Opinion
Proposed Penal Code amendment and threat of promotion of sexual abuse of children – VIII
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However, if S. 365 and S. 365A are repealed as proposed in the Bill, there will be no legal bar whatsoever for any groups to display their sexual orientation in public without directly engaging in a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
Open letter to PUCSL on proposed electricity tariff revision
Although the Public Utilities Commission of Sri Lanka (PUCSL) has appropriately invited public consultation on the proposed electricity tariff revision from 27 February to 18 March, the online submission portal appears to contain a non-functioning submission tab. If this technical issue persists, it risks undermining the integrity and effectiveness of the entire consultation process. Consequently, I have chosen to present this letter openly for public consideration, including by the PUCSL.
Current geopolitical tensions in the Middle East underscore the urgent need for Sri Lanka to minimise its dependence on imported fossil fuels and prioritise the development of domestic renewable energy resources, including solar, hydro, and wind power. Such a transition is essential to securing a stable and independent energy supply. Regrettably, the Ceylon Electricity Board (CEB) appears to be moving in the opposite direction.
Promoting solar-powered electric vehicles supported by home-based renewable charging systems would strengthen national energy security and reduce pressure on imported fuel supplies. The fuel queues witnessed during periods of crisis, most notably in 2022, serve as a stark reminder of the risks associated with excessive dependence on external energy sources and the national anarchy that can follow.
As a small nation operating within a volatile global economy, Sri Lanka must remain as non-aligned and self-reliant as possible. Strengthening self-sufficiency in strategic sectors is critical to avoiding collateral damage amid escalating geopolitical rivalries among major powers. India has made steady progress along this path; Sri Lanka would be well-advised to do the same.
Raising electricity tariffs — a measure repeatedly adopted over the past decades to offset the high cost of fossil-fuel-based power generation — places an unfair burden on debt-ridden households and struggling businesses. Resorting once again to tariff increases, rather than addressing structural inefficiencies and fuel dependency, reflects a failure of long-term planning. The nation must instead pursue sustainable energy solutions that reduce costs over time.
As a debt-burdened country, Sri Lanka urgently requires pragmatic, forward-looking strategies that ease the pressure on citizens while strengthening resilience in times of geopolitical instability. Energy pricing is not a peripheral issue; it is a central pillar of economic stability and national security, demanding serious and immediate attention.
Established on 1 November 1969, the CEB was entrusted with the responsibility of generating and distributing electricity across the island while promoting social and economic development through the optimal use of national resources.
Recent developments suggest that the Ceylon Electricity Board has fallen short of these foundational objectives. Over the past two decades, electricity tariffs have been increased repeatedly under various justifications yet supply reliability has not consistently improved. The current proposed revision appears to perpetuate the same pattern: continued dependence on imported fossil fuels, directly contradicting the principle of optimally utilising national resources. This trajectory risks returning the country to recurring crises, including the prolonged fuel shortages and power cuts experienced in recent years.
Energy is not an ordinary commodity confined to a single sector; it affects every dimension of national life. High energy costs increase the cost of living by inflating expenses related to food production, transportation, manufacturing, and consumer goods. Ultimately, these costs are borne by citizens.
Moreover, elevated energy prices undermine national competitiveness by discouraging foreign investment and constraining local entrepreneurship, technological advancement, industrial expansion, and job creation. High-cost energy impedes national development.
Low-cost energy should therefore be formally adopted as a national policy objective. The CEB must adhere to its original mandate of optimising national resources for cost-effective electricity generation. Any deviation from this principle must be fully transparent and supported by clear, evidence-based justification.
Even in the sphere of renewable energy, concerns arise about the apparent preference for large-scale solar and battery storage projects that require substantial public funding. Previous claims of “grid instability” attributed to household rooftop solar generation were used to justify policy shifts. If electricity generated by rooftop solar during daylight hours was considered problematic, how would significantly larger solar installations differ in principle? Without systematic and transparent grid modernisation, such projects risk becoming costly stopgap measures rather than sustainable long-term solutions.
Poorly planned initiatives could once again expose the country to high delivery costs, reflected in elevated tariffs. They may also increase the risk of power disruptions due to battery limitations, spare-part shortages, infrastructure weaknesses, or maintenance failures. Sri Lanka has previously endured six- to ten-hour power outages, with severe economic and social consequences. The nation cannot afford a return to such instability.
It must also be recognised that rooftop solar installations, financed by homeowners — often through personal loans — have provided a crucial safety net for many families. By purchasing surplus energy from these “prosumers,” the system has functioned in a mutually beneficial manner for both households and the nation. Rather than discouraging decentralised generation, Sri Lanka should modernise its grid and meaningfully integrate citizen-led energy production. Short- and medium-term grid improvements could be facilitated through structured private-sector participation, including by prosumers themselves.
Globally, affordable energy underpins economic growth. Countries such as China, the United States, Norway, Brazil, and Canada have leveraged domestic energy resources to produce cost-effective power and accelerate development.
Sri Lanka must adopt a clear national policy centred on low-cost energy, fully utilising its natural endowments — solar, hydro, wind, and emerging technologies. Proposals prioritising imported fuels should be considered secondary and strictly transitional.
A nation that endures long queues for essential energy supplies cannot reasonably expect its citizens and businesses to remain productive and resilient. These realities are fundamentally incompatible.
Encouraging decentralised energy production would:
* Reduce the cost of living
* Improve national resilience
* Attract foreign investment
* Create employment
* Enhance export competitiveness
The people have entrusted the government with this responsibility. The time has come for a decisive, transparent, and forward-looking policy shift.
Chula Goonasekera
(cgoonase@sltnet.lk)
A concerned citizen
Opinion
Need for well-designed contracts and their implementation
The purchase of substandard coal using a faulty tendering process has become news lately. This enormous financial loss to the country indicates the urgent need for the Government to pass stronger contract laws and have their proper implementation in Sri Lanka by professionals. It is recommended that “Model” contracts need to be drawn up as typical examples and these made available to governmental departments who may need to enter into similar contracts. Do not ask a busy manager to design a contract, a legal document from scratch! Perhaps a whole department should be set up to monitor (police?) government and local government administration of contracts under English Contract Law and contracts under the United Nations Convention for International Sale of Goods (CISG). Perhaps now, it seems that anyone in government can draw up a contract and design it to suit his own whims and fancies!
I suggest here models of typical contracts, useable for different cases are made available for anyone or any department required to enter into a contract to enable them, or at least assist them to first formulate, and draw up an effective contract which must have certain important clauses. Contract administrators and supervisors need to be well trained, motivated and independent in order to administer Government contracts as the law of Sri Lanka should demand.
Contract Management
In the West, mutually agreed contracts are considered legal agreements enforceable by law under a given jurisdiction. There is the initiator of the contract named the Owner and a Main Contractor who agrees to implement the work for a price consideration, and who may delegate part, or all of the work to sub-contractors.
Contracts must provide all the information required by a contractor to complete the work. Contract clauses must incorporate all foreseeable eventualities. For example, the acceptance, as agreed and signed between the contacting parties by the supplier or lead contractor, needs to have clauses that allow for design changes (change orders), additional time and the formulation of related costs and profit accordingly. Such ‘in progress’ changes have procedures which are given in clauses dealing with ‘change orders’ which require assessing the cost of the change order implementation. Change order management may best be done by a firm of Quantity Surveyors.
The main contractor agrees with the owner to supply labour, materials and specialist equipment to fulfil the terms of the agreement or contract for a price. Special tax concessions, customs clearances and other legal requirements can fall on the shoulders of the Owner, or as negotiated from the outset. All these matters need to be clarified from the outset of any contract.
Time is of the essence. The time value of money is always at the forefront of the contract manager’s mind. The work is usually expected to be carried out to a time frame set by the owner. Therefore, the implementation of an agreement should be set in an agreed time frame with easily defined milestones marking progress and marking when appropriate payments become due.
Of course, contract administrators must make payments only when the work is verified as satisfactorily completed at each of previously agreed stages of the contract. Usually, there are time limitations, with penalties for time overruns. Owners want their goods delivered on time and to meet all contractual specifications on quality and performance. There should be clauses stipulating quality and quantity guarantees and guarantees of remedial repairs, continuing service agreements to be settled before an official handover and signing on completion of a contract. Final payment should be withheld until the guarantee period has expired. Preparing for these events needs computers, foresight and experience.
Small contracts are usually managed by the owner, but large, multimillion dollar contracts may be administered by an independent organisation. A contract is enforceable by law, with stated financial penalties for failures to abide by the terms of the contract, but all is subject to “Force Majeure.” This is when progress of the work is seriously impeded or impossible due to events totally outside the control of the Subcontractor.
Contract implementation is a large area, well catered for by laws in the English language. This letter can only raise questions about the quality of contract administration in Sri Lanka. Unfortunately, so few legislators have sufficient knowledge of English, resulting in loopholes allowing manipulation which may result in Sri Lankan public having to pay through the nose, pay dearly for incompetent practice.
I can suggest these improvements, but my actual experience is that all my letters, in English, to officialdom go unanswered and ignored.
Roger. O. Smith
Opinion
Sri Lanka Cricket needs a bitter pill
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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