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Medical negligence or medical error ?

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By Prof. Susirith Mendis

Preamble

The newspapers and social media have been full of news during the last few weeks about incidents in hospitals, which led to the death of patients. Obviously, we are aware of such incidents more now than then due to the feverish activity of social media.

The latest was the untimely and unnecessary death of Chamodi Sandeepani, a 21 year-old girl in the Teaching Hospital, Peradeniya. According to the mother of Chamodi, her daughter’s condition deteriorated and her body turned blue after the administration of two medications by a nurse. One of them had been identified as Ceftriaxone (a Cephalosporine antibiotic).

I was also truly disturbed when a very good friend of mine, a consultant anaesthesiologist – a long-time resident of UK, lost his brother, who was a card-carrying patient on his sensitivity to penicillin. He was injected with ‘Augementin’ (a combination drug of amoxicillin and clavulanic acid) in a major private hospital in Colombo and died immediately afterwards. It was alleged that the emergency tray was not readily available at the time of injection. There was hardly a ripple in the media about this incident.

Both these incidents point to anaphylactic shock. Death by anaphylactic shock occurs in all parts of the world – including the best of centres. But that does not mean that many of those were necessarily fatal. Some patients could have been revived with immediate appropriate response and emergency care. Too many incidents have been exposed in recent times about unexpected and untimely deaths of patients in hospitals. Allegations of negligence abound. These incidents must be investigated by independent investigators to ascertain the facts of each of these cases. The manner in which inquiries have been done in the past by the Ministry of Health leaves much to be desired. Most often, the end result is absolving the medical/health professionals and issues swept under the carpet. As in this case of Chamodi, where the inquiry panel is headed none other than by the DGHS – ‘a home and home affair’.

Nonetheless, as a medical professional, a medical teacher for over 40 years and a medical ethicist of some standing within and without our profession, I am most troubled by the responses and reactions I see in social media posted by doctors. There is a uniform response of criticising the victims and a myriad of excuses. There is not even a remote consideration of whether there has been negligence on the part of the medical/health professionals directly involved in the incident. There was a very recent case where a daughter who posted a bitter experience she had at the Nagoda Hospital of indifference and lack of concern and care in a facebook post. She was hounded and harassed by the police on a complaint from the hospital authorities. She was coerced by the Police to delete her post. A case of the combined effect of medical and police muscle.

A more conciliatory and introspective approach by the doctors will in the log run be more fruitful in improving the quality and standards of healthcare in the hospitals. Exuding arrogance, intimidatory self-defence and a mindset of ‘attack is the best form of defence’ is without doubt, counterproductive.My objective in this article is to look at the issues of medical negligence and medical errors in general and how they pertain to our perspective of the recent events that have taken hold of our attention during the last few weeks.

What I will not delve into in this article are the existent economic crisis that has lead to shortage of drugs, inferior drugs imported without due diligence to quality and standards, short-circuiting the due process and regulatory oversight of the National Medicines Regulatory Authority (NMRA) and the role played by the Minister of Health and the Ministry of Health. The last, but importantly, ‘clinician burnout’ due to the difficulties faced by medical and health professionals struggling to provide minimal patient care under dismal supply conditions. Collectively or singularly all of the above have directly or indirectly been responsible for these unfortunate deaths.

My comments herein, are issues related to medical negligence and medical error that are systemic as well as global.Let me start with a comment in a book that happened to catch my eye at the University of Georgetown Medical School Medical Ethics Library over 2 decades ago:

The book was “Examining your doctor: A patient’s guide to avoiding harmful medical care.” by Timothy B. McCall, MD (Carol Publishing Group, New York, 1995). This is the personal experience/confession of a doctor when he was training as a medical student in a University Hospital in te USA.

“My first experience taking care of patients as a medical student changed forever the way I viewed doctors. I was appalled. In the university hospital I was assigned, we treated one patient after another transferred from hospitals where they had received medical care that had nearly killed them. We saved some of them, though many of those we saved ended up disabled. We didn’t tell these patients or their families that they had been victims of poor medical care; we intentionally misled them. Covering up malpractice is just one example of the systematic way that doctors withhold information from their patients.”

Well, that says many things that most doctors in Sri Lanka would refuse to accept or even consider. Their arrogance ensures that they are never wrong. They can ever be wrong.

But, it is ironical that with better technology in healthcare available today, even in Sri Lanka, doctors are more likely to be found negligent. Is this because (i) medical standards have deteriorated? (ii) more doctors are now less skillful? (iii) they are now more careless? (iv) lawyers have realised that there is good money to make from ligigation against doctors? (v) patients have become more aware of their conditions (thanks to the internet) and therefore, more litigious? (vi) Insurance companies are paying good compensation? Or is it a relative permutation and combination of all of the above? I have not seen any serious scientific study done to ascertain the real situation in our country.

Let us now, look at a non-binding classification.

Medcal Negligence

It is an act of commission or omission by a healthcare provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. To establish negligence, it is necessary to first establsih ‘duty of care’. A reasonable, foreseeable and actual loss or injury caused by or materially contributed to by a breach of duty of care will lead to an accusation of negligence.

This can be of two basic types: Criminal Negligence and Medical (or Clinical) Negligence. Criminal negligence is such that the negligence is grave enough for a police investigation and a prosecution by the Attorney General. It can lead to judicial sentencing and even imprisonment. Medical negligence, on the other hand, is a civil procedure, that could lead to damages being awarded by a Court of Law.

But prior to legal measures in a Court of Law, it is possible to pursue a lesser path of ‘pre-litigation’. This entails a departmental inquiry (Ministry of Health) which can lead from warning, transfer, punishment, reporting the the Sri Lanka Medical Council (SLMC) to even dismissal from service. A complaint to the SLMC can lead to periods of temporary suspension of registration. And in extreme instances, to complete erasure from the Medical Register.

There are even less serious avenues in instances where pateinet or their next of kin, can seek redress through a process of ‘conflict resolution’. Mediation is one of them. It has to be a voluntary process. There cannot be coercion on either parties – i.e., the doctors concerned or the patient. The parties meet privately with a neutral mediator who facilitates a negotiated agreement. This then binds the parties to that mutualyy agreed conditions of resolution of the conflict. This could be an unqualified apology to a meagre financial compensation for losses incurred. It is seen as a much more constructive and less adversarial process than conventional litigation. If agreement is not reached, the parties are free to initiate or continue with litigation.

Another non-litigious option for patients is to make a formal complaint to the Parliamentary Commissioner for Administration (better known as the Ombudsman). The present Ombudsman is a former Judge of the High Court of Sri Lanka. The former Secretary-General of Parliament, Sam Wijesinghe was the first – if my memory serves me right.

The positives of a non-litigious process is that it is (i) a non-threatening environment; (ii) it may give an increased sense of ‘fairness’ and justice for doctors; (iii) the legal and other costs are minimal and affordable to most.

The negatives are: (i) Will it give justice to the grievances of patients or their next of kin? (ii) Will the whole process be transparent and devoid of obvious bias? (iii) Will the process retain the confidence of both patients and doctors that justice has been done?

To ensure that the process is transparent and devoid of bias, there would be a need for non-medical or legal representation. Would it not be ideal, as in the Court process of ‘trial by a jury’, to have a committee of inquiry made up of competent civilians?

We, in Sri Lanka have no estimates of negligence. But, if we go by the many anecdotes of serious events of gross negligence we hear, and the number of litigation that have failed in a court f law or settled out of court, they are still a matter of very serious concern.

There are other conditions that I will not dwell at any length here. That is ‘medical misadventure’ where there is error or unexpected outcome during medical intervention leading to serious deleterious effect on patient. This happends most often in surgical and anaesthetic practice. An ‘adverse event’ is defined as an undesirable and unintentional, though not necessarily unexpected, result of medical treatment. Examples of an adverse event is discomfort in an artificial joint that continues after the expected recovery period, painful cheloids developing after open-heart surgery or a chronic headache following a spinal tap.

Medical Error

Medical error has been defined as an unintended act (either of omission or commission) or one that does not achieve its intended outcome; the failure of a planned action to be completed as intended (an error of execution); the use of a wrong plan to achieve an aim (an error of planning); or a deviation from the process of care that may or may not cause harm to the patient. Patient harm from medical error can occur at the individual or system level.

There are many ways that medical care can go wrong. Errors can occur around the administration of medications (including adverse drug events/reactions), during laboratory testing, pathology reports, hospital infections, as a result of surgery or even in documentation or data entry tasks.

Medication error are the leading cause of negligence, error and adverse events. They include; (i) prescribing errors; (ii) failure to prescribe, administer, or dispense a medication; (iii) a patient receiving a medication too late or too early; (iv) a patient receiving a drug not authorized for them; (v) improper use of a medication; (vi) wrong dose prescription or preparation; (vii) administration errors; (viii) failure to take into account a patient’s medical conditions or potential drug interactions; and (ix) not following proper dispensing/prescribing rules for a medication.

“To err is human”

An average of 195,000 people in the USA died due to potentially preventable, in-hospital medical errors in each of the years 2000, 2001 and 2002, according to a study of 37 million patient records. (The Health Grades Patient Safety in American Hospitals study (2000-02).

According to Dr. Lucien Leape, lead the author of a Harvard study, the number of deaths from medical errors in hospitals account for the equivalent to the death toll from three jumbo jet crashes every two days.( Public Health Reports , 1999; 114: 302-317 July/August, 1999).More people die each year in the United States from medical errors than from highway accidents, breast cancer or AIDS, a federal advisory panel has reported.

The report from the National Academy of Sciences’ Institute of Medicine cited studies showing between 44,000 and 98,000 people die each year because of mistakes by medical professionals. “That’s probably an underestimate for two reasons, one is, there are many different kinds of errors we never learn about — even in retrospective studies — because they are never written down. Second, these studies did not include other areas of care like home care, nursing homes and ambulatory care centers.” (Dr. Donald Berwick of the National Academic of Medicine, Washington DC). Medical error is the third leading cause of death in the US according to a BMJ article (BMJ 2016;353:i2139).

Here are some more statistics from the USA. The FDA receives more than 100,000 reports every year that are associated with medication errors (FDA, 2019). Forty-one percent of Americans report having been involved with a medical error either personally or secondhand (Institute for Healthcare Improvement/NORC at the University of Chicago, 2017). More than 7 million patients in the U.S. are impacted by medication errors every year (Journal of Community Hospital Internal Medicine Perspectives, 2016). Ten percent of hospital patients will be subject to a medication error (NCBI, 2019).By 2023, medication errors in the US has been tied to $40 billion in spending and up to 9000 deaths each year.

What about Sri Lanka?

To my knowledge, there are neither records of ‘medical error’ nor surveys or audits done for us to have an understanding, or even estimates, of medical negligence or errors in Sri Lanka. I am open to correction, if there are. The only record I know of is Professor Carlo Fonseka’s seminal article in the BMJ (Volume 313 21-28 December 1996) titled “To Err was Fatal”. In it he writes of five fatal errors he made that caused the death of five patient. I think it is compulsory reading for all doctors who have not yet read it. In it he makes five important and profound observations: (i) All doctors are fallible; (ii) The natural reaction of doctors to errors is to hide them or to rationalise them away; (iii) It is unscientific and unethical to refuse to face our errors; (iv) There is no cathartic ritual in our profession to expiate the sense of guilt generated by our errors; (v) Since knowledge grows mainly by error recognition, facing our errors squarely is the path to medical wisdom.

As Prof. Carlo Fonseka stated, doctors are not infallible, no matter how much patients would like them to be. While doctors’ mistakes are not usually intentional, they are often preventable and typically occur when doctors fail to exercise the proper level of care and skill. Hence, it is not difficult to accept that doctor errors occur more frequently than patients realise. The recent events are the tip of the proverbial iceberg.

Unfortunately, when doctors’ mistakes do happen, the consequences can be disastrous – even fatal. In which direction should we in Sri Lanka tread? The path traced by the West? Or go back to our own traditions and culture? Our social relations are based on the ‘Eastern Philosophical Tradition’. The Sri Lankan social milieu is predominantly based on Buddhist Philosophy – ‘The Four Noble Truths’ and ‘The Eightfold Path’ and the values of Meththa, Karuna, Muditha and Upeksha.

We are ‘serendipitously’ placed. We are a nation where all 4 major religions are practiced. Do we need to follow or abide by the Western medical ethical tradition coming down from Aesclepius and Hippocrates ?

We practice Modern Western Scientific Medicine in a socio-cultural milieu seeped in ancient Eastern traditions. Can we take inspiration from those traditions and synthesise a ‘New Medical ethical tradition’ by bridging this philosophical divide?

Do we have both the creativity and the courage to do so? If we have, we can in all probability avoid the pitfalls that the practice of medicine has fallen in the West (and in particular, the USA).Let these recent unfortunate and possible unavoidable deaths open us as medical professionals to a more humane and humanistic approach to patient care in Sri Lanka.



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Aligning graduate output with labour market needs:Why national policy intervention essential

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A protest by unemployed graduates, demanding jobs, in Colombo. (File photo)

The lack of a committed and competent workforce is no longer a routine managerial complaint in Sri Lanka; it has become a defining national problem. Recent widely reported malpractices, in leading public institutions, have exposed the depth of this challenge. From a macro-economic perspective, large and persistent gaps exist between the competencies required to perform jobs effectively and the competency profiles of the existing workforce. The consequences are visible across the economy; we witness the key economic drivers, such as agriculture, energy, tourism, finance, and education, continue to underperform. This chronic condition is not a result of insufficient and incapable human capital, but of its persistent misalignment and misutilisation.

Economic development in any country is ultimately driven by the quality and relevance of human capital deployed within its key industries. In Sri Lanka, however, the education sector, particularly higher education, has been repeatedly criticised for its limited role in producing graduates, aligned with economic needs. This misalignment is often justified by higher education institutions on the grounds that their role is not to train graduates for specific jobs, but to produce broadly capable individuals who can perform in any work context. This position appears defensible in principle. Nevertheless, it remains problematic in practice, when economic sectors continue to underperform, and graduates struggle to find productive and relevant employment.

We were surprised to see a large number of university graduates appear at a recruitment interview for post of office labourer. Their intention was to secure a public sector job as a career path, nothing else. Alas, in another job placement interview, to select office clerks, several candidates presented degree qualifications, in statistics, and degree programmes, like archeology and geography, although a degree was not an entry requirement. When questioned, the common response was the difficulty of finding jobs, relevant to their degrees. Does this mean university degrees are worthless? Certainly not, if strategically channelled into relevant economic drivers, they could have contribute meaningfully to national development. For instance, an archeology degrees can be directed to tourism, heritage management, city planning, or spatial development. The tragedy is neither the policymakers, nor the university authorities bother about the time and money spent on graduates, which go in vein in an inappropriate job. No one bothers to assess the value of having such graduates directly channelled to relevant economic sectors. The graduates also may not be bothered to question the value they dilute in generic jobs.

Periodically, state university graduates, particularly those qualified through external degree programmes, flock to the streets, demanding government employment. In response, successive governments absorbed large numbers of graduates as school teachers and development officers. Whether such recruitment exercises were grounded in a systematic analysis of labour market demand, and sector-specific competency requirements, is dubious. The persistent deterioration in productivity and service quality, across key economic sectors, therefore, raises a fundamental question: Does strategic alignment between graduate output and labour market demand exist?

Systemic Weaknesses across Economic Sectors

We see deep structural weaknesses in nearly all segments of the Sri Lankan economy. Persistent deficiencies in public sector management; outdated agriculture management systems, relying on raw exports, weak preservation and production practices; structurally underdeveloped, unattractive tourism sector slow to adopt modern global approaches; an education system, from early childhood to higher education, showing more decline than progress; and digitalisation and e-governance initiatives repeatedly undermined by implementation failures, are some lapses to mention here.

However, during the colonial period, Sri Lanka was a prosperous country in terms of agro-economy and infrastructure development. During this period, conscious alignment between education and economic priorities was clearly visible. Schools taught subjects relevant to employment and livelihood opportunities, within the prevailing economic structure. Universities were primarily producing personnel to meet the clerical needs of the administration. University enrolment remained limited and targeted, ensuring graduate output remained broadly commensurate with labour market demand. The clarity of policies and orderly execution resulted in comparatively high employee–job fit, highly competent workforce, and better service and minimal graduate unemployment. Nevertheless, during the 76 years of post-independence, Sri Lanka has fallen from its economic stability and administrative orderliness, with rising problems in every sphere of economic, cultural, social, political and environmental segments.

Decoupling of Higher Education and Economic Needs

As we see with the expansion of higher education, graduate–job fit has gradually weakened. Both public and private higher education providers continue to offer academic programmes that are decoupled from economic development priorities. If I may bring an example, one of the most critical constraints to development in Sri Lanka is the persistent absence of timely and accurate data. Decisions, policies, and reforms frequently encounter implementation difficulties due to judgments based on outdated or inaccurate data. Organisations continue to operate in the absence of reliable information systems, admitting failures and presenting excuses. Notwithstanding the need, limited attention has been given to producing competent graduates, specialised in statistics, data analytics, and information management. National-level interventions to address this gap remain minimal, despite the urgent need for such expertise, within key government institutions, and the overall industry. A large number of agriculture degree holders pass out every year from state universities, but insufficient progress has been made in modernising agricultural products and value chains, although the agricultural sector is a key economic driver in the country. We often meet agricultural graduates holding general administrative positions, which are supposed to be handled by the management graduates. Agricultural specialised knowledge is underutilised, despite the potential to deploy this expertise in promoting agricultural development. It is noteworthy to consider that when graduates, trained in specific disciplines, enter irrelevant job markets, their competencies gradually erode, organisational performance declines, and additional costs are imposed on both organisations and the wider economy.

Misalignment of human capital constitutes a significant negative externality to national development. The government invests substantial public funds, generated through taxation, to provide free education with the expectation that graduates will contribute meaningfully to economic and social development. When graduates are misaligned in the job market, the resulting costs are borne by the economy and society at large. Consequently, the economy suffers from an absence of appropriate competencies, skills, and work attitudes. Poor judgments arising from capacity deficiencies, performance inefficiencies, and a lack of specialised human capital, generate externalities.

Why Strategic Alignment Matters

A clear and coherent national human capital development policy is required, to ensure strategic alignment with national economic drivers. Such a policy should be formulated by the government, through structured consultation with government institutions, public and private higher education providers, industry representatives across key economic sectors, as well as stakeholders from social groups, and environmental authorities. Universities should ensure that degree programmes are explicitly linked to sector-specific labour market demand, based on objective and systematic analysis rather than ad hoc decision-making. National competency frameworks, for major job categories, should be developed to guide curriculum design and enrolment planning. Of course, there are competency frameworks developed as initiatives of the governments time to time, but the issue is although policies were made, they were displaced, and still to search for.

Countries that have achieved rapid economic development consistently demonstrate strong strategic alignment between human capital development and policy initiatives, underscoring the importance of coordinated planning between education systems and national economic objectives. Singapore, for example, closely aligns higher education planning with labour market demand through initiatives, such as graduate employment surveys and industry-focused programmes. Universities, like the National University of Singapore and Nanyang Technological University, play a vital role in such initiatives.

It is important for us to explore the strategies of the other countries and benchmark best practices, adopting to the local context. If we, at least, take this need seriously, and plan, in the long term, strategic alignment between graduate output and labour market demand could fundamentally change Sri Lanka’s development outcomes. Where alignment exists, productivity improves, service delivery strengthens, and institutional accountability becomes unavoidable. Effective utilisation of discipline-specific graduates would curb skill erosion and reduce the recurring fiscal cost of graduate underemployment, misallocation and ad hoc public sector recruitment.

The Role of the Government and Policymakers

Policymakers must treat human capital development as a strategic mechanism, maintaining explicit alignment between higher education planning, economic development priorities, and labour market absorption capacity. Fragmented policy stewardship across ministries and agencies should be reduced through coordinated human capital governance mechanisms. Public administration, including sector-level managers, must actively articulate medium and long-term competency requirements of key economic drivers, and feed these requirements into higher education policy processes. Governments should shift from ad hoc graduate absorption practices towards planned workforce deployment strategies, ensuring that graduate output is absorbed into sectors where national productivity, innovation, and service delivery gains are most needed. In this effort, continuous policy dialogue, between education authorities, economic planners, and industry stakeholders, is essential to prevent symbolic alignment of graduate outputs while functional mismatches persist, if we aim for a prosperous nation.

Dr. Chani Imbulgoda (PhD) is a Senior Education Administrator, author, researcher, and lecturer with extensive experience in higher education governance and quality

assurance. She can be reached at cv5imbulgoda@gmail.com.

By Dr. Chani Imbulgoda

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The hidden world of wild elephants

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A tender moment as a baby elephant feeds safely beside its mother in the heart of the forest.

… Young photographer captures rare moments of love, survival and intelligence in Udawalawe National Park’s Wilderness

In the silent heart of the Udawalawe National Park’s wilderness, where dust rises gently beneath giant footsteps, and the afternoon sun burns across dry landscapes, young wildlife photographer Hashan Navodya waits patiently behind his camera lens.

For the 25-year-old final-year undergraduate student at the University of Jaffna, wildlife photography is not merely a hobby. It is a lifelong passion, a spiritual connection with nature, and a journey into the hidden emotional world of wild animals — especially elephants.

Originally from Gampaha District, Hashan’s fascination with wildlife began during childhood. While many children admired animals from afar, he spent countless hours observing them closely, studying their movements, behaviour and relationships.

“From a young age, I loved watching animals and understanding how they behave,” Hashan said. “At first, I visited zoos because that was the only way I could see wildlife. But later I realised that animals are most beautiful when they are free in their natural habitats.”

That realisation transformed his life.

His photography journey officially began in 2019, while studying at Bandaranayake College Gampaha, where he served as a photographer for the school media unit. Initially, he covered school functions and events before gradually moving into engagement shoots and event photography to improve his technical skills and earn money.

“Wildlife photography equipment is extremely expensive,” he explained. “I worked hard to save money for camera bodies and lenses because I knew this was what I truly wanted to do.”

Armed with determination and patience, Hashan eventually turned fully toward wildlife and nature photography.

His journey has since taken him deep into some of Sri Lanka’s most celebrated natural sanctuaries, including Yala National Park, Wilpattu National Park, Bundala National Park, Udawalawe National Park and Horton Plains National Park.

Among the countless wildlife encounters he has documented, elephants remain closest to his heart.

One of the most remarkable moments he captured unfolded during a harsh dry spell inside the wilderness.

A mother elephant, sensing water hidden beneath the cracked earth, carefully dug into the ground using her powerful trunk. Slowly, fresh underground water, rich in minerals and nutrients, emerged from beneath the dry soil.

Nearby stood her calf, patiently waiting.

“As the water appeared, the baby elephant quietly moved closer and drank beside its mother,” Hashan recalled.

Hashan Navodya

“It was such a powerful moment. It showed survival, intelligence, trust and the deep bond between them.”

The scene revealed more than instinct. It reflected generations of inherited knowledge passed from mother to calf — wisdom essential for survival in difficult conditions.

“These mineral-rich water sources are very important for young elephants, especially during dry periods,” he said. “Watching the mother carefully search and dig for water showed how intelligent elephants truly are.”

Another unforgettable moment, captured through his lens, revealed the softer, deeply emotional side of elephant life.

In a quiet corner of the forest, a baby elephant stood beneath its mother, gently drinking milk, while remaining sheltered under her protective body. The tenderness of the scene reflected unconditional care and the inseparable bond between mother and child.

“You can truly feel the love and protection in moments like that,” Hashan said. “In the wild, survival depends on the herd and, especially, on the mother’s care.”

His photographs also highlight the playful and emotional behaviour of elephants, particularly around water.

Inside the cooling waters of the Udawalawe National Park, Hashan observed a herd gathering together beneath the tropical heat. Young elephants splashed water joyfully over their bodies, using their trunks, while others sprayed water behind their ears to cool themselves.

“One young elephant was playing happily in the water while another carefully sprayed water around its ears as if enjoying a relaxing bath,” he said with a smile. “You can clearly see that elephants experience joy, comfort and emotion.”

The scenes reflected the social nature of elephants and their strong family bonds. Water is not simply essential for survival; it also becomes a place for interaction, play, relaxation and emotional connection within the herd.

For Hashan, wildlife photography offers far more than beautiful images.

“Wildlife gives me peace and happiness,” he said. “It reminds me that humans are also part of nature. Animals deserve freedom, respect and protection.”

His love for animals has even shaped his lifestyle choices.

“Because of my respect for wildlife, I avoid eating meat and fish,” he explained. “I want to live in a way that causes less harm to animals.”

Through every photograph, Hashan hopes to inspire others to appreciate Sri Lanka’s rich biodiversity and understand the importance of conservation.

“Wildlife is one of nature’s greatest treasures,” he said.

“Every animal plays an important role in maintaining the balance of nature. We must protect them and their habitats for future generations.”

His words carry the quiet conviction of someone who has spent long hours observing the rhythms of the wild — moments of struggle, affection, intelligence and harmony often unseen by the outside world.

As the golden light fades across Sri Lanka’s forests and grasslands, Hashan continues his search for nature’s untold stories, waiting patiently for another fleeting moment that reveals the extraordinary lives hidden within the wild.

“Nature still holds many beautiful stories waiting to be discovered,” he reflected. “Stories of survival, love, strength and harmony. Through my photographs, I hope people will understand why wildlife conservation matters so much.”

By Ifham Nizam

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Citizenship, Devolution, Land and Language: The Vicarious Legacies of SJV Chelvanayakam

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From left GG Ponnambalam, SJV Chelvanayakam and M. Tiruchelvam

SJV Chelvanayakam, the founder leader of the Ilankai Thamil Arasu Kadchi, aka Ceylon Tamil Federal Party, passed away 49 years ago on 26 April 1977. There were events in Sri Lanka and other parts of the world where Tamils live, to commemorate his memory and his contributions to Tamil society and politics. His legacy is most remembered for his espousal of the cause of federalism and his commitment to pursuing it solely through non-violent politics. Chelvanayakam’s political life spanned a full 30 years from his first election as MP for Kankesanthurai in 1947 until his death in 1977.

Under the rubric of federalism, Chelvanayakam formulated what he called the four basic demands of the Tamil speaking people, a political appellation he coined to encompass – the Sri Lankan Tamils, Sri Lankan Muslims and the hill country Tamils (Malaiyaka Tamils). The four demands included the restoration of the citizenship rights of the hill country Tamils; cessation of state sponsored land colonisation in the North and East; parity of status for the Sinhala and Tamil languages; and a system of regional autonomy to devolve power to the northern and eastern provinces.

High-minded Politics

Although the four basic demands that Chelvanayakam articulated were not directly delivered upon during his lifetime, they became part of the country’s political discourse and dynamic to such an extent that they had to be dealt with, one way or another, even after his death. So, we can call these posthumous developments as Chelvanayakam’s vicarious legacies. There is more to his legacy. He belonged to a category of Sri Lankans, Sinhalese, Tamils and Muslims, who took to politics, public life, public service, and even private business with a measure of high-mindedness that was almost temperamental and not at all contrived. Chelvanayakam personified high-minded politics. But he was not the only one. There were quite a few others in the 20th century. There have not been many since.

Born on 31 March 1898, Chelvanayakam was 49 years old when he entered parliament. He was not an upstart school dropout dashing into politics or coming straight out of the university, or even a hereditary claimant, but a self-made man, an accomplished lawyer, a King’s Counsel, later Queen’s Counsel, and was widely regarded as one of the finest civil lawyers of his generation. He was a serious man who took to politics seriously. Howard Wriggins, in his classic 1960 book, “Ceylon: Dilemmas of a New Nation”, called Chelvanayakam “the earnest Christian lawyer.”

Chelvanayakam’s professional standing, calm demeanour, his personal qualities of sincerity and honesty, and his friendships with men of the calibre of Sir Edward Jayatilleke KC (Chief Justice, 1950-52), H.V. Perera QC, P. Navaratnarajah, QC, and K.C. Thangarajah, were integral to his politics. The four of them were also mutual friends of Prime Minister SWRD Bandaranaike and they played a part in the celebrated consociational achievement in 1957, called the B-C Pact.

Chelvanayakam effortlessly combined elite consociationalism with grass roots politics and mass movements. He led the Federal Party both as a democratic organization and an open movement. Chelvanayakam and the Federal Party used parliament as their forum to present their case, the courts to fight for their rights, and took to organizing non-violent protests, political pilgrimages and satyagraha campaigns. He was imprisoned in Batticaloa, detained in Panagoda, and was placed under house arrest several times. His Alfred House Gardens neighbours in Colombo used to wonder why the government and the police were after him, of all people, and why wouldn’t they do something about his four boisterous, but studious, sons!

He was a rare politician who filed his own election petition when he was defeated in the 1952 election, his first as the leader of the Federal Party, and was rewarded with punitive damages by an exacting judge. He had to borrow money from Sir Edward Jayatilleke to pay damages. The common practice for losing candidates was to file vexatious petitions in the name of one of their supporters with no asset to pay legal costs. Chelvanayakam was too much of a principled man for that. As a matter of a different principle, the two old Left parties never challenged election losses in court, but Dr. Colvin R de Silva singled out Chelvanayakam’s uniqueness for praise in parliament, in the course of a debate on amendments to the country’s election laws in 1968.

Disenfranchisement & Disintegration

Although he became an MP in 1947, Chelvanayakam had been associated with GG Ponnambalam and the Tamil Congress Party for a number of years. GG was the flamboyant frontliner, SJV the quiet mainstay behind. Tamil politics at that time was all about representation. In fact, all politics in Sri Lanka has been all about representation all the time. It started when British colonial rulers began nominating local (Sinhala, Tamil, Muslim) representatives to quasi legislative bodies, and it became a contentious political matter after the introduction of universal franchise in 1931.

Communal representation was conveniently made to look ugly by those who themselves were politically communal. Indeed, under colonial rule, if not later too, Sri Lankans were a schizophrenic society where most Sinhalese, Tamils and Muslims were socially friendly, but politically communal. The underlying premise to the fight over representation was that British colonialists were not leaving in a hurry and they were there to stay and rule for a long time. Hence the jostling for positions under a foreign master. It was in this context that Ponnambalam made his celebrated 50-50 pitch for balanced representation between the Sinhalese, on the one hand, and all the others – Tamils, Muslims, Indian Tamils – combined on the other. It was a perfectly rational proposition, but it was also perfectly poor politics.

But independence came far sooner than expected. The Soulbury Constitution was set up not for a continuing colonial state, but as the constitution for an independent new Ceylon. So, the argument for balanced representation became irrelevant in the new circumstances. The new Soulbury Constitution was enacted in 1945, general elections were held in 1947, a new parliament was elected, and Ceylon became independent in 1948. SJV Chelvanayakam was among the seven Tamil Congress MPs elected to the first parliament led by GG Ponnambalam.

The Tamil Congress campaigned in the 1947 election against accepting the Soulbury Constitution and for a vaguely formulated mandate “to cooperate with any progressive Sinhalese party which would grant the Tamil their due rights.” But what these rights are was not specified. In a Feb. 5, 1946 speech in Jaffna, Ponnambalam specifically proposed “responsive cooperation between the communities” – not parties – and advocated “a social welfare policy” to benefit not only the poor masses of Tamils but also the large masses of the Sinhalese.

So, when Ponnambalam and four of the seven Tamil Congress MPs decided to join the government of DS Senanayake with Ponnambalam accepting the portfolio of the Minister of Industries, Industrial Research and Fisheries, they were opposed by Chelvanayakam and two other Tamil Congress MPs. The immediate context for this split was the Citizenship question that arose soon after independence when DS Senanayake’s UNP government introduced the Ceylon Citizenship Bill in parliament. The purpose and effect of the bill was to deprive the estate Tamils of Indian origin (then numbering about 780,000) of their citizenship. Previously the government had got parliament to enact the Elections Act to stipulate that only citizens can vote in national elections. In one stroke, the whole working population of the plantations was disenfranchised.

GG Ponnambalam and all seven Tamil Congress MPs voted against the two bills. Joining them in opposition were the six MPs from the Ceylon Indian Congress representing the Malaiyaka Tamils and 18 Sinhalese MPs from the Left Parties. The Citizenship Bill was passed in Parliament on 20 August 1948. Ponnambalam called it a dark day for Ceylon and accused Senanayake of racism. But less than a month later, on September 3, 1948, he joined the Senanayake cabinet as a prominent minister and the government’s principal defender in parliamentary debates. Dr. NM Perera once called Ponnambalam “the devil’s advocate from Jaffna.”

Chelvanayakam remained in the opposition with two of his Congress colleagues. A little over an year later, on December 18, 1949, Chelvanayakam founded the Ilankai Tamil Arasu Kadchi, Federal Party in English. Not long after, joining Chelvanayakam in the opposition was SWRD Bandaranaike, who broke away from the UNP government over succession differences and went on to form another new political party, the Sri Lanka Freedom Party. As was his wont as a Marxist to see trends and patterns in politics, Hector Abhayavardhana saw the breakaways of Chelvanayakam and Bandaranaike, as well as the emergence of Thondaman as the leader of the disenfranchised hill country Tamils, as symptoms of a disintegrating society as it was transitioning from colonial rule to independence.

Abhayavardhana saw the Citizenship Act as the political trigger of this disintegration in the course of which “what was set up for the purpose of a future nation ended in caricature as a Sinhalese state.” Chelvanayakam may have agreed with this assessment even though he was located at the right end of the ideological continuum. “Ideologically, SJV is to the right of JR,” was part of political gossip in the old days. He saw “seeds of communism” in Philip Gunawardena’s Paddy Lands Act. For all their differences, Chelvanayakam and Ponnambalam were united in one respect – as unrepentant opponents of Marxism.

The Four Demands

Chelvanayakam had his work cut out as the leader of a new political party and pitting himself against a formidable political foe like Ponnambalam with all the ministerial resources at his disposal. Chelvanayakam may not have quite seen it that way. Rather, he saw his role as a matter of moral duty to fill the vacuum created by what he believed to be Ponnambalam’s betrayal, and to provide new leadership to a people who were at the crossroads of uncertainty after the unexpectedly early arrival of independence.

He set about his work by expanding his political constituency to include not only the island’s indigenous Tamils, but also the Muslims and the Tamil plantation workers from South India – as the island’s Tamil speaking people. It was he who vigorously introduced the disenfranchised Indian Tamils as hill country Tamils. In the aftermath of the Citizenship Act and disenfranchisement, restoring their citizenship rights became an obvious first demand for the new Party.

Having learnt the lesson from Ponnambalam’s failed 50-50 demand, Chelvanayakam territorialized the representation question by identifying the northern and eastern provinces as “traditional Tamil homelands,” and adding a measure regional autonomy to make up for the shortfall in representation at the national level in Colombo. To territorialization and autonomy, he added the cessation of state sponsored land colonization especially in the eastern province. Chelvanayakam and the Federal Party painstakingly explained that they were by no means opposed to Sinhalese voluntarily living in Tamil areas, either as a matter of choice, pursuing business or as government and private sector employees, but the nuancing was quite easily lost in the political shouting match.

The fourth demand, after citizenship, regional autonomy, and land, was about language. Language was not an issue when Chelvanayakam started the Federal Party. But he pessimistically predicted that sooner or later the then prevailing consensus, based on a State Council resolution, over equality between the two languages would be broken. He was proved right, sooner than later, and language became the explosive question in the 1956 election. As it turned out, the UNP government was thrown out, SWRD Bandaranaike led a coalition of parties to victory and government in the south, while SJV Chelvanayakam won a majority of the seats in the North and East, including two Muslims from Kalmunai and Pottuvil.

After the passage of the Sinhala Only Act on June 5, 1956, the Federal Party launched a political pilgrimage and mobilized a convention that was held in Trincomalee in the month of August. The four basic demands were concretized at the convention, viz., citizenship restoration for the hill country Tamils, parity of status for the Sinhala and Tamil languages, the cessation of state sponsored land colonization, and a system of regional autonomy in the Northern and Eastern Provinces.

The four demands became the basis for the Bandaranaike-Chelvanayakam agreement – the B-C Pact of 1957, and again the agreement between SJV Chelvanayakam and Dudley Senanayake in 1965. The former was abrogated by Prime Minister Bandaranaike under political duress but was not abandoned by him. The latter has been implemented in fits and starts.

The two agreements which should have been constitutionally enshrined, were severely ignored in the making of the 1972 Constitution and the 1978 Constitution – with the latter learning nothing and forgetting everything that its predecessor had inadvertently precipitated. The political precipitation was the rise of Tamil separatism and its companion, Tamil political violence. Ironically, Tamil separatism and violence created the incentive to resolve what Chelvanayakam had formulated and non-violently pursued as the four basic demands of the Tamils.

After his death in 1977, the citizenship question has finally been resolved. The 13th Amendment to the 1978 Constitution that was enacted in 1987 resolved the language question both in law and to an appreciable measure in practice. The same amendment also brought about the system of provincial councils, substantially fulfilling the regional autonomy demand of SJV Chelvanayakam. The land question, however, has taken a different turn with state sponsored land colonisation in the east giving way to government security forces sequestering private residential properties of Tamil families in the north, especially in the Jaffna Peninsula.

Further, the future of the Provincial Council system has become uncertain with the extended postponement of provincial elections by four Presidents and their governments, including the current incumbents. The provinces are now being administered by the President through handpicked governors without the elected provincial councils as mandated by the constitution. Imagine a Sri Lanka where there is only an Executive President and no parliament – not even a nameboard one. “What horror!”, you would say. But that is the microcosmic reality today in the country’s nine provinces.

by Rajan Philips

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