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Presidential pardons: an unchecked executive power

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by R.J. de Silva,Attorney-at-law

A pardon is defined in Black’s Law Dictionary ‘as an act of grace’. In the Oxford Dictionary it is defined as an “action of forgiving or remission of the legal consequences of an offence or conviction”. Some argue that the power to grant a pardon is a check on the powers of the judiciary rectifying any miscarriage of justice. But this executive power unchecked could result in the abuse of power.

In recent times, President Sirisena granted two pardons – one within six months and the other within nine days of relinquishing office while President Gotabay Rajapaksa granted two pardons – one within four months of becoming president and the other seven months after he received a two thirds majority in Parliament.

The practice of giving Presidential pardons to political friends came to the limelight when President Gotabaya Rajapaksa appointed a notorious Buddhist monk Ven. Galaboda Eththe Gnanasara who had received a pardon from President Sirisena earlier, as the Head of the Presidential Task Force to study and prepare a law to implement the concept “One Country One Law”, as though the monk was an epitome of righteousness.

In view of the controversial manner in which Presidents Maithripala Sirisena and Gotabaya Rajapaksa had granted pardons, the proposals to tighten presidential prerogative in granting pardons was a strident demand during the course of the recent Aragalaya. However, the course of action provided in the 19th amendment for the Supreme Court to review pardons by way of Fundamental Rights applications, has become a positive feature in the hands of our independent Supreme Court which has maintained checks and balances on the executive power thereby preventing a culture of injustice undermining the Rule of Law.

Some murders highlight brutality and arrogance of the accused when committing crimes. Such acts bring immense agony, pain and suffering to the victims and their loved ones. That is why a president is expected to intervene with utmost care when using his prerogative to grant a pardon. In doing so, he is obliged to consider the gravity of the offence, the role of the police in containing crime, the specific role of the AGs department and the judiciary in imparting justice and not be arbitrary, unreasonable and ignore the public interest.

In Britain, the courts have jurisdiction to review the exercise of the Royal Prerogative of the Monarch to grant a pardon “in accordance with accepted public Law principles”. In India too, the Indian Supreme Court has held that in a landmark judgement in Epuru Sudhakar and Another vs Government of Andhra Pradesh , that the Indian Supreme Court has the jurisdiction to review presidential pardons.

The request for a pardon is generally forwarded by the Prisons Department based on good behaviour, age and medical condition etc. Of the prisoner. Therefore it plays a leading role in deciding on a convict’s life in prison. Also, the prisoner himself can appeal for a pardon.

Article 34 (1) of the Constitution, while stating that the President may in the case of any offender convicted by any court (a) grant a pardon either free or subject to lawful conditions, (b) grant any respite for an indefinite period, of the execution of any sentence, (c) substitute a less severe form of punishment imposed on the offender or (d) remit the whole or any part of the punishment imposed, has incorporated a Proviso to the Article 34 which states that : ‘where the offender has been condemned to death, the President shall call for the report from the Judge who tried him and shall forward that report for AG’s advice and thereafter the President shall submit all to the Minister of Justice, who shall forward the report with his recommendations to the President.’

Presidential pardons for offenses not amounting to murder

Presidential pardons are a regular feature in cases where prisoners are convicted of minor offences. Such pardons are granted marking special events like Vesak, Christmas and Independence Day. In such cases of non-murder offences, pardons are given mainly during national festivals. According to statistics available in the Ministry of Justice, Presidents J R Jayewardene, R Premadasa, D B Wijetunga released 72 convicts during 1978 to 1994. The first President J R Jayewardene pardoned gangster Gonawela Sunil in 1983 convicted for raping a 14-year-old girl in 1982. On that occasion, The President of the BASL, A C (Bunty) de Zoysa protested strongly. Zoysa was a working Committee member of the UNP at the time but had the guts to clash with his party leader. However, his protests were ignored.

This rapist gangster is alleged to have executed a plan to massacre 53 Tamil Prisoners in 1983. ( N Jordan, Retd Deputy Prisons Chief- CDN, 16 Nov. 1999 ). President Premadasa pardoned Manori Daniels, a teacher in a government school in the Batticaloa District and a mother of two, who was convicted of aiding and abetting the LTTE bomber Gagendran who caused the death of 40 civilians in a car bomb blast in Maradana, on November 9. 1987. She was given a six year sentence in October 1989. (President Premadasa expected the LTTE to reciprocate his goodwill. But as history has recorded, LTTE never reciprocated gestures of goodwill shown by either Presidents Ranasinghe Premadasa or subsequently Mahinda Rajapaksa).

President Mahinda Rajapaksa pardoned 10 former members of the Presidential Security Division ( PSD ) who were sentenced for over four years after they were found guilty of assaulting and causing bodily harm to a famous husband wife duo because they sang at an opposition political party musical show.

Presidential pardons where death sentences are pronounced

In murder convictions, the presiding judge always files a report. This report is available to the President and to the Committee sitting on the future of such convicts. If a presidential pardon is granted to a murder convict in death row, in most instances the death sentence is reduced to life imprisonment.

“Life sentence” means 20 years. From time to time, the term gets reduced due to good behaviour, age, medical condition etc. Finally, the prisoner is sent home before the reduced term is reached but under a supervisory licence and required to be of good behaviour.

During President Chandrika Kumaratunga’s presidency, a policy was formulated and is being followed today where a committee comprising of a retired judge as chairman, an official from the AG’s and Prisons Departments, Ministry of Justice and a psychologist sit in committee to decide on the future of a prisoner on whom a death sentence is passed. The committee decisions are made on a case-by-case basis.

Abuse of presidential power

But with time, unchecked presidential power began to corrupt, resulting in abuse of power. It expanded to instances where murderers were pardoned with impunity.

In the first of such cases was President Mahinda Rajapaks pardoning in March 2009, Mary Juliet Monica Fernando (a minister’s wife) convicted of a double murder in 2005. In view of the controversies surrounding the impunity with which President Mahinda Rajapaksa used his Executive powers in general, the Yahapalanaya government enacted the 19th amendment, in which provision was made for the Supreme Court jurisdiction to review the official decisions of a President by way of a Fundamental Rights application under Article 35 (1) of the Constitution. As a result, a way to check presidential excesses was made available to the people, thereby upholding the doctrine of “Separation of Powers” in the Constitution.

Despite the enactment of the said 19th Amendment by his own government, President Sirisena granted pardons to: (1) controversial Buddhist monk and Secretary General of the militant Bodu Bala Sena in May 2019. He had been sentenced to six years for contempt of court after failing in his appeal to the Court of Appeal in August 2019. This pardon was granted a mere six months before Sirisena relinquished office.

(2) to Jude Anthony Jayamaha on November 9, 2019, a mere nine days before he relinquished office despite the Supreme Court having dismissed Jayamah’s appeal confirming the death sentence.

In the face of severe criticism, a press release from the president’s office on November 11, 2019 stated that Ven Athuraliya Rathana Thero moved in the matter in writing and made verbal representation with Ven Baddegama Samitha Thero, Ven Karandawela Punnaratana Thero, Ven Balangoda Buddhagosha Thero and Catholic Bishop Raymond Wickramasinghe. They appealed to the President to pardon Jayamaha. Many allegations were made about large sums of money being paid to various persons for the services rendered but, astonishingly no formal inquiry was made to find out the truth about these allegations made by the president’s media division, although some of those named were MPs.

Aggrieved by the presidential pardon, a F R application was filed by ‘The Women and Media Collective’ challenging the use of the president’s constitutional power to grant a pardon as he does not have the freedom to grossly violate the Rule of Law, equity and rationality and has no right to recklessly disregard the sensitivities and sensibilities of the aggrieved family from whom a young life was taken away in a gruesome murder. When the case was taken for hearing, the court was informed by the Controller of Immigration and Emigration that after Jayamaha was granted the pardon, he had travelled overseas and is not to be found. The SC ordered overseas travel ban until further consideration.

A three-member Bench delivering the judgement found President Sirisena had intentionally violated the constitution and ordered him to pay Rs 1 m each to the parents of the victim and Rs 1 m to the petitioner and directed the AG to take tangible measures to secure the custody of the Jayamaha.

Despite mud in the face of the outgoing President Sirisena, the newly elected President Gotabaya Rajapaksa, also misused his constitutional privilege. Armed with a massive 6.9m voter mandate, he gave two pardons: (1) to an Army Sergeant Sunil Ratnayake on March 26, 2020 – a mere four months after he assumed office despite a five Judge Bench of the Supreme Court affirming on April 25, 2019 the death sentence and (2) to former Parliamentarian Duminda Silva on June 24, 2021- a mere seven months after receiving a two thirds majority in Parliament.

It is heartening to observe that the Supreme Court has asserted its authority by judicially checking the presidential prerogative to grant pardons. It has already issued an interim order, nullifying the presidential pardon granted to Duminda Silva and fixed September 4 to hear the FR case challenging the pardon given to former soldier Sunil Ratnayake.

In the case of Duminda Silva, The Colombo High Court imprisoned this controversial parliamentarian for life in 2016 over the murder of MP Bharatha Lakshman Premachandra. President Gotabaya Rajapaksa appointed a highly controversial Presidential Commission to investigate incidents of political victimization which recommended the release of Duminda Silva. The President promptly granted a special pardon to Duminda Silva in June 2021. But in May 2022, the SC issued an interim order directing the CID to place Duminda Silva under prison custody and impound his passport.

One of the most obnoxious and controversial acts of President Gotabaya Rajapakse was to grant Lance Corporal Suni Ratnayake a pardon for the murder of eight Tamil civilians in December 2000. This act of the president after the war victory and at a time the country required reconciliation to rebuild the country’s economy after a 30 year war and reconcile and integrate the Tamil community was not expected of a Head of a State and was a stab in the back of reconciliation.

Fortunately, The SC has granted leave to appeal in five FR cases filed by the family members of the victims and the Centre for Policy Alternatives, challenging the former President’s decision to pardon former soldier and directed service of notices on the former president and Ratnayake to be present at the hearing in September 2024, as both were unrepresented in court.

The people should recall the facts of this heinous crime and the court verdict, to understand the gravity of the crime committed on so many innocent lives. Lance Corporal Sunil Ratnayake, with a 20 strong military unit of the Gajaba Regiment was airlifed to Mirusavil, Jaffna, on December 18, 2000. The murder of eight villagers took place just one day later on December 19, 2000.

He was sentenced to death by a High Court Trial at Bar in June 2015 after almost 15 months since the date of the crime. A five judge Bench sitting in appeal in the Supreme Court affirmed the sentence on April 25, 2019. The court held that the prosecution had established all eight counts of murder (11-18) and count of causing hurt to Maheswaran ( 19 ) and confirmed the death sentence.

Briefly the facts are as follows: When the fighting intensified in 2000 and the LTTE overran Elephant Pass in April 2000, the army retreated to Ellathumaduwal and the villagers dispersed from their village Mirusavil to close by villages due to stray shells falling nearby. But the villagers developed the habit of visiting their homes in Mirusavil to clean their houses and collect whatever produce they can and return before dusk.

On December 18, 2000, a military unit of the Gajaba Regiment was airlifted to Mirusavil. On December 19, eight villagers comprising a five-year-old toddler accompanying his father, two 13- and 15-year-old boys accompanying their fathers visited their homes on cycles, as villagers used to do.

On this fateful day at about 4 pm, when the eight villagers were getting ready to return with whatever produce they had collected, the five-year-old had pestered the father to pluck a guava fruit from a nearby tree. The father not having the heart to disappoint his son, had with the others on their cycles, gone towards the fruit tree. But they were confronted on the way by two soldiers – one with a firearm and the other with a knife. After an initial questioning, one soldier went back and returned with four other military men who together had severely assaulted all the men with blunt weapons. When witness Maheswaran (only surviving witness) regained consciousness, they blindfolded him with his sarong and threw him over a fence. His sarong was entangled on the fence and he lay injured in his underwear.

Subsequent events narrated by Maheswaran, disclosed how he escaped not knowing the fate of the others and met his father who was searching for him. His mother to whom the story was related, had complained to the political office of the EPDP. Subsequently he was admitted to the Chandigar hospital. On information and pressure, the army authorities promptly started investigating the incident.

During the search of the area by the Military Police with Maheswaran, a few soldiers accompanied by Officer Commanding the unit Sgt Ranasinghe stationed about 50 meters away from the scene of the crime, had approached the search party. Seeing them Maheswaran had spontaneously cried out pointing at two soldiers as the two who had severely beaten them up. They were Lance Corporal Ratnayake and Private Kumarasinghe.

Subsequently at a Magisterial inquiry, five persons were identified among whom were the first accused appellant Ratnayake and Kumarasinghe. On court orders, a search revealed the bodies and the bicycles of all the eight unfortunate civilians killed and buried at a spot shown by Ratnayake – the accused appellant. The relatives had identified the bodies.

They were charged for unlawful assembly and murder and causing hurt to the only eyewitness Maheswaran and deceased Raviwarnam.

The entire case was based on circumstantial evidence and lay on the credibility of the evidence of the only eye witness, Maheswaran. The court had observed that the witness was traumatized and had even refused to go with the army to identify places if not accompanied by EPDP and ICRC officials.

Medical evidence confirmed the assault to be compatible with Maheswaran’s testimony. The doctor who did the post mortem examination stated that all bodies had injuries by assault and cut injuries around the back of either side of the neck, which severed the two main arteries and were necessarily fatal. The prosecution had contended that no firearms were used in murdering, as the killers were aware of the war situation in the area and took precautions not to make a noise by firing.

The defence argued that Maheswaran’s evidence had contradictions and omissions. But both courts held that they were all minor and insignificant. The SC further observed that the witness was a Tamil with no knowledge of Sinhala. His evidence was translated into Sinhala writing and some discrepancies may have occurred.

The SC commented that in his dock statement the accused appellant had admitted that he was present in the area on this fateful day. The SC having considered the totality of all the evidence, circumstantial and otherwise, came to the conclusion that: (1) there was irresistible inference that it was appellant and his group of men that had inflicted the fatal injuries to all deceased and (2) from the nature of injuries, it was safe to conclude that the injuries were inflicted with an intention to cause death.

It is hoped that the agitation launched by civil society will succeed and ensure that the process of granting a pardon by the Head of State will be strengthened by unambiguous constitutional and legal provisions, so that such a privilege is retained but not abused for collateral reasons.



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We banned phone; we kept surveillance; teenagers noticed

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THE GREAT DIGITAL RETHINK : PART III OF V

The Teenage Battleground

Secondary school has always been a battlefield of sorts, competing loyalties, volatile friendships, the daily theatre of adolescent identity. But in the past decade it acquired a new and uniquely modern dimension: the smartphone in the pocket, the social media feed refreshing every few minutes, the group chat that never sleeps.

The numbers, when they arrived, were not subtle. PISA 2022 data, drawn from students in over 80 countries, found that around 65 percent of students reported being distracted by their own digital devices in mathematics lessons, and 59 percent said a classmate’s device had pulled their attention away. Students who reported being distracted by peers’ phones scored, on average, 15 points lower in mathematics than those who said it never happened. Fifteen points is not a rounding error. It is a meaningful, measurable, recurring gap that appears consistently across countries with very different education systems.

Governments took notice of the situation. In a pattern that will be familiar to readers of this series, a number of them reached for the most visible, most politically satisfying tool available – the ban in Finland, Sweden, Australia, and France. The UK, in a characteristically chaotic way, involving years of guidance, and pilots, eventually legalised. One by one, secondary schools across the wealthy world have begun confiscating phones at the gate, storing them in pouches, locking them up in boxes, and discovering, somewhat to their own surprise, that this works.

When the Ban Actually Works

A 2025 survey of nearly a thousand principals in New South Wales found that 87 percent reported students were less distracted after the ban was introduced, and 81 percent said learning had improved. South Australia recorded a 63 percent decline in critical incidents involving social media and a 54 percent reduction in behavioural issues. These are striking figures, and they align with what common sense would predict: if you remove the distraction, concentration improves.

What is also emerging from Australian, Finnish and Swedish schools is something less expected and more interesting: the character of break times has changed. Teachers and principals report that when phones disappear from pockets, something older reappears in their place. Students talk to each other. They play. They argue, resolve disputes, make and lose friendships in the ancient, messy, face-to-face way that adolescence has always demanded but that the smartphone had been quietly crowding out. The playground, it turns out, was not broken. It was just occupied.

Sweden’s nationwide policy, coming into effect in autumn 2026, will require schools to collect phones for the full day, not just during lessons. This is the more ambitious intervention, and the one that addresses what the Australian experience has already demonstrated: that the damage done by constant connectivity is not confined to the classroom. It happens at lunch. It happens between periods. It happens in the 10 minutes before the bell when a group of 14-year-olds are supposedly in the building but are actually, in every meaningful sense, somewhere else entirely.

87% of Australian principals said students were less distracted after the ban. The other 13% presumably hadn’t tried it yet.

But Here Is What Nobody Wants to Talk About

Here is the part that the ministers’ press releases do not mention. While the smartphone, the device the student owns, controls and carries, has been banned from the secondary classroom, the institution’s own digital apparatus has been expanding at an impressive pace throughout the same period. Learning management systems now mediate most of secondary school life in high-income countries. Assignments are distributed digitally. Work is submitted digitally. Attendance is recorded digitally. Grades are published on portals that students, parents and administrators can access in real time. The school that bans your personal phone may simultaneously be recording precisely how long you spent on each page of the online reading assignment last Tuesday.

Learning analytics, the practice of harvesting data from student interactions with digital platforms to inform teaching and school management, has moved from a niche research curiosity to a mainstream tool. PISA 2022 data show that virtually all 15-year-olds in OECD countries attend schools with some form of digital infrastructure. Behind that infrastructure sits a layer of data collection that most students and many parents are only dimly aware of: log-in times, click patterns, quiz scores, time-on-task measures, platform engagement metrics. These are assembled into dashboards, fed into algorithms, and used, with genuinely good intentions, in most cases, to identify struggling students early.

The genuinely good intentions do not resolve the underlying problem. Research on learning analytics raises serious concerns about privacy, about the opacity of algorithmic decision-making, and about what happens when a teenager is quietly flagged as ‘at risk’ by a system they never knew was watching. The irony of secondary de-digitalisation is not lost on those paying attention: we have removed the device the student controls, while expanding the systems that observe and score them.

The AI Proctor in the Room

During the pandemic, when exams moved online, a number of education authorities adopted software that monitored students through their webcams, flagging unusual eye movements, background sounds, or the presence of other people in the room as potential signs of cheating. The systems were sold as efficient, scalable and objective. They were, in practice, frequently absurd.

The software flagged students who looked away from the screen to think. It penalised students whose rooms were small, shared or noisy, disproportionately those from less privileged backgrounds. It struggled with students of colour, whose features were less well-represented in the training data. It was contested, appealed, gamed, and eventually abandoned by a significant number of institutions that had initially adopted it with enthusiasm. By 2024 and 2025, the rollback was visible. Universities and some school systems were returning, with minimal fanfare, to supervised in-person examinations, handwritten, on paper, in a room with a human invigilator, partly to solve the AI cheating problem, partly to solve the AI proctoring problem. The wheel had, somewhat dizzingly, turned full circle.

We banned the student’s phone. We kept the webcam that monitors their eye movements during exams. Progress.

The Equity Problem That Bans Cannot Solve

Beneath the headline politics of phone bans lies a more uncomfortable question about who, exactly, benefits from secondary school de-digitalisation, and who pays a cost that is rarely acknowledged. The argument for phone bans on equity grounds is real: unrestricted phone use in schools amplifies social hierarchies. The student with the latest device, the most followers, the most compelling social media presence occupies a different social universe from the student without. Removing phones during the school day levels that particular playing field.

But the equity argument runs the other way, too, once you look beyond school hours. Secondary schools in high-income systems have steadily increased their dependence on digital platforms for homework, assessment preparation and communication. If a school bans phones during the day and then sends students home to complete digitally-mediated assignments, the burden of that homework falls unequally.

There is also the growing phenomenon of what researchers are beginning to call ‘shadow digital education’: the private online tutoring platforms, AI-powered study tools and exam preparation services that affluent families use to supplement and extend what school provides. While secondary schools debate whether students should be allowed to use AI for essay drafts, some of those students’ wealthier peers are already using it, skillfully, privately and with considerable academic advantage. The phone ban, whatever its merits in the classroom, does not touch this market. It may even quietly accelerate it.

Two Worlds, Still Diverging

In Finland, Sweden and Australia, the policy conversation is about how to manage the excesses of a generation that grew up digitally saturated, how to restore concentration, how to protect wellbeing, how to ensure that institutional platforms serve learning rather than merely monitor it.

Elsewhere, across much of Southeast Asia, Sub-Saharan Africa, Latin America and parts of the Middle East, the secondary school conversation remains anchored to a different set of concerns: how to get enough devices into enough classrooms, how to train enough teachers to use them, how to ensure that the smartboard contract does not expire before the teachers learn to turn it on. Vendors are present, helpful and commercially motivated. Development banks are funding rollouts. Government ministers are visiting showrooms. The playbook being followed is the one that Finland and Sweden wrote in 2010 and are now revising.

SERIES ROADMAP:

Part I: From Ed-Tech Enthusiasm to De-Digitalisation | Part II: Phones, Pens & Early Literacy | Part III: Attention, Algorithms & Adolescents (this article) | Part IV: Universities, AI & the Handwritten Exam | Part V: A Critical Theory of Educational De-Digitalisation

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A Buddhist perspective on ageing and decay

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Buddhism is renowned for its profound insights into ageing and decay, known as jara in Pali. Through its teachings and practices, Buddhism cultivates the wisdom and mental clarity necessary to accept and prepare for the inevitability of ageing. The formula jati paccayaā jaraāmaranaṃ translates to “dependent on birth arise ageing and death,” clearly illustrating that birth inevitably leads to ageing and death, accompanied by sorrow, lamentation, pain, grief, and despair. Without birth, there would be no ageing and death. Therefore, ageing is a fundamental aspect of suffering as outlined in the Four Noble Truths.

Buddhism encourages us to confront the realities of ageing, illness, and mortality head-on. Old age is recognised as an unavoidable aspect of dukkha (suffering). Old age is fundamentally and inextricably entwined with the concept of impermanence(annicca), serving as the most visible, undeniable evidence that all conditioned things are in a state of flux and decay. Ageing, illness and death create in us an awareness not only of dukkha but also impermanence. The Buddha taught, “I teach suffering and the way out of suffering.” Here, “suffering” encompasses not only physical pain but also the profound discomfort that arises when our attempts to escape or remedy pain stemming from old age are thwarted. Instead of fearing old age, Buddhists are encouraged to embrace it, release attachments to youth, and cultivate wisdom, gratitude, and inner peace.

Ageing is a complex process shaped by both genetic and environmental factors. From a Buddhist viewpoint, we should perceive the body realistically. Fundamentally, the human body can be seen as a vessel of impurities, subject to old age, disease, decay, and death. The natural process of ageing is gradual, irreversible, and inevitable. Every individual must ultimately come to terms with the reality of growing old, as change is an essential fact of life.

In Buddhism, impermanence (anicca) holds a central position. Everything that exists is unstable and transient; nothing endures forever—including our bodies and all conditioned phenomena. Thus, anicca, dukkha, and anattaā (non-self or selflessness) are the three characteristics common to all conditioned existence. The reality of impermanence can often evoke pain, yet a wise Buddhist fully understands and appreciates this simple yet profound truth.

The Greek philosopher Heraclitus encapsulated this notion when he stated, “No man ever steps in the same river twice, for it is not the same river, and he is not the same man.” Old age was one of the four sights that prompted Prince Siddhartha Gautama to seek enlightenment, alongside sickness, death, and the wandering ascetic. Coming to terms with these aspects of existence was pivotal in his transformation into the Buddha.

At Sāvatthi, King Pasenadi of Kosala once asked the Buddha, “Venerable sir, is there anyone who is born who is free from old age and death?” The Buddha replied, “Great King, no one who is born is free from ageing and death. Even those affluent khattiyas—rich in wealth and property, with abundant gold and silver—are not exempt from ageing and death simply because they have been born.” This interaction underscores the universal challenge of ageing, transcending societal divisions of wealth or status.

Ageing presents one of the greatest challenges in human experience. Physically, the body begins to deteriorate; socially, we may find ourselves marginalised or discounted, sometimes subtly and sometimes explicitly. Some may encounter dismissal or condescension. Ageism remains one of the most persistent forms of discrimination. The physical and social difficulties associated with ageism can undermine our self-image and sense of self-worth. Common perceptions often portray old age as a stage where the best years are behind us, reducing the remaining years to a form of “bonus years” frequently presented in sentimental or patronising ways.

The suffering associated with ageing can serve as a powerful motivation to engage in practices that directly address this suffering, allowing us to gradually transform it or, at the very least, make it more bearable and manageable. We must recognise that this principle applies equally to our own bodies. The human body undergoes countless subtle changes every moment from the time you are born, never remaining the same even for two consecutive moments, as it is subject to the universal law of impermanence.

Whatever your age. However young-looking you try to remain through external means, the truth is that you are getting older every minute. Every minute, every second, our lives are getting shorter and closer to death. Since you were conceived in your mother’s womb, your life is getting shorter. We see external things going by rapidly, but never reflect on our own lives. No matter what we do, we cannot fully control what happens in our lives or to our bodies. With time, we all develop lines and wrinkles. We become frail, and our skin becomes thinner and drier. We lose teeth. Our physical strength and sometimes our mental faculties decline. In old age, we are subject to multiple diseases.

Many people live under the illusion that the body remains constant and is inherently attractive and desirable. Modern society, in particular, has become increasingly obsessed with the quest for eternal youth and the reversal of the ageing process. Many women feel inadequate about their physical appearance and constantly think about how to look younger and more attractive. Enormous sums of money are spent on cosmetic procedures, skincare, and grooming products to remain presentable and desirable. The global beauty and cosmetics industries thrive on this ideal, often promoting unrealistic standards of beauty and youthfulness. But no amount of products available in the world can truly restore lost youth, as time inevitably leaves its mark.

Therefore, in Buddhism, mindful reflection on ageing and the human body is considered essential for overall well-being. This contemplation provides insight into impermanence as we navigate life. Reflecting on the nature of the body—its true condition and its delicate, changing state—is a fundamental aspect of the Buddha’s teachings. By understanding the body accurately, we support both wisdom and peace of mind.

Buddhism recognises forty subjects of meditation which can differ according to the temperaments of persons. Contemplation of the human body is one of them. Of all the subjects of meditation, reflection on the human body as a subject is not popular among certain people particularly in the western world as they think such contemplation would lead to a melancholic morbid and pessimistic outlook on life. They regard it as a subject that may be somewhat unpleasant and not conducive to human wellbeing. Normally, people who are infatuated and intoxicated with sensual pleasures develop an aversion towards this subject of meditation. In Buddhism this mode of contemplation is called asuba bhavana or mindfulness of the impurities of the body. It is all about our physiology and individual body parts and organs internal as well as external. This subject of meditation is unique to the Buddhist teachings.

To appreciate the body as it truly is, we must set aside preconceived notions and engage in a calm and honest inquiry: Is this body genuinely attractive or not? What is it composed of? Is it lasting or subject to decay?

In embracing the teachings of Buddhism, we find the wisdom to navigate the journey of ageing with grace, transforming our understanding of this natural process into an opportunity for growth and acceptance.

When our fears centre on ageing, decay, and disease, we cannot overcome them by pretending they do not exist. True relief comes only from facing these realities directly.

Reflecting on the body’s unattractive and impermanent nature can help us gain a realistic perspective. In an age when the mass media constantly bombards people with sensual images, stimulating lust, greed, and attachment, contemplation of the body’s true nature can bring calm and clarity.

All beings that are born must eventually die. Every creature on earth, regardless of status, shares this common fate. After death, the body undergoes a series of biological changes and decomposes, returning to the earth as organic matter. It is part of the earth and ultimately dissolves back into it.

Understanding this, we can meet ageing, decay, and death with greater wisdom, less fear, and a deeper sense of peace.

by Dr. Justice Chandradasa Nanayakkara

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Partnering India without dependence

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President Dissanayake with Indian PM Modi

Indian Prime Minister Narendra Modi once again signaled the priority India places on Sri Lanka by swiftly dispatching a shipload of petrol following a telephone conversation with President Anura Kumara Dissanayake. The Indian Prime Minister’s gesture came at a cost to India, where there have been periodic supply constraints and regional imbalances in fuel distribution, even if not a countrywide shortage. Under Prime Minister Modi, India has demonstrated to Sri Lanka an abundance of goodwill, whether it be the USD 4 billion it extended in assistance to Sri Lanka when it faced international bankruptcy in 2022 or its support in the aftermath of the Ditwah cyclone disaster that affected large parts of the country four months ago. India’s assistance in 2022 was widely acknowledged as critical in stabilising Sri Lanka at a moment of acute crisis.

This record of assistance suggests that India sees Sri Lanka not merely as a neighbour but as a partner whose stability is in its own interest. In contrast to Sri Lanka’s roughly USD 90 billion economy, India’s USD 4,500 billion economy, growing at over 6 percent, underlines the vast asymmetry in economic scale and the importance of Sri Lanka engaging India. A study by the Germany-based Kiel Institute for the World Economy identifies Sri Lanka as the second most vulnerable country in the world to severe food price surges due to its heavy reliance on imported energy and fertilisers. Income per capita remains around the 2018 level after the economic collapse of 2022. The poverty level has risen sharply and includes a quarter of the population. These indicators underline the urgency of sustained economic recovery and the importance of external partnerships, including with India.

It is, however, important for Sri Lanka not to abdicate its own responsibilities for improving the lives of its people or become dependent and take this Indian assistance for granted. A long unresolved issue that Sri Lanka has been content to leave the burden to India concerns the approximately 90,000 Sri Lankan refugees who continue to live in India, many of them for over three decades. Only recently has a government leader, Minister Bimal Rathnayake, publicly acknowledged their existence and called on them to return. This is a reminder that even as Sri Lanka receives support, it must also take ownership of its own unfinished responsibilities.

Missing Investment

A missing factor in Sri Lanka’s economic development has long been the paucity of foreign investment. In the past this was due to political instability caused by internal conflict, weaknesses in the rule of law, and high levels of corruption. There are now significant improvements in this regard. There is now a window to attract investment from development partners, including India. In his discussions with President Dissanayake, Prime Minister Modi is reported to have referred to the British era oil storage tanks in Trincomalee. These were originally constructed to service the British naval fleet in the Indian Ocean. In 1987, under the Indo Lanka Peace Accord, Sri Lanka agreed to develop these tanks in partnership with India. A further agreement was signed in 2022 involving the Ceylon Petroleum Corporation and the Lanka Indian Oil Corporation to jointly develop the facility.

However, progress has been slow and the project remains only partially implemented. The value of these oil storage tanks has become clearer in the context of global energy uncertainty and tensions in the Middle East. Energy analysts have pointed out that strategic storage facilities can provide countries with greater resilience in times of supply disruption. The Trincomalee tanks could become a significant strategic asset not only for Sri Lanka but also for regional energy security. However, historical baggage continues to stand in the way of Sri Lanka’s deeper economic linkage with India. Both ancient and modern history shape perceptions on both sides.

The asymmetry in size and power between the two countries is a persistent concern within Sri Lanka. India is a regional power, while Sri Lanka is a small country. This imbalance creates both opportunities for partnership and anxieties about overdependence. The present government too has entered into economic and infrastructure agreements with India, but many of these have yet to move beyond initial stages. This has caused frustration to the Indian government, which sees its efforts to support Sri Lanka’s development as not being sufficiently appreciated or effectively utilised. From India’s perspective, delays and hesitation can appear as a lack of commitment. From Sri Lanka’s perspective, caution is often driven by domestic political sensitivities and concerns about sovereignty.

Power Imbalance

At the same time, global developments offer a cautionary lesson. The behaviour of major powers in the contemporary international system shows that states often act in their own interests, sometimes at the expense of smaller partners. What is being seen in the world today is that past friendships and commitments can be abandoned if a bigger and more powerful country can see an opportunity for itself. The plight of Denmark (Greenland) and Canada (51st state) give disturbing messages. Analysts in the field of International Relations frequently point out that power asymmetries shape outcomes in bilateral relations. As one widely cited observation by Lord Parlmeston, a 19th century prime minister of Great Britain is that “nations have no permanent friends or allies, they only have permanent interests.” While this may be an overly stark formulation, it captures an underlying reality that small states must navigate carefully.

For Sri Lanka, this means maintaining a balance. It needs to clearly acknowledge the partnership that India is offering in the area of economic development, as well as in education, connectivity, and technological advancement. India has extended scholarships, supported digital infrastructure, and promoted cross border links that can contribute to Sri Lanka’s long term growth. These are tangible benefits that should not be undervalued. At the same time, Sri Lanka needs to ensure that it does not become overly dependent on Indian largesse or drift into a position where it functions as an appendage of its much larger neighbour. Economic dependence can translate into political vulnerability if not carefully managed. The appropriate response is not to distance itself from India, but to broaden its partnerships. Engaging with a diverse range of countries and institutions can provide Sri Lanka with greater autonomy and resilience.

A hard headed assessment would recognise that India’s support is both genuine and interest driven. India has a clear stake in ensuring that Sri Lanka remains stable, prosperous, and aligned with its broader regional outlook. Sri Lanka needs to move forward with agreed projects such as the Trincomalee oil tanks, improve implementation capacity, and demonstrate reliability as a partner. This does not preclude it from actively seeking investment and cooperation from other partners in Asia and beyond. The path ahead is therefore one of balanced engagement. Sri Lanka can and should welcome India’s partnership while strengthening its own institutions, fulfilling its domestic responsibilities, and diversifying its external relations. This approach can transform a relationship shaped by asymmetry into one defined by mutual benefit and confidence.

by Jehan Perera

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