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Market manipulation and insider dealing

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No person shall engage in any action intended to create, or that could reasonably be expected to create, a false or misleading appearance of active trading or market conditions, or regarding the market or price of any securities listed on a licensed stock exchange.

This provision is outlined in Rule 12 of the SEC Rules, published in the Gazette Extraordinary No. 1215/2 dated 18th December 2001, titled ‘Acts Committed to Create a False or Misleading Appearance of an Active Share Market.’

Numerous criminal prosecutions are currently underway at Magistrate Courts in Colombo, as reported by the Securities Exchange Commission (SEC) on its website (https://www.sec.gov.lk/criminal-prosecution/). These cases primarily fall into two categories: insider dealings and market manipulation. Insider dealing (or insider trading) is generally considered a separate category of criminal offense from market manipulation, though both are related to unethical or illegal activities in financial markets. Here’s a clearer distinction:

Insider Dealing (Insider Trading): Insider dealing involves trading a public company’s stock or other securities, such as government bonds, by individuals with access to non-public, material information of such securities. This information could significantly impact the price of such securities once it becomes public. Examples: An executive buying or selling stock based on non-public information about the company’s upcoming earnings report, merger, or acquisition.

Market Manipulation: Market manipulation involves deliberate actions taken to deceive or mislead investors by artificially affecting the price or trading volume of a security. The goal is often to create a false market condition, benefiting the manipulator financially. Market manipulation includes various activities such as pump and dump, spoofing, wash trading, churning, and cornering the market.

Key Differences

Nature of the Offense: Insider trading is based on the misuse of non-public, material information. Market manipulation involves creating artificial or deceptive market conditions.

Mechanisms: Insider trading typically involves informed individuals acting on undisclosed information. Market manipulation uses a variety of tactics to distort market behavior and investor perceptions.

Relationship

While insider trading and market manipulation are distinct offenses, they both undermine market integrity and investor trust. In some cases, actions might overlap. For instance, an insider might manipulate the market by spreading false information to benefit from insider knowledge, blurring the lines between the two offenses. However, legally and conceptually, they are treated as separate categories with their own regulatory frameworks and penalties.

Types of stock market manipulations

Stock market manipulation can take various forms, typically aimed at creating artificial, false, or misleading appearances with respect to the price or market for a security. Common types of stock market manipulation include:

Pump and Dump (P & D): P&D is a form of securities fraud that involves artificially inflating the price of an owned stock through false and misleading positive statements (pump), in order to sell the cheaply purchased stock at a higher price (dump). Once the operators of the scheme “dump” (sell) their overvalued shares, the price falls and investors lose their money.

Churning: Churning is the illegal and unethical practice by a broker of excessively trading assets in a client’s account in order to generate commissions. While there is no quantitative measure for churning, frequent buying and selling of stocks or any assets that do little to meet the client’s investment objectives may be evidence of churning.

Spoofing: Spoofing in stock trading is a disruptive algorithmic trading strategy where traders place large orders with the intention of canceling them before execution. This tactic creates a false impression of market demand or supply. In order-driven markets, spoofers typically post numerous limit orders (orders set at a specific target price rather than the current market price, executed only if the market price matches the target price) on one side of the order book—either bid (to buy) or offer (to sell)—creating the illusion of market pressure. This deceptive practice can lead to price changes as the market interprets the imbalance in orders as shifts in investor sentiment, causing prices to rise (more buyers) or fall (more sellers).

Wash Trading: Wash trading is an illegal practice where a single trader buys and sells the same financial instruments simultaneously. This deceptive activity creates misleading market information and artificial trading activity. Wash trading is commonly used to inflate the trading volume of a security artificially.

Bear Raiding: Attempting to push the price of a stock down by heavy selling or spreading false negative rumors. A bear raid is an illegal tactic where traders collude to drive down a stock’s price through coordinated short selling (selling stocks they do not own, intending to buy them back later at a lower price to cover their short position) and spreading negative rumors about the company. This strategy is often employed by unethical short sellers aiming to profit quickly from their short positions, using platforms like social media and online forums to amplify their impact. While individual short selling is legal in certain markets (not at the CSE), market manipulation and spreading rumors can constitute fraudulent activities.

Front Running: Front running, also known as tailgating, is the practice of trading securities based on advance knowledge of pending large transactions that will affect their prices. This involves executing personal trades ahead of client orders in the same securities. It’s considered market manipulation and can involve brokers or firms trading through undisclosed accounts or using inside information. This unethical practice is prohibited because it allows the front runner to profit unfairly from nonpublic information, potentially at the expense of clients or the broader market integrity.

Cornering the Market: Cornering the market in stock trading involves gaining significant control over a specific stock or commodity to manipulate its market price. One way of doing this is purchasing a substantial portion of the available supply in the spot market and holding onto it (hoarding). Another approach is where the cornerer buys a large number of securities to drive up prices and then sells them for profit once the price is inflated.

Painting the tape: Painting the tape is a form of market manipulation where traders engage in coordinated buying and selling of a security among themselves to create the appearance of active trading and artificially inflate the trading volume or price of the stock.

Marking the close: Marking the close involves manipulating the closing price of a stock by executing trades at or near the market close. The goal is to influence the official closing price to benefit positions or portfolios held by the manipulator.

The following show cause notices issued by the SEC can be quoted as examples of market manipulation.

There have been numerous cases in Sri Lanka involving individuals in criminal activities (see SEC website). However, only minor offenders have been charged, while major players often escape justice by cleverly using various tricks and powerful connections.

Conclusion

Rule 12 of the SEC Rules, published in the Gazette Extraordinary No. 1215/2 dated 18th December 2001, prohibits actions intended to create, or reasonably expected to create a false or misleading appearance of active trading or market conditions regarding securities listed on a licensed stock exchange. This provision aims to safeguard market integrity and investor trust by preventing fraudulent activities that distort market behavior. Despite numerous cases of market manipulation and insider trading reported in Sri Lanka, prosecutions have predominantly targeted minor offenders, while major perpetrators often evade justice through sophisticated means and powerful connections, as documented on the SEC website.

Insider trading involves trading based on non-public, material information that could impact security prices, whereas market manipulation involves deliberate actions to deceive investors and artificially affect security prices or trading volumes. Common forms of market manipulation include pump and dump schemes, churning, spoofing, wash trading, bear raiding, front running, cornering the market, painting the tape, and marking the close. These activities undermine market fairness and transparency, necessitating robust regulatory enforcement as demonstrated by the SEC’s ongoing prosecutions and show cause notices.

By distinguishing between insider trading and market manipulation, the SEC’s regulations provide a comprehensive framework to address various unethical practices, ensuring a fair and orderly market environment. However, the challenge remains to hold all offenders accountable, regardless of their influence or resources.

(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT University, Malabe. He is also the author of the “Doing Social Research and Publishing Results”, a Springer publication (Singapore), and “Samaja Gaveshakaya (in Sinhala). The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the official policy or position of the institution he works for. He can be contacted at saliya.a@slit.lk and www.researcher.com)



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People’s mandate and judicial legitimacy

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BASL public forum held last Saturday

Sri Lanka is witnessing the dismantling of the culture of impunity that dominated public life for decades. This is happening through the courts, police investigations and legal process. It is not an easy task and requires strong leadership as it is generating strong resistance. The ongoing revelations about the nexus between politicians, including those at the highest levels, and criminal networks show that the government’s electoral mandate with regard to corruption and crime is now being translated into action through the legal system. The vote of the people at the last national elections was for a corruption free country and an end to the climate of impunity that had prevailed for decades. They voted for a system change that would replace impunity with accountability under the rule of law. They expected those who had looted the country and brought it to the point of bankruptcy to be held accountable through the due process of law.

The cases that are being investigated by the police, in tandem with the Attorney General’s Department, and adjudicated by the judiciary are based on hard evidence. Much of the evidence that is now receiving publicity had been available several years ago and had even entered the legal process. In the past those cases failed to reach fruition. Investigations lost momentum, prosecutions failed to marshal the available evidence and many cases were dismissed, some on technical grounds. Between 2019 and 2024, a total of 102 cases were withdrawn from the courts by the government authorities. The public knew, or strongly believed, that corruption and serious crimes had taken place. The inability to establish wrongdoing before a court of law and hold those responsible accountable created a climate in which political power appeared to provide protection from legal accountability.

A countrywide study titled Factors Guiding Voter Preference in Elections in Sri Lanka was commissioned by the National Peace Council prior to the 2024 elections under the European Union funded project Active Citizens for Elections and Democracy and conducted by researchers Dr Mahesh Senanayake and Ms Crishni Silva of the University of Colombo. It found overwhelming public support for accountability and good governance. While 93 percent of respondents identified resolving the economic crisis as their foremost electoral concern, an equally striking 83 percent said they prioritised candidates committed to fighting corruption. The mandate given to the government can, therefore, be interpreted to mean to restore integrity to public life and end the long standing culture of impunity.

Different Approach

Today, it can be seen that the police, the Commission to Investigate Allegations of Bribery or Corruption, the Attorney General’s Department and the judiciary are approaching matters of impunity in respect of corruption and crime in a manner that is markedly different from the past. Several persons who formerly occupied high office have now been subjected to due legal process and, in a number of cases, convicted after judicial scrutiny at different levels of the court system. This is an important difference from earlier years when cases involving politically prominent persons frequently failed to proceed or collapsed before reaching their conclusion. The strength of the present accountability process lies not only in the convictions that have been secured but also in the growing public confidence that no one is above the law. It is in this context that reports of a government proposal to extend by two years the retirement age of judges of the Supreme Court and the Court of Appeal have generated support from those who wish to see the present accountability process continue and opposition from those who see it as an attempt to influence the judiciary.

Many countries have increased judicial retirement ages in recognition of longer life expectancy and the value of retaining experienced judges. This has not only been limited to the judiciary but also the academia and the public service. However, the controversy in Sri Lanka is due to the context and as the proposal for an extension of the period of service of judges of the superior courts comes at a time when the courts are hearing politically significant corruption and criminal cases. The Bar Association of Sri Lanka has taken the lead in questioning the proposed constitutional amendment. The BASL has stated that it “notes with grave concern” reports that the government is considering increasing the retirement age of judges of the Supreme Court and the Court of Appeal. It has warned that extending the tenure of sitting judges at this point of time is likely to be viewed by the public as an attempt to interfere with the independence of the judiciary.

The main issue raised by the BASL is therefore one of preserving public confidence in the administration of justice. A discussion organised by the BASL also highlighted that this issue has implications beyond Sri Lanka. Representatives of the Commonwealth Lawyers Association and LAWASIA acknowledged that many countries have increased the retirement age of judges in recognition of greater life expectancy and the value of retaining experienced judges. Their concern was not with increasing the retirement age itself but with changing the tenure of sitting judges while politically significant corruption cases are before the courts. In such circumstances, even well intentioned reform could create a public perception that the judiciary is being influenced to take forward the government’s mandate in a partisan manner.

Maintain Confidence

The challenge before the government is to preserve two equally important objectives. The first is to continue implementing the people’s mandate to hold the corrupt and those responsible for grave crimes accountable before the law. The second is to ensure that nothing is done which could diminish public confidence in the independence and impartiality of the judiciary that is entrusted with carrying out that responsibility. The strength of the present accountability process lies in the confidence it has generated among the public that investigations, prosecutions and judicial decisions are being made according to law as in the convictions that have been secured. Sri Lanka has come a long way from the days when politically sensitive cases rarely reached a successful conclusion. It would be unfortunate if doubts regarding the independence of the judiciary were to overshadow what has otherwise been a significant institutional achievement.

In the face of the concerns expressed by the BASL, opposition political parties and international legal organisations, it would be prudent for the government to widen the discussion on the proposed amendment. If there is a compelling case to increase the retirement age of judges of the superior courts, that case should be placed before the public and parliament and debated openly. Such a constitutional amendment should not rest solely on the government’s parliamentary majority, even if it has the numbers to secure its passage. Simply utilising the numbers that the government on its own to make changes to the constitution will not increase its legitimacy or credibility. Those values will be strengthened if they were preceded by public consultation and supported across party lines in Parliament. Bipartisan political support can be expected from those in the opposition, of whom there are many, who have shown an inclination to practice responsible politics in the national interest.

The people voted not only to change a government but to change a system. They expected those who abused public trust to be held accountable through institutions that commanded public confidence. That expectation is beginning to be fulfilled. It should not be placed at risk by constitutional change that lacks broad public acceptance. If the government believes there is a compelling case to extend the retirement age of the judges of the superior courts, it should first make that case to the people and seek bipartisan support in Parliament with those in the opposition who are also sincere about anti-corruption and good governance. The challenge is to protect the independence of the judiciary while ensuring that no one is above the law. Overcoming this challenge is the surest way to make Sri Lanka’s transition from a culture of impunity to one of accountability a lasting one.

by Jehan Perera

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Intelligence-led governance: the strategic path to a sovereign nation

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In an increasingly volatile and interconnected world, the strength of a nation is no longer determined solely by the size of its military, the abundance of its natural resources, or the growth of its economy.

In an increasingly volatile and interconnected world, the strength of a nation is no longer determined solely by the size of its military, the abundance of its natural resources, or the growth of its economy. The true measure of national strength lies in the resilience of its institutions, the confidence of its people, the effectiveness of its governance, and its ability to anticipate and respond to emerging challenges before they become national crises.

The twenty-first century has introduced a security landscape that is far more complex than ever before. Nations today confront not only conventional military threats but also terrorism, organised crime, cyber-attacks, economic instability, disinformation, climate change, pandemics, energy insecurity, irregular migration, financial crimes, and geopolitical competition. These challenges are interconnected and demand integrated responses rather than isolated solutions.

To navigate this evolving environment successfully, every nation requires a shared strategic vision supported by strong institutions working in harmony. At the centre of this vision should be a modern, professional, and intelligence-led system of governance that enables informed decision-making, protects democratic values, and promotes sustainable national development.

A Shared Strategic Vision

Every successful nation should aspire towards a common national vision:

A Sovereign Nation Happy People Peaceful Society Prosperous Economy A Respected Global Partner

These are not independent aspirations but interconnected national outcomes. Achieving them requires every State institution to work collectively under a common strategic framework rather than as isolated entities pursuing individual objectives.

A sovereign nation is one that possesses not only secure borders but also strong institutions, economic resilience, social cohesion, and the confidence to make independent national decisions. Sovereignty today extends beyond territorial integrity to include economic security, cyber resilience, energy security, food security, environmental sustainability, and protection against external influence.

Good Governance: The Cornerstone

The foundation of every successful nation is good governance.

Transparency, accountability, integrity, professionalism, and efficient public administration create an environment where citizens trust their institutions and investors have confidence in the country’s future. Corruption, political interference, inefficiency, and weak institutions undermine national resilience and weaken sovereignty from within.

Good governance is not merely an administrative principle; it is a national security imperative.

When public institutions function efficiently, public services improve, economic opportunities expand, and social grievances diminish. This reduces vulnerabilities that extremist groups, organised criminals, and foreign actors often exploit.

The Rule of Law and Judicial Independence

An independent judiciary is one of the strongest pillars of democracy.

Justice must be administered impartially and without fear or favour. Citizens must have confidence that the law applies equally to everyone, regardless of social status or political influence.

Judicial independence strengthens public confidence, attracts foreign investment, and reinforces national stability. Investors are more likely to invest in countries where contracts are enforceable, disputes are resolved fairly, and property rights are protected.

Likewise, professional law enforcement agencies play a vital role in safeguarding public order. Intelligence-led policing, supported by modern investigative techniques, community engagement, and technological innovation, enables law enforcement to prevent crime rather than merely react to it.

Human Rights: A Strategic Asset

There is often a misconception that national security and human rights exist in opposition. In reality, they reinforce one another.

Respect for human dignity, equality before the law, freedom of expression, religious freedom, and constitutional rights strengthens national unity and social cohesion. Citizens who trust their institutions are more willing to cooperate with authorities, report suspicious activities, and participate in community safety initiatives.

Communities become the first line of defence against extremism, organised crime, and social unrest when mutual trust exists between citizens and the State.

Human rights should therefore be viewed not as obstacles to security but as essential components of sustainable national security.

Intelligence: The Strategic Nerve Centre

At the heart of modern governance lies an effective national intelligence network.

Traditionally, intelligence was associated primarily with military operations and counter-terrorism. Today, its responsibilities extend much further.

Modern intelligence supports political leadership by providing timely, accurate, objective, and actionable information that enables informed decision-making. It anticipates threats, identifies opportunities, and supports strategic planning across all sectors of government.

An effective intelligence system should be:

*  Predictive rather than reactive.

*  Preventive rather than investigative alone.

*  Integrated rather than fragmented.

*  Technology-driven rather than paper-based.

*  People-centred rather than institution-centred.

Artificial intelligence, big data analytics, cyber intelligence, financial intelligence, geospatial intelligence, satellite imagery, behavioural analysis, digital forensics, and open-source intelligence are transforming the intelligence profession worldwide.

Countries that fail to modernise their intelligence capabilities risk strategic surprise and reduced competitiveness in an increasingly data-driven world.

Intelligence Beyond National Security

Modern intelligence should no longer be confined to counter-terrorism or espionage.

Its role should extend to supporting national development through the protection of critical infrastructure, monitoring economic trends, securing supply chains, safeguarding maritime interests, protecting natural resources, and assessing climate-related risks.

Intelligence should assist policymakers in areas such as:

*  Economic planning

*  Public health preparedness

*  Disaster risk reduction

*  Cybersecurity

*  Energy security

*  Food security

*  Environmental protection

*  Artificial intelligence governance

*  Foreign policy

*  Investment protection

An intelligence-led government anticipates future challenges instead of merely responding after crises emerge.

Whole-of-Government Cooperation

One of the greatest weaknesses in many developing nations is institutional fragmentation.

Government agencies often collect valuable information independently but fail to share it effectively. This creates duplication, delays, and missed opportunities.

A National Intelligence Fusion Centre should integrate information from intelligence services, police, armed forces, immigration, customs, financial intelligence units, cyber security agencies, disaster management authorities, health services, and environmental agencies.

Such integration provides decision-makers with a comprehensive national picture and significantly improves crisis management and strategic planning.

Economic Prosperity Through Security

Economic development depends fundamentally upon stability.

Foreign investors seek countries where governance is predictable, corruption is controlled, contracts are enforceable, infrastructure is secure, and political stability is maintained.

An effective intelligence system quietly protects these conditions by identifying threats to investment, monitoring organised crime, preventing financial fraud, protecting critical infrastructure, and safeguarding strategic industries.

Security and economic development are therefore mutually reinforcing.

Investment creates employment.

Employment reduces poverty.

Reduced poverty strengthens social stability.

Social stability reinforces national security.

International Partnerships

No nation can successfully confront modern threats alone.

Transnational organised crime, cybercrime, narcotics trafficking, terrorism, money laundering, illegal migration, and environmental crimes operate across borders.

Regional and global intelligence cooperation has therefore become indispensable.

Information sharing, joint investigations, coordinated maritime surveillance, and collaborative cyber defence significantly enhance national capabilities while strengthening diplomatic relationships.

Strong intelligence supports effective diplomacy.

Effective diplomacy enhances trade, investment, tourism, education, and technological cooperation.

Ultimately, international confidence contributes directly to national prosperity.

The Relationship Between National Stakeholders

National success depends upon collaboration among all stakeholders.

Government provides leadership and policy direction.

The judiciary safeguards justice.

Law enforcement protects public safety.

The intelligence community provides foresight and early warning.

Civil society strengthens social cohesion.

Educational institutions develop future leaders.

The private sector generates investment and innovation.

International partners facilitate trade, cooperation, and knowledge sharing.

Citizens themselves remain the most important stakeholders.

When these institutions operate with mutual trust, shared objectives, and effective coordination, they create a resilient State capable of responding confidently to both domestic and international challenges.

The Strategic Path Forward

Every nation requires a long-term vision rather than short-term political agendas.

That vision should place national interest above partisan interests and institutional collaboration above bureaucratic competition.

The pathway is straightforward:

Good Governance Independent Judiciary Professional Law Enforcement Protection of Human Rights Effective National Intelligence Network Political Stability Investor Confidence Economic Growth Foreign Direct Investment Peaceful Society Happy People A Sovereign Nation

This strategic chain demonstrates that sovereignty is not achieved through military strength alone. It is the cumulative outcome of good governance, justice, intelligence, economic resilience, and public confidence.

The future belongs to nations that can anticipate change, adapt rapidly, and make informed strategic decisions. Intelligence must therefore evolve from being viewed solely as a security function to becoming a central pillar of national governance and development.

A modern intelligence network should serve as the strategic nervous system of the State—connecting governance with justice, justice with security, security with economic prosperity, and prosperity with international respect.

A sovereign nation is ultimately one where institutions are trusted, citizens are protected, rights are respected, opportunities are created, and decisions are guided by knowledge rather than assumption. When all stakeholders work in harmony under a shared strategic vision, the result is a nation that is secure, prosperous, peaceful, and respected on the global stage.

The challenge before every developing nation is therefore not simply to strengthen its security apparatus but to embrace Intelligence-Led Governance as a national philosophy—one that integrates good governance, rule of law, human rights, innovation, and strategic foresight into a unified framework for sustainable national development. Such a vision will not only safeguard sovereignty but also ensure that future generations inherit a nation defined by stability, prosperity, and enduring peace

By Mahil Dole, SSP (Rtd.)

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The perfect victim: How institutions respond

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Nils Christie

It has been almost two months since the judgement of Abeyasinghe v Tilakaratne and others by the Supreme Court. Since then, I have often been asked a simple question, which I, too, have asked myself. “Has anything actually changed?” My answer is both yes and no. Judgements can uphold the law, direct institutions and clarify principles. But they cannot, by themselves, change cultures.

I shall take the liberty of writing this piece because, in the weeks following the judgment, I have found myself reflecting less on the outcome of the case and more on what it reveals about our institutions. Yet institutions do not change simply because a court has spoken. They change only when they are willing to question long-held assumptions, reflect honestly on their procedures and practices, learn from their shortcomings and act decisively to foster a culture that places accountability at its centre.

The myth of the perfect victim

One such assumption is about the conduct of the Ideal or Perfect victim. The concept of the “ideal victim” was first articulated by the Norwegian criminologist Nils Christie in 1986. Interestingly, Christie was not concerned with identifying those most likely to become victims of crime. Instead, his question was who is most readily recognised and accepted by society as a “real” victim? Society is often more willing to extend sympathy and credibility to victims who fit a particular stereotype. According to Christie, the “ideal victim” is someone perceived to be weak and vulnerable, engaged in a respectable activity, in a place where they have every right to be, harmed by someone clearly viewed as “big” or “bad,” and, importantly, a stranger rather than someone they know. These characteristics continue to influence how victims are perceived today. Although we may not consciously apply such criteria, they often shape our instinctive judgments about who deserves to be believed.

In the context of sexual violence within universities, the assumptions surrounding the ideal victim quickly begin to unravel. Power relationships within universities are often complex, and professional relationships may have existed before the misconduct. The alleged perpetrator may not be a stranger but a lecturer, supervisor, colleague, or fellow student. The complainant may continue interacting with the alleged perpetrator because academic progression or employment leaves little choice. When a victim does not fit the mould of the “perfect victim,” attention shifts away from the conduct of the alleged perpetrator and towards the conduct of the complainant.

What should be kept in mind is that victims respond to trauma differently. Some report immediately; many do not. Some become emotional; others appear composed. Some resign from their workplace, while others continue to work because they have no realistic alternative or because they wish to confront the violence head on. Some preserve every piece of evidence; others delete messages simply because they cannot bear to see them again. Yet these perfectly human responses are often interpreted as reasons to doubt credibility.

Universities provide a particularly complex setting for this phenomenon. Most complainants do not initially seek justice. More often, they simply want the harassment to stop so that they can continue their education or employment in an environment where they feel safe. Sometimes victims make anonymous complaints, not because they wish to avoid accountability, but because anonymity provides the only sense of security they have. During preliminary inquiries/ fact finding processes, confidentiality can often be maintained. However, if the matter proceeds to a formal disciplinary process, complainants are usually required to reveal their identities. It is at this point that many decide not to proceed further, not because the harassment did not occur, but because the personal cost of pursuing justice becomes overwhelming.

Perhaps this should prompt us to ask a different question. Instead of asking why anonymous complaints exist or why complainants don’t come forward (sooner), should we not ask why so many complainants feel unsafe engaging with the institutional process?

The subject of scrutiny

When survivors do come forward, they frequently encounter another familiar phenomenon, victim blaming.

“Why didn’t you complain earlier?”

“Why didn’t you go to the police?”

“If you were sexually harassed, why are you still working there?”

“Why did you continue interacting with him?”

“The reason this happened is because you showed positivity towards him.”

“There is no smoke without fire.”

Although these questions appear different, they have something in common. They all examine the behaviour of the complainant. Very few begin by asking why the alleged perpetrator behaved in the way described. The familiar proverb, “There is no smoke without fire,” is often used to suggest that the complainant must have done something to invite the misconduct. Yet perhaps we have misunderstood where the fire lies. The fire is not the complainant’s behaviour. The fire is the conduct of the alleged perpetrator. The complaint is the smoke that finally becomes visible.

These responses also reveal another contradiction. If a victim complains immediately, some might question their motives. If they delay, the delay becomes the issue. If they resign, they may be described as unstable or unable to cope. If they remain in employment, their continued presence is taken as evidence that the misconduct could not have been serious or that it never had happened. If they show emotion, they risk being dismissed as irrational. If they remain composed, they may be accused of exaggerating. In truth, there is often no version of events in which a complainant can satisfy every expectation placed upon them. If our systems only work for the “perfect victim,” then they were never truly designed for victims at all.

The silence that speaks

The recent judgment also prompted me to reflect on another aspect of institutional culture, silence. Within academia, even discussing judgments concerning one’s own institution may be framed as bringing the institution into disrepute. Such framing places academics in an impossible position. Those who speak are sometimes portrayed as being disloyal or as failing to respect the institution they serve. Yet genuine respect for an institution should not require silence in the face of injustice. Universities are places that encourage academic freedom, critical inquiry, evidence-based reasoning, and intellectual debate. They should, therefore, be places where uncomfortable conversations are not avoided but embraced.

The relative silence surrounding the judgment in academia raises important questions. Does silence reflect satisfaction that justice has been served? Does it reflect concern about damaging the reputation of one’s university? Does it reflect uncertainty about whether difficult institutional conversations are welcome? Or does it reflect a real or perceived fear of professional consequences for speaking openly? These are questions that deserve thoughtful reflection.

Post judgement reflections

At the same time, my experience in the weeks following the judgment has also been one of hope. Individuals who have experienced different forms of abuse have quietly come forward to share their own stories with me. Some have sought legal advice. Others have simply wanted someone to listen. Their experiences remind me that judgments do more than resolve disputes between parties. They send messages to those who have remained silent, that seeking justice remains possible. Perhaps that is one answer to the question I posed at the beginning of this article. Has anything actually changed? For some victims, I believe the answer is yes. A judgement can restore hope and encourage those who had previously felt that their voices would never be heard.

Yet judgments alone cannot erase trauma, restore lost years, or undo the personal and professional consequences that many victims endure. Courts can interpret the law, but they cannot, by themselves, transform institutional culture. Culture changes only when institutions and university communities are willing to learn from judgments rather than merely comply with them. It changes when realities of power imbalances are recognised, when credibility is assessed through evidence rather than stereotypes, and when the question “Why did the victim not come forward sooner?” is replaced with “What conditions made it so difficult for the victim to come forward?” Ultimately, the true value of a judgement lies not only in the orders it makes, but also in the conversations it inspires and the institutional self-reflection it demands. Whether anything truly changes will not depend on the judgement itself, but on whether institutions have the courage to learn from them.

(Udari Abeyasinghe is attached to the Faculty of Dental Sciences at the University of Peradeniya)

Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.

by Udari Abeyasinghe

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