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Rolling out holistic solution to perennial problem of laws’ delays

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Speech delivered by

M.U.M. Ali Sabry, PC 

Minister of Justice

at the 47th Annual Convocation of the Bar Association of Sri Lanka on the 27t March 2021 at the BMICH.

Your Lordship the Chief Justice, Hon. Attorney General, Your Lordships the judges of the superior courts, the President of the Bar Association and outgoing President, Committee members and my learned friends.

It is a pleasure to be here today, amongst the familiar faces I am used to seeing across the bar table for many years.

Firstly, I would like to extend my warmest congratulations to Mr. Saliya Peiris, President’s Counsel who won the election as well as the newly appointed members of the Exco. The bar has chosen you as its leader, and I wish you the strength and the determination in performing this important task. You carry on your shoulders the responsibility of guiding this noble profession in the years to come, and I have no doubt that you will continue to maintain the traditions of the bar whilst ensuring that the bar remains apolitical and stands up for the rule of law without fear or favour.

The last year has been a tough one, to say the least, and it is commendable that the BASL throughout this period was actively involved in finding solutions to ongoing problems, and was supportive of its members, the judicial administrative staff and litigants. You have done a great job, and I hope to see the good work continue.

The legal profession is one which has no equal. I say this because, there rests on the profession and with it the Bar Association a heavy responsibility to the citizens of this country, and to the country itself. It has a vital role in protecting the rule of law, maintaining the independence of the judiciary and protecting the sovereignty of the country. This responsibility is not a passive one, it is a positive one where there is a need for the legal profession to be at the forefront of positive social change.

To put this in context, as Judge Sanji Monageng, the First Vice-President of the International Criminal Court, in a speech delivered at the The Hague, on 20 November 2012 stated that:

“…the rule of law and the proper administration of justice, of which an independent judiciary and legal profession are prerequisites, play a central role in the promotion and protection of human rights.”

This role has been universally recognized even by the United Nations as enunciated in Principle 16 of the United Nations Basic Principles on the Role of Lawyers.

Lawyers therefore form a core part of the judicial arm of the state. It would be easy to assume by its very wording that the judicial arm consists of judges and courts, but that assumption would be far from the truth. After all, what would be the use of the biggest courthouses or the best judges if the parties can’t be heard? Lawyers are by their very nature officers of court and on many levels the gatekeepers to justice.

The journal article titled “ABA Canons of Professional Ethics” published by the American Bar Association, addressed this very important point. It stated that:

“the stability of Courts and of all departments of government rests upon the approval of the people, it is peculiarly essential that the system for establishing and dispensing Justice be developed to a high point of efficiency and so maintained that the public shall have absolute confidence in the integrity and impartiality of its administration. The future of the Republic, to a great extent, depends upon our maintenance of Justice pure and unsullied.

Thus, the role of a lawyer is not merely one of representing or advising clients for payment. It comes with a high level of responsibility, an overriding need for ethical behaviour, a sense of justice and a national duty. There is an overarching need for the public to have confidence and trust that justice is dispensed from the justice system. In this context, the legal profession has a duty of instilling and maintaining this public confidence and trust in the system.

Looking at the rich history of the legal profession in Sri Lanka, we can be proud of its independence, its contribution to legal jurisprudence and the persons who have come from it over the decades. We have produced world-class lawyers, jurists and judges and have contributed at a disproportionately high level to international law considering the size of our profession.

It would be easy to rest on these laurels and reminisce, and also to be content with the legal profession and the justice administration system as it currently stands, but I believe we need to have a serious reality check. I wasn’t certain that today would be the most suitable place to bring this up, but this is the first opportunity I am getting to talk to my colleagues, the representatives of the judiciary and the official and unofficial bar at the same forum. Therefore, I did not want to miss this opportunity to discuss what, in my opinion, should be front and centre of our journey over the next few years.

As I have mentioned before,

-the average time to enforce a contract in Sri Lanka is 1318 days

-We have been ranked 161 out of 189 countries for the enforcement of contracts

-Our legal system is ranked 5th out of 8 in South Asia.

-Land, Partition and Testamentary cases on average take a generation to be settled.

-A criminal trial takes on average 9 ½ years to conclude in the High Court.

-A criminal matter on average will take a year to be fixed for appeal and 3-4 years for the said appeal to be completed.

We are all very aware that the underlying issues in delay, amongst other matters, is the sheer number of cases before court, and the massive backlog which in turn has resulted in litigation stagnating.

At the end of 2019, there were a total of 766,784 cases pending in our courts, and we had approximately 350 judges to hear these cases. Let us ask ourselves the obvious question – how on earth is an individual judge supposed to manage such a caseload? Even if they were to work 16 hours a day, 7 days a week there would be no logical way to get through this backlog within any reasonable period of time. The outdated laws and the lack of appetite for innovative steps and technological advancement has only served to make matters worse.

This overburdening of judges is reflected in our score on the ‘judges per 1 million population’ index. Countries such as Russia have 242 judges per 1 million population, Germany has 230 and Thailand has 68. India which has been relentlessly criticized for its low number of judges has 20 per million. And our number? 15. Just 15 judges per million population. A reflection of how much of a monumental and humanly impossible task we are expecting our current judiciary to achieve.

These indicators are not just an academic exercise – they reflect the ground reality of the current state of the administration of justice in our country. On a domestic level, the results are quite obvious – how many times have we advised clients at consultations that they need to be ready for a ‘long-haul’ case, and in response to the question ‘how long?’ we have replied ‘years.’ We have been within this system for as long as we can remember, the fact that a case takes years, or the fact that the dates between two trial dates is months does not seem the least bit abnormal to us. We have become desensitized to the plight of our litigants and we do not feel the sting unless it’s one of our own personal cases.

 

This level of delay and inefficiency are not only inconvenient and unfair to the citizens, they have far reaching implications for the future of this Country. Investors are apprehensive about trusting their money in a place with high risk of loss in case of a dispute. Market research of the region prior to any investment would result in investors flocking to the countries high on these indexes, thus we are losing in the long term and we are losing big. Our neighbours understood this early on and started their own competitive drive to rank higher on these indexes and bring the issue of delay and inefficiency of the justice system under control. Take Pakistan for example – in 2018, they were ranked 147 in the ease of doing business index. By 2019, they managed to get to 136. However, from 2019 to 2020 they jumped a staggering 28 places and were ranked 108. This is a clear display of how commitment, focus and drive towards fixing the legal system can result in unthinkable results within a short period of time.

India too has been taking some dynamic strides in its modernization drive. It adopted e-filing earlier on during the pandemic and has commenced a push for digitization of its judicial administration system. In terms of corporate or connected litigation, the Ministry of Corporate Affairs has digitized its entire process and database to the extent that certified copies of Company documents can be obtained through an online process which is admissible evidence in Court.

The United Kingdom is establishing Online Courts which initially was due to the pandemic but will most certainly continue to develop and grow. They also started night sessions for Court hearings to clear the backlog.

In the last few years, Chinese courts have seen rapid developments in online dispute resolution platforms, specialized Internet courts, and the wide use of Artificial Intelligence across the case management and adjudication process in civil and criminal proceedings. They have also adopted other new technologies such as distributed ledgers, blockchain and smart contracts solutions which have been developed and rolled out in specialized courts.

Over the course of 2019, the Estonian Ministry of Justice developed and piloted an artificial intelligence software to hear and decide on small claims disputes less than €7,000.

This is the rapid level at which the other countries have progressed whilst we are still at a stage where cases in the District Court get postponed on multiple occasions, sometimes over a year because summons had not been served on the Post Office so that an employee can give evidence on one postal article receipt to establish that the letter of demand had been sent. Is that not, for lack of a better word, absurd?

Ever since I have taken over the office of the Minister of Justice one common issue is that most of who I meet, across the social and economic spectrum has a complaint about a case which has been pending for years. The Ministry is inundated almost every day with letters by litigants from all over the country complaining about laws’ delays.

We have been comfortable with the status quo for decades, and it’s time we realized that the status quo is just not working. Not only is it not giving any positive results, its actually dragging us backwards by destroying the public trust and confidence that is a pre-requisite for the judicial administration system of the country to function.

We must find a way out of this. It is time that we in Sri Lanka take a page out the books of these countries. It is encouraging that over the last few months we have taken steps towards achieving this. The E-hearing rules issued by the Supreme Court, the provisions made for E-filing as well as the adoption of giving bail online by the Magistrate’s Court are important steps in the right direction. This, however, is not going to be enough. It is vital that we look at a complete structural change from end to end and roll it out in a targeted and efficient way. We have to stop looking at the legal profession as one which exists solely for the sustenance of its members, but as one which plays a much more important role as a public centric body which is driving the justice system forward – one which is ready to innovate, to evolve and to take the right decisions at the right time to create a paradigm shift in the administration of justice. This shift should not be merely one which is a marginal improvement of numbers and statistics – it should be a shift which is felt at the ground level. One where litigants feel that litigation will bring them justice, and it will bring it to them faster than before.

Hence, it is a priority of the government to roll out a holistic solution to this perennial problem of laws’ delays and to resolve this issue.

One which would be a game-changer is to put in motion a practical strategy to take a massive leap in the efficiency of hearing cases. Sri Lanka has close to 800,000 pending cases at the moment and there is no strategy for them in terms of time to conclude. We have to bring in a practical timeline for a disposal of a case and work backwards and put the pieces of the puzzle together to achieve that goal. The future of litigation is in smaller smart courts which can parallelly hear a multitude of cases in a single location, whilst also allocating specific time slots for cases to avoid unnecessary delay to the litigant and lawyer.

In pursuance of this, we are determined to double the number of judges within the next 5 years. As you are aware, the House of Justice project was launched a few weeks ago, and we hope to have the first tower constructed within a short period of time. Pre-trial procedure is to be streamlined and revamped so that it would serve a key factor in cutting down litigation time. The establishment of a ‘Small Claims Court’ is being planned and Debt Conciliation and mediation are being considered as mainstream solutions working in tandem with the courts. One of the vital reforms that are coming in is Digitization and Court automation which is currently at the procurement stage.

There has also been key progress made over the last few months. The increase of Supreme Court and Court of Appeal judges was the first such increase in over 40 years. Justice sector reform has been allocated a record 20 billion from the budget which reflects the largest ever commitment by a government towards the reform of the justice sector. Just earlier this week I was informed by the Government Analyst’s Department that the backlog of outstanding reports numbering approximately 8000 had been cleared in the four months even in the midst of the pandemic due to a multi-pronged approach which we have introduced since then. The measures taken include increasing the cadre, working on two shifts, digitizing the expertise from other institutions and dedicated supervision by a sector specialist.

What this shows is that with commitment, a steel will and the ability to get out of your comfort zone unthinkable results can be achieved within very short periods of time. We should no longer think of fixing this system as a long drawn out, arduous process for our successors to deal with – we have to think of it as something we are capable of doing here and now.

It’s time we looked at moving away from our all too familiar 9.30 or 10.00 am start in Court where everyone sits around waiting for the case to be taken up. This is just not sustainable anymore, and it seriously cuts into the lawyers’ and litigants’ productivity. We should not be afraid to innovate and think out-of-the-box in terms of how we can solve the issues that are being faced – its time we look at case management and allocation of time slots for hearings. Its time we that we hear cases online and embrace technology to shorten delays in matters such as serving of summons and the proving of documents. We must think about reforming our legal system as a whole to be more technological – from sharing calendars to determine the dates of a hearing to the maintenance of records, we need to reduce the dependency on manual processes. Its time we adopted procedures and techniques such as skeleton arguments to cut down the time taken for a hearing. These are all steps that other countries have taken, for which they have been rewarded with judicial administration systems that have pushed their countries forward. My question to you is, If Singapore, Malaysia, Korea and so many others can reinvent themselves, why can’t we?

These reforms will be far reaching, and if they are seen through will permanently change the landscape of the profession and this country. We need to make this happen, and for that we need to work together towards this common goal. The process may not be a walk in the park, and it would certainly have some initial creases that to be ironed out, but if we can commit to what is needed to be done, I am certain we can pull this off. I am aware that the best of ideas and progress can fall to abeyance if you have to swim against the tide, which is why I hope that the bar and its members will cooperate with us to achieve this.

The road to make these changes may test our will, may require us to get out of our comfort zone, to go that extra mile and to commit to breaking the status quo.

Let us be remembered as the generation of lawyers and judges that took this country to the next level and the ones that put our justice system on the map. We have the opportunity to make the paradigm shift, and we must go for it with our heart and soul.

Let’s get this done.



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Features

Democracy faces tougher challenges as political Right beefs-up presence

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An anti-Hamas people’s protest in the Gaza. (BBC)

It is becoming increasingly evident that the democracy-authoritarianism division would be a major polarity in international politics going forward. It shouldn’t come as a surprise if quite a few major states of both East and West gain increasing inspiration from the ‘world’s mightiest democracy’ under President Donald Trump from now on and flout the core principles of democratic governance with impunity.

It is the political Right that would gain most might in this evolving new scheme of things. Whether it be the US itself, France, Israel or Turkey, to name just a few countries in the news, it is plain to see that the Right is unleashing its power with hardly a thought for the harm being done to key democratic institutions and norms.

In fact, Donald Trump and his Republican hard liners led from the front, so to speak, in this process of unleashing the power of the Right in contemporary times. It remains a very vital piece of history that the Right in the US savaged democracy’s most valued institutions on January 6, 2021, when it ran amok with the tacit backing of Trump in the US Capitol.

What was being challenged by the mob most was the ‘will of the people’ which was manifest in the latter’s choice of Joe Biden as US President at the time. To date Trump does not accept that popular verdict and insists that the election in question was a flawed one. He does so in the face of enlightened pronouncements to the contrary.

The US Right’s protégé state, Israel, is well on course to doing grave harm to its democratic institutions, with the country’s judiciary being undermined most. To cite two recent examples to support this viewpoint, the Israeli parliament passed a law to empower the country’s election officials to appoint judges, while Prime Minister Netanyahu has installed the new head of the country’s prime security agency, disregarding in the process a Supreme Court decision to retain the former head.

Such decisions were made by the Netanyahu regime in the face of mounting protests by the people. While nothing new may be said if one takes the view that Israel’s democratic credentials have always left much to be desired, the downgrading of a democratic country’s judiciary is something to be sorely regretted by democratic opinion worldwide. After all, in most states, it is the judiciary that ends up serving the best interests of the people.

Meanwhile in France, the indications are that far Right leader Marine Le Pen would not be backing down in the face of a judicial verdict that pronounces her guilty of corruption that may prevent her from running for President in 2027. She is the most popular politician in France currently and it should not come as a surprise if she rallies further popular support for herself in street protests. Among other things, this will be proof of the growing popular appeal of the political Right. Considering that France has been a foremost democracy, this is not good news for democratic opinion.

However, some heart could be taken from current developments in the Gaza and Turkey where the people are challenging their respective dominant governing forces in street protests largely peacefully. In the Gaza anti-Hamas protests have broken out demanding of the group to step down from power, while in Turkey, President Erdogan’s decades-long iron-fist rule is being challenged by pro-democracy popular forces over the incarceration of his foremost political rival.

Right now, the Turkish state is in the process of quashing this revolt through a show of brute force. Essentially, in both situations the popular demand is for democracy and accountable governance and such aims are generally anathema in the ears of the political Right whose forte is repressive, dictatorial rule.

The onus is on the thriving democracies of the world to ensure that the Right anywhere is prevented from coming to power in the name of the core principles and values of democracy. Right now, it is the European Union that could fit into this role best and democratic opinion is obliged to rally behind the organization. Needless to say, peaceful and democratic methods should be deployed in this historic undertaking.

Although the UN is yet to play an effective role in the current international situation, stepped up efforts by it to speed up democratic development everywhere could yield some dividends. Empowerment of people is the goal to be basically achieved.

Interestingly, the Trump administration could be seen as being in league with the Putin regime in Russia at present. This is on account of the glaringly Right wing direction that the US is taking under Trump. In fact, the global balance of political forces has taken an ironic shift with the hitherto number one democracy collaborating with the Putin regime in the latter’s foreign policy pursuits that possess the potential of plunging Europe into another regional war.

President Trump promised to bring peace to the Ukraine within a day of returning to power but he currently is at risk of cutting a sorry figure on the world stage because Putin is far from collaborating with his plans regarding Ukraine. Putin is promising the US nothing and Ukraine is unlikely to step down from the position it has always held that its sovereignty, which has been harmed by the Putin regime, is not negotiable.

In fact, the China-Russia alliance could witness a firming-up in the days ahead. Speculation is intense that the US is contemplating a military strike on Iran, but it would face strong opposition from China and Russia in the event of such an adventurist course of action. This is on account of the possibility of China and Russia continuing to be firm in their position that Western designs in the Gulf region should be defeated. On the other hand, Iran could be expected to hit back strongly in a military confrontation with the US.

Considering that organizations such as the EU could be expected to be at cross-purposes with the US on the Ukraine and connected questions, the current world situation could not be seen as a replication of the conventional East-West polarity. The East, that is mainly China and Russia, is remaining united but not so the West. The latter has broadly fragmented into a democratic states versus authoritarian states bipolarity which could render the international situation increasingly unstable and volatile.

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Chikungunya Fever in Children

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Chikungunya fever, a viral disease transmitted by mosquitoes, poses a significant health concern, particularly for children. It has been around in Sri Lanka sporadically, but there are reports of an increasing occurrence of it in more recent times. While often associated with debilitating joint pain in adults, its manifestations in children can present unique challenges. Understanding the nuances of this disease is crucial for effective management and prevention.

Chikungunya fever is caused by the chikungunya virus (CHIKV), an alphavirus transmitted to humans through the bites of infected Aedes aegypti and Aedes albopictus mosquitoes. These are the same mosquitoes that transmit dengue and Zika viruses, highlighting the overlapping risks in many areas of the world. It is entirely possible for chikungunya and dengue to co-circulate in the same area, leading to co-infections in individuals.

When a mosquito bites a person infected with CHIKV, it ingests the virus. After a period of growth and multiplication of the virus within the mosquito, the virus can be transmitted to another person through subsequent bites. Therefore, the mosquito acts as a vector or an intermediate transmitting agent that spreads the disease, but not as a reservoir of the disease. The spread of chikungunya is influenced by environmental factors that support mosquito breeding, such as stagnant water and warm climates. Urbanization and poor sanitation can exacerbate the problem by creating breeding grounds for these mosquitoes.

The clinical presentation of chikungunya in children can vary, ranging from mild to severe. While some infected children may even be asymptomatic and be normal for all intents and purposes, others can experience a range of symptoms, including a sudden onset of high fever, a common initial symptom. Pain in the joints of the body, while being a hallmark of chikungunya in adults, may be less pronounced in children. However, they can still experience significant discomfort and this must be kept in mind during processes of diagnosis and treatment. It is also important to remember that joint pains can present in various forms, as well as in different locations of the body. There is no characteristic pattern or sites of involvement of joints. Muscle aches and pains can accompany the fever and joint pain as well. A headache, too, could occur at any stage of the disease. Other symptoms may include nausea, vomiting, and fatigue as well.

A reddish elevated rash, referred to in medical jargon as a maculopapular rash, is frequently observed in children, sometimes more so than in adults. While chikungunya is known to cause such a rash, there is a specific characteristic related to nasal discoloration that is worth noting. It is called the “Chik sign” or “Brownie nose” and refers to an increased darkening of the skin, particularly on the nose. This discolouration just appears and is not associated with pain or itching. It can occur during or after the fever, and it can be a helpful clinical sign, especially in areas with limited diagnostic resources. While a generalised rash is a common symptom of chikungunya, a distinctive darkening of the skin on the nose is a particular characteristic that has been observed.

In some rare instances, particularly in infants and very young children, chikungunya can lead to neurological complications, such as involvement of the brain, known as encephalitis. This is associated with a change in the level of alertness, drowsiness, convulsions and weakness of limbs. Equally rarely, some studies indicate that children can experience bleeding tendencies and haemorrhagic manifestations more often than adults.

Diagnosis is typically made through evaluating the patient’s symptoms and medical history, as well as by special blood tests that can detect the presence of CHIKV antibodies (IgM and IgG) or the virus itself through PCR testing.

There is no specific antiviral treatment for chikungunya. Treatment focuses on relieving symptoms and allowing the body to recover on its own. Adequate rest is essential for recovery, and maintaining hydration is crucial, especially in children with fever. Paracetamol in the correct dosage can be used to reduce fever and pain. It is important to avoid aspirin, as it can increase the risk of a further complication known as Reye’s syndrome in children. In severe cases, hospitalisation and supportive care may be necessary.

While most children recover from chikungunya without any major issues, some may experience long-term sequelae. Joint pain can persist for months or even years in some individuals, impacting their quality of life. In rare cases, chikungunya can lead to chronic arthritis. Children that have suffered from neurological complications can have long term effects.

The ultimate outcome or prognosis for chikungunya in children is generally favourable. Most children recover fully within a few days or a couple of weeks. However, the duration and severity of symptoms can vary quite significantly.

Prevention is key to controlling the spread of chikungunya. Mosquito control is of paramount importance. These include eliminating stagnant water sources where mosquitoes breed, using mosquito repellents, wearing long-sleeved clothing and pants, using mosquito nets, especially for young children and installing protective screens on windows and doors. While a chikungunya vaccine is available, its current use is mainly for adults, especially those traveling to at risk areas. More research is being conducted for child vaccinations.

Chikungunya outbreaks can strain healthcare systems and have significant economic consequences. Public health initiatives aimed at mosquito control and disease surveillance are crucial for preventing and managing outbreaks.

Key considerations for children are that some of them, especially infants and young children, are more vulnerable to severe chikungunya complications and early diagnosis and supportive care are essential for minimising the risk of long-term sequelae. Preventing mosquito bites is the most effective way to protect children from chikungunya. By understanding the causation, clinical features, treatment, and prevention of chikungunya, parents, caregivers, and healthcare professionals can work together to protect children from this illness that could sometimes be quite debilitating.

Dr B. J. C. Perera 

MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paed), MRCP(UK), FRCP(Edin), FRCP(Lond), FRCPCH(UK), FSLCPaed, FCCP, Hony. FRCPCH(UK), Hony. FCGP(SL)

Specialist Consultant Paediatrician and Honorary Senior Fellow, Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.

Joint Editor, Sri Lanka Journal of Child Health and Section Editor, Ceylon Medical Journal

Founder President, Sri Lanka College of Paediatricians – 1996-97)

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The Great and Little Traditions and Sri Lankan Historiography

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Prof. Obeyesekere

Power, Culture, and Historical Memory:

(Continued from yesterday)

Newton Gunasinghe, a pioneering Sri Lankan sociologist and Marxist scholar, made significant contributions to the study of culture and class in Sri Lanka by incorporating the concepts of great and little traditions within an innovative Marxist framework. His theoretical synthesis offered historians a fresh perspective for evaluating the diversity of past narratives.

At the same time, Michel Foucault’s philosophical intervention significantly influenced the study of historical knowledge. In particular, two of his key concepts have had a profound impact on the discipline of history:

1. The relationship between knowledge and power – Knowledge is not merely an objective truth but a manifestation of the power structures of its time.

2. The necessity of considering the ‘other’ in any conceptual construction – Every idea or framework takes shape in relation to its opposite, highlighting the duality inherent in all intellectual constructs.

These concepts challenged historians to rethink their approaches, prompting them to explore the dynamic interplay between knowledge, power, and culture. The existence of Little Tradition prompted historians to pay attention to ‘other’ histories.

The resurgence of ethnic identities and conflicts has brought renewed attention to the dichotomy of culture, steering the discourse in a new direction. The ethnic resurgence raises three key issues. First, the way non-dominant cultures interpret the past often differs from the narratives produced by dominant cultures, prompting the question: What is historical truth? Second, it underscores the importance of studying the histories of cultural identities through their own perspectives. Finally, and most importantly, it invites reflection on the relationship between ‘Little Traditions’ and the ‘Great Tradition’—how do these ‘other’ histories connect to broader historical narratives?

When the heuristic construct of the cultural dichotomy is applied to historical inquiry, its analytical scope expands far beyond the boundaries of social anthropology. In turn, it broadens the horizons of historical research, producing three main effects:

1. It introduces a new dimension to historical inquiry by bringing marginalised histories to the forefront. In doing so, it directs the attention of professional historians to areas that have traditionally remained outside their scope.

2. It encourages historians to seek new categories of historical sources and adopt more innovative approaches to classifying historical evidence.

3. It compels historians to examine the margins in order to gain a deeper understanding of the center.

The rise of a new theoretical school known as Subaltern Studies in the 1980s provided a significant impetus to the study of history from the perspective of marginalised and oppressed groups—those who have traditionally been excluded from dominant historical narratives and are not linked to power and authority. This movement sought to challenge the Eurocentric and elitist frameworks that had long shaped the study of history, particularly in the context of colonial and postcolonial societies. The writings of historians such as Ranajit Guha and Eric Stokes played a pioneering role in opening up this intellectual path. Guha, in particular, critiqued the way history had been written from the perspective of elites—whether colonial rulers or indigenous upper classes—arguing that such narratives ignored the agency and voices of subaltern groups, such as peasants, laborers, and tribal communities.

Building upon this foundation, several postcolonial scholars further developed the critical examination of power, knowledge, and representation. In her seminal essay Can the Subaltern Speak?, Gayatri Chakravorty Spivak questioned whether marginalized voices—especially those of subaltern women—could truly be represented within dominant intellectual and cultural frameworks, or whether they were inevitably silenced by hegemonic. Another major theorist in this field, Homi Bhabha, also focused on the relationship between knowledge and social power relations. His analysis of identity formation under colonialism revealed the complexities of power dynamics and how they persist in postcolonial societies.

Together, these scholars significantly reshaped historical and cultural studies by emphasising the voices and experiences of those previously ignored in dominant narratives. Their work continues to influence contemporary debates on history, identity, and the politics of knowledge production.

The Sri Lankan historiography from very beginning consists of two distinct yet interrelated traditions: the Great Tradition and the Little Traditions. These traditions reflect different perspectives, sources, and modes of historical transmission that have influenced the way Sri Lanka’s past has been recorded and understood. The Great Tradition refers to the formal, written historiography primarily associated with elite, religious, and state-sponsored chronicles. The origins of the Great Tradition of historiography directly linked to the introduction of Buddhism to the island by a mission sent by Emperor Asoka of the Maurya dynasty of India in the third century B.C. The most significant sources in this tradition include the Mahāvaṃsa, Dīpavaṃsa, Cūḷavaṃsa, and other Buddhist chronicles that were written in Pali and Sanskrit. These works, often compiled by Buddhist monks, emphasise the island’s connection to Buddhism, the role of kingship, and the concept of Sri Lanka as a sacred land linked to the Buddha’s teachings. The Great Tradition was influenced by royal patronage and aimed to legitimise rulers by presenting them as protectors of Buddhism and the Sinhala people.

In contrast, the Little Tradition represents oral histories, folk narratives, and local accounts that were passed down through generations in vernacular languages such as Sinhala and Tamil. These traditions include village folklore, ballads, temple stories, and regional histories that were not necessarily written down but played a crucial role in shaping collective memory. While the Great Tradition often portrays a centralised, Sinhala-Buddhist perspective, the Little Tradition captures the diverse experiences of various communities, including Tamils, Muslims.

What about the history of those who are either unrepresented or only marginally represented in the Great Tradition? They, too, have their own interpretations of the past, independent of dominant narratives. Migration from the four corners of the world did not cease after the 3rd century BC—so what about the cultural traditions that emerged from these movements? Can we reduce these collective memories solely to the Sokari Nadagams?

The Great Traditions often celebrate the history of the ruling or majority ethnic group. However, Little Traditions play a crucial role in preserving the historical memory and distinct identities of marginalised communities, such as the Vedda and Rodiya peoples. Beyond caste history, Little Traditions also reflect the provincial histories and historical memories of peripheral communities. Examples include the Wanni Rajawaliya and the Kurunegala Visthraya. The historical narratives presented in these sources do not always align with those of the Great Tradition.

The growth of caste histories is a key example of Little Historical Traditions. Jana Wansaya remains an important source in this context. After the 12th century, many non-Goigama castes in Sri Lanka preserved their own oral historical traditions, which were later documented in written form. These caste-based histories are significant because they provide a localised, community-centered perspective on historical developments. Unlike the dominant narratives found in the Great Tradition, they capture the social, economic, and cultural transformations experienced by different caste groups. For instance, the Karava, Salagama, and Durava castes have distinct historical narratives that have been passed down through generations.

Ananda S. Kulasuriya traced this historical tradition back to the formal establishment of Buddhism, noting that it continued even after the decline of the Polonnaruwa Kingdom. He identified these records as “minor chronicles” and classified them into three categories: histories of the Sangha and Sasana, religious writings of historical interest, and secular historical works. According to him, the first category includes the Pujavaliya, the Katikavatas, the Nikaya Sangrahaya, and the Sangha Sarana. The second category comprises the Thupavamsa, Bodhi Vamsa, Anagatha Vamsa, Dalada Sirita, and Dhatu Vamsa, along with the two Sinhalese versions of the Pali Hatthavanagalla Vihara Vamsa, namely the Ehu Attanagalu Vamsa and the Saddharma Ratnakaraya. The third category consists of works that focus more on secular events than religious developments, primarily the Rajavaliya. Additionally, this category includes the Raja Ratnakaraya and several minor works such as the Sulu Rajavaliya, Vanni Rajavaliya, Alakesvara Yuddhaya, Sri Lanka Kadaim Pota, Kurunegala Vistaraya, Buddharajavaliya, Bamba Uppattiya, Sulu Pujavaliya, Matale Kadaim Pota, Kula Nitiya, and Janavamsaya (Kulasuriya, 1978:5). Except for a few mentioned in the third category, all other works are products of the Great Historical tradition.

Over the last few decades, Gananath Obeyesekera has traversed the four corners of Sri Lanka, recovering works of the Little Historical Traditions and making them accessible for historical inquiry, offering a new lens through which to reread Sri Lankan history. Obeyesekera’s efforts to recover the Little Historical Traditions remind us that history is never monolithic; rather, it is a contested space where power, culture, and memory continuously shape our understanding of the past. By bringing the Little Historical Traditions into the fold of Sri Lankan historiography, Obeyesekera challenges us to move beyond dominant narratives and embrace a more pluralistic understanding of the past. The recovery of these traditions is not just an act of historical inquiry but a reminder that power shapes what we remember—and what we forget. Sri Lankan history, like all histories, is a dialogue between great and little traditions and it is to engage both of them. His latest work, The Doomed King: A Requiem for Sri Vikrama Rajasinghe, is a true testament to his re-reading of Sri Lankan history.

BY GAMINI KEERAWELLA

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