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Observations on Electricity Bill

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Kanchana Wijesekera and Charitha Herath

Prof. Charitha Herath’s letter to Minister of Power and Energy Kanchana Wijesekera

Having reviewed the recently published Sri Lanka Electricity Bill in the gazette, I wish to express my appreciation for the improvements made compared to previous drafts. It’s evident that considerable effort has been invested in refining this version of the bill, making it notably more comprehensive and effective.

Nevertheless, I have identified some fundamental issues in this draft as well. I believe that the forthcoming discussions on this draft will provide an opportunity to address these concerns. Given that the drafting committee appears to have finalized their positions on the matter, I suggest that the proposed changes to the bill should be subjected to scrutiny first in the Supreme Court and subsequently in the Parliament. I anticipate that certain comments and issues regarding the bill will be raised during the legal submission to the courts and in the policymaking exercise within the Parliament.

In the meantime, I wanted to share some of the issues I’ve noticed at the forefront of the bill with you. I believe your consideration, as the incumbent Minister of Power and Energy, is crucial regarding these matters. Thus, I aim to bring these issues into the national discussion surrounding this significant legislative process.

Reforms are Needed

As many would concur, I share the belief that reforms in the Power and Energy sector are paramount. This necessity has been a focal point in policy-level discussions over the past two decades. The current regulations governing the Power Sector, established under the Ceylon Electricity Board Act No. 17 of 1969 and the Electricity Act No. 20 of 2009, have highlighted numerous lapses and legal complexities. These issues have resulted in delays and, in some cases, hindered the development within the sector.

In my view, the reform requirement mentioned above was not adequately addressed by the gazetted bill on 17/4/2024. Instead, it appears to provide excessive leeway for political actors to intervene in the regulatory mechanism of the Power sector. In essence, the proposed bill could exacerbate existing difficulties in certain areas and potentially delegate decision-making power entirely to political entities.

When examining international experiences, Power sector reforms typically unfold in three stages:

1. Unbundling and corporatization, often adopting a single buyer model.

2. Establishment of a wholesale market.

3. Establishment of a retail market.

These stages represent a structured approach to reform aimed at enhancing efficiency and promoting competition within the sector.

The overarching goal of reform experiences is to transform initially highly regulated existing markets, where the regulator decides on allowed Revenue and Returns of Investment (ROI) except Power Purchasing Agreements (PPAs). Consequently, reforms typically advance towards deregulation, wherein prices are determined through competition. This progression aims to foster greater market efficiency and encourage innovation within the sector.

The gazetted Bill, dated 18/04/2024, outlines an initial proposal for unbundling and corporatization, operating within a single buyer model. Under this framework, the National System Operator (NSO) is tasked with purchasing electricity from Generation Companies (Gencos) and subsequently selling it to Distribution Companies (Discos). Additionally, the bill aims to establish a wholesale market model, wherein prices are determined through competition between Gencos and Discos. This approach signifies a pivotal step towards fostering market efficiency and promoting competition within the sector.

Given that approximately 85% of the cost of electricity in Sri Lanka is attributed to generation, it is imperative to prioritize the establishment of competition within the generation sector. Therefore, in alignment with the overarching reform expectations, it is crucial to thoroughly examine the gazetted bill. This careful scrutiny will ensure that the proposed reforms effectively address the need for competition in the generation sector, ultimately contributing to greater efficiency and affordability in the electricity market.

Some Observations

·

In order to effectively implement new reforms in the Power sector, there are two crucial aspects to consider at a conceptual level. Firstly, it is imperative to consult and involve the main stakeholders of the industry in the proposed legal and institutional reforms. It is essential to ensure that their voices are heard and that they are actively engaged in the process, regardless of whether all stakeholders are in agreement with the Bill. Secondly, it is vital to ensure that the proposed reforms adequately address the core issues at hand. Unfortunately, it is my belief that the Government has failed to address both of these highly important issues.

· The proposed bill signifies a notable shift towards increased Politicization of the Electricity Sector. It is clear that key institutions to be established under this bill will be subject to substantial political influence. For example, following the bill’s passage, entities like the Long Term Generation Expansion Plan (LTGEP), National System Operator (NSO), Power Sector Reform Secretariat (PSRS), and certain functions of the Public Utilities Commission of Sri Lanka (PUCSL) will come under direct political control.

· The independence of successor companies and corporate good governance will no longer be maintained, as management control will now rest with the Minister in Charge.

· The Electricity Reform Act no 28 of 2002(that was not implemented due to political reasons)had proposed the establishment of an independent agency known as the “Monitoring and Advisory Committee” to spearhead the reform project. This committee was intended to have the authority to advise the Minister on the appointment and dismissal of directors of the proposed successor companies. However, the recently gazetted new Bill (17/04/2024) does not include this independent mechanism, giving the Minister the power to appoint the Board of Directors of the successor companies. Furthermore, the Minister’s consent is now required for the appointment of the CEO of NSO, as outlined in Section 10 (1)(b) & (c) of the new Bill.

· The “Long Term Power System Development Plan” is formulated by NSO and then forwarded to the Minister for assessment, followed by submission to the Cabinet for approval (as outlined in the recently gazetted Bill, Section 10 (7) (b)).

· Weakening of the Regulator, PUCSL

· The PUCSL no longer holds the power to approve the “Long Term Power System Development Plan” as it has been transferred to the cabinet of Ministers, as per the newly gazetted Bill, Section 10 (7) (b).

· According to Section 3(1)(a) of the Sri Lanka Electricity Act 2009, the PUCSL has the authority to provide advice to the government on matters within their jurisdiction. Nevertheless, the recently gazetted Bill has revoked these powers and transferred them to the National Electricity Advisory Council, which will be appointed by the Minister (new Bill, Section 3 (3)).

· According to Section 20 (2) of the Bill that was gazetted in December 2023, the Regulator is required to simply “inform the Minister” when granting licenses for generation, transmission, and distribution. However, in the recently gazetted Bill, the Regulator now needs to seek the “concurrence of the Minister” before granting licenses.

· The Bill’s Section 4 (10) includes provisions that enable the bypassing of competitive tendering through the provision of incentives to select technologies.

· Illogical Timeline – proposed approach to rescind the current Acts in 6 months without any preconditions, unveiling the Transfer Plan after the specified date, and more.

· As per the new Act, the functions currently executed by CEB will be transferred to the newly formed successor companies within a maximum duration of six months. Section 1 (2) of the Act ensures automatic appointment within this timeframe.

· The process of setting up new successor companies includes drafting detailed Memorandums and Articles of Associations, reallocating assets, liabilities, and human resources, preparing new balance sheets, creating financial models for tariff development, and finalizing the incorporation of other supporting functions. The unrealistic timeline proposed in this new Act is a significant issue.

·It’s not just the impracticality, the legality of forming companies according to a transfer plan which has not been approved and gazetted is also another serious issue.

·Electricity Pricing – guaranteeing fair returns, measures to establish private monopolies, minister directs policy guidelines to encourage specific projects/technologies, no safeguards for regional trade below domestic market prices, permitting current generation licensees to engage with distribution licensees before entering the Wholesale market.

· The increase in electricity prices is tied to the requirement for a justifiable return on investment as outlined in the recently published Bill, Section 29 (5) and (9)(a). This will cause prices to rise, with the Regulator being legally required to ensure that profits are kept at a reasonable level. In times of high inflation or interest rates, electricity prices may see an uptick. The assurance of a reasonable ROI can be accomplished through tariff policies, which are not legally mandated, giving the Regulator the ability to lower profits during tough economic times.

·Granting free access and allowing Captive Generation without comprehensive study as stipulated under Section 12 could lead to the general public being unable to access cost-effective power plants, ultimately causing prices to escalate.

· Section 30(4) permits distribution licensees to engage in power purchase agreements with generation licensees before the Wholesale Electricity Market is established. The competition between distribution licensees for access to inexpensive power plants will drive up prices.

· In the December 2023 gazetted Bill, there was a provision that prohibited the acquisition of combinations of licenses without any qualifications (Section 19 (6)). However, in the new Bill, this prohibition only applies if a company owns more than 50% of the ownership. For instance, if a company owns 49% of the National Network service provider, it can still acquire a Distribution license and shares of multiple other companies as long as its ownership remains below 50%. Additionally, with the introduction of Additional Transmission Licenses, it is possible for a few companies to have control over more than 50% of the National Grid.

· Private companies have been granted Additional Transmission Licences under the new Bill, as stated in Section 14 (2). Nevertheless, Section 10 does not grant the NSO the authority to utilize transmission lines owned by these Additional Transmission Licensees in order to ensure a consistent electricity supply.

· The new Act does not include any provisions to address monopolies, anti-competitive practices, collusion, abuses of dominant position, and merger situations that could impact competition in the Electricity Industry. Rather than enacting specific laws to combat these issues, Section 28 grants the Minister the authority to issue policy guidelines.

· Additionally, as per Section 10(13)(b), it is stipulated that the terms of Electricity trading with foreign nations must receive approval from the Cabinet of Ministers. Given that this trading has a direct impact on the sovereignty of the nation, these terms should be ratified by Parliament, especially for fundamental conditions.

· The exportation of low-cost renewable energy to other countries may result in the deprivation of citizens from accessing affordable electricity. Regional trading lacks protection against prices below the local market costs.

As mentioned earlier, stakeholders and policymakers will have limited avenues for correcting the draft bill once it has been gazetted and tabled in parliament. One option is to seek determinations from the Supreme Court, while the other is to propose amendments during the Committee Stage of the parliamentary debate. However, given the current government’s approach to passing acts in parliament, there are doubts about the feasibility of making amendments through the parliamentary process. The considerable majority power of SLPP MPs is likely to heavily influence and potentially override discussions on the issue within parliament.

I urge the Honourable Minister to carefully consider the observations outlined above and take necessary steps to amend the bill accordingly from the government side. Furthermore, I strongly encourage the Honourable Minister to convey these observations to your advisory council for their expert input and recommendations in rectifying the identified issues. This proactive approach will ensure that the bill is revised comprehensively to address concerns and uphold the principles of fairness and effectiveness in the reform process.

Lastly, I would like to reference an important excerpt from Sally Hunt’s influential book, “Making Competition Work” (2002), which directly relates to the subject under discussion here: “In the US energy industry, it is fairly clear that the major problems with the old structure lay in the generation part of the industry – the efficiency of the investment decision, its regulation, and the tendency for decisions on generation to become politicised” (p. 28).

What I have observed throughout the process of drafting the new Electricity Act is a concerning trend towards politicization of decisions regarding generation. I strongly urge you to take decisive steps to halt this trend and address the issues present in the bill accordingly. It is imperative that we uphold the integrity of the legislative process and prioritize the best interests of the public and the energy sector as a whole.

Charitha Herath (MP)



Opinion

Remembrance Day, 19 May 26: Was it traduced?

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War Heroes Memorial

‘Ferocious in battle, Magnanimous in victory (Col Tim Collins- Brit Army)

Sri Lanka commemorated the 17th anniversary of the end of the 30-year Eelam conflict with a moving War Heroes Remembrance Day ceremony on 19 May 26 at the monument on the Parliament grounds. It was a solemn occasion when the Nation paid tribute to over 29,000 Defence and Police people (women and men) who died in the conflict. Sadly, politics, aberrations and theatrics were also on display.

The gravity of the sacrifices made and consequences of the Eelam war and two Southern terrorist insurgencies (1971 and 1988-9), are felt mostly by those who lost their loved ones in the conflicts as the nation mourns with them. Any hesitation to pay tribute belittle the fallen.

It was regrettable to see that the ceremony was also political. Why were the general public excluded from honouring the fallen? It defies understanding that such actions could take place at an event held sacred by the nation. Is there any other country where citizens are prevented from laying wreaths at a National Remembrance monument?

In the UK, from where this ceremony originates, 10,000 veterans (of an army of 109,000 -just half of Sri Lanka’s) take part in the march past every November. They are selected by their regimental associations from thousands of applications on a first come first served basis. Public access is unrestricted with numbers attending being the only barrier to viewing.

It is shocking that in Sri Lanka while public access is denied (selectively?), ‘invitations’ are given to attend a national Remembrance Day. They were restricted to just three government nominees! Who made this unwise decision and why?

Did the other government cohorts object to being invited? Would they have been embarrassed to come? Is the purpose of this to prevent prominent actors in the victory from receiving overwhelming accolades if they attended? Was there a fear of gate crashing? Perish the thought.

What is the need to make political speeches at an event to honour the nation’s dead? Couldn’t the speeches be made in Parliament or broadcast the day before? Seeing VIPs enjoying a joke at this ceremony hurts.

When laying wreaths at the monument, national customs should be followed by all, as in the past. A traditional low bow with hands clasped humbly, as at funerals, should be the form. In the West the head is bowed. It is unnecessary to imitate Americans by placing one hand over the heart when bowing, as on CNN. Bringing the other hand over the midriff elaborates but is an awkward addition.

The dress for all civilians attending should be similar, respectful and appropriate as for formal events and uniform, matching that of the retired military.

This is the time for the nation to remember and reflect for a moment on the dead in conflict, not only of the Military and Police who sacrificed their lives in thousands doing their duty but also of the innocent civilians who died in tens of thousands. Or, is it that some, other than the NOK, who survived in the North and South, have become hardened to death and do not wish to recall how appalling the losses were? Has death lost its meaning if also not its sting?

During 1988-9, when 60,000 died in 13 months (over 100 a day), a tea planter in Bandarawella was shot dead by Southern terrorists for hoisting the national flag on Independence day.

In the Eelam conflict just one regiment, (regiments are the core and heart of the Army), Gemunu Watch, lost 3,424 KIA and 4,272 WIA. The Imperial British Army after WWII lost 2551 (just over half of the Gemunu Watch number) in war in Korea (1949-51), Falklands (1982), Iraq, Afghanistan (20 years) and 40 years of insurgency in Northern Ireland. (SL Army infantry regiments (SL Light Infantry, Sinha, Gemunu, Gajaba and Vijayba) had about 19,000 of 21,000 of the Army KIA. That is the enormity of the sacrifices made by our indomitable military. Who then struggled to find heroes in the military?

Fisher Weerasuriya from Matara and farmer Vernugopal from Jaffna who never knew each other were brought to a place hundreds of miles from their villages, to blow each other’s brains out. ‘Had they a quarrel? Busy as the devil is, not the smallest. Their political leaders had fallen out; and instead of shooting one another had the cunning to get these blockheads to shoot each other’ (transcribed from ‘Sartor Resartus’ – Carlyle). Do Sri Lankan politicians who stirred the pot not know this when they fervently say they hope to prevent conflict in the future?

Is it correct then to exult that 6,000 troops died in the last phase of the war? Is that an achievement? As FM Montgomery said of the WW1 British Army “Good fighting Generals of the war appeared to have complete disregard for life’.

Reparations are claimed by the winners in wars between nations. After civil conflicts there should be reconciliation. There should be no humiliation. When will commemoration of the dead be national in Sri Lanka? How many from communal minorities attend this ceremony? Every citizen from North to South should be welcomed to attend Remembrance ceremonies in the future. That will hopefully help to sow unity.

The military died without a murmur for their companions so that the nation would survive. Let next year’s commemoration be a truly national event where the focus is on those who died while veterans in large numbers and the next of kin together with the general public, are warmly welcomed.

“If it be life that awaits, I shall live forever unconquered: If Death I shall die at last strong in my pride and free”. – Scottish National Memorial

 

by Old Soldier

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Opinion

Undermining the democratic political framework

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Aragalaya betrayed? ‘The treason of the intellectuals’ in the age of populism – Part II

The JVP/NPP conceptualisation of the ‘Jathika punarudaya’ (national renaissance) interpreted the Sri Lankan Renaissance as the aspiration to regain the moment we lost in the global modernisation project, which is believed to have emerged in the twentieth century as a result of the Western European Renaissance and Enlightenment imagination. Jathika punarudaya values modernity as the era of citizens based on a representative democratic model founded on a common social contract. It values human rights, civil rights, and political rights as the core of modernity. It values social interventions based on the values of social justice and collectivism. But is the current government acting on the basis of those renaissance beliefs that they claim to believe in?

This government came to power within the framework of bourgeois parliamentary democracy. However, the opposition alleges that the government is working to limit the right of the opposition to question the government’s actions within that framework, and within Parliament itself. The continued postponement of provincial council elections by the government has been criticized as a delay in the implementation of decentralised political power, especially in provinces inhabited by Tamils and Muslims.

The promise to abolish the executive presidency and restore a parliamentary-based political power structure continues to be postponed. This has drawn attention as a possible way to suppress trade union activities and intimidate political activists through repressive laws such as the Public Security Act and the Emergency Law, which are continuously implemented through the authoritarian use of the power of the executive presidency.

‘Honest party leadership,’ not the institutional system

The JVP, the core political party of the current government, which insists that its members are honest, claims that even if they violate certain rules and regulations in the course of governing, there is nothing wrong with it because it is not done for personal interest but for the common good. This implies that this government does not rely on rules, regulations, and a system of institutions built to last, but rather on the leaders of its own party, the JVP, whose leaders believe themselves to be honest. The system of institutions established on rules and regulations is for the rest of the people.

Attempts to subjugate institutions and public opinion to the government’s opinion

It is apparent that the government wants to implement its pre-designed agenda without any hindrance. To that end, the government is trying to subjugate all institutions and public opinion to its sole opinion. The most striking example of this approach is the government’s attempt to implement, without any genuine public discussion, neoliberal reforms formulated by previous governments regarding national education, which will have a decisive impact on the future of the country. The leadership brags that the proposed education reforms will be implemented as originally designed, regardless of any criticism or objections.

The government sets up committees at the local level claiming to represent the public, but people complain that they exclude anyone who does not conform to their way of thinking.

Freedom of expression

Civil rights activists say the current government’s continued use of the Online Safety Act, which was passed by the previous government despite public opposition, poses a serious threat to freedom of expression. Freedom of expression has been suppressed under the guise of legality. The government has made it a policy to summon and question individuals who criticise the government—even national-level politicians—at the CID. This amounts to intimidating its critics.

The government has not only broken its promises by failing to repeal the existing PTA but is also attempting to pass a new anti-terrorism law that local and international civil rights organizations have unanimously condemned as even more repressive. It has been stated that there is scope for the proposed new law to intensify the current use of anti-terrorism law as a weapon to suppress freedom of expression.

The Arts Council has become an arts police!”

The latest instance of the government’s attempt to curb freedom of expression that has come under serious public criticism is the detention of four books by a Sri Lankan writer, Theebachelvan, who writes in Tamil, by Sri Lankan Customs when they were brought into the country from India. Later, a statement issued by the Director of Customs said that two of the novels would be released based on recommendations issued by the National Arts Council and the Literary Council, while the other two would not be released based on the recommendations of those boards and the Ministry of Defense.

The statement that The Arts Council has become an arts police!” sums up the public protest that arose questioning the legal and moral rights of the members of the Arts Council and the Literary Council who have received political appointments” to measure and mark the boundaries of freedom of speech and expression at their own discretion” by giving such recommendations and assuming a power that they do not have.

Going beyond this general situation, the serious question that has been raised is: on what basis did Customs consider the views expressed in the two books by Theebachelvan that have been censored to be equivalent to the crime of ‘sedition’ under Section 120 of the Penal Code, which was cited as the reason for the detention? A related question is whether there is a connection between the allegation of sedition and the fact that the writer is a Tamil from Kilinochchi.

The irony here is the intervention of the current government’s Minister of Culture, the heads of the Arts Council under the Ministry of Culture, and its own literary sub-council in deciding this matter, along with the follow-up statements defending the government’s decision made by the same authorities, as well as by writers, artists, intellectuals, and academics who have been holding positions under the current government and those who have not.

There was strong public criticism that these individuals—who were believed to have held radical, liberal views on freedom of expression and ethnic rights before the current government came to power—have been appointed to various positions under the current government and now approve its repressive decisions in the name of ethnic reconciliation.

The following sentiments extracted from the comments made by Sumathy Sivamohan on her FB page, expressing her shock at a statement made by one of the leading Sinhala writers involved in making such statements, encapsulate the essence of the public criticism of the issue:

I am shocked at [name of the person]’s words on the detainment of Theebachelvan’s works by Customs. … The radicalness, the liberalness, are just thin veneers of their Sinhala-only stances. …. Now, they talk of Reconciliation. Reconciliation via Repression. …. Reconciliation, my foot! …. reconciliation is in your head, I think …. [I am] outraged. But now, [I] am certain of one thing. This is the bluff and bluster of liberals. …. That [name of the person] and others think, when Sinhala people think there’s reconciliation, there’s reconciliation, smacks of very deep-rooted racism

I don’t understand the argument, ‘we have to protect this government’ sentiment, touted by many liberals, who in intimate circles voice criticism. And these are the same people who supported the LTTE too, when it suited them—their liberal Sinhala agendas. … Now, they are blubbering …. it is shocking, for it whisks the mask off the faces of these liberal faces. There is a side of Sinhala liberalism that slavishly supports sentiments pertaining to the LTTE. They are the same, they are all the same. Those radicals, those liberals, those everybody, who think because they are Sinhala they have superior knowledge of matters. Sickening.” (reproduced with permission). (To be continued)

by Kumudu Kusum Kumara

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Opinion

The need to reform Buddhist ecclesiastical order

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(The author is on X as @sasmester)

On 6 May 2026, I wrote an essay in this column titled, ‘Monks, the Law and the Future of the Buddhist Monastic Order.’ While my point of departure was the arrest of 22 Buddhist monks on narcotics charges, my focus was the need to treat everyone in this country equally before the law – including Buddhist monks. The fact that the Mahanayaka Theros had requested in a statement that the errant monks be thoroughly investigated and legally dealt with was encouraging given their usual silence in such cases. Now, another – and an even more visible case – has come to the fore. This time, the Chief Prelate of the Atamasthana, Venerable Pallegama Hemarathana Thero, has been accused of sexually abusing an underage girl from Anuradhapura. The National Child Protection Authority reported the facts of the incident that had been discovered to the Anuradhapura Magistrate’s Court on 8 May 2026, and the court subsequently ordered the arrest of the suspect monk and the girl’s mother. Anuradhapura Chief Magistrate has also imposed a foreign travel ban on the suspect monk.

But unlike with the 22 monks in the earlier case, the usual silence on the part of the Reverend Mahanayakas and other senior monks have descended upon Venerable Hemarathana’s case and the seeming non-equality before the law seems to prevail again – at least to some extent. This time, there are no public statements or meetings with the President to urge action to the ‘fullest extent of the law’ as was the case earlier. One must assume this is because the accused this time is a senior and influential prelate as opposed to a group of unknown young monks in the earlier case.

While his case was gathering momentum both in the courts and in public discourse, Ven Hemaratana promptly admitted himself to a comfortable private hospital in Colombo following the established path already followed by many affluent suspects. However, he was officially arrested on 8 May 2026. It is unfortunate that he resorted to this course of action rather than presenting himself to the prison authorities through the courts. This is because this action of anticipated privilege places him on par with all the powerful suspects in this country in recent times who have taken the same path. This is a matter of his own choice. My understanding is Venerable Hemarathana, after being arrested at the private hospital has been officially placed under remand and held in a government hospital under prison custody. While the law has worked here in terms of the arrest and the preceding action unlike numerous other occasions in recent decades when it comes to powerful individuals, many commentators claim it has still been somewhat slow. This perception also comes from the long history of negative experiences society has witnessed and the expectation of better delivery of justice under the watch of the present government. Overall, however, I think the procedure so far indicates a somewhat positive development given the unenviable history involving such high-profile cases in the past. But the public vigilance over the case should not diminish.

However, despite the typical silence within the formal Buddhist ecclesiastical establishment, there is considerable debate and often unmitigated noise mostly emanating from social media clamouring for the need for justice for the allegedly abused girl. If not for this noise, my sense is, the present case too might have been swept under the carpet as has been done many times before in similar circumstances.

But the social media clamour, despite its positive impact on pressuring government agencies towards action, has its own major failings. Many of these articulations have already decided upon Venerable Hemarathana’s guilt as if they had access to all the evidence in the case and have unparalleled legal expertise that would allow them to act as judge, jury and executioner in a court of public popularity. This approach itself is very dangerous. Irrespective of how we may feel about the case and the plight of the young girl who has been victimised in more ways than one, Venerable Hemarathana is still merely an accused or suspect. Nothing has been proven beyond any doubt in a court of law. Social media acting as an all-inclusive judicial mechanism is simply dangerous and unintelligent. The next victim can easily be any one of us for no good reason and the present social media trend-setters have already set the precedent.

The only sensible thing the social media and intelligent citizens, particularly Buddhists can do is not to make judgements in a situation where they simply cannot, but contribute to sensible and thoughtful debate and pressure the Buddhist establishment as well as the government to initiate urgent ecclesiastical reforms and ensure monks are treated exactly the same as all other citizens when they violate the law of the land. Hiding or protecting wrongdoers is not the solution as it will only make matters worse in the long run.

A somewhat comparative but limited global example is the Catholic Church which has faced extensive and recurring controversies regarding child sexual abuse across almost all continents, mostly as a vocal public discourse from the 1980s onward. It would be good to see how these controversies emerged and what happened.

The controversies in the United States emerged in 1985, 2002, 2018 even though it is the 2002 Boston Globe exposé that is considered the most damaging and became a global turning point indicating systemic institutional silence within the church. The controversies in Ireland emerged between the 1990s and 2009 mostly emanating from several government-commissioned reports that include the Ryan Report (2009) and Murphy Report (2009), which documented widespread physical and sexual abuse in Church-controlled institutions from 1936 to 1999, which concluded both the Church and state failed to protect children. Similar conservatories concerning the Catholic Church have emerged in Canada between the 1990s and 2015; in Australia between 2012 and 2018 as well as in other countries like Germany, Belgium, the Netherlands, France, Spain, Mexico and Chile.

What is important is these controversies created considerable public concern, characterised by a profound loss of institutional trust and demands for transparency. Crucially, these scandals fundamentally transformed the public perception of the Church and prompted significant legal and institutional reforms globally. This sense of public outrage, concern, demand for institutional reform and follow-up action is what is woefully lacking in Sri Lanka when it comes to the Buddhist monastic order.

But the Buddhist order certainly needs reform. And it needs such reform urgently and we must see these reforms in action without delay. Monastic orders should not be allowed to deal with or protect wrongdoers when they violate the law. Dealing with such situations should only be up to the legal and judicial system of the country.

Venerable Galkande Dammananda, in a YouTube interview with Saroj Pathirana on 18 May 2026 clearly noted that any member of the clergy who has violated the law should be dealt with by the law and it would simply be wrong not to do so. He was very clear in his explanation that no exemptions should be provided to monks. This basic legal and commonsense position which we seem to have forgotten in this country when it comes to powerful people in general and Buddhist monks in particular, should be the point of departure for reforming the Buddhist monastic order.

It would be instructive to understand the dilemmas faced by the Catholic Church globally if we are serious about getting Buddhist institutional network reformed. The crisis in the Catholic Church and its long-term neglect of justice and silence over wrongdoing ensured many people, particularly in countries like the United States distanced themselves from the church. Any inaction on the part of the Buddhist order and the government might lead the future of the Buddhist establishment in this direction too. One should not disregard the present unhappiness that is clearly visible and felt in society, mostly articulated in social media. These are mostly Buddhist voices.

We need to decide whether we want to reform our institutions and go forward or allow them to collapse and descend into chaos. The people should not forget that like any elected government, the Buddhist as well as other religious establishments survive on our collective kindness. And that kindness should not be based on blind and unintelligent faith. If they do not reform themselves and reinvent themselves, they certainly do not deserve our support.

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