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However, if S. 365 and S. 365A are repealed as proposed in the Bill, there will be no legal bar whatsoever for any groups to display their sexual orientation in public without directly engaging in a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
“Pot calling the kettle black?” A response
I was taken aback by the response of the well-known academic Uswatte-Aratchi (U-A) to my article “Achievements of the Hunduwa”, which appeared in The Island on 15 March. In his piece, titled “Pot calling the kettle black?” (The Island, 23 April) U-A accuses me of belittling Sri Lanka in just the same way President Anura Kumara Dissanayake (AKD) did with his reference to Sri Lanka as a hunduwa. Being an academic of repute, U-A’s comments cannot be ignored and before I proceed further to explain, let me state that I am very sorry if what I stated appeared in any way to be derogatory; my intentions were otherwise.
U-A states, “Most sensible people, even uneducated, judge that the volume of a little drop (of whatever) is smaller than that of a hunduwa; so is weight. When the learned doctor emphatically maintains ‘we are not a hunduwa’ but ‘a little drop in the ocean’, is the pot calling the kettle black or worse?” He implies that my ‘insult’ is worse. Whilst conceding that a drop is smaller than a hunduwa, what baffles me is how an academic overlooked the fact that comparisons should be made based on context. Whereas AKD used hunduwa in the parliament to belittle the country, I used the term ‘little drop’ to highlight our achievements, which are disproportionate to our size. In contrast, AKD used hunduwa to trifle with the country.
“Surely, this little drop in the Indian ocean performed well beyond its size to have gained international recognition way back in history,” I said in my article. This cannot in any way be considered derogatory. In fact, what U-A stated in his article about the achievements of countries, either smaller or with populations smaller than ours, only supports my view that there is no correlation between a country’s size and its achievements.
U-A casts doubt on the assertion that Sri Lanka was once the ‘Granary of the East’; he cites instances of drought and famine. There may have been bad periods, as we are at the mercy of nature, but it does not negate the fact that there were periods of plenty too. Our rulers in days of yore did everything possible to feed the populace by building tanks and extensive irrigation systems. In addition to major works, there were networks of small projects, Uva being referred to as ‘Wellassa’; the land of one hundred thousand paddy fields fed by small tanks. What has the present government done to ease farmers’ burden? Absolutely nothing! Whilst farmers are struggling to eke out a living, rice millers are importing super-luxury vehicles and even helicopters!
I agree with U-A that unfortunately the contribution of the ordinary people is not well recorded in history. This is a universal problem, not limited to Sri Lanka. When one watches some of Prof. Raj Somadeva’s programmes, it becomes clear how ordinary people helped complete gigantic projects. Although there are many documentaries on how the pyramids were built, no one seems interested in exploring how Great Stupas in Anuradhapura were built with millions of bricks.
AKD is doing just the opposite of what he preached whilst in Opposition and does not seem to have any sense of shame. His hunduwa reference, possibly, makes him the only President to have demeaned the country.
by Dr Upul Wijayawardhana
Opinion
Openness, not isolation, is the bedrock of the West
Recent statements from Washington show how global politics is being increasingly framed along civilisational terms. The U.S. Secretary of State Marco Rubio has referred to the idea of a shared “Western civilisation,” describing the U.S. and Europe as bound by common history, cultural heritage, and institutional traditions. At the same time, U.S. President Donald Trump has amplified comments about countries such as India, China, and Iran in the context of migration and geopolitical competition that reinforce a tendency to interpret global politics in civilisational terms. Taken together, these statements point to a broader shift: global affairs are being interpreted not only through the language of power and interest, but also through civilisational identities.
The appeal of such framing is understandable. It offers a sense of clarity in an era of rapid technological disruption, demographic change, and geopolitical uncertainty. But apparent clarity is not the same as analytical accuracy. Moreover, it is not an entirely new framing either. As early as the 1990s, political scientist Samuel Huntington had argued that global politics would evolve into a “clash of civilisations,” where cultural and religious identities would become the principal fault lines of international relations.
Civilisational explanations can obscure more than they reveal, particularly when they imply that cultural cohesion, rather than institutional adaptability, is the primary source of national strength. A historical record of the modem West suggests otherwise.
A look at history
Much of the West’s post-Cold War dynamism has rested not on homogeneity, but on openness — to talent, ideas, capital, and global competitive pressures. Its advantage has been institutional: the capacity to absorb diversity and convert it into innovation within rules-based systems.
Nowhere is this more evident than in today’s innovation economy. AI, in particular, has become the defining frontier of global competition, shaped by deeply international talent flows and research ecosystems. Companies such as Microsoft, Open Al, and NVIDIA exemplify systems in which breakthroughs depend on globally sourced expertise, cross-border collaboration, and the ability to attract the most capable minds regardless of origin.
The COVID-19 pandemic underscored this complementary reality: innovation now operates through globally distributed production systems. Rapid vaccine development and distribution, by firms such as Modema and AstraZeneca, depended on international research networks and global manufacturing ecosystems. In the case of AstraZeneca, large-scale production through partnerships such as that with the Serum Institute of India illustrated how innovation and industrial capacity now operate across borders.
This is not an argument against immigration control. Immigration must be governed effectively, and civic norms must be upheld. But managing diversity is fundamentally different from retreating from it.
In an era of intensifying geopolitical competition, openness remains a critical strategic asset. The West’s advantage lies not only in military alliances or economic scale, but in institutional resilience and its capacity to attract, integrate, and retain talent. Civilisational framing, by contrast, risks misdiagnosing this advantage —privileging identity over capability and boundaries over performance. Demographic realities reinforce this point. Many advanced economies face ageing populations. In this context, immigration is not simply a cultural or political issue, but an economic necessity.
Without sustained inflows of sldlled labour and human capital, growth slows, fiscal pressures increase, and innovation ecosystems weaken.
Openness as an advantage
The defining challenges of the 21st century —including AI governance and climate change —further highlight the limits of civilisational thinking. These are problems that cannot be addressed within cultural silos. Against this backdrop, framing global politics in terms of civilisational hierarchy carries risks. It encourages a narrowing of identity at precisely the moment when cooperation and adaptability are essential.
The question, therefore, is not whether identity matters. It dearly does. Societies require shared norms, institutional trust, and continuity. The more important question is whether democracies can manage change without losing confidence in the openness that has sustained their development. The strength of the West has historically rested on its ability to combine stability with adaptation — to absorb new influences while preserving core principles such as the rule of law, individual liberty, and accountable governance.
Therefore, the policy challenge ahead is not to retreat into notions of cultural purity, but to govern openness with clarity and purpose. This requires strengthening integration frameworks and reinforcing institutional trust. It also requires recognising that engagement with other civilisational spaces is not a concession, but a necessity in a globally interconnected world.
In a world of intensifying geopolitical rivalry, it may be tempting to define strength in narrower terms. But doing so risks undertnining one of the West’s most important strategic assets. Openness — disciplined, governed, and anchored in strong institutions — is not a vulnerability. It is a source of sustained advantage.
(Milinda Moragoda –Former Sri Lankan Cabinet Minister, diplomat and the Founder of the Pathfinder Foundation, a strategic affairs think tank. The Hindu – 08, May 2026)
By Milinda Moragoda
Opinion
Palm leaf manuscripts of Sri Lanka – 2
Palm leaf manuscripts are now valued as historical documents and collections of palm leaf manuscripts are carefully preserved in libraries, in Sri Lanka and abroad. Most of the palm leaf manuscripts available in these collections date only from the 18th and 19th century. The palm leaf is a perishable item. Manuscripts of an earlier period are rare and are greatly valued.
Sri Lanka has the greatest number of these palm leaf manuscript collections. This indicates the value placed on palm leaf manuscripts in this country. The largest collection in Sri Lanka and possibly in the world, is in the National Museum Library, Colombo. The collection exceeds 5000. It includes the collections of H.C.P. Bell, W.A. de Silva, Ananda Coomaraswamy and E.B Gunaratne as well as the poetry section of the Hugh Neville collection. In 1938, W.A. de Silva prepared a “Catalogue of palm leaf manuscripts in the Library of the Colombo Museum.” This was published by the Museum.
The Museum library has the oldest palm leaf manuscript in the country, the Cullavagga, dated to 13 century. Cullavagga gives an account of the religious life of the sangha and the legal confines of their conduct. The last chapter carries the earliest known account of the Buddhist Great Council at Rajagaha.
The library has a copy of Buddhaghosa’s commentary on Digha nikaya. The cover is of silver embossed with white sapphires. The library has a copy of Sumangala Vilasini , one of the Bodhiwamsa (Ref No 1823) in Sinhala giving the history of the Sri Maha Bodhi, and the Mahavagga, copied by the Peramuna rala of Siyambalapitiya Galboda korale, completed on October 1802 and offered to Malwatte.
The Museum library has approximately 300 medical manuscripts Saddharmaratnavaliya manuscript says that doctors had to be paid for their services and travelling expenses. It said that physicians jealously guarded their knowledge of medicine and kept their prescriptions for medical remedies in safe custody.
University of Peradeniya has the next largest collection of 4000 items. Peradeniya has the UNESCO recognised copy of the Mahavamsa and the 13 century Visuddhi Magga Tika. The library has the de Saram and Hettiarachchy collections and several collections of palm leaf manuscripts donated to it.When I was studying at Peradeniya in the 1960s, the Main Library displayed palm leaf manuscripts and their decorative covers, in a case, upstairs, by the staircase, where the readers would not miss it. That was our introduction to palm leaf manuscripts.
The National Library of Sri Lanka (est. 1990) has a small but distinctive collection of 523 items which include Sinhala vedakam, Sinhala bana katha and Yantra mantra gurukam . It has a rare literary manuscript, Diya Savol Sandeshaya, dated April 26, 1904. It begins with the evocative phrase “Sarada Sarada Somi Paharusamu.” It provides a unique glimpse into the late-modern period of Sinhala literature. The manuscript is in good condition, with beginning and end intact. It measures 50 cm in length.
Other state institutes also have collections. The Institute of Indigenous Medicine, Rajagiriya has 700 palm leaf manuscripts. The collection includes Besajja Manjusa , the oldest medical manuscript in Sri Lanka . The collection also has a very old, valuable manuscript on acupuncture, written in Sinhala. The manuscript is reproduced in full in the book “Palm leaf manuscripts of Sri Lanka” by Sirancee Gunawardana. She comments, it is well illustrated. The human form is drawn clearly and acupuncture points indicated.
There are valuable private collections of palm leaf manuscripts, acquired by knowledgeable collectors. University of Kelaniya has digitised and made available the manuscripts of 13 private collections. The Danton Obeyesekera collection includes an ath-veda-pota containing prescriptions. James D Alwis collection has a copy of the Jataka Atuwa getapadaya. L.S.D Pieris has an extensive collection of Yantra manuscripts and medical manuscripts as well as a copy of the Rajavaliya. It was noted that SWRD Bandaranaike also had a collection of palm leaf manuscripts .
Private collectors seem to have been specially interested in the pansiya panas jataka. K.V.J. de Silva’s collection had a magnificent pansiya panas jataka. The collection assembled by Rohan de Silva and Jacques Soulie at the Suriyakantha Centre for Art & Culture, Handessa, also has on display a palm leaf manuscript of the Jataka stories, dated to late Kandyan period, in exceptional condition. Its clarity of script, leaf preparation, and intact binding show the highest standards of Sri Lankan scribal craftsmanship, the Centre said.
The largest collection in a foreign library (western) is probably the collection in the British Library, London, which has around 2464 Sinhala palm leaf manuscripts . The major portion of this collection is the Hugh Neville collection of 2227 palm leaf manuscripts. Everybody has heard of the Hugh Neville collection and most think that this is the only collection of Sri Lanka palm leaf manuscripts in the world and that we must be grateful to Hugh Neville for collecting them. Some probably think he wrote them. They do not know of the much larger collections in Colombo and Peradeniya.
Hugh Neville (1869 – 1886) came to Sri Lanka during the British period as private secretary to the Chief Justice. He later became an Assistant Government Agent. He travelled across the country collecting palm leaf manuscripts. They were mainly 19 century manuscripts. Hugh Nevill observed that just one in his collection may be 100 years old. I have no copy over 200 years old, he said.[1]
Hugh Neville died in France, but London acquired the palm leaf collection at the instigation of D.M de Z. Wickremasinghe. They were catalogued by K.D. Somadasa and published in seven volumes, titled ‘Catalogue of the Hugh Nevill Collection of Sinhalese manuscripts in the British Library”. The British Library, in 2021, digitized and made freely available online, four Sinhalese palm leaf manuscripts from the Hugh Nevill collections, namely Dighanikaya, Majjhimanikaya and two copies of Mahavamsa.
The libraries of Cambridge and Oxford Universities have Sri Lanka palm leaf manuscripts. Bodleian Library in Oxford has the Mahavamsa manuscript which was used by Turner for his English translation. Jinadasa Liyanaratana has examined some of the manuscripts in Cambridge and has catagloued 24 Sinhala manuscripts of which 6 were medical texts, others were on Buddhism. This was published in Journal of the Pali Text Society, Vol. XVIII, 1993, pp. 131-47[2]
The John Rylands Library, University of Manchester holds over seventy manuscripts from Sri Lanka, “mostly on Theravada in the Pali language in Sinhalese script” . They are probably from the Rhys Davids collection. The manuscripts date from the 17th-19th centuries and include copies made in Sri Lanka for T.W. Rhys Davis. There are complete manuscripts of the Paṭṭhāna-Pakaraṇa and Nettipakaraṇa, which are rare even in Sri Lanka.
There are palm leaf manuscripts at Bibliothèque Nationale, Paris, the Azistische Kjust Museum, Amsterdam, and Bavarian State Library in Munich . Paris has the Talapata sent from the Udarata chiefs to Dutch governor Falck. Jinadasa Liyanaratne examined and wrote on the “Sinhalese Medical Manuscripts in Paris” for Bulletin de l’École française d’Extrême-Orient Année 1987 pp. 185-199[3] The Netherlands collection included 135 medical manuscripts.
The palm leaf manuscript collection in the Royal Library, Copenhagen is well known. It was obtained by Rasmus Rask who came to Sri Lanka in 1822 in search of them. The collection was catalogued by C.E. Godakumbure. The catalogue is available in Gunawardene’s “Palm leaf manuscripts of Sri Lanka”(p 339). This collection contains the manuscripts collected by Ven. Kapugama Dharmachandra who lived in Dadalla, Galle. He converted to Christianity and his extensive collection, went to Denmark, said Gunawardana.[4]
Small collections of palm leaf manuscripts are held in various other foreign libraries in the west. Casey Wood, (b 1856) an American ophthalmologist who had in interest in medical research, toured the world after retirement. In Sri Lanka he connected with Andreas Nell, also an eye surgeon, obtained palm leaf manuscripts, mainly medical, which he then donated to institutions and individuals all over North America. At least 50 different recipients have been identified.[5]McGill University has a collection of 27 palm leaf manuscripts gifted by him.[6] The Metropolitan Museum of Art, in New York has one manuscript on display[7]. (To be continued)
[1] Stephne C Berkwitz. Buddhist history in the vernacular. P . 115..
[2] https://hasp.ub.uni-heidelberg.de/journals/jpts/article/view/28096/27490
[3] https://www.persee.fr/doc/befeo_0336-1519_1987_num_76_1_1723
[4] Sirancee Gunawardana Palm leaf manuscripts of Sri Lanka . (1977 )p 1-9, 35,41-43,50,127,129,140-146,248,286-292,339-,
[5] https://findingaids.library.northwestern.edu/repositories/8/resources/1303
[6] https://hiddenhands.ca/sri-lanka-essays/
[7] ps://libmma.contentdm.oclc.org/digital/collection/p16028coll4/id/47247/.
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