Opinion
TNA seeks an ‘almost separate state’
The TNA has submitted its proposals to the Experts Committee appointed to draft a new Constitution (The Island 04.01.2021). What it has asked for is far in excess of devolution granted by the 13th Amendment. The powers that are demanded exceed those granted to the states in India, which is a federal country. They seem to have forgotten that they also must show some conciliatory attitude, when everybody is talking about reconciliation and communal harmony. They must know what is possible and what is not. They must know that extremism begets extremism. There are on both sides of the divide people, with extremist points of view on sensitive matters like land, language, religion, etc. If peace and harmony among communities are the desired goals of everybody, particularly political leaders, they have to be more flexible. Asking for more and more following on the steps of SJVC who adopted a “little now and more later” policy will not help.
The TNA has asked for Regional Councils, virtually with all the powers except defence. The Executive presidency is to be abolished, and all executive powers are to be taken over by the Cabinet of Ministers. The president would be a figurehead. The governor of the regional council, who will be appointed on the recommendation of the chief minister, will not hold executive powers, and these would be taken over by the ministers of the proposed regional council. Nature of the state obviously will not be unitary but united. These powers, if granted, would be far in excess of those granted under the 13th A.
The proposed regional council would obviously comprise North and East merged as envisaged in the original 13th A. These two provinces were demerged by an order of the Supreme Court on the 16th October 2006, which declared that proclamations issued by President J. R. Jayawardene, temporarily extending the tenure of the merged North-Eastern Province were null and void, and had no legal effect. The proclamations by JRJ were necessitated due to the fact that a referendum on the merger was not held as required by the 13th A. It was well known that the Muslims and the Sinhalese in the Eastern Province were against a merger. However if a referendum had been held in the two provinces together, the vote would have been in favour of a merger as Tamils would be a majority when the two provinces joined for the referendum. However the Sinhalese leaders did not want to merge these two provinces as it would go against the interests of the Muslims and Sinhalese. TNA does not seem to have taken these issues and their implications into serious consideration. They seem to be still stuck in their four Thimphu principles.
The TNA proposals have to be seen as an attempt to delink their areas of habitation as much as possible from the writ of the central government. It seems that the proposal is to devolve to the Regional Council all powers and functions that can be carried out at the level of the regions on the basis of the principle of “subsidiarity”. It is on the basis of a similar conceptual framework that the separatists have been agitating for an independent state in the Northern and Eastern provinces since 1972. The principle of subsidiarity is defined as “the principle that the central authority should have a subsidiary function, performing only those tasks which cannot be performed at a more local level”. Obviously, subsidiarity may be suitable for big countries but could be an unnecessary financial burden on small countries like Sri Lanka.
The powers the TNA has asked for include those pertaining to land and police. Land is a subject under the 13th A that had given rise to controversial rulings by the Supreme Court. Once it held that state land can be utilized by the Provincial Councils for their projects, but later in 2011 it ruled that state land should remain under the ownership of the central government for the utilization at national level. Police powers had not been allowed to be taken over by the PCs though it is provided in the 13th A. These two subjects, if devolved, could give a PC that has a centrifugal tendency much leverage to work towards its goal. For instance an independent police force could engage in subterfuge and subversion with the connivance of the provincial politicians. A terrorist who commits an act of terror in the South could escape into the North, and find refuge. We must not forget that separatism and terrorism have not been totally eliminated in this country.
The TNA proposals tend to change the nature of the state quite significantly, and also the single sovereignty of the people in Sri Lanka. In the present constitution, people’s sovereignty is reposed in the executive president by people’s franchise. The President may delegate his executive powers to other institutions such as the ministers, and also in accordance with the 13th A to the governors he appoints to the provincial councils. By abolishing the executive presidency, the need for an executive governor who represents the president — forming a link between the centre and the periphery is got rid of. The executive powers of the governor are to be taken over by the ministers of the RC.
The TNA proposals seek to do away with the concurrent list of subjects that come under the purview of both the central government and the regional councils. This is another delinking measure that TNA wants to be adopted, to strengthen the autonomy and independence of their regional government. Such an arrangement would be federal in nature, no matter what it may be called.
Worse, it would be a federal state based on ethnic lines. It has not been very successful in countries where it was tried, eg. Ethiopia, Pakistan, South Sudan.
Liam D Anderson, who has done an in-depth study of the subject, concludes that Ethno-federalism is the worst form of institutional arrangement (2016).
The TNA seeks to get more than federalism as can be seen from its demand for powers to deal directly with foreign countries for aid, loans and investment. What the TNA is asking for is almost a separate state. If all these powers are granted, their struggle to strengthen the case for the legal establishment of a separate state would succeed to a great degree.
The TNA proposals, if granted, would have adverse effects not only on Muslims and Sinhalese living in the North and East, but also on Tamils. These adverse effects would be felt mainly in the economic, social and cultural spheres. Tamils have a huge economic interest in the South, in the Sinhalese community. Cordial relations between communities is essential for the development of economic connections. For instance the wholesale market in Colombo, in which the Tamils have a huge presence, cannot thrive unless there is trust and understanding among different communities involved in this business. A political rupture in the sensitive areas like land, language, religion could affect their relations.
The Muslims and Sinhalese who live in the North and East would feel that they have been made minorities, and may be subject to discrimination. Such sentiments would not help reconciliation, but promote discord. Social and cultural relationships will be hampered and the whole country may not progress very much socially, culturally and economically.
It is time the TNA took into consideration the present realities and also politics in the Tamil areas. Adopting a more extremist posture in an attempt to boost its flagging popularity is not what is needed. What is needed is a course correction, and develop reconciliation strategies that would be beneficial to the Tamils who live not only in the North and also elsewhere so that everybody could get together and develop their country.
N.A.de S. AMARATUNGA
Opinion
Why so unbuddhist?
Hardly a week goes by, when someone in this country does not preach to us about the great, long lasting and noble nature of the culture of the Sinhala Buddhist people. Some Sundays, it is a Catholic priest that sings the virtues of Buddhist culture. Some eminent university professor, not necessarily Buddhist, almost weekly in this newspaper, extols the superiority of Buddhist values in our society. Some 70 percent of the population in this society, at Census, claim that they are Buddhist in religion. They are all capped by that loud statement in dhammacakka pavattana sutta, commonly believed to have been spoken by the Buddha to his five colleagues, when all of them were seeking release from unsatisfactory state of being:
‘….jati pi dukkha jara pi dukkha maranam pi dukkham yam pi…. sankittena…. ‘
If birth (‘jati’) is a matter of sorrow, why celebrate birth? Not just about 2,600 years ago but today, in distant port city Colombo? Why gaba perahara to celebrate conception? Why do bhikkhu, most prominent in this community, celebrate their 75th birthday on a grand scale? A commentator reported that the Buddha said (…ayam antima jati natthi idani punabbhavo – this is my last birth and there shall be no rebirth). They should rather contemplate on jati pi dukkha and anicca (subject to change) and seek nibbana, as they invariably admonish their listeners (savaka) to do several times a week. (Incidentally, Buddhists acquire knowledge by listening to bhanaka. Hence savaka and bhanaka.) The incongruity of bhikkhu who preach jati pi duklkha and then go to celebrate their 65th birthday is thunderous.
For all this, we are one of the most violent societies in the world: during the first 15 days of this year (2026), there has been more one murder a day, and just yesterday (13 February) a youngish lawyer and his wife were gunned down as they shopped in the neighbourhood of the Headquarters of the army. In 2022, the government of this country declared to the rest of the world that it could not pay back debt it owed to the rest of the world, mostly because those that governed us plundered the wealth of the governed. For more than two decades now, it has been a public secret that politicians, bureaucrats, policemen and school teachers, in varying degrees of culpability, plunder the wealth of people in this country. We have that information on the authority of a former President of the Republic. Politicians who held the highest level of responsibility in government, all Buddhist, not only plundered the wealth of its citizens but also transferred that wealth overseas for exclusive use by themselves and their progeny and the temporary use of the host nation. So much for the admonition, ‘raja bhavatu dhammiko’ (may the king-rulers- be righteous). It is not uncommon for politicians anywhere to lie occasionally but ours speak the truth only more parsimoniously than they spend the wealth they plundered from the public. The language spoken in parliament is so foul (parusa vaca) that galleries are closed to the public lest school children adopt that ‘unparliamentary’ language, ironically spoken in parliament. If someone parses the spoken and written word in our society, there is every likelihood that he would find that rumour (pisuna vaca) is the currency of the realm. Radio, television and electronic media have only created massive markets for lies (musa vada), rumour (pisuna vaca), foul language (parusa vaca) and idle chatter (samppampalapa). To assure yourself that this is true, listen, if you can bear with it, newscasts on television, sit in the gallery of Parliament or even read some latterday novels. There generally was much beauty in what Wickremasinghe, Munidasa, Tennakone, G. B. Senanayake, Sarachchandra and Amarasekara wrote. All that beauty has been buried with them. A vile pidgin thrives.
Although the fatuous chatter of politicians about financial and educational hubs in this country have wafted away leaving a foul smell, it has not taken long for this society to graduate into a narcotics hub. In 1975, there was the occasional ganja user and he was a marginal figure who in the evenings, faded into the dusk. Fifty years later, narcotics users are kingpins of crime, financiers and close friends of leading politicians and otherwise shakers and movers. Distilleries are among the most profitable enterprises and leading tax payers and defaulters in the country (Tax default 8 billion rupees as of 2026). There was at least one distillery owner who was a leading politician and a powerful minister in a long ruling government. Politicians in public office recruited and maintained the loyalty to the party by issuing recruits lucrative bar licences. Alcoholic drinks (sura pana) are a libation offered freely to gods that hold sway over voters. There are innuendos that strong men, not wholly lay, are not immune from seeking pleasures in alcohol. It is well known that many celibate religious leaders wallow in comfort on intricately carved ebony or satin wood furniture, on uccasayana, mahasayana, wearing robes made of comforting silk. They do not quite observe the precept to avoid seeking excessive pleasures (kamasukhallikanuyogo). These simple rules of ethical behaviour laid down in panca sila are so commonly denied in the everyday life of Buddhists in this country, that one wonders what guides them in that arduous journey, in samsara. I heard on TV a senior bhikkhu say that bhikkhu sangha strives to raise persons disciplined by panca sila. Evidently, they have failed.
So, it transpires that there is one Buddhism in the books and another in practice. Inquiries into the Buddhist writings are mainly the work of historians and into religion in practice, the work of sociologists and anthropologists. Many books have been written and many, many more speeches (bana) delivered on the religion in the books. However, very, very little is known about the religion daily practised. Yes, there are a few books and papers written in English by cultural anthropologists. Perhaps we know more about yakku natanava, yakun natanava than we know about Buddhism is practised in this country. There was an event in Colombo where some archaeological findings, identified as dhatu (relics), were exhibited. Festivals of that nature and on a grander scale are a monthly regular feature of popular Buddhism. How do they fit in with the religion in the books? Or does that not matter? Never the twain shall meet.
by Usvatte-aratchi
Opinion
Hippocratic oath and GMOA
Almost all government members of the GMOA (the Government Medical Officers’ Association). Before joining the GMOA Doctors must obtain registration with Sri Lanka Medical Council (SLMC) to practice medicine. This registration is obtained after completing the medical studies in Sri Lanka and completing internship.
The SLMC conducts an Examination for Registration to Practise Medicine in Sri Lanka (ERPM) – (Formerly Act 16 in conjunction with the University Grants Commission (UGC), which the foreign graduates must pass. Then only they can obtain registration with SLMC.
When obtaining registration there are a few steps to follow on the as stated in the “
GUIDELINES ON ETHICAL CONDUCT FOR MEDICAL & DENTAL PRACTITIONERS REGISTERED WITH THE SRI LANKA MEDICAL COUNCIL” This was approved in July 2009, and I believe is current at the time of writing this note. To practice medicine, one must obtain registration with the SLMC and complete the oath formality. For those interested in reading it on the web, the reference is as follows.
https://slmc.gov.lk/images/PDF_Main_Site/EthicalConduct2021-12.pdf
I checked this document to find the Hippocratic Oath details. They are noted on page 5. The pages 6 & 7 provide the draft oath form that every Doctor must complete with his/her details. Oath must be administered by
the Registrar/Asst. Registrar/President/ Vice President or Designated Member of the Sri Lanka Medical Council and signed by the Doctor.
Now I wish to quote the details of the oath.
I solemnly pledge myself to dedicate my life to the service of humanity;
The health of my patient will be my primary consideration and I will not use my profession for exploitation and abuse of my patient;
I will practice my profession with conscience, dignity, integrity and honesty;
I will respect the secrets which are confided in me, even after the patient has died;
I will give to my teachers the respect and gratitude, which is their due;
I will maintain by all the means in my power, the honour and noble traditions of the medical profession;
I will not permit considerations of religion, nationality, race, party politics, caste or social standing to intervene between my duty and my patient;
I wish to ask the GMOA officials, when they engage in strike action, whether they still comply with the oath or violate any part of the oath that even they themselves have taken when they obtained registration from the SLMC to practise medicine.
Hemal Perera
Opinion
Where nature dared judges hid
Dr. Lesego the Surgical Registrar from Lesotho who did the on-call shift with me that night in the sleepy London hospital said a lot more than what I wrote last time. I did not want to weaken the thrust of the last narrative which was a bellyful for the legal fraternity of south east Asia and Africa.
Lesego begins, voice steady and reflective, “You know… he said, in my father’s case, the land next to Maseru mayor’s sunflower oil mill was prime land. The mayor wanted it. My father refused to sell. That refusal set the stage for everything that followed.
Two families lived there under my dad’s kindness. First was a middle-aged man, whose descendants still remain. The other was an old destitute woman. My father gave her timber, wattle, cement, Cadjan, everything free, to build her hut. She lived peacefully for two years. Then having reconciled with her once estranged daughter wanted to leave.
She came to my father asking for money for the house. He said: ‘I gave you everything free. You lived there for two years completely free and benefitting from the produce too. And now you ask for money? Not a cent.’ In hindsight, that refusal was harsh. It opened the door for plunderers. The old lady ‘sold’ the hut to Pule, the mayor’s decoy. Soon, Pule and his fellow compatriots, were to chase my father away while he was supervising the harvesting of sunflowers.
My father went to court in September 1962, naming Thasoema, the mayor, his Chief clerk, and the trespassers as respondents. The injunction faltered for want of an affidavit, and under a degree of compulsion by the judge and the attending lawyers, my father agreed to an interim settlement of giving away the aggressors total possession with the proviso that they would pay the damages once the court culminates the case in his favour. This was the only practical alternative to sharing the possession with the adversaries.
From the very beginning, the dismissals and flimsy rulings bore the fingerprints of extra‑judicial mayoral influence. Judges leaned on technicalities, not justice. They hid behind minutiae.
Then nature intervened. Thasoema, the mayor, hale and hearty, died suddenly of what looked like choking on coconut sap which later turned out to be a heart attack. His son Teboho inherited the case. Months later, the Chief clerk also died of a massive heart attack, and his son took his place. Even Teboho, the mayor’s young son of 30 years died, during a routine appendectomy, when the breathing tube was wrongly placed in his gullet.
About fifteen years into the case, another blow fell. A 45‑year‑old judge, who had ruled that ‘prescription was obvious at a glance, while adverse possession was being contested in court all the time, died within weeks of his judgment, struck down by a massive heart attack.
After that, the case dragged on for decades, yo‑yoing between district and appeal courts. Judges no longer died untimely deaths, but the rulings continued to twist and delay. My father’s deeds were clear: the land bought by his brother in 1933, sold to him in 1936, uninterrupted possession for 26 years. Yet the courts delayed, twisted, and denied.
Finally, in 2006, the District Court ruled in his favour embodying every detail why it was delivering such a judgement. It was a comprehensive judgement which covered all areas in question. In 2015, the Appeal Court confirmed it, his job being easy because of the depth the DC judge had gone in to. But in October 2024, the Supreme Court gave an outrageously insane judgment against him. How? I do not know. I hope the judge is in good health, my friend said sarcastically.
Lesego paused, his voice heavy with irony “Where nature dared, judges hid. And that is the truth of my father’s case.”
Dr.M.M.Janapriya
UK
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