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Midweek Review

Vanni war and killing of Gazan civilians at food distribution sites

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Puthumathalan: Local ICRC personnel, under the supervision of international staff, engaged in the evacuation of the war wounded civilians by ferry to Pulmoddai In a letter to the then Navy Chief, VA Wasantha Karannagoda, dated 14 February, 2009, the head of the ICRC delegation, Paul Castella, deeply appreciated the Navy's role in medical evacuations by sea carried out on 10 and 12 February. The top ICRC official declared that the Navy's response to the situation proved that soldiering is a noble profession. (pic courtesy ICRC).

Hundreds of Palestinians died in the recent past while trying to obtain food in the Gaza strip. Al Jazeera, in a 05 July, 2025, online report, quoted the Gaza Health Ministry as having stated that at least 743 Palestinians had been killed and more than 4,891 wounded while seeking humanitarian aid at Gaza Humanitarian Foundation (GHF) distribution sites.

Al Jazeera pointed out that GHF is a project backed by the US and Israel. The international media have reported that GHF staff used live ammunition and stun grenades against those desperately trying to get some food against the backdrop of punitive Israeli blockade. It would be pertinent to mention that GHF came into being in May this year for the sole purpose of operating Gaza food distribution sites. GHF is a private organisation, fully backed by the US and Israeli Defence Forces (IDF)

Reportage of the ongoing violence at GHF sites emphasised that the whole project that had been cleared by the US and Israeli governments undermined the Gaza population. In other words, the so-called humanitarian project aided the overall US-Israeli strategy meant for Gaza where over 50,000 perished in Israeli attacks so far.

There is also a serious allegation that wheat flour, provided by the US for distribution among Palestinian refugees in Gaza, is spiked by Israel with prescription opioids.

Unparalleled Hamas attack on Israel on 07 October, 2023, triggered a spate of comments on Sri Lanka’s war against the Liberation Tigers of Tamil Eelam (LTTE) that was brought to a successful end in May 2009. But, no one, so far, has bothered to compare the barbaric situation in Gaza and how Sri Lanka, with limited resources, dealt with a complex and difficult situation in a far more humanitarian way in order to minimise casualties among Tamil civilians.

Sri Lanka sustained offensive action over a period of two years and 10 months but throughout this period the wartime Mahinda Rajapaksa government ensured the proper distribution of humanitarian aid. The plan involved the Colombo-based diplomatic community, the UN, as well as other reputed international groups, such as the International Committee of the Red Cross and the World Food Programme (WFP).

In addition to the above-mentioned grouping, President Rajapaksa directly involved India in the humanitarian project, thereby giving New Delhi direct access to the war wounded. In fact, if the wounded LTTE cadres sought transfer from Puthumathalan to the India-run emergency medical facility at Pulmoddai, about 55 km north of Trincomalee, in a ship carrying ICRC flag they could have done so.

Swamy’s comment

M.R. Narayan Swamy, discussed the similarities of Sri Lanka’s conflict and the ongoing Israel-Gaza war. New Delhi based Swamy, who had served the UNI and the AFP during his several decades long career, discussed the issues at hand while acknowledging no two situations were absolutely comparable. Swamy currently serves as the Executive Director of IANS (Indo-Asian News Service) and he dealt with the Gaza war soon after the Israeli invasion.

‘How’s Hamas’ attack similar to that of LTTE?’ and ‘Hamas’ offensive on Israel may bring it closer to LTTE’s fate dealing with the issues involved. Let me reproduce Swamy’s comment: “Oct. 7 could be a turning point for Hamas similar to what happened to the Liberation Tigers of Tamil Eelam in Sri Lanka in 2006. Let me explain. Similar to Hamas, the LTTE grew significantly over time eventually gaining control of a significant portion of Sri Lanka’s land and coast. The LTTE was even more formidable than Hamas. It had a strong army, growing air force and a deadly naval presence. Unlike Hamas the LTTE successfully assassinated high ranking political figures in Sri Lanka and India. Notably LTTE achieved this without any overt direct support from any country unlike Hamas that received military and financial backing from Iran and some other States. The LTTE became too sure of their victories overtime. They thought, they could never be beaten and that starting a war would always make them stronger. But in 2006 when they began Eelam War 1V, their leader Velupillai Prabhakaran couldn’t have foreseen that within three years he and his prominent group would be defeated. Prabhakaran believed herding together tens of thousands of hapless Tamil civilians as a human shield during the last stages of the war would protect them and Sri Lanka wouldn’t unleash missiles and rockets. Colombo proved him wrong. They were hit. By asking the people not to flee Gaza, despite Israeli warnings, Hamas is taking a similar line. Punishing all Palestinians for Hamas’ actions is unjust, just like punishing all Tamils for LTTE’s actions was wrong. The LTTE claimed to fight for Tamils, without consulting them, and Hamas claimed to represent Palestinians, without seeking the approval for the Oct. 07 strike. Well, two situations are not absolutely comparable. We can be clear that Hamas is facing a situation similar to what the LTTE faced shortly before its end. Will Hamas meet a similar fate as the LTTE? Only time will answer that question.”

Of course, as Swamy said two situations are not absolutely comparable. The IDF invaded Gaza whereas the Sri Lankan military battled terrorists on home soil. While referring to Hamas being an Iranian proxy, Swamy conveniently forgot how India set up a massive terrorist project in Sri Lanka in the early ’80s. It ended up with the LTTE assassinating Rajiv Gandhi in May 1991, a year after India pulled out its Army from Sri Lanka where over 1,300 officers and men perished in the hands of those who had been trained by India.

Let me get back to humanitarian operations here, particularly during the 2008-2009 period. Whatever those who cannot bear up the LTTE’s annihilation say now, Sri Lanka can be proud of how the displaced population was treated. Of course there had been instances of excesses on the part of the government security forces and police but that was never the state policy.

Vanni humanitarian project

Against the backdrop of continuing killing of hungry Palestinians waiting to collect food, we can examine a high profile operation carried out by Sri Lanka to provide food for the Vanni population during the war. President Mahinda Rajapaksa ensured that those who had been trapped in the war zone received not only food but the best possible medical care in spite of the raging battles.

The President never hesitated to involve foreign governments and international organisations in the Vanni humanitarian project. Regardless of the military reporting some elements positioned themselves within the international grouping involved in the humanitarian work that provided support to the LTTE, the government continued to involve international groups. Unlike the controversial Gaza humanitarian operation, Sri Lanka never handed over the mission to the private sector.

Contrary to accusations that Sri Lanka waged a war without witnesses, the ICRC had been in Puthumathalan till the second week of February 2009 but even after their pullout the governmentled system ensured the evacuation of those wounded in the LTTE-controlled areas and continuously ensured food and other essential supplies to the war zone. The operation involved the ICRC and the WFP.

As the Army advanced further into the fast dwindling LTTE-held territory, the ICRC international staff, who had been in the Vanni, west and east, throughout the offensive, were evacuated by ship flying the ICRC flag on 10 February, 2009. ICRC ships evacuated hundreds if not thousands of wounded civilians, as they were held by the Tigers at gun point as a human shield, beginning 10 February, 2009, till 09 May, 2009, the last voyage before the conclusion of the war. On 16 occasions, ICRC flagged ships arrived at Puthumathalan during this period, ICRC international staff were allowed to visit Puthumathalan each time the vessels came.

Would a country perpetrating genocide, as Canada alleged, allow ICRC international staff to visit Puthumathalan, permit transfer of the war wounded out of the battle zone or positioned Indian medical relief team between Puthumathalan and Trinomalee? Actually, if Velupillai Prabhakaran and his family wanted they could have given themselves up to the ICRC at Puthumathalan and brought the war to a faster conclusion. Instead, Prabhakaran sought to negotiate an arrangement that allowed him to survive while the armed forces were prevented from achieving their final objective. The wartime Defence Secretary Gotabaya Rajapaksa and three service commanders, Vice Admiral Wasantha Karannagoda, Lt. Gen. Sarath Fonseka, and Air Marshal Roshan Gunetilleke, were solidly behind the President.

Visit to Pulmoddai

The writer was one of the few journalists allowed to observe the transfer of people from Puthumathalan to Pulmoddai from a SLN Fast Attack Craft (FAC) positioned off the Puthumathalan coast, in the last week of April 2009, and then visited Pulmoddai where the wounded were handed over to the Indian medical team based there. That had been a very worthy move on the part of President Rajapaksa. The deployment of an Indian medical team to treat the wounded countered lies propagated by various interested parties. Those who faithfully believed in the LTTE’s invincibility couldn’t bear up the beating the group was receiving at the hands of the Sri Lankan military. Admiral of the Fleet Karannagoda’s memoirs ‘The Turning Point’, the English version ‘of Adhistanaya’ is a must-read for those interested in the Sri Lanka conflict. Published by Penguin Random House, India, the book dealt with the overall Navy’s role with the focus on the destruction of the LTTE’s floating warehouses that hastened the collapse of the fighting cadre. How the US provided specific intelligence to destroy four floating warehouses in September and October 2007, against the backdrop of the Army depriving the Navy of an opportunity to listen to LTTE communication, due to petty rivalries, is perhaps the most single significant help provided by a country by way of intelligence.

Having liberated Kilinochchi, in January, Sri Lanka intensified operations on the Vanni east front. Amidst the collapse of LTTE defences, Sri Lanka in February 2009 requested India to send an emergency medical team to Sri Lanka and the actual deployment took place at Pulmoddai on March 09, 2009. Following our request, New Delhi established an emergency field hospital where a 62-member Indian medical team worked until the conclusion of operations. Over 3,000 people, who had been wounded during the battles, were treated by the Indians over a period of two months and soon after the conclusion of the war, the team moved to Menik Farm refugee camp where the group treated over 25,000 people by the second week of July 2009. India pulled out its team by the end of August 2009. By then, Sri Lanka stabilised the situation and, contrary to some claims, the LTTE couldn’t revert to hit-and-run attacks.

The small group of journalists was allowed into the Indian medical facility. At the time of our visit, more wounded were brought in by the ICRC flagged ship.

UN report

The UN Secretary General’s Panel of Experts (PoE) report acknowledged that altogether 2,350 tonnes of food had been delivered to Mullivaikkal, from 10 February, 2009, to 09 May, 2009, and 14,000 wounded civilians and their relatives evacuated during this period (Paragraph 108).

The government knew of the danger in some of them disappearing but still they were allowed into the south.

The ICRC made a bid to bring in supplies and evacuate the wounded on 15 May, 2009, but couldn’t do so due to heavy fighting. The bottom line is that the ICRC had access to Puthumathalan till 09 May, 2009, just 10 days before the SLA killed LTTE leader Velupillai Prabhakaran.

Sri Lanka’s continuing failure to set the record straight, in spite of having all required information/evidence is a mystery. In fact, successive governments never bothered to examine WikiLeaks revelations and use them to clear the country’s name from wild accusations of war crimes, emanating from the West, in support of the separatist cause. In one leaked document alone, a top ICRC official was quoted as having said that the Army paid a heavy price for taking civilian factor into consideration during the final phase of the offensive.

International organisations, including the UN, had access to the Northern and Eastern provinces. The bottom line is that the ICRC operated in Vanni east till late January 2009, though the UN pulled out of Kilinochchi in September 2008. However, the PoE report admitted that UN international staff were allowed entry to the Puthukkudiyiruppu Hospital, following the 29 January-04 February, 2009. artillery barrage directed at the facility by the Army.

Wartime MP Mano Ganesan had been one of those who alleged that Sri Lanka received the blessings of the international community to conduct a war without witnesses. Let me discuss the MP’s allegation, taking into consideration the PoE report on Accountability in Sri Lanka.

During high intensity battles in the Vanni east, the only permanent hospital functioning in that region was at Puthukkudiyiruppu. Regardless of government denials, that hospital had been hit repeatedly by artillery, including Multi Barrel Rocket Launchers (MBRLs) during the 29 January-04 February, 2009, period. There is absolutely no point in denying that fact. But it would have been more a scare tactic to speed up the end of the fighting, as if the SLA had wanted, it could have easily flattened the hospital with MBRL fire.

According to the PoE report that had been officially released on 31 March, 2011, the SLA granted UN international staff access to the hospital, damaged due to attacks during 29 January- 04 February, 2009. The report also disclosed that there had been two ICRC international members at the hospital when it was hit on 04 February. (Paragraph 91).

Therefore, there is no basis for MP Ganesan’s malicious claim that Sri Lanka conducted a war without witnesses. The UNSG’s report also acknowledged that LTTE cadres, who had been wounded in fighting in the nearby frontline, were brought to the Puthukkudiyiruppu Hospital where the organisation maintained a ward for them. (Paragraph 94).

The international community never gave Sri Lanka the go ahead for an all-out war in 2006. In fact, Western powers constantly put pressure on Sri Lanka to continue negotiations in an obvious attempt to help the Tigers, regardless of grave provocations by LTTE terrorists. There couldn’t be a better example than the assassination of Foreign Minister Lakshman Kadirgamar, at his Bullers Lane residence, in August 2005. The assassination had been carried out just four months before the presidential poll, regardless of the Norway arranged Ceasefire Agreement (CFA) that was really meant to destabilise the country in the guise of working for peace.

LTTE surrender

UN High Commissioner for Human Rights Volker Türk appeared to have ignored Sri Lanka’s efforts to provide relief for all affected parties, including the ex-LTTE, as soon as the war was brought to an end.

The Tamil community immensely benefited from the post-war rehabilitation of the ex-LTTE cadres. The government rehabilitated nearly 12,000, while child soldiers were simply released. But the likes of retired Supreme Court justice C.V. Wigneswaran brazenly sought to take the shine out of Sri Lanka’s genuine efforts to bring about reconciliation, by falsely claiming that the Army poisoned over 100 ex-LTTE combatants held in rehabilitation camps. He ended up with egg on his face but he never bothered to acknowledge his blatant lie. Sri Lanka never pursued the matter. Wigneswaran lie is far worse than unsubstantiated allegations, propagated by various interested parties, as he once was a member of the country’s apex court. We can imagine how he dispensed justice as a sitting judge in the lower courts for decades, even prior to being elevated to the highest court.

Sri Lanka should have used the high profile post-war IOM (International Organisation for Migration) project to help ex-LTTE, as well as members of the breakaway Karuna faction, to prove her efforts. Unfortunately, Sri Lanka never had a cohesive plan to counter lies. The situation remains the same as interested parties continue to humiliate the warwinning country. Let me end this piece by underscoring the importance of establishing the total number of ex-LTTE and members of other violent groups who received citizenship in the West. They are now all over the world. General Secretary of the British Tamil Forum (BTF) V. Ravi Kumar is an ex-LTTE cadre from Jaffna. Australian-born Adele Balasingham, widow of the late LTTE theoretician Anton Balasingham, lives in the UK. What is Turk’s position on this woman, who, while wearing the LTTE uniform, handed over cyanide capsules to female LTTE cadres, some of whom were child soldiers? Perhaps Sri Lanka should raise the issue as part of its overall defence against wild war crimes accusations still being dished out against the country from the West.

By Shamindra Ferdinando



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Midweek Review

22A: Developing constitutional quagmire

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The government’s high profile project to enact the 22nd Amendment failed to secure any tangible support from anyone outside the NPP, in Parliament or outside. In a statement, the Illankai Thamil Arasu Kadchi (ITAK) noted that the proposed amendment concerned the sovereignty of the people and, therefore, required approval through a referendum. The ITAK, a key member of the six-party Political Council of Tamil-Speaking people (PCTSP) and the second largest party in the Northern and Eastern Provinces, other than the NPP, is opposed to President Dissanayake’s move. Tamil Progressive Party (TPA) leader and former Minister Mano Ganeshan, also of the PCTSP, has rejected the 22nd Amendment. The Island learns that all political parties, represented in the PCTSP, are opposed to the proposed Amendment.

The NPP obtained the most seats at the Parliamentary General Election 2024. Other parties that managed to gain seats in Parliament are the Samagi Jana Balawegaya (SJB/40 seats), Ilankai Tamil Arasu Kadchi (ITAK/8 seats), New Democratic Front (NDF/5 seats), Sri Lanka Podujana Peramuna (SLPP/3 seats), Sri Lanka Muslim Congress (SLMC/1), Sarvajana Balaya (SB/1), United National Party (UNP/1), Democratic Tamil National Alliance (DTNA/1), All Ceylon Tamil Congress (ACTC/1), All Ceylon Makkal Congress (ACMC/1), Jaffna – Independent Group 17 (IND17-1) and the Sri Lanka Labour Party (SLLP/1).

Timeline

* March 30, 2026, BASL wrote to Justice and National Integration Minister Harshana Nanayakkara seeking a meeting to discuss 22A

* May 25, 2026, BASL wrote to President Dissanayake seeking a meeting to discuss the same

* July 16, 2026, BASL wrote again to the Justice Minister underscoring the failure on his part and the President to respond to previous letters

* July 27, 2026, NPP executive committee member advocate Lal Wijenayake declared opposition to the government move

* July 29, 2026, BASL met the Justice Minister, sought a meeting with President Dissanayake

* July 31, 2026, Mahanayakes of four Chapters (Nikayas) wrote a joint letter to President Dissanayake urging him not to go ahead with the 22nd Amendment. But, the Mahanayakes refrained from releasing the letter to the media

* August 3, 2026, BASL disclosed the Mahanayakes’ letter to the President. Justice Minister Nanayakkara, accompanied by Health and Media Minister Dr. Nalinda Jayathissa, visited the Mahanayakes to explain the government stand. But, they denied receiving the crucial letter

* August 7, 2026, UN requested President Dissanayake, in no uncertain terms, to abandon the move.

* August 11, 2026, Government admitted receiving the Mahanayakes letter

* August 18, 2026, 22nd Amendment Bill presented in Parliament. Those opposed to the constitutional amendment began filing petitions. The BASL led the way. By 24 August, 21 petitions were filed.

* August 20, 2026, Catholic Bishops’ Conference urged the government not to proceed without adequate consultations.

* August 24, 2026, BASL, in a motion filed in the Supreme Court, suggested that Chief Justice Preethi Padman Surasena recuse from hearing the petitions

By Shamindra Ferdinando

In support of the ruling National People’s Power (NPP) government’s highly contentious move to enact the 22nd Amendment to the Constitution despite worldwide condemnation by eminent jurists, meant to extend the retirement ages of superior court judges, NPP leader and President Anura Kumara Dissanayake will address a series of countrywide meetings.

Dissanayake is also the leader of the Janatha Vimukthi Peramuna (JVP), the main constituent of the governing party.

Justice and National Integration Minister and Attorney-at-Law Harshana Nanayakkara, on 18 August, 2026, tabled the controversial 22nd Amendment Bill in Parliament. Nanayakkara also tabled the Judicature (Amendment) Bill on the same day. That will pave the way for the increase of the retirement ages of High Court judges to 63 years, and District Court and Magistrate Court judges to 62 years. The government wants to increase the retirement ages of Supreme Court and Court of Appeal judges to 67 and 65, respectively.

However, the government has proposed a six-year term for the Chief Justice but he/she will have to retire at the new mandatory retirement age of 67.

Health and Media Minister, as well as Cabinet spokesman Dr. Nalinda Jayathissa, recently announced the decision to launch the high profile propaganda campaign on 5 September. The NPP and JVP leader has vowed to enact the 22nd Amendment, come what may.

Dissanayake, who took over the party leadership on 2 February, 2014, at the 17th convention of the JVP, and formed the NPP in 2019, has indicated that he wouldn’t, under any circumstances, give up the 22nd Amendment. Dissanayake didn’t mince his words when he received a top level delegation of the Bar Association of Sri Lanka (BASL) at the Presidential Secretariat, on 12 August, to discuss the burning issue wracking the country. It would be pertinent to mention that the BASL raised the issue with Dissanayake, on 25 May, after Nanayakkara ignored their first request, made on 31 March.

The Supreme Court will hear over 20 petitions challenging the constitutionality of the 22nd Amendment Bill. Now that the matter is before the Supreme Court, the main opposition Samagi Jana Balawegaya (SJB) shouldn’t have sought to involve the BASL in a futile attempt to educate the NPP parliamentary group. The BASL, too, should know better. The BASL and SJB are among those who moved the Supreme Court. Against that background it would be unthinkable that the NPP parliamentary group wants to listen to BASL. Government activists, on Monday (24), organised a protest outside BASL Secretariat, NO. 153, Mihindu Mawatha, Colombo 12 demanding the resignation of BASL President Rajeev Amarasuriya.

SJB and Opposition Leader Sajith Premadasa clashed in Parliament with the leader of the House Bimal Rathnayake over his bid to bring in the BASL team to address the whole Parliament. NPP National List lawmaker Najith Indika declared on X that “the Opposition Leader couldn’t call all MPs for meetings. BASL either does not follow parliamentary procedure or knows how to manipulate public perception.”

The Supreme Court will receive petitions during two weeks, after the tabling of the Amendment. The Court should inform the Speaker of its determination within three weeks. Parliament will receive that determination ahead of President Dissanayake completing his second year in Office. The last presidential election was held on 21 September 2024.

Dissanayake won a five-year term and in November, the same year, led the party to a resounding victory at the parliamentary poll. The NPP/JVP position is that both Bills can be enacted with a 2/3 majority. With a mammoth 159 seats in Parliament, the government is confident that its political project can be easily achieved. But, the NPP operation has run into significant opposition with the United Nations, throwing its weight behind the BASL-led campaign.

Tabling of the two Bills on 18 August coincided with the 39th anniversary of the JVP grenade attack on the UNP parliamentary group, in the wake of the signing of the Indo-Lanka peace accord in 1987. Ajith Kumara, at that time a minor parliamentary employee, lobbed a hand grenade at the UNP group meeting, chaired by President J.R. Jayewardena. Prime Minister Ranasinghe Premadasa, too, was present. The then National Security Minister Lalith Athulathmudali narrowly escaped death in the attack that took place in the Committee Room 1 of Parliament. Deniyaya MP and Matara District Minister Keerthi Abeywickrema was killed. The writer covered the funeral, held on 22 August, 1987, at the playground of the Morawaka Maha Vidyalaya. Then the young Minister in charge of Youth Affairs and Employment, Ranil Wickremesinghe, was among those who represented the government at the funeral.

Kumara had been recruited as a sweeper by no less a person than the then Secretary General of Parliament, Nihal Seneviratne. Had Kumara been a member of the proscribed JVP at the time he joined the parliamentary staff or did the JVP approach him later?

The Colombo High Court acquitted Ajith Kumara on 12 October, 1990, and released him from custody on 6 August, 1993. Subsequently, the JVP accommodated Ajith Kumara on the party’s politburo and paved the way for him to contest the Sabaragamuwa Provincial Council poll on the JVP ticket. With fat hopes the JVP named him their chief ministerial candidate.

Key Opp demands

Pointing out that the matter before the Supreme Court judges related to them, the BASL requested that a bench consisting of a full court, comprising all the judges, be constituted to determine the constitutionality of the 22nd Amendment Bill. The BASL also requested the Supreme Court to determine that the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.

In the alternative, the BASL sought determination that Clause 2 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum and Clause 3 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.

Essentially, all petitioners have requested for a full court, comprising all Supreme Court judges and a referendum, if ordered, it’ll be the second instance. The first referendum was held in December 1982. The UNP that won an unbeatable 5/6 majority in a 168-member Parliament, at the 1977 parliamentary election, obtained a mandate of the people to extend the life of Parliament by six years. That utterly undemocratic, unreasonable and treacherous act contributed to the overall deterioration of the country. By the time the 1989 parliamentary poll was held, the police, backed by the armed forces, were fighting the JVP in the South, and the Indian Army, deployed in the Northern and Eastern regions, in terms of the Indo-Lanka Accord.

Former External Affairs Minister Prof. G. L. Peiris, convenor of the Joint Opposition grouping, too, moved the Supreme Court against the 22nd Amendment, and General Secretary of the SJB Ranjith Maddumabandara did the same. Altogether there were nearly two dozen petitioners

Ex-Law Professor Peiris has vigorously campaigned against the government move, and the weekly media briefing. held at former President Wickremesinghe’s Flower Road Office, has become the focal point of the Opposition campaign. Peiris insists that the Supreme Court shouldn’t hear the petitions as justices were direct beneficiaries of the proposed Amendment. Therefore, determination should be made at a referendum. In case the Supreme Court decides to hear the petitions, the full court consisting of all judges should be constituted to determine the constitutionality of the 22nd Amendment Bill, the former parliamentarian has asserted.

As repeatedly stressed by Prof. Peiris, two previous determinations by the Supreme Court that the alteration of superior court judges’ retirement ages should be subject to a referendum cannot be disregarded, under any circumstances. One of the determinations is of crucial importance as former Chief Justice Murdhu Fernando (December 2024 to July 2025) served on the three-member bench that made the far reaching announcement in 2022.

But, the BASL made an unexpected move on Monday. Close on the heels of its petition against the 22nd Amendment to the Constitution, the BASL filed a motion in the Supreme Court suggesting that Chief Justice Preethi Padman Suresena recuse from hearing petitions.

Petitioners BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva cited Attorney General as the respondent in a motion filed in terms of Article 121 read with Article 120 of the Constitution to determine whether the Bill, titled “Twenty Second Amendment to the Constitution,” or any part thereof, is required to be passed by a Referendum in terms of Article 83 of the Constitution.

The BASL pointed out that the first Judge of the Supreme Court, who would benefit if this Bill is enacted into law without the process of a referendum, is the Chief Justice, and further that if a referendum is mandated, then that there is a possibility that the Chief Justice may retire before its completion, and if for those reasons, the Chief Justice wished to recuse from hearing this matter, then the petitioners have requested the Chief Justice to constitute a bench comprising of all other judges in Supreme Court.

The maximum number of Supreme Court and Court of Appeal judges are 17, including the CJ and 20 judges ,including the President of the Court of Appeal, respectively. The NPP caused controversy by not filling vacancies among the superior court judges with the Opposition alleging there were four vacancies each. There’ll be another vacancy among the Court of Appeal judges in the first week of September.

The warning issued by the UN following a spate of other statements from various local and international bodies has brought tremendous pressure on the government. Having initially denied any knowledge of a joint letter, dated July 31, addressed to President Dissanayake by the Malwatta, Asgiriya, Amarapura and Ramanna chapters, the government, on 11 August, admitted the President received the letter.

However, the Catholic Bishops Conference publicly commented on this issue, only on 20 August, after all other concerned parties censured the government over the move. A section of the civil society that portrayed the 22nd Amendment as the panacea for a mountain of cases held up in courts had no option but to sing a different tune after the UN warned the NPP government over the pet project that seemed to have backfired. The UN’s position rattled the government and its backers.

18A and 20A

War-winning President Mahinda Rajapaksa enacted 18th Amendment to the Constitution in early September 2010. That despicable political project did away with a two-term time limit for the executive president and expanded presidential powers over independent commissions. That Bill received 161 votes, two more than the NPP parliamentary group. But, 18A didn’t do any good for President Rajapaksa or his party. Maithripala Sirisena, General Secretary of Mahinda Rajapaksa’s party, betrayed him, won the 2015 presidential election, and created an utterly undesirable political environment that, over a period of 10 years, ruined the country’s major political parties.

The emergence of the NPP as the dominant power should be examined taking into consideration the deterioration of the UNP, SLFP and the SLPP. The UNP and SLFP are no longer represented in Parliament while the SLPP that won a commanding 145 seats at the 2020 parliamentary poll was reduced to just three lawmakers in Parliament. SLPP’s National Organiser Namal Rajapaksa was so concerned about the transformation of the political environment he took refuge in the National List. Had he not taken that precaution, he wouldn’t be in Parliament today. While the SLPP deteriorated from 145 seats to just three, the NPP, whose 2020 parliamentary group consisted of just three, including one National List member (Dr. Harini Amarasuriya) ended up taking 159 seats, the best results achieved under the Proportional Representation system introduced in 1989.

Having handsomely won the 2019 presidential election, Gotabaya Rajapaksa brought in the 20th Amendment aimed at further consolidating his hold on power. Basil Rajapaksa, a dual citizen of Sri Lanka and the US, wanted to enter Parliament through the National List. The Rajapaksas removed a particular clause through the 19th Amendment to enable Basil Rajapaksa to enter Parliament. Subsequently, the SLPP accommodated Basil Rajapaksa in the Cabinet as the all-powerful Finance Minister. He succeeded Mahinda Rajapaksa in July 2021. But by then, the national economy had suffered irreparable damage and the 20th Amendment, meant to consolidate executive power, seemed irrelevant. Public protest campaign that received overt and covert US and Indian backing was launched in March 2022, leading to President Gotabaya Rajapaksa’s unceremonious ouster in July of same year due to India and Western backed violent protests.

The 18th Amendment and the 20th Amendment were enacted at the expense of particularly the 17th and 19th Amendments, respectively.

The Frontline Socialist Party (FSP) has alleged that the 22nd Amendment would enable the government to implement its neoliberal programme. The breakaway JVP group has asserted that the government’s sinister project is intended to remove whatever obstacles to its neoliberal strategy.

FSP’s Education Secretary Pubudu Jayagoda said: “A new Fisheries Act will divide the ocean into plots, lease the fish-rich areas to multinational corporations, and deprive local fishermen the opportunity to catch fish in the deep sea. The biggest obstacle to this is the fishermen. A Quality Assurance and Accreditation Commission Act is being drafted to grant state recognition and legality to degree mills. Three thousand schools are going to be closed, depriving children of the fundamental right to education. To do that, every pillar of the state must be brought under government control. A long list can be given: privatising hospital laboratory services, selling off state institutions, bringing forward new repressive laws like the PSTA (Protection of the State from Terrorism Act), and a new Cooperatives Act that snatches away people’s funds—many things like that. Taking the arbitrary power required to execute these into the hands of the executive is the true objective of this constitutional amendment.”

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Midweek Review

Shakespeare’s female characters

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Ophelia in a scene from Hamlet

Displaying Gender-Based Issues that Resonate with Our Times

by Dr. Siri Galhenage
Psychiatrist [Retd]

In most of William Shakespeare’s plays, the protagonists are male. He created such memorable characters as Hamlet, Othello, King Lear, Macbeth, Julius Caesar, Prospero, Coriolanus, the monarchs of history plays and many others – heroes as well as villains. This was a reflection of the societal values of the time. Women were not permitted to perform on stage, and all female roles were played by young males – a practice that continued for nearly half a century after Shakespeare’s death. This was so even though Elizabeth 1, the learned female monarch of England and Ireland and a humanist, occupied the throne during most of Shakespeare’s writing life [1580–1613], and extended her patronage to his plays.

Nevertheless, compared with his contemporaries Christopher Marlowe and Ben Jonson, Shakespeare wrote a greater number of plays featuring prominent female characters that drove the narratives, providing insights into intra-psychic, interpersonal, social and moral aspects of life.

I have selected two such female characters from Shakespeare’s plays and another from one of his narrative poems to illustrate this idea, focusing primarily on gender based violence – emotional, physical and sexual – that continues to resonate in our own times. I have also chosen another female character who challenged the gender constraints that imposed by contemporary society.

DESDEMONA in Othello

A Victim of Morbid Jealousy

A scene from As You Like It

Jealousy, as a human experience, has many nuances of meaning, ranging from the harmless to the morbid, including delusional forms, with many variations in between. The object of concern in jealousy is the suspicion of unfaithfulness or infidelity on the part of a loved one, commonly a female partner in a marital relationship. In its morbid form, accompanied by intense passion, jealousy has the potential to be destructive and even dangerous, placing the spouse at risk. It is not an uncommon presentation in clinical practice attracting the diagnosis of ‘Othello Syndrome’ although there is disagreement among clinicians about the application of the term.

Othello, a valiant soldier of African heritage in the state of Venice, had no difficulty winning the heart of Desdemona, the attractive young daughter of a prosperous senator. He took her away in defiance of her father’s wish for her to marry into the Venetian nobility. At this point, the Turks were preparing to regain Venetian-held territory in Cyprus, and Othello, recognised for his military prowess, was selected to lead the defence of the territory.

Despite the imminent Turkish attack on Cyprus, Desdemona preferred to remain with her husband rather than stay in Venice. The attack did not eventuate, however, because a violent storm dispersed and destroyed the invading Turkish fleet. The Venetian forces rejoiced, and the occasion provided an added opportunity to celebrate the marriage of Othello and Desdemona.

Casio, a close confidant of Othello, who had been recently promoted to lieutenant, was delegated to supervise the festivities. Cassio’s promotion caused great offence to Iago, who strongly believed that he was better suited to the position. He plotted to take revenge on Othello and Cassio by planting the seed of doubt in Othello’s mind through innuendo and trickery, casting suspicion on Desdemona’s fidelity and on her relationship with good-looking Cassio. Desdemona, a woman of exuberance and humour, became the unwitting focus of Iago’s manipulation.

The dissonance that arose in Othello’s mind eventually reached a climax when he accused his wife of infidelity and became convinced that she should die. Despite Desdemona’s plea for compassion, Othello strangled her to death. On finally gaining insight into the whole saga, Othello fell on his sword beside his wife.

OPHELIA in Hamlet – A Case of Manic Defence in response
to emotional abuse

Hamlet, the Prince of Denmark, takes centre stage in the play of the same name, and his mental processes have been the focus of scrutiny by successive generations of critics.

Young Prince Hamlet is faced with a complex emotional challenge following the sudden death of his father, King Hamlet, he idolised. The late king’s brother, usurper to the throne, hastily marries the widowed queen, denying the young prince his lawful right to sovereignty. Hamlet’s grief is compounded by his outrage towards his mother and his lingering doubts about the circumstances of his father’s death. He lapses into a state of melancholy.

But the impact of Hamlet’s emotional instability and the displacement of his anger onto Ophelia, to whom the prince had professed his love, receive less attention by critics, despite the significant psychological issues raised by her predicament. The episode in which Hamlet directs his anger towards Ophelia – often referred to as the ‘nunnery scene’ – is considered one of the most vicious in all Shakespeare.

Get thee to a nunnery. Why wouldst thou be a breeder of sinners?”…. “If thou dost marry, I’ll give this plague for thy dowry, be thou as chaste as ice, as pure as snow, thou shall not escape calamity. Get thee to a nunnery; go, farewell. Or if thou wilt needs marry, marry a fool, for wise men know well enough what monsters you make of them. To a nunnery go, quickly too. Farewell

Her love for Prince Hamlet was forbidden from the outset by her father, the scheming counsellor, Polonius, and by her brother Laertes; she was obedient to them.  With her dignity destroyed by the very person she loved and her father killed, albeit inadvertently by the hand of her lover, she nevertheless reacted with compassion. With her brother away in France, Ophelia is bereft of any meaningful relationships.

With no one left to confide in, her mind had no alternative but to escape reality. She lapsed into a state of mania – a state of ‘fragile happiness’ with underlying deep sorrow; an unconscious defensive operation of the mind known as ‘manic defence’, as described by Melanie Klein [1882-1960], the  renowned Austrian Psychoanalyst.

In this state of mind, Ophelia presents herself before the king and queen, singing snatches of song concerning love, death and betrayal. Her behaviour is totally out of character to her formerly demure self. Here are a few excerpts from her verses illustrating what might be described as a ‘flight of ideas’.

How should I your true love know/ From another one? / By his cockle hat and staff/ And his sandal shoon…”

“He is dead and gone, lady/ He is dead and gone/ At his head a grass green turf/ At his heels a stone…

They say the owl was a baker’s daughter. Lord we know what we are, but know not what we may be. God be at your table …

Hey non nonny, nonny, hey nonny/ And in his grave rained many a tear …” “You must sing ’Adown adown’ and you call him adown-a.”

Later, Queen Gertrude, Hamlet’s mother, announced that Ophelia ‘Fell in a weeping brook while making garlands from crow-flowers, nettles, daisies and long purples’, and had made no attempt to save herself. At the graveyard two gravediggers discussed whether she deserves a Christian burial as she appeared to have taken her own life.

LUCRECE – in Shakespeare’s narrative poem The Rape

of Lucrece

Reworked from a story by the Roman historian Livy, Shakespeare’s innovative narrative poem, first published in 1594, gives access to the mind of a victim of sexual assault. Set in ancient Rome, the poem gives expression to the agony of Lucrece, the gracious wife of a nobleman, following a savage attack upon her by Sextus Tarquinius, the son of the brutal king Lucius Tarquinius of Rome.

During a joyous conversation, a group of young noblemen were commenting on the virtues of their wives when Collatinus extolled the incomparable beauty and chastity of his beloved Lucrece. Aroused by the description of her elegance, young Sextus makes a covert exit, ‘borne by the trustless wings of desire’ in pursuit of his prey –the peerless dame’, ‘weakly fortressed from a world of harm.

Lucrece warmly welcomes her royal guest, who shows no inward ill or outward harm. He praises her husband’s military prowess, ‘pawning his honour to obtain his lust. During the conversation he scans her beauty and burns with sexual desire, yet ‘is madly toss’d between desire and dread. His ambivalence finally gives way to desire. ‘Desire my pilot, beauty my prize/ ‘Then who fears sinking where such treasure lies?’ This said, he advances upon her, ‘like a falcon towering in the skies, that ‘Coutcheth the fowl with his wings’ ‘So under his insulting falcon lies/ Harmless Lucretia’ shade’, trembling with fear, ‘as fowl hear falcon’s bells’. She ‘lies at the mercy of his moral sting’ and finally succumbs ‘To the rough beast that knows no gentle right/ Nor aught obey but his foul appetite’.

Lucrece is shattered, perplexed and grief-stricken by the unexpected assault on her by her honoured guest. ‘I alone must sit and pine/ Seasoning the earth with showers of silver brine’. She weeps, ‘O unseen shame, invisible disgrace/ O unfelt sore, crest wounding private scar’. Her anguish is further expressed through the image of the violated hive. ’My honey lost, and I, a drone – like bee, have no perfection of my summer left/ But robb’d and ransack’d by injurious theft./ In thy weak hive a wand’ring wasp hath kept/ And suck’d the honey which thy chaste bee kept’.

In this state of mourning, Lucrece despatches two messengers: one to her father in Rome and the other to her husband on the battlefield. On their arrival, she reveals the circumstances of her agony and names the individual responsible. She then stabs herself to death.

Their entourage carry her body through Rome and vow to avenge the death of this incomparable woman of chaste’. By public acclaim the reign of Tarquins is overthrown, and the rule of Rome handed over to the consuls.

A scene from Othello

ROSALIND in ‘As You Like It’ – Challenging the Gender Constraints

One of the few female characters to play a leading role is Rosalind in ‘As You Like It’. She remains much to the liking of many a theatre goer because of her wit, wisdom and inner strength. Rosalind transcends the constraints imposed on women during the Shakespearean era – constraints that continue to resonate in certain cultures even today.

Two young women of noble birth flee the oppressive court in disguise and seek refuge in the Forest of Arden. Rosalind disguised as a young man, Ganymede, while her devoted cousin Celia adopts the name Aliena. As they depart Celia declares, “Now go we in content/ To liberty, and not to banishment.” Orlando, the object of Rosalind’s affection, also escapes to the forest to evade the hostility of his brother. Unaware of Rosalind’s disguise, he expresses his love by hanging verses in her praise upon the trees. Although Rosalind discovers these poems, she chooses to maintain her disguise, using it as an opportunity to test Orlando’s devotion and explore the nature of love, courtship, and the differing gender expectations. The play reaches a conclusion by Rosalind dropping her disguise, and the two uniting in love.

*****

Gender-based violence is recognised globally as a pervasive violation of human rights and a significant social, cultural and public health concern. Violence against women, including emotional, physical and sexual, varies across societies in form and prevalence, and is often rooted in unequal power relations and social structures that perpetuate male dominance. Gender-based violence requires collective action through education, legal protection, economic empowerment, accessible support services and changes in attitudes and cultural practices. Power and influence should not be allowed to shield the perpetrators.

Art, including dramatic and literary art, serves to illuminate human experience. It allows us to explore emotions, ideas and moral dilemmas that may otherwise remain beyond ordinary expression. Art can entertain and inspire, but it can also challenge our assumptions, evoke empathy, and offer new ways of seeing ourselves and the world around us. In this sense, art is not merely a form of aesthetic pleasure; it is a means of understanding what it means to be human.

Desdemona, Ophelia, Lucrece and Rosalind are among Shakespeare’s more prominent female characters. The first three are innocent victims of male violence in different forms, evoking our empathy and compassion; the fourth challenges the gender assumptions and constraints of the time. Together, they illuminate gender-based issues that are both universal and timeless. In this sense, Shakespeare remains ‘our contemporary’, as Jan Kott, Polish-American literary critic, famously observed.

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Midweek Review

Nature’s Distress

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By Lynn Ockersz

Nature’s not on any vengeance trail….

Rather, from dense forests of the West,

Now all aflame in parts as if in rage,

To South-East Asia’s savaging floods,

And Sri Lanka’s fierce dry spells,

Where man and beast are imperiled,

Nature’s signaling she’s distressed,

Over her custodian’s ravenous lust,

Which unceremoniously gobbles-up,

Her graciously bestowed riches;

‘Take warning; slow down at least now’,

She seems to be chiding her wayward son,

‘Be gentle with me and all my treasures,

And I’ll look to your continuing wellness,

But rein-in your self-destructive fire,

Lest it consumes your willful self in full,

And all I have left in your custodial care.’

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