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Proposed Penal Code amendment and threat of promotion of sexual abuse of children – VIII

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by Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development
(Part VII of this article appeared in The Island of 20 June 2023)

Although there is no public annoyance, under S. 63 (j) of the Police Ordinance any Police officer has the power to arrest without a warrant ‘any person who wilfully and indecently exposes his person or any offensive deformity or disease’ in any street or road, thoroughfare or passage within the limits of any town, if the offence was committed within his view.

However, if S. 365 and S. 365A are repealed as proposed in the Bill, there will be no legal bar whatsoever for any groups to display their sexual orientation in public without directly engaging in a sexual act.

S. 365A of the Penal Code dealt not only with persons committing acts of gross indecency, but also with any person who procures or attempts to precure the commission by any person, of an act of gross indecency with another person. With the repeal of S. 365A, procuration of a child above 16 years of age to another person for commission of an act of carnal intercourse against the order nature or gross indecency or grave sexual abuse will no longer be an offence.

Tourism can be promoted with children, both male and female, above the age of 16 years procured for engaging in sexual acts with foreign tourists, without any fear of being prosecuted.

LGBT persons will be able to openly display their sexual orientation by engaging in acts preliminary to having carnal intercourse. For instance, two men or two women can publicly embrace each other intimately, touching their bodies and kissing each other. It may not cause any public annoyance, according to the proposed law. Other than the LGBT groups, there may be others who are dreaming of western moral values on Sri Lankan society appreciating.

Though there is no legal bar, it will certainly have a pernicious influence on children on the younger generation causing, an irreparable harm.

Inevitable Consequences of the Passage of the Bill – Promotion of Sexual Abuse of Children and Youth

Let us see what will be the plight of children and youth of this country if this Bill is passed by Parliament:

When S. 365 of the Penal Code dealing with the offence of carnal intercourse against the order of nature (anal sex and oral sex) with any man or woman and S. 365A dealing with the offence of gross indecency (acts of same-sex of men and women both) are repealed, making these sexual activities no longer offences punishable under the law, it will result in the removal of protection afforded to children by these two Sections against sexual abuse in respect of these offences.

The ASG had submitted to Court that no lacuna in law will be caused by the amendments proposed in the Bill, as S. 365B of the Penal Code dealing with the offence of grave sexual abuse will provide adequate protection to the children against sexual abuse.

On an analysis of S. 365B, it clearly shows that S. 365B will not provide any protection to children in the most vulnerable age group against sexual abuse.

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.

This section provides protection against sexual abuse only to children under 16 years of age. What is the protection available for children in the age group of 16 – 18? Any person can commit any of the sexual acts mentioned in S. 365B – anal sex, oral sex, fingering, homosexual acts – with any child over 16 years of age with the consent of the child.

Under the Convention of the Rights of the Child (CRC) ratified by Sri Lanka in 1991, every person under 18 years of age is a child entitled to all the rights guaranteed by the Convention including the right to protection from sexual abuse. The Penal Code (Amendment) Act No. 22 of 1995 and the Penal Code (Amendment) Act No. 16 of 2006 provide protection to all children under 18 years of age against abuse sexual or otherwise in respect of most of the offences dealt with by them: – S. 286A – Using children for obscene or indecent publications or shows; S. 286B – Duty of a person providing computer services to prevent sexual abuse of a child; S. 286C – Duty to inform use of premises for child abuse; S. 308A – Cruelty to children; S. 360B – Sexual exploitation of children; S. 360C – Trafficking of children; S. 360E – Soliciting a child. In all these sections the word ‘child’ is defined to mean a person under 18 years of age.

The International Convention on Civil and Political Rights (ICCPR) Act No. 57 of 2007, while recognising a person under 18 years of age as a child, by S.5(1)© has guaranteed the rights of every such child to be protected from abuse.

If any person commits an act of grave sexual abuse with a person over 16 years of age with consent obtained by adopting any of the methods mentioned in the Section such as use of force, intimidation, or threats or while in a state of intoxication, then it becomes an offence punishable under the law.

What is the position if consent is obtained through deceit or offering some benefits or presents or some promises? There are numerous other ways to obtain the consent of children and youth, inexperienced in life, for committing sexual acts with them such as developing a close friendship, or offering some presents like a mobile phone or offer of a foreign trip or other deceitful conduct. Then it will not be an offence punishable under S. 365B.

S. 365B will not provide any protection to children belonging to the age group of 16 to 18 years and they will be left without any protection and open to abuse.

Who are these children belonging to the age group of 16 to 18 years? They are mostly children studying in O Level and Advanced Level Classes in schools. In any given year there are more than 500,000 thousand students studying in these classes. They belong to the most vulnerable age group, amenable to the influence of social and other media promoting this type of conduct. All this time these activities remained grave crimes, punishable with deterrent penalties. When this Bill becomes law, when these activities are decriminalised, as persons over 16 years of age they will be able to openly and freely discuss about these things and freely engage in any of these activities of their choice.

Within a few years of the passage of the Bill, it will be almost impossible to maintain discipline in schools and other higher education institutes. It is no secret that homosexual connections are observed to certain extent among students in hostels in schools and universities. At present it is frowned upon as conduct illegal and unacceptable. When homosexuality is legalised, one can see the number of human rights violation applications coming before the Human Rights Commission of Sri Lanka against the hostel Wardens and heads of institutions who try to maintain discipline in them.

It will certainly result in two or three-fold increase in the number of complaints of sexual abuse of children which remains continuously increasing over the years.

It will result in the destruction of moral, cultural and ethical base of our society.

Duty and Responsibility of Parliament to Protect the Rights of all Children

Even Sanjaya Jayawardana, PC, appearing for the proponent of the Bill MP Dolawatta admitted in his submissions that even if the Court was of the view that repealing S. 365A would encourage persons of whatever sexual orientation to behave in an indecent manner in public and whether such conduct is, in the view of the Court, morally repugnant and against the social and cultural ethic of this country, that would not be a matter for the Court but one that is entirely left to the Legislature.

The Supreme Court has expressed its opinion on this matter in the Determination on the Bill in these terms: ‘‘That does not mean that men or women or transgender persons can frequent public places in a manner that creates a nuisance to others using such public places, or that they can engage in any other illegal acts or behave in a manner that affects the rights, health or property of others. However, we must reiterate that it is a matter that comes within the legislative policy of the State which shall be guided by the provisions of Art. 75 and 27. It is a matter that comes within the legislative power of the people which shall be exercised by Parliament in trust for the People.’’

Under Article 75, the Parliament has the power to enact or repeal any law; In enacting laws the Parliament is exercising the legislative power of the people in trust for the People. Article 27 contains the Directive Principles of State Policy that shall guide the Parliament in the enactment of laws. In the enactment of this Bill the Parliament should be guided by the Directive Principles in Article 27 (12) and (13): 27(12) The State shall recognize and protect the family as the basic unit of society. 27(13) – The State shall promote with special care the interests of children and youth, so as to ensure their full development physical, mental, moral, religious and social and to protect them from exploitation and discrimination.

Instead of promoting with special care the interests of children and youth, this Bill has the effect of jeopardising the interests of children and youth exposing them to sexual abuse and retarding their physical, mental, moral, religious and social development.

Every Member of Parliament must understand that it is their duty and responsibility to exercise their legislative power entrusted to them by the People with due diligence in the best interests of the people and the country, protecting and promoting the rights of vulnerable groups like women and children, without carrying out foreign agendas and being moved away by slogans.

(Concluded)



Opinion

Sri Lanka Cricket needs a bitter pill

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A systemic diagnosis of a fading legacy

The outcome of the 2026 T20 World Cup, coupled with the trajectory of the sport in recent years, provides harrowing evidence that Sri Lankan cricket is suffering from a terminal malignancy.The Doomsday clock for Sri Lankan cricket has not just started ticking—it has reached its final hour.

Therefore this note is written to call the attention of the cricketing elite who love the sport.

The current state of affairs suggests a pathology so deep-seated that conventional remedies—be it revolving-door coaching changes or fleeting, opportunistic victories—can no longer arrest its spread.

What we are witnessing is not a mere slump in form or a temporary lapse in rhythm; it is a profound systemic collapse that threatens the very foundation of our national pastime.

The Illusion of Recovery: The “Sanath Factor” as Palliative Care:

Since late 2024, the appointment of Sanath Jayasuriya as Head Coach injected a much-needed surge of adrenaline into the national side.

Statistically, the highlights were historic: a first ODI series win against India in 27 years, a Test victory at The Oval after a decade, and a clinical 2-0 whitewash of New Zealand.

However, a data-driven autopsy reveals that these will be “palliative” successes rather than a cure.

Under Jayasuriya’s tenure, the team maintained a win rate of approximately 50 percent (29 wins in 60 matches).

While analysts optimistically labeled this a “transitional phase,” the recent T20 series against England and Pakistan exposed the raw truth: in high-pressure “crunch” moments, the team’s performance metrics—specifically Strike Rate (SR) and Fielding Efficiency—regress to amateur levels.

We are not transitioning; we are stagnating in a professional abyss.

The Scientific Gap:

Why India and Australia Lead

The disparity between Sri Lanka and global giants such as the BCCI and Cricket Australia (CA) is now rooted in High-Performance Science and Algorithmic Management.

Predictive Analytics & Biometrics

In Australia, fast bowlers utilise wearable sensors to monitor workload and biomechanical stress.

AI models analyse this data to predict stress fractures before they occur.

Sri Lanka, conversely, continues to cycle through injured pacemen with no predictive oversight.

Virtual Reality (VR) Training

While Australian batters use VR to simulate the trajectories of elite global bowlers, Sri Lankan players remain tethered to traditional net sessions on deteriorating domestic tracks.

Data-Driven Talent Identification:

India’s “transmission system” utilises automated data analysis across thousands of domestic matches to identify players who thrive under specific pressure indices.

In Sri Lanka, 85 percent of national talent still originates from just four districts—a statistical failure in talent scouting and geographic expansion.

Infrastructure vs. Intellect:

A Misallocation of Capital

Sri Lanka Cricket (SLC) boasts massive reserves, yet its investment strategy is fundamentally flawed.

Capital is funneled into “bricks and mortar”—grand stadiums and administrative buildings—rather than the human capital of the sport.

We build colosseums but fail to train the gladiators.

The domestic structure remains a “spin trap.”

By producing “rank turners” to suit club politics, we have effectively de-skilled our batters against elite pace and rendered our spinners ineffective on the flat, true wickets required for international success.

The Leadership Deficit:

A Failure of Succession Planning

The crisis of leadership post-Sangakkara and Mahela is a byproduct of poor “Succession Science.”

Australia maintains a “Culture of Continuity,” backing leadership even through lean periods to ensure stability.

India employs a rigid “Succession Roadmap,” ensuring the next generation is integrated into the system long before the veterans depart.

In contrast, SLC operates on a “carousel of convenience,” changing captains and coaches to distract from administrative failures.

This lack of imaginative management stems from a low literacy in modern Sports Governance.

From a philosophical perspective, our established cricketing traditions have failed to absorb the antithesis of the modern, hyper-professionalized global game.

As a result, a truly modern Sri Lankan brand of cricket has failed to materialise.

Instead, we are trapped in what is called a “Static Synthesis,” where the administration clings to the glories of 1996 and 2014 as a shield against the necessity of change.

This is not a transition; it is a refusal to evolve

We are witnessing the alienation of the sport from its people, where the “Master” (the administration) has become detached from the “Slave” (the grassroots talent and the fans).

The Verdict:

A National Emergency

The “cancer” in Sri Lankan cricket is a trifecta of political interference, irrational management, and a refusal to embrace the Fourth Industrial Revolution (AI, VR, and Big Data).

As someone who contributed to the formation of the Sri Lankan Professional Cricketers’ Association, I see the current trajectory as a betrayal of the players’ potential and the nation’s heritage.

Sri Lanka Cricket does not need another “review committee” or a new coach to act as a human shield for the board.

It needs a “Bitter Pill”—an aggressive, independent restructuring that prioritises scientific professionalisation over cronyism.

Without this, our cricket will remain at the bottom of the well, looking up at a world that has moved light-years ahead.

Shiral Lakthilaka

LLB, LLM/MA
Attorney-at-Law
Former Advisor to H.E. the President of Sri Lanka
Former Member of the Western Provincial Council
Executive Committee member of the Asian Social Democratic Political Parities

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Opinion

Unable to forget the dead

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A church damaged by the Easter Sunday terror attacks

The present government was elected on a commitment to prioritise truth, justice, and accountability to which it is being held by the Catholic Church in particular. This may account for the renewed momentum in investigations into the 2019 Easter Sunday bombings which was one of the gravest acts of violence in Sri Lanka’s recent history. A story on the recent developments in the Easter Sunday bombing investigation refers to a father whose six year old daughter died in the explosions that killed 279 people. The news report quotes him saying, “If she were alive today, she would be 13. You cannot suppress the truth for long. Now it’s starting to come out. We want the full truth and justice. Our children did not die in vain.” https://www.ucanews.com/news/sri-lanka-arrests-ex-intelligence-chief-over-2019-easter-bombings/112031  His words capture the ache of continuing grief and the stubborn refusal to let memory fade into oblivion.

The desire for justice, especially for loved ones killed by the actions or omissions of others, is universal. It is seen in the mothers of the North, in Jaffna and other towns, who have sat by the roadside year after year asking what happened to their children who disappeared in 2009 when the war ended or even earlier as when 158 people were taken from the temporary refugee camp in Eastern University in Vantharumoolai, Batticaloa, on September 5, 1990 never to be seen again. The reality, however, is that the suffering of individuals is easily submerged in the larger schemes of power. Governments are concerned about retaining political power, security forces close ranks, and societies are encouraged to forget in the name of stability, economic recovery, or national pride.

In Sri Lanka that forgetting has not taken place. Due to the sustained efforts of the Catholic Church and the families of the victims, the demand for truth and justice regarding the Easter Sunday attacks has not gone away. It has persisted through indifference, hostility, and at times intimidation. It is perhaps this persistence that has made the arrest of retired Major General Suresh Sallay a significant moment for those who have not forgotten. The arrest of General Sallay, who once headed military intelligence and later the State Intelligence Service, has been controversial. He is widely credited with playing a significant role in dismantling the LTTE’s networks and is regarded by some as one of the country’s most capable intelligence officers.

Persisting Doubts

From the very day of the Easter bombings in April 2019, there has been a doubt that the attacks were too meticulously planned to have been carried out solely by a ragtag group of youth or radicalised men acting on their own. The suspicion of a “grand conspiracy” has existed from the beginning and was voiced even by senior legal officials involved in the investigations. The attacks were claimed to be staged by ISIS, whose leader issued a statement claiming credit for them as part of a global ideological struggle. But this did not answer the central question about why known Muslim extremists were not apprehended when the war with the LTTE had ended many years before and they were no longer needed as a counterforce and why repeated intelligence warnings from India were ignored.

For seven years successive governments failed to move beyond the finding of negligence on the part of those who were in charge of national security. Investigations stalled and key questions remained unanswered. A parliamentary committee questioned whether sections within the intelligence community, supported by some politicians, sought to undermine investigations.

The Supreme Court held several government leaders and senior officials guilty of negligence and dereliction of duty, imposing heavy fines. That judgment established that the state failed its citizens. But negligence is one thing. Deliberate connivance is another. The present government was elected in 2024 on a promise that the truth behind the Easter attacks would be uncovered. President Anura Kumara Dissanayake committed himself publicly to accountability.

As several foreigners including US and UK citizens also lost their lives in the bombings, foreign intelligence agencies from the United States, the United Kingdom and other countries came to Sri Lanka soon after the attacks to conduct their own inquiries. The US has filed charges against three Sri Lankans. So far, international findings have not identified an external mastermind directing the plot from abroad. The focus remains on possible failures or complicity within.

Indeed, by arresting a former intelligence head who was widely credited with playing a significant role in dismantling the LTTE, the government has taken a considerable political risk. Opposition politicians and nationalist voices have framed the arrest as a betrayal of the security forces and an attempt to appease external actors. Others have suggested that it is a diversion from present economic or political challenges.

Beyond Easter

The Catholic Church, which most directly represents the victims of the Easter attacks, has expressed support for the renewed investigations. The involvement of the Church has helped to take the issue beyond the realm of partisan party politics and to one of the search for truth and justice. But this search for the truth cannot be limited to the Easter bombings. It needs to extend beyond this particular bombing, heinous though it was. A state that investigates only one atrocity while ignoring others signals that some lives matter more than others. That is a dangerous message in a country that has been divided along ethnic and religious lines. Truth seeking is not a betrayal of those who fought in difficult circumstances. It is an affirmation that the rule of law applies to all. It strengthens institutions by cleansing them of suspicion. It restores trust between citizens and the state.

Sri Lanka’s modern history is marked by many unresolved crimes. Large scale killings, enforced disappearances, and extrajudicial actions during the period of the ethnic war remain unaccounted for. There were churches and orphanages bombed during the war. There were hundreds taken from camps or who surrendered only to disappear forever. Thousands of families continue to live without answers. The mothers of the disappeared have not gone away.

They sit in the heat and rain because they cannot forget their children and want to know what happened to them. Their persistence mirrors that of the Easter victims’ families. Both ask the same question. Who was responsible and why. For too long Sri Lanka has avoided these questions, arguing that reopening the past would endanger stability and that the path to success is to focus on the future.

But memory and the desire for truth and justice does not die. By prioritising truth and justice as governing principles, the government can begin to restore faith in public institutions. This requires investigating what happened and why accountability was denied. Healing the wounds for Sri Lanka does not lie in forgetting the dead. Justice is not only punitive. It is also restorative. It allows societies to move forward without carrying unspoken burdens.

The Easter Sunday victims, the disappeared of the war years, and all those lost to political violence belong to the same community of Sri Lankan citizens that the government has pledged to treat equally. This calls for a consistent standard of truth. By pursuing the Easter investigation wherever it leads and by reopening and resolving the unresolved crimes of the war years, the government can set the country on a path of redemption.

by Jehan Perera

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Opinion

Sri Lanka – world’s worst facilities for cricket fans

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A file photo of a packed cricket stadium in Sri Lanka

Having watched Sri Lanka play in multiple World Cups (both formats) in six countries over the past 15 years, I regret that the worst facilities for fans are in the ongoing edition in Sri Lanka. I’m in my mid 60s and over many decades have watched our team play in every international cricket venue in Sri Lanka and several abroad. Even in developing countries such as in the Caribbean and Bangladesh, where I saw us triumph in 2014, there seems to be more concern for ordinary spectators and their basic expectations.

On this occasion, I travelled from the other side of the world and had to plan ahead. In the past editions, I recall tickets going on sale well ahead, but on this occasion, only a couple of months for some games and a couple of weeks for others. Even then, only low priced categories were released initially and I snapped them up, only to find better seats released a few days later. When I tried to buy those, I was told by the system that the maximum ticket quota is exceeded. I had to ask a friend to buy the tickets for me and transfer, hence paying multiple times for the same game. Why can’t all tickets be made available transparently to all fans at one time and sold to the 1st comers? Is there some racket in sending tickets “underground” initially to be resold at higher prices or given away free to cronies? I am tempted to believe this as in smaller grounds like P Sara and Galle, I have found in past bilateral tours such as vs England, where tickets are in high demand, the better tickets are never offered for public sale. But at the venue, I find many empty good seats. I understand that hundreds of tickets are given away as compliments to past cricketers families and friends and families of SLC big wigs, who routinely never turn up, depriving the opportunity to fans who are ready to pay for those same seats.

The most agonising part is entering and leaving the grounds which at both Premadasa and Pallekele this year was an absolute nightmare, with high possibilities of stampedes causing serious injuries or worse. Is the ICC not concerned – at least for the sake of avoiding legal liabilities? In past decades I remember long metal barricaded pathways set up a little away from the gates to force fans to queue up for body search, etc. This ensures more orderly entry as Sri Lankans are notorious for queue-jumping. Instead this time round it was a free-for-all for. The next shock is upon entry; there are clearly more people in each stand than the available seats. If you don’t arrive early and grab a seat, you end up standing in the aisles or stairs with an obstructed view and crushed on all sides. I saw some elderly foreign fans walk off half way in disgust. There was a time when in most stands at the R. Premadasa Stadium, a ticket guaranteed a seat. Now, it is not so even in the highest priced Grandstand. Seat numbers have been obliterated. With all the financial stability of the SLC that they claim in media, can’t they afford to repaint the seat numbers and set up some physical queuing pathways? Or is it that they are simply unconcerned about the suffering of ordinary fans? Or do they prefer free seating so that it’s easier to admit favoured individuals free of charge? At a world cup in New Zealand, I observed they had engaged many volunteers, young and old to act as guides/ ushers in and around the stadium. This is a common practice even in Olympics. Apart from trips for multiple board members, their families and other companions, can’t SLC spend a little to send some operational level staff to study and apply the best practices of other member countries to improve things at our local facilities? Moving onto toilets, without exaggeration, Pallekelle had 3 inches of filthy water (maybe urine) on the men’s toilet floor to wade through. In Sri Lanka, it is essential to have the constant presence of several janitors to ensure clean toilets. There wasn’t even one in sight. At the previous edition of this tournament in St. Lucia, West Indies, a small island where Sri Lanka played, I found impeccably clean toilets at the Gros Islet grounds.

Food and beverages is the next bone of contention. Quality and range offered was pathetic compared to the past in Sri Lanka and certainly compared to world cup venues elsewhere. Only plain instant noodle, hot dogs and some Chinese Rolls were generally available and some of the vendor stalls were unbranded, causing doubt in the minds of about the origin and quality of the offerings. Beer was the next scam, at Premadasa only Corona R. 2000 per cup and Budweiser Rs, 1500 were on offer, both unknown brands to most Sri Lankans. Budweiser also ran out early in the match, leaving a Hobson’s choice for fans. Apparently, this was a global sponsorship deal, but strangely at Pallekele, there was a small, unbranded shed in a corner selling Beer (presumably local) at Rs. 500. Was this something underhand? SLC Office bearers boast of their good relationships and having influence at the top levels within ICC. They also sit on their Boards and committees. Can’t they influence better deals on offerings and prices appropriate to local crowds? Finally, at the end of many hours of suffering, we come to the chaotic exit with everybody pouring out into narrow highly populated streets around the Premadasa stadium. With all the millions they are reportedly raking in, can’t SLC attempt to collaborate with the local authorities and acquire some of the surrounding lands, offering the residents attractive deals. Sri Lanka already has a very high number of stadia per capita. Building more and more may be lucrative for some, but investing in improving say three select existing venues to international standards in different parts of the country is the need of the hour. Once I took a flight via Mattala to watch Sri Lanka play at the Sooriyawewa stadium. Built in the middle of nowhere, with no surrounding infrastructure, it fell into total neglect just a few years after it was opened. When thousands of spectators attempt to find their way home at once, it can be anticipated that all modes of public transport including Uber and Pickme get overwhelmed. I had to walk about three kilometres and try repeatedly for almost one hour to secure a ride. After watching Sri Lanka play a world cup match at Sydney Cricket Ground, (capacity 50,000) we were able to calmly walk about 15 minutes to a long line of parked busses which took us painlessly to different points of the city. At the Oval, London, three underground tube stations are within 15 m walking distance and extra trains are deployed to handle the load after matches. Are SLC officers too busy to engage in some discussion with Public and Private sector transportation providers to make some special arrangement for the weary cricket fans?

I bought tickets to watch Sri Lanka play Pakistan in their final game in this tournament, but decided that the hardship and risks of bodily injury to be endured to support our team was not worthwhile at my age. Since that triumphant day in Dhaka in 2014, not only the standard of our Cricket but the facilities and basic comforts expected by ordinary fans have sadly declined drastically.

Sujiva Dewaraja
sujiva.dewaraja@gmail.com

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