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US Supreme Court Indian Counterpart British Justice

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The Indian writer and activist Anand Teltumbde

by Kumar David

In choosing three jurisdictions I have chewed off a lot but my stern Editor will use his pruning blade as needed. My initial target was the Supreme Court of the Uniited States (SCOTUS) since the next period laps Trump’s re-election bid. The reactionary stand SCOTUS has taken by reversing women’s reproductive rights 50-years after Roe vs. Wade and the impending clashes with women, young people and progressives is dynamite.

However India is our big neighbour about whose courts my readers may not be up to date so I begin with a lengthy introduction on the Indian courts. In a Washington Post opinion piece dated 24 March 2020 Rana Ayyub asserted that “The destruction of India’s judicial independence is almost complete”. See https://www.washingtonpost.com/opinions/2020/03/24/destruction-indias-judicial-independence-is-almost-complete/

Ayyub points out that the Indian SC crushed the bail petition of Anand Teltumbade, an advocate for the most disadvantaged communities and instructed him to surrender to the police. He was swept up in a broad crackdown of lawyers and activists accused of supporting Maoist militants (Naxalites) many of whom have been languishing in jail for decades. She says that Teltumbde’s work against the caste system and majoritarian politics made him a target of right-wing leaders, including Narendra Modi. Teltumbade has condemned Modi’s communal politics, compared him to Hitler and accused him of complicity in the anti-Muslim carnage of 2002 which left more than 1,000 people dead in Gujarat when he was chief minister.

I provide below quotes, edited for context, from Rana Ayyub’s Washington Post story.

BEGIN QUOTE:

Teltumbde’s unfair treatment by our judiciary underscores the loss of independence by India’s institutions. The refusal by the Supreme Court to grant him bail came soon before a former chief justice, Ranjan Gogoi, joined Parliament after being nominated by Modi government. Gogoi delivered some of the most obnoxious rulings in recent times to enable the Modi administration’s majoritarian agenda. His appointment, just four months after his retirement (and after he was accused of sexual harassment), has raised big questions about justice in the era of hyper-nationalism that Modi has come to represent.

In November, Gogoi delivered a big victory to Modi when he ruled on Babri Masjid, an important mosque for Muslims demolished in 1992 by Hindu nationalists. Gogi’s judgment also cleared the Modi government of corruption in a defence deal involving the purchase of Rafale fighter jets. The government was accused of bypassing procedures and compromising national security in an arms deal to benefit an Indian billionaire. Gogoi has been rewarded with a high place in the Indian Parliament putting a spotlight on the unholy nexus between political power and the judiciary.

Recently, Justice Arun Mishra hailed the prime minister as a versatile genius, an internationally acclaimed visionary who thought globally and acted locally. The comment was widely criticized, including by the Supreme Court Bar Association. Mishra refused to grant relief to Teltumbde despite the flimsy evidence. The hall of shame of the Indian judiciary in recent times is sullied with brazen cases of human rights violations.

In February, when Delhi saw horrifying communal carnage that led to the loss of 53 lives, arson and hundreds injured, the Delhi High Court called out the state police for action against BJP ministers who made anti-Muslim hate speeches. The judge who delivered the order was transferred overnight!

The Supreme Court once called Modi a modern-day Nero looking the other way as innocent women and children were burnt in the 2002 in Gujarat. But those days are long gone. The appointment this former chief justice to the Parliament by the ruling government exacerbated the country’s governance and moral crisis. The Gogoi’s appointment strikes a blow at impartiality at the moment when India is heading down an authoritarian path”. END QUOTE

To complicate matters further the Canadian Government said on Sept 18 that it was actively pursuing allegations linking the Indian Government to the murder of a Sikh separatist leader (a Canadian national) in British Columbia. Prime Minister Justin Trudeau told the House of Commons that involvement of a foreign government in the killing of a Canadian citizen was “an unacceptable violation of our sovereignty”. Hardeep Singh Nijjar was shot dead outside a Sikh temple on June 18 in Surrey, a Vancouver suburb with a large Sikh population. Nijjar supported a Sikh homeland in the form of an independent Khalistan and was designated by India as a “terrorist” in July 2020. Canadian security agencies have been actively pursuing “credible allegations” of a potential link between Indian agents and have expelled India’s top security officer. Trudeau said he had raised the matter with Modi on the side-lines of the G20 summit.

SCOTUS

(Supreme Court of the United States)

Oh dear the previous section on India was longer than I had planned, but I let it drag on because I reckoned readers may not be aware of this side of the story in our giant neighbour and may find it interesting.

Now to the Supreme Court of the US. Appointment is for life and if you get a bad-egg you are stuck with him, or her, till the bloke retires or the grim-reaper visits. The most ‘rightist’ judges on the bench at this time are Clarence Thomas and Samuel Alito. Thomas, a bad egg, and his wife are accused of accepting gifts from corporate lobbies and joy rides on their planes that if it had occurred in Lanka would have warranted impeachment. The Los Angeles Times quite openly declared on August 10, 2023 “Supreme Court Justice Clarence Thomas’ corruption is intolerable”.

They secretly accepted a long list of luxury trips from a cadre of conservative billionaires. The New York Times did say on February 26, 2016 “Supreme Court Justice Clarence Thomas secretly accepted a long list of luxury trips from a cadre of conservative billionaires”. The other reactionary judge on the court Samuel Alito is alleged to have accepted favours from corporate interests. Judges Alito and Thomas think they can accept lavish gifts without undermining the integrity of the Court. As an example look at:-https://www.latimes.com/opinion/story/2023-08-10/supreme-court-justice-clarence-thomas-corruption-gifts-propublica-ethics-congress

See also:-https://www.afj.org/article/justice-alito-cant-originalism-himself-out-of-corruption-charges/

The grading of judges from most liberal to most reactionary in the public mind is:

Sonia Sotomayor

Elena Kagan #

Ketanji Brown Jackson

John Roberts (Chief Justice)

Brett Kavanaugh #

Amy Coney Barrett #

Neil Gorsuch #

Clarence Thomas

Samuel Alito

# These four judges were nominated by Trump and he often refers to them as “my judges”.

The United Kingdom

Next a few words on the mother of all parliaments. George Jeffreys (1645-1689) known as the Hanging Judge was notorious for his cruelty and corruption. In “The Bloody Assize of 1685 he was sent to Somerset to try captured rebels after the Monmouth Rebellion. Estimates of the number he executed for treason varies between 160 and 1,380. It is arguable whether Jeffreys deserves his reputation as the “hanging judge” or whether King James II failed to use the royal prerogative of pardon.

The famous “Impeachment of Warren Hastings” (or to be precise the failure to impeach) is a complex issue of competing visions of empire. Hastings as Governor-General was tried in England 1788 for ‘high crimes and misdemeanours’ against the people of India. The prosecutor was the erudite political thinker Edmund Burke. The trial “was an act of imperial soul-searching” and though Hastings was acquitted it was a warning to imperial proconsuls that they could be called to account.

It was the first human rights trial of modern times but raised profound cultural issues. Hastings was curious and learned about Indian culture and famously declared: “I love India a little more than my own country”. He launched a cultural renaissance, was fluent in Bengali and Urdu and founded the Calcutta Asiatic Society under the chairmanship of the renowned Orientalist Sir William Jones who helped the flowering of Bengali culture.

A profound clash emerged between two visions of scholarship which resonates to this day; one led by Hastings, respectful of indigenous customs and traditions and labelled “Orientalist” by the other. The other a Westernised brand of liberal interventionism. I don’t know how many people know about this clash.

Hastings “rediscovered” the subcontinent’s classical Hindu and Buddhist past. His patronage promoted the revival of Sanskrit, the ancient classical language, and rescued it from the narrow confines of a corrupt and oppressive Brahmin priesthood. Under the Governor-General’s patronage, the Asiatic Society pioneered an ambitious programme to translate Hindu religious classics like the Bhagavad Gita from Sanskrit into English and the local vernaculars. Hastings’s introduction to the first ever English translation of the Gita said passages of it were “elevated to a sublimity which our habits of judgement find it difficult to pursue.”

Warren Hastings was the most popular of all British Governor-Generals among his Indian subjects. But he alone of all colonial administrators in India was put on trial for crimes against humanity, in a seven-year-long impeachment in the British Parliament, led by the great Whig orator and philosopher, Edmund Burke. Given his respect for Indian sensibilities, it’s ironical that the charges against him focussed on his alleged persecution of Indian subjects.

Edmund Burke, in his historic, four-day-long opening speech – an unrivalled model of parliamentary invective – accused Hastings of having “gorged his ravenous maw…feeding on the indigent, the dying and ruined”, like “the ravenous vulture…devouring the carcasses of the dead.” “I impeach him in the name of the English nation, whose ancient honour he has sullied,” Burke thundered. “I impeach him in the name of the people of India, whose rights he has trodden under foot, and whose country he has turned into a desert.” But Burke was wrong.

The great Whig historian and imperial policy-maker, Thomas Macaulay, though critical of Hastings’s alleged abuses of power, conceded that “he made himself beloved by both the subject many and by the dominant few” and “enjoyed among the natives a popularity…such as no other governor has been able to attain.” During his own years in Calcutta half a century later, Macaulay could still hear “nurses sing children to sleep with a jingling ballad about the fleet horses and richly caparisoned elephants of Sahib Warren Hosein”.

Hastings left British administration in India on a sounder footing than ever before. The corrupt excesses of the Company’s servants had been significantly curbed, French and other military threats had been resoundingly beaten off, and the “Company Sahib” was now the dominant power in the subcontinent.

Hastings survived in semi-retirement till the grand old age of 85. In 1813, both Houses of Parliament rose spontaneously to give him a standing ovation when he gave evidence on new legislation about India. In a letter which would be his last political testament he warned his successor, the Marquess of Hastings (no relation), that Indians had been misrepresented “as sunk in the grossest brutality and defiled with every abomination”, thereby justifying British attempts “to reform them, nay to ‘coerce’ them into goodness”. Instead, he exhorted his namesake, “it will be better to leave them as they are…” He concluded with a plea for racial equality, remarkable for its time:

Hastings’s sympathetic, “Orientalist” approach to India lost out to a Whiggish, Westernising sense of imperial mission, summed up by Burke’s dictum that “it was the duty of a British Governor to enforce British laws, to correct the opinions and practices of the people, not to conform his opinion to their practice”. Half a century later, British administrators led by Macaulay put this precept into practice with anglicising reforms designed to create a new class of “Brown Sahibs”. Warren Hastings would not have approved.

Despite its failure, the Hastings impeachment was an act of imperial soul-searching unparalleled in history. For seven long years, British MPs and peers examined and debated every minute detail almost every document that had crossed the desk of their Indian Governor-General. Many were inspired by hostility to the East India Company, whose tentacles were corrupting British politics. But there was also very genuine concern for the human rights of the Company’s Indian subjects and how their treatment reflected on British justice. Hastings was eventually acquitted and his impeachment trial was a warning to all future imperial proconsuls that they could be called to account by Parliament.

Impeachment in the UK today

: Whilst historically judges were removed by impeachment (and constitutionally still may be), the 1701 Act of Settlement provided that a judge of the High Court or the Court of Appeal may be removed by both Houses of Parliament petitioning the Sovereign. This is the procedure today and was described in the first edition of Erskine May. Hence the impeachment procedure is relatively simple and the buck is passed to the Sovereign. (There are in fact quite a few to-and-fro steps between the Commons and the Lords but too boring to detail here). My point is that a US style impeachment trial is largely avoided.

Sri Lanka

It would be sensible to assume that the Executive Presidency will sooner rather than later be abolished in Lanka. An expert who promised a few months ago to write a short proposal for a new constitution to place before the likely governments to be elected in a year or two (the JVP-NPP option or some UNP-Ranil-Sajith option) has backed out and gone silent. However a new constitution is a necessary and it is a great pity that proposals to replace JR’s vile contraption have not been published. To her credit Chandrika did make a genuine attempt in 2000 which was scuttled by RW’s short-sighted greed and the hostility of reactionary sections of the clergy. Lanka however cannot duck the issue forever.



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Pay attention or pay the price: Sri Lanka’s maritime imperative in a fractured ocean

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An AFP photo of people queuing up for LP gas in Colombo

Sri Lanka stands at a geopolitical crossroads where geography is both its greatest asset and its most vulnerable liability. Sitting astride the Indian Ocean’s critical east-west highway, the waters, south of Dondra Head, channel nearly 30% of the world’s maritime trade. This route is the arterial vein connecting Asia, Europe, and the Middle East. Yet, as tensions flare in the Middle East and great power competition intensifies, Sri Lanka finds itself guarding a highway it does not own, with an economy too fragile to absorb the shocks of collateral damage.

Recent analyses, including insights from the Financial Times on the fragility of global ocean governance, offer a stark warning: international treaties alone cannot guarantee security. The newly enacted UN Biodiversity Beyond National Jurisdiction (BBNJ) treaty may be a diplomatic triumph, but as major powers, like the US, sidestep commitments, while China seeks strategic influence, the high seas are becoming increasingly lawless. For Sri Lanka, relying on international law to protect its 600,000 km² Exclusive Economic Zone (EEZ), is a strategy destined to fail. The moment demands a shift from passive reliance to active resilience.

The Naval Imperative: Sovereignty requires strength

The first pillar of survival is a robust Navy. The FT report highlights that without enforcement mechanisms, marine protected areas become “paper parks.” Similarly, an EEZ without patrol capacity is merely a line on a map. With Sri Lanka’s Navy having just rescued 32 Iranian sailors from the sunken frigate IRIS Dena, following a US submarine strike in nearby international waters, and additional Iranian vessels now seeking assistance, or operating in the region, amid major powers vying for influence, the risk of direct incidents at sea remains very real.

Sri Lanka must accelerate investment in blue-water naval capacity and EEZ surveillance. Strengthening patrols, south of Dondra Head, is not just about conservation, it is about sovereignty. The ability to manage rescue operations, grant diplomatic clearances, and monitor traffic, without external coercion, is the definition of independence. “Might is right” remains the operating principle for some superpowers. Sri Lanka cannot afford to be a bystander in its own waters. A strong Navy acts as a deterrent, ensuring that the 30% of global shipping passing nearby does not become a theatre for proxy conflicts.

Statecraft: Balancing economics and sovereignty

The second pillar is nuanced statecraft. Sri Lanka imports nearly 100% of its fuel, making it hypersensitive to disruptions in the Strait of Hormuz. Prolonged conflict in the Middle East will spike oil prices, reigniting inflation and threatening the hard-won economic stability following recent crises. However, economic desperation must not drive diplomatic misalignment.

The smartest priority is strict neutrality. Sri Lanka cannot afford to alienate any major partner – the US, India, China, Iran, or the Gulf states. Coordinating quietly with India for maritime domain awareness is prudent given proximity, but joining any military bloc is perilous. Recent discussions highlight how the US aggressively prioritises resource extraction in international waters, often at the expense of broader environmental protections. Sri Lanka must navigate these competing agendas without becoming a pawn. Publicly urging de-escalation, through forums like the Indian Ocean Rim Association (IORA), allows Colombo to advocate for safe passage without picking sides.

Securing the economy and energy future

The third pillar is economic shielding. The immediate threat is fuel security. The government must build emergency fuel stocks and negotiate alternative suppliers to buffer against Hormuz disruptions. The Central Bank must be prepared to manage rupee pressure as import bills swell. Furthermore, monitoring secondary effects is crucial; higher shipping costs will hit exports like tea and garments, while tourism warnings could dampen arrival numbers.

Long-term resilience demands energy diversification, prioritising solar power. Sri Lanka’s abundant sunshine offers huge potential to cut reliance on Middle Eastern oil and shield the economy from geopolitical shocks. Accelerate rooftop/utility-scale solar with incentives: duty exemptions on equipment, enhanced net-metering, subsidies/loans for households and businesses, and fast-tracked approvals plus battery storage support. This attracts investment, creates jobs, and boosts energy security. Secure financier confidence for sustainable blue economy initiatives without compromising sovereignty.

The bottom line

The message for Sri Lanka is clear: This is a “pay attention or pay the price” moment. The country is geographically positioned on the critical Indian Ocean highway but remains economically fragile. The smartest priorities are to protect people first, secure the seas second, and shield the economy third, all while staying strictly neutral.

Any misstep, whether getting drawn into naval incidents or visibly picking sides in a great power struggle, would be far costlier than the fuel price hike itself. The global oceans treaty may offer a framework for cooperation, but as experts warn, we need “systems of co-operation that go beyond the mere words on the page.” For Sri Lanka, those systems must be built on national capacity, diplomatic agility, and an unwavering commitment to neutrality. The ocean is rising with tension; Sri Lanka must ensure it does not drown in the wake.

Reference:

“The geopolitics of the global oceans treaty”https://www.ft.com/content/563bef02-f4a7-42c3-9cfa-7c3fe51be1eb

By Professor Chanaka Jayawardhena
Professor of Marketing
University of Surrey
Chanaka.j@gmail.com

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Winds of Change:Geopolitics at the crossroads of South and Southeast Asia

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Asanga Abeyagoonasekera

Asanga Abeyagoonasekera’s latest book is a comprehensive account of international relations in the regions it covers, with particular reference to current rivalries between India and China and the United States. It deals with shifting alliances, or rather alliances that grow stronger or weaker through particular developments: there are no actual breaks in a context in which the three contestants for power in the region are wooing or threatening smaller countries, moving seamlessly from one mode to the other though generally in diplomatic terms.

The area is now widely referred to as the Indo-Pacific. Though that term was coined over a hundred years ago by a German keen to challenge the Anglo-American hegemony that triumphed after the First World War, it gained currency more recently, following a speech by the hawkish Japanese Prime Minister Shinzo Abe, who was instrumental in developing the Quad Alliance between Japan, India, the United States and Australia.

This marked a radical change in Indian Foreign Policy, for India had prided itself previously on being Non-Aligned, while the West saw it as close to the Soviet Union and then to Russa. But as Abeyagoonasekera constantly reiterates, India’s approach is governed now by nervousness about China, which in the last couple of decades has made deep inroads into the Indian Ocean. Now many states around this Ocean, relatively far from China, are being closely connected, economically but also otherwise, with China.

Instrumental in this development is the Belt and Road Initiative, which China has used to develop infrastructure in the region, designed to facilitate its own trade, but also the trade of the countries that it has assisted. Abeyagoonasekera is clear throughout the book that the initiative has been of great assistance to the recipient countries, and contests vigorously the Western claim that it was designed as a debt trap to control those countries.

I fully endorse this view. To supplement his perspective with a couple of anecdotes, I recall a British friend in Cambodia telling me how the country had benefited from Chinese support, which developed infrastructure – whereas the West in those days concentrated on what it called capacity building, which meant supporting those who shared its views through endless seminars in expensive hotels, a practice with which we are familiar in this country too.

Soon afterwards I met a very articulate taxi driver in Ethiopia, who had come home from England, where he had worked for many years, who described the expansion of its road network. This had been neglected for years, until the Chinese turned up. I remembered then a Dutchman at a conference talking about the sinister nature of a plane full of Chinese businessmen, to which an African responded in irritation that the West had applauded the plunder of the continent by their own businessmen, and that the Africans now knew better and could ensure some benefit to themselves as the owners of the commodities the West had long thought their own birthright.

Abeyagoonasekera contrasts with the Chinese approach the frugality of the Indians, a frugality born of relative poverty, and appends the general suspicions with which Indian interventions are treated, given previous efforts at domination. And while he is himself markedly diplomatic in his accounts of the different approaches of the three players in this game, time and time again he notes the effortless ease with which the Chinese have begun to dominate the field.

His research has been thorough, and the statistics he cites about trade make clear that the Chinese are streets ahead of the other two, both in terms of balances as well as in absolute terms. And he notes too that, whereas the Western discourse is of Chinese restrictions on freedom, in Sri Lanka at any rate it is the others who are wary of transparency.

Though he notes that there is no clarity about the agreements the current government has entered into with the Indians, and that contrary to what might have been expected from former Marxists it has not resumed the tilt towards China of earlier left wing regimes, he shows that there has been no break with China. He seems to believe that the groundwork China laid still gives hope of more economic development than what the other two countries have to offer.

We cannot after all forget that the Rajapaksa government first asked India to develop the Hambantota port, and I still recall the Indian High Commissioner at the time, Ashok Kantha, wondering whether India had erred in not taking up the offer. In a marked example of how individuals affect bilateral relations, I have no doubt his predecessor, the effusive Alok Prasad, would have taken up the offer.

It was Rajapaksa hubris that made the cost of the port escalate, for when the rock inside the breakwaters was discovered, before the harbour was filled, and Mahinda Rajapaksa was told it would not cost much to get rid of it, he preferred to have the opening on his birthday as scheduled, which meant the waters then had to be drained away for the rock to be dynamited. And unfortunately, planning being left to the younger brother, we had grandiose buildings in the town, instead of the infrastructure that would have ensured greater economic activity.

This error was repeated in spades with regard to Mattala. Though not in the right place, which was not the case with the Hambantota development, nothing was done to take advantage of the location such as it was and institute swift connections with the hill country, the East Coast, and the wildlife so abundant in the area.

The last section of the book, after its thorough examination of the activities of the three major players in the region as a whole, deals with Sri Lanka’s Domestic Political Challenges, and records, politely but incisively, the endless blunders that have brought us lower and lower. But while highlighting the callousness of politicians, he also notes how efforts to appease the West weakened what he describes as core protections.

Though there has been much speculation about what exactly brought down Gotabaya Rajapaksa – not his government, for that in essence continued, with a different leader – perhaps the most far-reaching revelation in Abeyagoonasekera’s book is of Gotabaya’s conviction that it was the CIA that destroyed him. As so often when the hidden hand of the West is identified, the local contributions are ignored, as Gotabaya’s absurd energy policy, and the ridiculous tax concessions with which his rule began. But that does not mean there were no other players in the game.

Ironically, Gotabaya’s accusations against the United States occur after a startling passage in which Abeyagoonasekera declares of that country that ‘The fatigue gripping the nation is deeper than weariness; it is a spiritual exhaustion, a slow erosion of belief. Rising prices, policy paralysis, and a fractured foreign policy have left America adrift. Inflation haunts them like a spectre, while the immigrant crisis stirs frustrations in communities already stretched to their limits’.

This he claims explains the re-emergence of Donald Trump. Now, in the midst of the horrors Trump has perpetrated, this passage suggests that he is desperate to assert himself in denial of the fatigue that has overcome a nation initially built on idealism, now in the throes of ruthless cynicism. What will follow I do not know. But the manner in which India’s slavishness to the bullying of Netanyahu and Trump has destroyed the moral stature it once had suggests that Abeyagoonasekera’s nuanced but definite adulation of Chinese policy will be a hallmark of the new world order.

By Rajiva Wijesinha

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Human–Elephant conflict in Sri Lanka

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Human–elephant conflict (HEC) in Sri Lanka results in significant loss of human life, elephant deaths, and extensive damage to crops and property. Despite numerous interventions over the decades, the situation continues to deteriorate. The reasons for the breakdown of what was once a relatively tolerant coexistence—albeit one dominated by humans—into an increasingly confrontational relationship must be clearly understood by both the public and policymakers. Immediate measures are required to minimise losses, alongside long-term solutions grounded in sound ecological and governance principles. It must also be recognised that this is a complex problem; effective mitigation and sustainable solutions require a multidisciplinary approach integrated into the country’s overall development planning. This article examines several cost-effective methods that have been successfully implemented in other countries and may apply to the Sri Lankan context.

Key Challenge: Lack of Reliable Data

The primary reason for the escalation of human–elephant conflict (HEC) is the shrinking of wildlife habitats in the country due to poorly planned development and uncontrolled, unwise land encroachment. A major barrier to effective intervention is the lack of accurate and comprehensive data in two key areas: (a) land and land utilisation, and (b) the elephant population and their range.

It became evident after the Ditwah cyclone disaster that the lack of readily accessible, reliable data on land and its use, is a major obstacle to a wide range of project planning and implementation efforts. Regardless of how HEC is mitigated, the government must take immediate action to establish a digital land-use database, as this is a key component of long-term planning for any development initiative. Using modern aerial mapping technologies, it should be possible to catalogue the geography and utilisation of every square metre of the island’s landmass.

Crossing a railroad in the North Central Province (File photo)

Wild elephant near an electric fence (File photo

Chilli-grease fence

Similarly, accurate data on the number of elephants, their age and gender distribution, and the extent of their habitat range, are essential for data-driven decision-making. Here, too, modern technology offers practical solutions. Land-based digital cameras have been successfully used to count elephants, identify individual animals, and monitor their range. Research has shown that the pigmentation patterns of Asian elephants—particularly those on their ears—can serve as a “fingerprint” for identifying individuals. The same technique can also be used to study elephant movement patterns and habitat range. Computer programmes already exist for such cataloguing purposes; however, developing a similar programme, locally, could be both economical and educational, for example, as part of a university IT programme. Since data-driven decision-making is key to the success of any long-term strategy, data collection must begin immediately while short-term mitigation measures are implemented.

Root cause

There must be a general understanding of how this problem has worsened. Sri Lanka is considered an anomaly in island biogeography for supporting a high density of megafauna—including Asian elephants, leopards, and sloth bears—on a relatively small landmass of about 65,000 square kilometres. This is further complicated by the country’s high human population density, estimated at about 356–372 people per square kilometre, ranking among the highest in the world. The human population has increased more than fivefold between 1900 and 2024, from about 4.5 million to nearly 22 million.

The corresponding expansion of land use for human settlement, agriculture, and infrastructure development has placed enormous pressure on wildlife habitats. Habitat loss, together with imbalances in predator populations, has resulted not only in escalating human–elephant conflict (HEC) but also in increasing crop damage caused by peacocks, monkeys, giant squirrels, and feral pigs. The Sri Lankan elephant has no natural predators; its only significant threat arises from human activities. Restoring balance within this complex ecological system is no easy task, yet it must remain the long-term objective if the country is to safeguard its unique biodiversity.

Short-term Measures

Since the current situation has developed over an extended period, practical and humane solutions will also take time to implement. In the short term, several interventions can reduce direct interactions between humans and elephants while ensuring the safety of both:

* Strict prohibition of roadside feeding and improved waste management.

* Public education on safe deterrence methods and the promotion of ethical and sustainable practices in forests, national parks, and sanctuaries.

* The use of proven, non-lethal deterrent methods implemented in a coordinated and systematic manner.

* Anti-depredation squads (ADS): well-trained response teams tasked with implementing and monitoring these measures.

* The use of AI-based technologies to prevent train–elephant collisions.

Several countries have successfully used chilli as a deterrent to keep elephants away from farms and settlements. While cultivating chilli as a crop may contribute to this effort, it alone is not an effective deterrent; the pungent compounds in chilli, which act as an irritant to elephants, must be delivered effectively. One widely used and economical method is chilli-grease fencing, an alternative to electric fencing. In this method, rags soaked in a mixture of ground chilli and used motor oil are hung from ropes in strategic locations to create a deterrent barrier.

More advanced deterrence techniques have also been tested. For example, compressed-air launchers that fire chilli-filled projectiles have demonstrated effectiveness in safely redirecting elephants from a distance without causing harm. In some countries, locally made projectiles containing chilli powder, sand, and firecrackers enclosed in flexible sheaths, such as rubber balloons, are ignited and launched ahead of approaching animals. When combined with strobe lights, air horns, or other noise-making devices, these methods have been found to be even more effective. Over time, elephants may learn to associate irritation with light and sound, allowing these signals alone to act as deterrents. The main limitation of this approach is the need for well-trained personnel available throughout the day. Therefore, the involvement of existing national services—such as the armed forces—in developing and implementing such systems should be considered.

Technology can also play an important role in reducing train–elephant collisions. Night-vision cameras mounted on trains, combined with artificial intelligence, could be used not only to detect elephants but also to identify patterns in elephant movements near railway tracks. Once such high-risk locations are mapped, additional cameras could be installed along the tracks to transmit warning signals to approaching trains when elephants are detected nearby. As a further step, this system could be integrated with the Driver’s Safety Device (DSD)—the “dead man’s” handle or pedal—so that trains can be automatically stopped when elephants are detected on or near the tracks, thereby reducing reliance solely on driver response.

Sustainable Long-Term Solutions

A lasting resolution depends on strategic land-use planning and coexistence-based management. This must form part of a broader national discussion on the sustainable use of the country’s limited land resources.

* Protection and restoration of elephant migration corridors.

* Data-driven placement and maintenance of fencing, rather than attempting to confine elephants within fixed areas.

* Strengthened management of wildlife reserves, including the prevention of human encroachment and uncontrolled cattle grazing.

* Habitat improvement within forests to reduce the attraction of elephants to agricultural lands.

* Introduction of drought-resistant grass varieties such as Cenchrus purpureus (commonly known as elephant grass or Napier grass) and Pennisetum purpureum in wildlife refuges and national parks to alleviate food shortages during the dry season.

* Population control measures, including vaccine-based methods, supported by reliable population data.

Public education on the importance of maintaining ecological balance—especially amid environmental change and expanding economic development—must also be a key priority. Basic principles of environmental management should be incorporated into higher education across all disciplines. At the same time, difficult but necessary questions must be asked about the long-term sustainability and economic return of certain land-use patterns, particularly those shaped during the colonial period for plantation crops. Inefficient agricultural practices, such as chena cultivation, should be phased out, and the clearing of wilderness—especially in ecologically sensitive highland areas for tourism development—must be strictly regulated.

Elephants typically travel between 15 and 50 kilometres a day. Therefore, restoring uninterrupted elephant corridors, linking existing wildlife reserves, must be a central component of long-term planning. In some cases, this may require carefully considering the relocation of human settlements that have developed within former elephant corridors.

Unfortunately, rural communities often bear a disproportionate share of the burden created by these conservation measures. It is, therefore, essential that policies ensure they receive a fair share of the economic benefits generated by wildlife-based industries, particularly tourism. Such policies should aim to help these communities transition from subsistence livelihoods toward improved standards of living. In this context, a critical evaluation of existing agricultural systems must form part of a broader national land-management strategy. Put plainly, the long-term viability of plantation industries, such as tea and rubber, should be assessed in terms of their return on investment—particularly the investment of scarce land resources.

Finally, all ecosystems have a carrying capacity, meaning there is a limit to the number of people and animals that a given area of land can sustain. This issue extends beyond Sri Lanka; many scientists argue that, given current levels of malnutrition and resource depletion, the planet may already have exceeded its sustainable carrying capacity. Others suggest that technological advances and lifestyle changes may increase that capacity. In either case, significant changes in human consumption patterns and lifestyles are likely to become inevitable.

For elephants, however, the absence of natural predators means that humane human intervention may be required to manage population growth sustainably. If elephant populations were allowed to increase unchecked, food scarcity could lead to malnutrition and starvation among the animals themselves. At the same time, a nation, already struggling with child malnutrition, must carefully balance its limited resources between human welfare and wildlife conservation.

One promising approach is immunological sterilisation using the Porcine Zona Pellucida (PZP) vaccine, a reversible and humane form of immunocontraception used in wildlife population management. By stimulating antibodies that prevent sperm from fertilising eggs, this dart-delivered vaccine controls reproduction without significantly altering the animals’ natural behaviour. Once accurate data are obtained on the age and gender distribution of the Sri Lankan elephant population, the systematic application of such methods could become feasible.

Moreover, the development of local capacity to produce such vaccines should be encouraged. Similar technologies could also be applied to manage populations of other animals—such as monkeys and stray dogs—whose numbers can become problematic if left unchecked. Local vaccine production would not only address domestic needs but could potentially create opportunities for export and scientific collaboration.

Conclusion

Human–elephant conflict (HEC) in Sri Lanka is intensifying due to habitat fragmentation, unplanned development, and weak governance. Elephants require large, connected landscapes to survive, and when traditional migration corridors are blocked, conflict becomes inevitable.

Current ineffective practices—such as the mass translocation of elephants, fragmented fencing that obstructs migration routes, and policies that overlook the livelihoods of rural communities—must be reconsidered and replaced with more effective strategies. Mechanisms must also be established to ensure that the economic benefits of environmental protection, particularly those generated by wildlife tourism, are fairly shared with rural populations who bear the greatest burden of living alongside wildlife.

A shift toward data-driven planning, protection of ecological corridors, community partnerships, and stronger institutional accountability is essential. The human–elephant conflict is not solely a wildlife issue; it is fundamentally a land-use and governance challenge. Sri Lanka would benefit from establishing a dedicated Human–Elephant Coexistence Organisation, or from strengthening an existing Wildlife Commission with the authority and capacity to implement long-term, science-based management strategies.

With informed policies and genuine support for affected communities, peaceful coexistence between humans and elephants is both achievable and sustainable. Ultimately, educating future generations and equipping them to face emerging environmental challenges with knowledge and responsibility is the most effective long-term strategy.

BY Geewananda Gunawardana and Chula Goonasekera
on behalf of LEADS forum
Email admin@srilankaleads.com

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