It is like the economic bankruptcy, ethnic conflict and corruption in governance that requires an inclusive approach in which the Opposition, civil society, religious society and the business community need to join rather than merely criticise the government. It will be in their self-interest to do so. A younger generation (Gen Z), with more energy and familiarity with digital technologies filled, the gaps that the government was unable to fill and, in a sense, made both the Opposition and traditional civil society redundant.

Within hours of news coming in that floods and landslides were causing havoc to hundreds of thousands of people, a people’s movement for relief measures was underway. There was no one organiser or leader. There were hundreds who catalysed volunteers to mobilise to collect resources and to cook meals for the victims in community kitchens they set up. These community kitchens sprang up in schools, temples, mosques, garages and even roadside stalls. Volunteers used social media to crowdsource supplies, match donors with delivery vehicles, and coordinate routes that had become impassable due to fallen trees or mudslides. It was a level of commitment and coordination rarely achieved by formal institutions.

The spontaneous outpouring of support was not only a youth phenomenon. The larger population, too, contributed to the relief effort. The Galle District Secretariat sent 23 tons of rice to the cyclone affected areas from donations brought by the people. The Matara District Secretariat made arrangements to send teams of volunteers to the worst affected areas. Just as in the Aragalaya protest movement of 2022, those who joined the relief effort were from all ethnic and religious communities. They gave their assistance to anyone in need, regardless of community. This showed that in times of crisis, Sri Lankans treat others without discrimination as human beings, not as members of specific communities.

Turning Point

The challenge to the government will be to ensure that the unity among the people that the cyclone disaster has brought will outlive the immediate relief phase and continue into the longer term task of national reconstruction. There will be a need to rethink the course of economic development to ensure human security. President Anura Kumara Dissanayake has spoken about the need to resettle all people who live above 5000 feet and to reforest those areas. This will require finding land for resettlement elsewhere. The resettlement of people in the hill country will require that the government address the issue of land rights for the Malaiyaha Tamils.

Since independence the Malaiyaha Tamils have been collectively denied ownership to land due first to citizenship issues and now due to poverty and unwillingness of plantation managements to deal with these issues in a just and humanitarian manner beneficial to the workers. Their resettlement raises complex social, economic and political questions. It demands careful planning to avoid repeating past mistakes where displaced communities were moved to areas lacking water, infrastructure or livelihoods. It also requires political consensus, as land is one of the most contentious issues in Sri Lanka, tied closely to identity, ethnicity and historical grievances. Any sustainable solution must go beyond temporary relocation and confront the historical exclusion of the Malaiyaha Tamil community, whose labour sustains the plantation economy but who remain among the poorest groups in the country.

Cyclone Ditwah has thus become a turning point. It has highlighted the need to strengthen governance and disaster preparedness, but it has also revealed a different possibility for Sri Lanka, one in which the people lead with humanity and aspire for the wellbeing of all, and the political leadership emulates their example. The people have shown through their collective response to Cyclone Ditwah that unity and compassion remain strong, which a sincere, moral and hardworking government can tap into. The challenge to the government will be to ensure that the unity among the people that the cyclone disaster has brought will outlive the immediate relief phase and continue into the longer term task of national reconstruction with political reconciliation.

by Jehan Perera

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An awakening: Revisiting education policy after Cyclone Ditwah

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One of the schools flooded during the recent disasters. (Image courtesy Sri Lanka Navy)

In the short span of two or three days, Cyclone Ditwah, has caused a disaster of unprecedented proportions in our midst. Lashing away at almost the entirety of the country, it has broken through the ramparts of centuries old structures and eroded into areas, once considered safe and secure.

The rains may have passed us by. The waters will recede, shops will reopen, water will be in our taps, and we can resume the daily grind of life. But it will not be the same anymore; it should not be. It should not be business as usual for any of us, nor for the government. Within the past few years, Sri Lankan communities have found themselves in the middle of a crisis after crisis, both natural and man-made, but always made acute by the myopic policies of successive governments, and fuelled by the deeply hierarchical, gendered and ethnicised divides that exist within our societies. The need of the hour for the government today is to reassess its policies and rethink the directions the country, as a whole, has been pushed into.

Neoliberal disaster

In the aftermath of the devastation caused by the natural disaster, fundamental questions have been raised about our existence. Our disaster is, in whole or in part, the result of a badly and cruelly managed environment of the planet. Questions have been raised about the nature of our economy. We need to rethink the way land is used. Livelihoods may have to be built anew, promoting people’s welfare, and by deveoloping a policy on climate change. Mega construction projects is a major culprit as commentators have noted. Landslides in the upcountry are not merely a result of Ditwah lashing at our shores and hills, but are far more structural and points to centuries of mismanagement of land. (https://island.lk/weather-disasters-sri-lanka-flooded-by-policy-blunders-weak-enforcement-and-environmental-crime-climate-expert/). It is also about the way people have been shunted into lands, voluntarily or involuntarily, that are precarious, in their pursuit of a viable livelihood, within the limited opportunities available to them.

Neo liberal policies that demand unfettered land appropriation and built on the premise of economic growth at any expense, leading to growing rural-urban divides, need to be scrutinised for their short and long term consequences. And it is not that any of these economic drives have brought any measure of relief and rejuvenation of the economy. We have been under the tyrannical hold of the IMF, camouflaged as aid and recovery, but sinking us deeper into the debt trap. In October 2025, Ahilan Kadirgamar writes, that the IMF programme by the end of 2027, “will set up Sri Lanka for the next crisis.” He also lambasts the Central Bank and the government’s fiscal policy for their punishing interest rates in the context of disinflation and rising poverty levels. We have had to devalue the rupee last month, and continue to rely on the workforce of domestic workers in West Asia as the major source of foreign exchange. The government’s negotiations with the IMF have focused largely on relief and infrastructure rebuilding, despite calls from civil society, demanding debt justice.

The government has unabashedly repledged its support for the big business class. The cruelest cut of them all is the appointment of a set of high level corporate personalities to the post-disaster recovery committee, with the grand name, “Rebuilding Sri Lanka.” The message is loud and clear, and is clearly a slap in the face of the working people of the country, whose needs run counter to the excessive greed of extractive corporate freeloaders. Economic growth has to be understood in terms that are radically different from what we have been forced to think of it as, till now. For instance, instead of investment for high profits, and the business of buy and sell in the market, rechannel investment and labour into overall welfare. Even catch phrases like sustainable development have missed their mark. We need to think of the economy more holistically and see it as the sustainability of life, livelihood and the wellbeing of the planet.

The disaster has brought on an urgency for rethinking our policies. One of the areas where this is critical is education. There are two fundamental challenges facing education: Budget allocation and priorities. In an address at a gathering of the Chamber of Commerce, on 02 December, speaking on rebuilding efforts, the Prime Minister and Minister of Education Dr. Harini Amarasuriya restated her commitment to the budget that has been passed, a budget that has a meagre 2.4% of the GDP allocated for education. This allocation for education comes in a year that educational reforms are being rolled out, when heavy expenses will likely be incurred. In the aftermath of the disaster, this has become more urgent than ever.

Reforms in Education

The Government has announced a set of amendments to educational policy and implementation, with little warning and almost no consultation with the public, found in the document, Transforming General Education in Sri Lanka 2025 published by the Ministry of Education. Though hailed as transformative by the Prime Minister (https://www.news.lk/current-affairs/in-the-prevailing-situation-it-is-necessary-to-act-strategically-while-creating-the-proper-investments-ensuring-that-actions-are-discharged-on-proper-policies-pm), the policy is no more than a regurgitation of what is already there, made worse. There are a few welcome moves, like the importance placed on vocational training. Here, I want to raise three points relating to vital areas of the curriculum that are of concern: 1) streamlining at an early age; relatedly 2) prioritising and privileging what is seen as STEM education; and 3) introducing a credit-based modular education.

1. A study of the policy document will demonstrate very clearly that streamlining begins with Junior Secondary Education via a career interest test, that encourages students to pursue a particular stream in higher studies. Further Learning Modules at both “Junior Secondary Education” and “Senior Secondary Education Phase I,” entrench this tendency. Psychometric testing, that furthers this goal, as already written about in our column (https://kuppicollective.lk/psychometrics-and-the-curriculum-for-general-education/) points to the bizarre.

2. The kernel of the curriculum of the qualifying examination of Senior Secondary Education Phase I, has five mandatory subjects, including First Language, Math, and Science. There is no mandatory social science or humanities related subject. One can choose two subjects from a set of electives that has history and geography as separate subjects, but a Humanities/Social Science subject is not in the list of mandatory subjects. .

3. A credit-based, modular education: Even in universities, at the level of an advanced study of a discipline, many of us are struggling with module-based education. The credit system promotes a fragmented learning process, where, depth is sacrificed for quick learning, evaluated numerically, in credit values.

Units of learning, assessed, piece meal, are emphasised over fundamentals and the detailing of fundamentals. Introducing a module based curriculum in secondary education can have an adverse impact on developing the capacity of a student to learn a subject in a sustained manner at deeper levels.

Education wise, and pedagogically, we need to be concerned about rigidly compartmentalising science oriented, including technological subjects, separately from Humanities and Social Studies. This cleavage is what has led to the idea of calling science related subjects, STEM, automatically devaluing humanities and social sciences. Ironically, universities, today, have attempted, in some instances, to mix both streams in their curriculums, but with little success; for the overall paradigm of education has been less about educational goals and pedagogical imperatives, than about technocratic priorities, namely, compartmentalisation, fragmentation, and piecemeal consumerism. A holistic response to development needs to rethink such priorities, categorisations and specialisations. A social and sociological approach has to be built into all our educational and development programmes.

National Disasters and Rebuilding Community

In the aftermath of the disaster, the role of education has to be rethought radically. We need a curriculum that is not trapped in the dichotomy of STEM and Humanities, and be overly streamlined and fragmented. The introduction of climate change as a discipline, or attention to environmental destruction cannot be a STEM subject, a Social Science/Humanities subject or even a blend of the two. It is about the vision of an economic-cum-educational policy that sees the environment and the economy as a function of the welfare of the people. Educational reforms must be built on those fundamentals and not on real or imagined short term goals, promoted at the economic end by neo liberal policies and the profiteering capitalist class.

As I write this, the sky brightens with its first streaks of light, after days of incessant rain and gloom, bringing hope into our hearts, and some cheer into the hearts of those hundreds of thousands of massively affected people, anxiously waiting for a change in the weather every second of their lives. The sense of hope that allows us to forge ahead is collective and social. The response by Lankan communities, to the disaster, has been tremendously heartwarming, infusing hope into what still is a situation without hope for many. This spirit of collective endeavour holds the promise for what should be the foundation for recovery. People’s demands and needs should shape the re-envisioning of policy, particularly in the vital areas of education and economy.

(Sivamohan Sumathy was formerly attached to the Department of English, 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 Sivamohan Sumathy

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