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Opinion

Redoubtable ‘wisdom’ of our lawmakers

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In a move of unadulterated foolhardiness, the powers-that-be published a gazette notification recently to revise Sections 363 and 364 of the Sri Lankan Penal Code. It attempted to lower the girls’ age of consent for sexual intercourse to 14 years and the punishment to be levied to the accused male who has engaged in such sexual activity to be considerably reduced if the accused male is under 22 years of age.

This initiative on the part of the government, set in motion a flurry of heavy and resounding protests by the general public, women’s organisations, and medical professional institutions, against this contemptible attempt to amend the Penal Code by publishing the gazette notification. All these protesting groups have made it very clear that this move is a very retrograde step and does not stand up to any kind of reason or wisdom. Confronted by an avalanche of such drastic objections and protests, the government has given in and withdrawn the said offensive piece of legislation. However, there was a vague suggestion that the ministry concerned would initiate discussions with all the stakeholders on this matter.

It must be pointed out that there is no universally recognised international upper cut-off age limit when a person stops being considered a child. The definition of a child varies across different contexts, cultures, and legal systems right around the globe.

However, the United Nations Convention on the Rights of the Child (UNCRC) defines a child as “every human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier.” This convention has been ratified by a vast number of countries, including Sri Lanka, and the age of 18 is widely accepted internationally as the cut-off age for childhood. As just one example, all the banks in Sri Lanka consider anyone under the age of 18 years as a minor and one can get a driving license in our country only when one has reached that magic age of 18. That said, some countries may have different legal definitions and ages for transitions from being a child to being considered an adult. These ages typically range from 16 to 21 in several different jurisdictions.

The minimum age of consent for sexual intercourse is the age at which someone is considered capable of making that decision. The unbiassed objective of the imposition of a minimum age of sexual consent is to protect adolescents from sexual abuse as well as the potential consequences of early sexual activity on their rights and development. Many medical professionals and their organisations have seriously objected to the proposed amendment of the age of consent for sex to be reduced to 14 years from the current age of 16 years, for quite a few compelling medical reasons.

It has been clearly shown by scientific studies that a child of 14 years is not intellectually mature enough by any stretch of imagination to give informed consent for an act such as sexual intercourse. This is simply because she does not have the necessary and adequate understanding of the given situation. To make matters even worse, in this land of Sri Lanka, where acceptable sex education is not provided, a child of 14 years who consents to sexual intercourse is not intellectually empowered and is most likely to be significantly ignorant of the possible repercussions of the sexual act, such as unwanted pregnancy, as well as the potential exposure to sexually transmitted diseases. In other words, that so-called consent is not one which anyone would call fully informed consent.

A child of 14 years is not physically and mentally mature enough to be a mother to a baby she may give birth to, following the sexual act. In addition, such adolescent mothers are a medically high-risk group to develop various complications of pregnancy. These include medical disorders of physical as well as mental nature. The offspring too would be at risk due to inadequate nurturing, as well as to have a propensity to develop physical, intellectual, and emotional problems, well into the future.

It has to be considered that in the proposed amendment, the male culprit’s age is mentioned as under 22 years to qualify for a more lenient judicial sentence. The attempt is to increase it to 22 years from the current limit of 18 years.

Is it the contention of the government that giving in to carnal desires against the law would warrant leniency simply because of an age-related Romeo and Juliet phenomenon? If this is allowed to sail through, there is no guarantee that the upper age cut-off for the male culprit will not be increased further in the future. A wag remarked that even an octogenarian might qualify for a more lenient sentence in the future. All these contentions make one begin to wonder whether there is some ulterior motive behind this.

It is quite interesting to note some of the antecedent events or even the woeful lack of them, before the gazette was published.

We need to carefully assess the policy-making processes, if any for that matter, that were followed before the decision was made to amend the relevant sections of the Penal Code.

It is vital to unravel the processes followed before the authorities jumped in at the deep end to introduce such an offensive bill. One wonders which ministry initiated the process in the first place and wanted the amendments in question effected to the law. We have to examine the exact processes that took place. What was the specific trail that was followed?

Generally speaking, new laws are formulated by relevant ministries, extensively discussed, then sent to the Attorney General, followed by the submission of it to the Legal Draughtsman and finally presented to the Cabinet of Ministers. It is quite clear that none of these formalities were adhered to, as many of these institutions, including the Parliament, have denied any knowledge of this bill that was hastily sprung through a Government Gazette notification.

It is necessary to look for the reasons that prompted this despicable attempt. More than anything, such a detailed analysis would help to guard against and even prevent recurrences of this kind of tyrannical behaviour on the part of the powers-that-be in the future. It has been claimed that the motive behind this is to ensure some legal requirements but one would argue that drastic changes such as the attempted amendments to the Penal Code should only be presented following open and frank discussions with all stakeholders. It is quite obvious that this was not done.

As indicated by a statement in the Parliament on 01 April, 2024, the proposal to amend the relevant sections of the Penal Code have been “withdrawn”. Yet for all this, the Ministry of Justice is now planning to have a so-called dialogue with interested parties in the immediate future regarding these proposed amendments to the Sri Lankan Penal Code.

The implications are that the so-called bill has not been withdrawn once and for all; at least not as yet.

To make matters worse, it is likely to be presented again and rushed through the parliament. There have been many instances where the authorities withdrew some controversial legislations following intense protests only to present them again a slightly modified form and pushed through the legislature. So, watch out people …, we need to remain intensely vigilant.

Concerned Sri Lankan



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Opinion

The Cream of the Earth: Why Sri Lanka needs a Fruit Consumers Movement

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By Lalin I De Silva

Sri Lanka speaks constantly about hospitals, medicines, food imports, agricultural productivity and the rising cost of living. Yet there is one simple question we rarely ask:

Are we eating enough of the food that our own soil can naturally give us?

Fruit is perhaps one of the finest gifts of the earth to humankind. A ripe mango, banana, papaya, guava or avocado comes to us almost ready to eat. Sunlight, rain, soil, microorganisms, minerals and the labour of a farmer have already done most of the work.

That is why I like to describe fruit as the “cream of the earth.”

This is, of course, not an argument that fruit alone can prevent every disease, or guarantee longevity. Science does not support such exaggerated claims. But there is strong international evidence that regular consumption of fruits and vegetables forms an important part of a healthy diet and is associated with lower risks of several major non-communicable diseases.

Sri Lanka’s own dietary guidance encourages the daily consumption of fruit as part of a balanced diet.

The tragedy is that we live on an island capable of producing an extraordinary variety of fruits, while many families increasingly depend on highly processed foods, sugary drinks and imported snacks.

This deserves national attention.

We Produce — But Do We Connect?

Sri Lanka grows banana, mango, pineapple, papaya, avocado, rambutan, mangosteen, guava, woodapple, beli, pomegranate, durian and many lesser-known indigenous fruits.

Yet our fruit value chain remains fragmented.

The farmer often does not know the final consumer.

The consumer rarely knows the farmer.

Fruit travels through several intermediaries, sometimes suffering poor handling, unnecessary damage and price escalation along the way.

Consumers may not know where a fruit was grown, when it was harvested, whether it was naturally matured or what crop-protection practices were followed.

Meanwhile, a careful farmer, producing exceptional fruit, may receive almost the same farm-gate price as someone producing an inferior product.

That is not value-chain management.

It is precisely this disconnect that a new citizen-led initiative could begin to address.

25 Districts — 25 Consumer Societies

A proposal now emerging is to establish a Pure Sri Lankan Authentic Healthy Fruit Consumers Society in each of Sri Lanka’s 25 districts.

The concept should not become another organisation full of titles, meetings and ceremonial functions.

Its purpose must be practical.

Each district society could bring together consumers, growers, doctors, nutritionists, horticulturists, schools, universities, retailers, hotels, processors and young entrepreneurs.

The first task would be to understand the district itself.

What fruits are grown?

Where are they grown?

When are they available?

Which traditional varieties are disappearing?

Where can consumers purchase genuinely good fruits?

Where are the post-harvest losses?

What do farmers need?

What do consumers actually want?

From this information, each district could eventually develop its own Fruit Map.

Twenty-five district maps could then become a National Fruit Map of Sri Lanka.

From Anonymous Fruit to Traceable Fruit

Imagine buying a mango and scanning a QR code.

You could see the district, grower, variety, approximate harvest date and production information.

You could perhaps even provide feedback on taste.

That may sound futuristic, but the technology already exists.

The problem is not technology.

The problem is that our food system was never designed to connect the person who grows the fruit with the person who eats it.

Traceability could change that.

The principle is simple:

Know your farmer. Know your fruit.

Let the Consumer Lead

For decades, agriculture has largely been driven from the production side.

“How much can we produce?” has been the dominant question.

A healthier agricultural economy should begin with another question:

What does the consumer need, value and trust?

If thousands of consumers deliberately demand fresh, safe, flavorful and traceable Sri Lankan fruit, the message travels backwards through the entire value chain.

Retailers respond.

Farmers respond.

Nurseries respond.

Researchers respond.

Investors respond.

Government eventually has to respond.

That is the real power of an organised consumer movement.

Start With Children

Perhaps the most powerful campaign message could be remarkably simple:

Two Fruits a Day.

Imagine a Sri Lankan child coming home from school and asking:

“What are our fruits today?”

Imagine every school having a small fruit garden.

Imagine children being able to identify 10 Sri Lankan fruits, understand their seasons and know where they are grown.

Such behavioral change cannot be achieved merely by issuing circulars from Colombo.

It must become part of family culture.

Kandy Could Begin

Kandy would be a logical district in which to pilot the concept.

Its climatic diversity, surrounding agricultural communities, educational institutions, hotels, markets and strong plantation heritage provide an excellent testing ground.

A successful Kandy model could then be adapted—not blindly copied—across the other 24 districts.

The objective should ultimately be much larger than selling more fruit.

It is about reconnecting soil, farmer, food, consumer and health.

Sri Lanka does not need to invent every solution from outside.

Sometimes the answer may already be hanging from a tree beside us.

We simply have to recognise its value.

Know Your Farmer. Know Your Fruit. Live Well.

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Opinion

‘Outpost of Empire’

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Review

by Colleen Figg, Editor
and Reviewer – Amazon, New Voices Publishing

“Fernando echoes Macbeth with the line, “There is judgment here.” It captures the question running through the novel: can anyone participate in corruption and remain untouched by it? Beneath this satire is a dark story about power and the danger of believing, that someone else will always pay the price.”

Shavindra Fernando’s Outpost of Empire is a political novel set in the fictional country of Lackadasia. At its heart is a strong idea: an exploration of world politics, terrorism and the ways in which powerful countries manipulate smaller ones. Fernando is clearly writing about political issues that matter deeply to him.

The names immediately establish the book’s satirical character. Lackadasia, Burgherbugaria and the various Klowns suggest a world in which the people and places are exaggerated, but the issues beneath the exaggeration are recognisable. The playful language allows Fernando to approach terrorism, religious conflict and political corruption from an unusual angle.

Henry Stockwell is a central character: an ambassador who arrives in Lackadasia presenting himself as a friend of the country. He believes he understands how power works and treats the country, its politicians and its people as pawns on his personal chessboard. In his arrogance, he never doubts that he controls events rather than being controlled by them. This confidence makes him a compelling figure and in him, we explore the workings of political influence and the potential traps contained therein.

As the story develops, Fernando reveals a political world where causes are adopted when they are useful, people are exploited and discarded, and the truth becomes whatever those in power need it to be. Ordinary people suffer the consequences of decisions made far beyond their reach or knowledge, while those making those decisions continue to justify their actions. Even the people who help keep this world running may not be as important or as safe as they imagine.

Stockwell brings this idea into focus. He recognises corruption in others and willingly takes part in it himself, yet he cannot see that he might also suffer its consequences. Ultimately, he thinks his position will keep him safe. He is intelligent enough to understand the game, but not insightful enough to grasp the limits of his place within it. This blindness gives the novel a strong sense of irony.

The satirical approach gives Fernando room to criticise political hypocrisy without turning the novel into a direct political argument. By using fictional countries and exaggerated names, he creates some distance from specific governments and events while still making the larger targets of the book clear. The humour does not take away from the seriousness of the subject; instead, it makes the cruelty and self-interest beneath the political performance stand out more sharply.

Near the end, Fernando echoes Macbeth with the line, “There is judgment here.” It captures the question running through the novel: can anyone participate in corruption and remain untouched by it? Beneath this satire is a dark story about power and the danger of believing that someone else will always pay the price.

I came away feeling that Outpost of Empire is a valuable and thought-provoking book, particularly in today’s political and social climate. It has a distinctive voice, and the questions it raises about power, responsibility and foreign interference remain relevant far beyond the fictional borders of Lackadasia.
About the Author

Shavindra Fernando has worked as a reporter. He read English & Classics at the University of Peradeniya in Sri Lanka, and took International Relations & Ethnic Politics as a Reuter Fellow at the University of Oxford in England. The Vague Poetess (1999)was his first novel.

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Opinion

Speaker’s dilemma

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The Opposition, in its wisdom (or perhaps stupidity), has submitted yet another No-Confidence Motion (NCM) against the Speaker of Parliament. Perhaps it hopes to score some brownie points in the eyes of the public, which is hardly indifferent to such developments. Yet, knowing full well that the motion is unlikely to succeed, the exercise may well prove futile — akin to banging one’s head against a solid rock.

Nevertheless, the nearly fifty allegations levelled against the Speaker, whether justified or mere mudslinging, cannot simply be brushed aside. Such allegations may well have a bearing on the individual concerned, particularly where it matters most — his conscience — and few would dispute that possibility.

From a protocol standpoint, the Speaker occupies one of the highest positions in the country, ranking third in the hierarchy of state. He consequently belongs to the uppermost echelons of public life, with acquaintances and associates extending across a wide spectrum of society, including diplomats and other distinguished personalities. Such a position carries with it not merely prestige and privilege, but also an onerous responsibility to uphold the dignity and integrity of the office.

As the guardian of Parliament, the Speaker is expected to maintain standards of conduct, impartiality and discipline that are beyond reproach.

Whether the allegations are justifiable or not may be of little consequence to members of the ruling party, who will undoubtedly defend their colleague to the hilt. Nevertheless, the stigma arising from such allegations may prove difficult to erase, particularly in the eyes of his family, close associates and, ultimately, the voters who placed their trust in him. Of course, it is common knowledge that politics can be a dirty game and that, as Lord Acton famously observed, “power tends to corrupt, and absolute power corrupts absolutely.”

Yet, nothing could be more devastating than a person losing his own soul in the process. On the one hand, stepping down could be construed as an admission of responsibility for the allegations levelled against him. On the other, allowing the No-Confidence Motion (NCM) to proceed could expose him to further public scrutiny and potentially inflict lasting damage on his character, dignity and reputation. Thus, he finds himself caught between two unenviable choices, each carrying consequences that may extend far beyond the immediate political fallout.

The Speaker is therefore confronted with a classic Hobson’s choice, with neither option likely to be without consequences. After all, in politics, there are no permanent friends or enemies—only permanent interests.

WILLIAM

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