Opinion
Proposed Penal Code amendment and threat of promotion of sexual abuse of children – VII
by Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development
(Part VI of this article appeared in The Island of 19 June 2023)
The Bill proposes to repeal these two Sections. If these two sections in the Penal Code are repealed, then anal sex and homosexual conduct (of male or female) in public or private will no longer be an offence. According to the submissions of the Additional Solicitor General, the repeal of the two provisions will not result in any lacuna in the law, placing the children in a vulnerable situation without any protection against sexual abuse, as the remaining provisions – S. 365B and S. 345 – of the Penal Code will provide adequate protection to the children against sexual abuse.
Let us examine S. 365B and S. 345 – of the Penal Code and see whether they can provide adequate protection to the children against sexual abuse, as submitted by the learned ASG.
S. 365B – Grave sexual abuse:
S. 365B (1) Grave sexual abuse is committed by any person who, for sexual gratification, does any act, by the use of his genitals or any other part of the human body or any instrument on any orifice or part of the body of any other person, being an act which does not amount to rape under S. 363, in circumstances falling under any of the following descriptions, that is to say: – (a) without the consent of the other person;
(aa) with or without the consent of the other person when the other person is under sixteen years of age;
(b) with the consent of the other person while such other person was in lawful or unlawful detention or where that consent has been obtained by use of force, or intimidation or threat of detention or by putting such other person in fear of death or hurt;
(c) with the consent of the other person where such consent has been obtained at a time the other person was of unsound mind or was in a state of intoxication induced by alcohol or drugs.
(2) Whoever –
(a) commits grave sexual abuse shall be punished with rigorous imprisonment for a term not less than seven years and not exceeding twenty years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person;
(b) commits grave sexual abuse on any person under 18 years of age (on a person between 16 to 18 years – only if committed without consent) shall be punished with rigorous imprisonment for a term not less than ten years and not exceeding twenty years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.
Grave sexual abuse dealt with by S. 365B is an act committed by any person, for sexual gratification, using his genitals or any other part of the human body or any instrument on any orifice or part of the body of any other person, being an act which does not amount to rape under S. 363 of the Penal Code.
· Unlike in the case of carnal intercourse against the order of nature and gross indecency, in grave sexual abuse the act itself is not an offence. It becomes an offence only where it is committed (a) with or without consent on a person under 16 years of age; or (b) without consent of the person; or (c) with the consent of the person obtained while such other person was (i) in lawful or unlawful detention or (ii) by use of force, or intimidation or threat of detention or by putting such other person in fear of death or hurt; (iii) with the consent obtained at a time the other person was of unsound mind or was in a state of intoxication induced by alcohol or drugs.
· It is true that, as submitted by the ASG, with regard to any sexual conduct constituting grave sexual abuse, the consent of the child is immaterial where the offence is committed in respect of a child below the age of 16.
· But what about the children in the age group of 16 – 18 years? Are they not children? Are they not entitled to protection by the law against sexual abuse?
· Any person can commit any of the sexual acts mentioned in S. 365B with the consent of any child over 16 years of age.
· S. 365B will not provide any protection to such children and they will be left without any protection and open to abuse.
· Will they get any protection from S. 345 as submitted by the learned ASG. Let us see.
S. 345 – Sexual harassment
S. 345 – Whoever by assault or use of criminal force, sexually harasses another person or by the use of words or actions, causes sexual annoyance or harassment to such other person commits the offence of sexual harassment and shall on conviction be punished with imprisonment of either description for a term which may extend to five years or with fine or both, and may also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.
Explanation: 1. Unwelcome sexual advances by words or action used by a person in authority in a working place or any other place shall constitute the offence sexual harassment.
2. For the purpose of this section an assault may include any act that does not amount to rape under S. 363.
· From the words used in the Section like assault or use of criminal force, sexual annoyance or harassment, unwelcome sexual advances for describing the offence, it is crystal clear that S. 345 is not intended to deal with cases of consensual sexual conduct.
· From the explanation given it clearly appears that it is intended to deal with a different type of offence;
· Even where an offender is convicted the Court has the discretion to release the offender with only a fine imposed, without any jail sentence imposed.
· From the lenient penalty laid down in the Section it clearly appears that it cannot protect children from being subject to grave crimes like anal sex.
· Children will not get any protection from S. 345 against gross acts of sexual abuse as submitted by the learned ASG.
** While making submissions before the Court, the learned ASG had stated: ‘‘Even if S. 365A is deleted in its entirety, behaving indecently in public can still be addressed under S. 7(1)(b) of the Vagrants Ordinance as well as S. 261 of the Penal Code, without criminalising a person’s sexuality.’’
*** On an analysis of S. 7(1)(b) of the Vagrants Ordinance and S. 261 of the Penal Code, it appears that the submission of the learned ASG is far from the truth.
Vagrants Ord. S. 7(1)(b):
‘any person found committing any act of gross indecency or found behaving with gross indecency, in or about any public place – shall be guilty of an offence and shall be liable on summary conviction to imprisonment of either description for a period not exceeding six months, or to a fine not exceeding one hundred rupees, or to both.
S. 261 of the Penal Code:
A person is guilty of a public nuisance who does any act or is guilty of an illegal omission, which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.
· After S. 365A is repealed, gross indecency will no longer be an offence. There is no definition of gross indecency in any penal law. At present the Police can act under S. 7(1)(b) of the Vagrants Ordinance, arrest and prosecute a person committing any act of gross indecency in any public place because gross indecency is an offence punishable under S. 365A of the Penal Code. After S. 365A is repealed, when gross indecency is no longer an offence, how can the Police arrest and prosecute a person under S. 7(1)(b) of the Vagrants Ordinance?
· The Police may end up as respondents in Fundamental Rights Applications for committing an illegal arrest.
· Vagrants Ordinance is not a law enacted to deal with this type of issues; Vagrants Ordinance was enacted in 1841, to deal with problems created by labourers brought from South India to work temporarily in upcountry plantations, who had run away and taken shelter in various places to escape from being sent back to India after their period of work was over. This Ordinance has been amended 11 times before the Independence in 1948.
· It is an Ordinance enacted to deal with following categories of persons: (a) persons behaving riotously or disorderly in public streets; (b) persons who are deemed idle and disorderly persons; (c) persons who are deemed to be rogues and vagabonds; and (d) persons who are deemed to be incorrigible rogues.
· Having no income whatsoever, women belonging to these categories were soliciting men and engaging in prostitution to earn their living. S. 7 of the Vagrants Ordinance is intended to deal with them:
S. 7(1)(a) – any person in or about any public place soliciting any person for the purpose of the commission of any act of illicit sexual intercourse or indecency, whether with the person soliciting or with any other person, whether specified or not;
(b) any person found committing any act of gross indecency or found behaving with gross indecency, in or about any public place.
·Often these acts were committed in public toilets or other places close to bus stands or railway stations or road sides; this term ‘gross indecency’ is used here to cover all types of sexual acts – vaginal sex, anal sex, oral sex, or any other sexual act.
· Generally, it is under S. 7(1) of the Vagrants Ordinance the Police act for arresting street prostitutes and other women loitering at the bus stands and railway stations at night soliciting men for sexual activities and producing them in Courts.
** S. 261 of the Penal Code appears to be equally inapplicable to cover this situation. Only an act which causes any common injury, danger or annoyance to the public or to the people in general dwelling in the vicinity or an act which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right amounts to a public nuisance under this Section.
· Display of a person’s sexual orientation will not necessarily cause injury, obstruction, danger or annoyance to the public.
· If any person engages in sexual intercourse, anal sex, oral sex or any other sexual act or displaying their sexual organs openly in a public place that may necessarily lead to public annoyance.
· No person in his or her senses will engage in sexual intercourse, anal sex, oral sex or any other sexual act or display their sexual organs openly in a public place.
(To be concluded)
Opinion
Beware of Yanks bearing gifts
The US Government has gifted 10 Bell 206, Sea Ranger Helicopters to the SLAF for Training and Humanitarian Assistance and Disaster Relief (HADR) purposes. The full specifications are as follows.
Contractor:
Bell Helicopter Textron
Date Deployed: First flight: 1961; Operational: 1968
Propulsion: One Allison 250-C20BJ turbofan engine
Length: Fuselage – 31 feet (9.44 meters); Rotors turning – 39 feet (11.9 meters)
Height: 10 feet (3.04 meters)
Rotor Diameter: 35 feet 4 inches (10.78 meters)
Weight: 1595 pounds (725kg) empty, 3200 pounds (1455 kg) maximum take-off
Airspeed: 138 miles (222 km) per hour maximum; 117 miles (188 km) per hour cruising
Ceiling: 18,900 feet (5,761 meters)
Range: 368 nautical miles (420 statute miles, 676 km)
Crew: One pilot, four students
While they are good for training, I have my serious doubts whether these helicopters are ideal for HADR. As they have only a single engine and They can’t even operate into high rise helipads in hospitals and hotels in Colombo. The law requires twin engine helicopters! What happens if there is an engine failure while operating over the sea or in a mountainous area? There will be hell to pay!
Three twin engine versions would have been better.
How many helicopter pilots does the SLAF require anyway?
Will we be stuck with junk? Like two Russian KA -26’s during the Sirimavo Government and French Aerospatiale Dauphins SLAF acquired. which were not ‘tropicalised’, during the JRJ Government.
Will the Sea Ranger Spares support be available, free of charge?
I doubt it.
There will also be other Geopolitical strings attached. There is no such thing as a free lunch.
Guwan Seeya
Opinion
Will AI kill solar and wind energy?
Global warming policies were expected to drive a rapid shift toward a renewables-based energy system dominated by wind and solar. While growth in these sources did occur, it has not matched the pace that was widely anticipated. In the United States, the rise of cheap and abundant shale natural gas significantly reshaped the energy mix, displacing coal and limiting the relative share of wind and solar in electricity generation. In China and India, the situation has been different.
Coal remains dominant because it is widely available domestically, while natural gas is more limited or expensive to secure at scale. As a result, coal has retained its central role in both countries’ power systems. Solar and wind always provide intermittent, variable power. It was widely assumed that a cost-effective, utility-scale electricity storage solution would emerge to solve this problem, but that has not yet happened at the scale originally expected. In the pre-AI era, solar and wind were typically integrated into power systems alongside more reliable sources such as coal, natural gas, and nuclear energy.
For example, if the sun was shining on a Monday, electricity demand could be met largely by solar power during the day. At night, coal, natural gas, or nuclear plants would supply the required electricity. If the following Tuesday was cloudy or gloomy, generation would shift back toward coal, gas, or nuclear to maintain supply. AI introduces a new and more demanding challenge. AI data centers require continuous, high-quality, always-on electricity, which solar and wind alone struggle to guarantee without large-scale storage or back-up systems. In addition, they require very large amounts of power.
As a result, the AI industry is now actively searching for new and expanded sources of reliable electricity. One of the major challenges in powering AI systems is electricity transmission. High-voltage transmission lines are expensive, slow to build, and often face regulatory and land-use constraints. As a result, some companies are exploring more localized power solutions, sometimes referred to as microgrids. These are self-contained energy systems that can operate independently from the main electricity grid. Technologies such as small modular nuclear reactors are an example of such microgrids.
In such isolated systems, the focus is on highly reliable, always available power generated close to the point of use. In this context, solar and wind are expected to play a limited role because their output is variable and depends on weather conditions, making them less suited as primary sources in fully self-contained AI-focused microgrids. The pace of AI infrastructure development is extremely rapid in both the United States and China. AI systems are widely seen as transformative technologies that promise significant new wealth creation, which is driving aggressive and sustained investment. As a result, development is moving quickly, without waiting for long-term solutions such as large-scale energy storage to mature alongside renewable energy systems.
In this environment, electricity demand is rising faster than new infrastructure can be built. In the United States, this reinforces the role of natural gas as the dominant source of reliable power. In China and India, where coal remains more established and readily available, it is likely to continue playing a central role in meeting growing demand. In India, AI data centers have not yet been built at the scale seen in the United States and China. When India does reach that stage, it will need to supply large amounts of reliable electricity. India has placed strong emphasis on solar energy in particular and has had some success in meeting the needs of ordinary consumers through renewable expansion. However, the key question is what choices will be made when large-scale AI data centers begin to arrive.
Will India rely more on coal generation, which is relatively cheap, widely available, and highly reliable, or on solar power, which is intermittent, variable, and often more expensive when reliability is taken into account? My view is that India is more likely to turn to coal to meet this demand, given its existing infrastructure and the need for dependable electricity supply. Then there is an overall question. Solar and wind were already struggling in the pre-AI days to displace coal and natural gas at the system level, despite strong expectations that they would become dominant sources of electricity. Now that AI is here and electricity demand is rising rapidly, will they push solar and wind further behind in the energy mix? (The Statesman)
(The writer is an expert on energy and contributes regularly to publications in India and overseas.)
by SUNIL SHARAN
Opinion
An Adulation to a Titan of Humanity
Celebrating the Life and Legacy of Dr Naomal P. S. Gunaratna 10 January 1931 – 07 May 2026
When a colossus of human virtue departs this earthly theatre, the silence left in its wake is not merely the absence of sound, but a profound, resonant reverberation that echoes through the very corridors of our souls. On that most distressing 07 of May, 2026, the mortal final curtain fell upon the magnificent, multi-faceted tapestry of a life lived to its exquisite pinnacle. Dr Naomal P. S. Gunaratna, having completed a glorious earthly sojourn of ninety-five years, surrendered his gentle spirit to the infinite, leaving behind a world demonstrably poorer for his departure.
To speak of him is to speak of an absolute gem of humanity, a mortal who walked among us with the quiet majesty of a king, the tender heart of a saint, and the flawless grace of a true nobleman. He was a Consultant Paediatrician of peerless distinction. Yet for all that, well above and beyond the glittering accolades of his noble vocation, he was, in the truest and most sublime sense of the phrase, a human being par excellence.
In attempting to encapsulate the vast depth of Naomal’s character, even the richness of the English language feels frustratingly inadequate, compelling one to search for words forged in the fires of profoundest reverence. He was a grandee possessed of sterling qualities so rare in this modern transactional era that his presence felt like an exquisite anachronism; a beautiful remainder of an age when honour was a man’s sanctuary, and integrity was his unwavering Northern Star. His uniqueness did not stem from an assertive, ostentatious display of superiority. It blossomed from the quiet, luminous radiance of an authentic soul. To have been counted among his close friends is a privilege of such monumental proportions that it stands as one of the most radiant blessings of my own life. Our bond was not woven from the fragile threads of casual acquaintance, but forged in the durable crucible of mutual respect, shared ideals, and a deep, unspoken understanding of the beauty inherent in lives dedicated to the service of others.
In an age where the ethical landscape is all too often obscured by the shifting mists of compromise and moral ambivalence, Naomal stood like an unyielding granite cliff against the turbulent seas of opportunism. His rectitude was absolute, non-negotiable, and entirely independent of an audience. He did what was right, not for the fleeting warmth of public adulation, but because his internal moral compass was tuned to an otherworldly frequency. His word was a sacred covenant, an unbreakable bond that required no legal seal or written witness. In his professional life as a Consultant Paediatrician, this supreme integrity manifested as an unswerving commitment to the highest principles of Hippocratic devotion. He was a healer who could neither be bought nor swayed by the seductive allure of material gain or institutional politics. He wielded his stethoscope not as an instrument of commerce, but as a sacred conduit of compassion, bridging the divide between clinical expertise and the tender vulnerabilities of human suffering.
How can one adequately depict the soft, enveloping warmth of a heart that beats in perpetual symphony with the distress of others? Naomal’s benevolence was not a performative gesture, nor was it a duty executed with cold, clinical precision. It was an effusive, spontaneous overflow of pure, unadulterated love. It was a kindness that possessed its own unique atmosphere, a soothing gentleness that disarmed fear and banished despair. When he entered a room, the emotional temperature invariably rose, thawed by the genuine, sparkling warmth of his magnificent smile. His eyes, windows to a soul completely devoid of malice, mirrored a profound empathy that could diagnose a broken spirit as swiftly as a physical ailment.
He was brought up in his early days at De Mazenod College in Kandana, St Peter’s College Colombo, Royal College Colombo, and during the period of World War II, in Glendale College, Bandarawela. In a glittering career that followed specialisation in paediatrics, he has worked in the Government Hospital in Gampaha and Kuliyapitiya, the Department of Paediatrics of the University of Peradeniya, North Colombo Medical College in Ragama and then at the Department of Paediatrics of the University of Kelaniya. To the thousands of children who passed through his healing hands across the decades, he was not merely a doctor in a sterile white coat; he was a grand, benevolent guardian angel, a comforting presence whose very touch possessed an alchemy that turned terror into tranquillity and tears into triumphant laughter. To scores of his students, he was a father figure, a mentor and a brilliant teacher. In the years gone by, he was the President of the Sri Lanka Paediatric Association, which is now the Sri Lanka College of Paediatricians, President of the Vaccines and Infectious Diseases Forum of Sri Lanka and a much-valued Council Member of the Independent Medical Practitioners Association (IMPA). The unblemished finesse that he exhibited in these positions is indeed an abiding lesson to all and sundry.
As a Consultant Paediatrician, Naomal’s brilliance was legendary, a beacon of excellence that illuminated the medical fraternity. Yet, his profound intellect was beautifully balanced by an equal measure of humility. He possessed the rare ability to untangle the most knotty, complex medical conundrums with a swift, intuitive diagnostic precision, all while maintaining a bedside manner that was as gentle as a summer breeze. He understood, with a depth that bypassed mere textbook knowledge, that a sick child is a fragile ecosystem, intertwined with the agonising anxieties of distraught parents. Consequently, his consultations were masterclasses in holistic healing. He did not merely treat a disease; he cradled a family. He would spend hours patiently explaining clinical intricacies to frightened mothers, his voice a calm, reassuring anchor in the midst of their emotional storms. He treated the children of royalty and the children of peasants, with the same meticulous care, the same overflowing affection, and the same absolute dedication, recognising the identical, priceless spark of divinity within each innocent soul.
A personal anecdote goes to show the most admirable and true spirit of the man. I did not know Naomal from Adam till 1990. In January of 1990, following my tenure of office in General Hospital Badulla, General Hospital Ratnapura and General Hospital Kurunegala, I was posted as the Consultant Paediatrician to Kalubowila Hospital by the Ministry of Health. Both Naomal and I did our Private Consultations at Asiri Medical Hospital. We worked on the same floor and became really close friends. He had loads of patients, while I had extremely few, as I was totally unknown. Most of the time, I was seated in my Consulting Room, twiddling my thumbs and waiting for some tangible work with children.
Then one day, Naomal came to my room and said that he needed to go abroad for an extended period of about six to eight months and asked me whether I could look after his patients. I was very happy to do it as at that time, as it was like ‘manna from heaven’ for me. So, it went on, I looked after his little patients, and I was financially the richer for it.
Then, when Naomal came back after all those months, I told all his patients that I was only covering up his work and that they should go back to him. However, some of them wanted to stay with me. I told them that the only way in which I would continue to look after their children was for them to get a note to that effect from Dr Naomal Gunaratna. I was quite sure that it would not come to pass that way. They went to him and told him what I said, and Naomal, most nonchalantly, graciously and with the greatest pleasure, issued a little note to each of them in which he had written “My dear BJC, please be kind enough to take over the care of this child“. Need I say more? What a man? What a fantastic person who showed by his quiet deeds that his values transcended petty considerations and monetary reflections?
The longevity of ninety-five years is a milestone granted only to a few. For Naomal, these nine decades plus were not merely a passive accumulation of days but a grand, purposeful march through time. He aged with an unparalleled, majestic dignity, his wisdom deepening like a fine vintage, while his youthful enthusiasm for life remained entirely unextinguished by the passing years. Even as his physical frame grew frail under the inevitable weight of time, his mind remained a brilliant, caerulean laboratory of thought, and his spirit retained its effervescent, childlike joy. He never allowed the cynicism of an evolving world to pollute the pristine waters of his optimism. To sit with him in his twilight years was to drink from a fountain of pure, unvarnished wisdom. He looked back upon his long journey not with the wistful regrets of a man mourning, but with the serene, tranquil satisfaction of an accomplished master craftsman who looks upon a masterpiece and knows he has given it his all, in the finest sense of the phrase.
We must also celebrate the quiet, understated grandeur of his private universe. Naomal was a man of exquisite tastes, an intellectual who found solace in the harmony of great literature, the majesty of classical arts, and the quiet contemplation of nature’s wonders. Yet, his greatest joy was found in the warmth of human connections. He was a loyal, fiercely protective friend, a steadfast pillar of strength upon whom one could lean with absolute confidence, even during life’s most turbulent seasons. In an era dominated by superficial relationships and digital illusions, his friendship was a solid, tangible sanctuary. His conversations were never trivial; they were rich and multi-layered tapestries woven with historical anecdotes, medical philosophies, gentle humour, and profound spiritual insights. To converse with him was to be elevated, and to be challenged to think more deeply, love more expansively, and live more honourably.
On that day of his departure from this mortal world, the world lost an exceptional treasure. The medical profession lost one of its most venerable elder statesmen, humanity lost an exemplary ambassador, and I lost a cherished brother of the heart. The grief we feel is heavy, a dark and suffocating shroud that threatens to overwhelm us. Yet, as we stand in the shadow of this monumental loss, we must not weep as those who have no hope. Naomal’s demise is not an absolute end but a glorious transition. It is the triumphant homecoming of a soul that has magnificently fulfilled its earthly mandate. The physical vessel which carried his inner being may return to the dust from which it came, but the essence of who he was, the kindness he disseminated, the lives he saved, the love he kindled, and the pristine integrity he modelled remain forever immortalised in the fabric of our realities.
He has crossed the ultimate horizon, entering that everlasting realm where pain is obsolete, and peace reigns eternal. We can almost see him now, walking through fields of everlasting light, his countenance radiant, his step light and free, greeted by a chorus of godly beings and even the grateful souls of the children he mended but who preceded him into eternity. The man has fought the good fight, he has finished the race, he has kept the faith with absolute, unyielding fidelity. His life was a beautiful, symphonic ensemble dedicated to the upliftment of humans, and its final stanza, though hushed in death, is an abiding opus which leaves an eternal melody playing in our hearts.
Farewell, my dearly beloved friend; goodbye, Dr Naomal P. S. Gunaratna. You were an absolute gem of a person, a human being par excellence, and a star that burned with a brilliant, comforting light in our earthly sky. Though you have gone away from our sight, your luminescence will continue to guide our steps through the gathering shadows until that glorious dawn when we shall meet again on the farther shore.
May your most beautiful, noble soul rest in eternal, serene, and uninterrupted peace. May you attain eternal bliss!
I conclude with the immortal words, as depicted by the great bard William Shakespeare in Julius Caesar (Act V, Scene 5) “His life was gentle, and the elements so mixed in him that nature might stand up and say to all the world, This was a man.”
By Dr B. J. C. Perera
Specialist Consultant Paediatrician
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