Features
Anti-Terrorism Bill aimed at creating fascist dictatorship – III
By Kalyananda Tiranagama
(Continued from yesterday)
Declaration of Prohibited Places
On a recommendation made by the IGP, the President may publish a Gazette notification declaring any public place or any other location as a Prohibited Place, for the purposes of this Act. Prohibitions imposed may include entry without permission, taking photographs, video recording and making sketches of the place. – S. 85,
Wilful contravention of a Prohibition Order by entering or remaining in a prohibited place is an offence punishable with imprisonment for a period not exceeding 3 years and fine not exceeding Rs. 300,000.Any police officer may seize any movable property used for or concerned in committing any offence under this section. On conviction of the offender the Magistrate may confiscate such property. – S. 86
Defence Secretary armed with arbitrary power overriding the Judiciary to detain suspects till the conclusion of the trial
A new provision which was not in the PTA or in the CTB, has been added to the ATB giving arbitrary powers to the Secretary of the Ministry of Defence enabling him to order detention of terrorist suspects belonging certain selected categories facing High Court trials till the conclusion of the trial. It appears to be a provision added with a view to achieve a political objective rather than a legal requirements.It is not the Law, AG or the Judiciary that decides whether a suspect is to be kept in detention till the conclusion of the Trial, but the Defence Secretary.
Notwithstanding any other provision of this Act or any other law, the Secretary of the Ministry of Defence may, if he is of opinion that it is necessary or expedient to do so in the interest of national security and public order, make Order that an accused remanded by the High Court, be kept in the custody of any authority in such place and subject to such conditions as may be determined by him; his Order is only subjected to directions given by the High Court to ensure a fair trial; On the communication of his Order to the High Court and the Commissioner General of Prisons, it is the duty of the Commissioner General to deliver the custody of such person to the authority specified in such Order and the provisions in the Prisons Ordinance shall not apply to such person in custody. – S. 73
PTA did not contain this type of arbitrary, draconian provisions overriding the law, powers of the Court and the AG in respect of suspects indicted before the High Court.
Silencing Critics of Govt by Penalising them through Administrative Process without being charged in or convicted by a Court of LawUnder the PTA, the Attorney General has no option but to indict a person who has committed an offence under the PTA if evidence is available showing the commission of the offence.
Under ATB, the Attorney General can suspend or differ the institution of proceedings against a person alleged to have committed an offence under the Act for a period not exceeding 20 years if the suspect is agreeable to fulfil conditions laid down by the AG. – S. 71
It appears that this a ruse to be adopted to silence the persons engaging in struggles, agitations and campaigns against the Govt by compelling them to admit in public that they have done something that should not have been done and subjecting them to public humiliation and preventing them from participation in any future anti-govt political activities under the threat of being prosecuted years later with offences punishable with long term jail sentences running into 10 – 15 years if they fail to comply with the conditions imposed by the AG.
On application of the AG, High Court shall order the person alleged to have committed the offence to appear before Court, notify such person of the conditions imposed and provide him an opportunity to be heard and consent to the conditions imposed;
If such person fulfils the conditions imposed during the period given for fulfilling such conditions, the AG shall not institute criminal proceedings against the person alleged to have committed the offence. If the person fails to comply with the conditions without a valid excuse, AG may institute criminal proceedings against such person after the lapse of the period given to fulfil the conditions.
Conditions for suspension or deferment of institution of criminal proceedings
The following are the Conditions for consideration of suspension or deferment of institution of criminal proceedings against a suspect:
a. to publicly express remorse or apology before the High Court, using a text issued by the AG:
* In effect this will amount to pleading guilty, though the suspect is not yet charged;
b. paying reparation to the victims of the offence, as specified by the AG;
* This may not be applicable as in most of the cases, there will be no victims:
c. to participate in a specified program of rehabilitation;
d. to engage in specified community or social service;
* This will have a demoralising or humiliating effect on the suspects as most of them will be leading personal in trade unions, professional associations or social organizations when they are sent to a rehabilitation facility with other undesirable elements like drug offenders, or beggars; or required to engage in community or social service work like sweeping roads or cleaning public parks or other public places for 3 – 6 weeks;
e. to publicly undertake to refrain from committing an offence under the Act;
f. to refrain from committing any indictable offence, or act of breach of peace.
* Though breach of peace is not an indictable offence, every public protest, demonstration, agitational campaign with the participation of large group of people may result in acts of breach of peace.
* AG may impose a condition requiring the suspect to give an undertaking to refrain from committing an offence under the Act or any act involving breach of peace for 20 years, He may remain a virtual prisoner for life being unable to participate in any public protest campaign. This will operate like a binding order imposed by a Court of law on a criminal convicted of and sentenced for a criminal offence.
* This may result in subjecting the suspect to long time mental torture as he has to live in constant fear that he may be indicted under this Act any within that period of 20 years for the offence he is alleged to have committed punishable with long term jail sentence of 15 – 20 years.
* This Provision will have a deterrent effect on all social activists concerned with the welfare of the country and the people preventing them from participation in social struggles.
Violation of Fundamental Rights
Other than a few additions made further strengthening the existing provisions, the Anti-Terrorism Bill has reintroduced almost all the provisions in the Counter Terrorism Bill which appear to have the effect of curtailing fundamental rights of the people guaranteed by the Constitution.
Freedom of speech and expression, freedom of peaceful assembly, freedom of association, freedom of engaging in trade union activities, freedom of movement within the country – are fundamental rights of the people guaranteed by Article 14 of the Constitution. In several fundamental rights cases our Supreme Court has held that people exercise their fundamental right of freedom of expression when they exercise their franchise at elections. At a time when elections are continuously being postponed, public protest against the harmful policies of the government is the only alternative avenue left to the people to express their disapproval in an effective manner.
Every organ of Government including the Judiciary is bound to respect, secure and advance the fundamental rights of the people. Fundamental Rights should not be abridged, restricted or denied except in the manner and to the extent provided in Article 15 of the Constitution. Many of the provisions in these Bills may inevitably result in the restriction, denial and infringement of fundamental rights of the people guaranteed by Articles 11, 12 (1), 13 and 14 (1) (a), (b), (c), (d) and (h) of the Constitution in their enforcement without adequate safeguards.
Most of the objectionable provisions in the Counter Terrorism Bill are found
in Sections 3 (1) (a), (b), (c); 3 (2) (c), (d) (f), (h); 4 (1) (c); 14; 62 and 67 of the Bill. Several of these provisions are liable to be abused without any safeguards to prevent such abuse, resulting in the violation the fundamental right to equality before the law and equal protection of the law, guaranteed by Article 12 (1) of the Constitution.
SC Determination on the Counter Terrorism Bill
Seven Determination Applications have been filed in the Supreme Court in respect of the Counter Terrorism Bill. Six of the Applications appear to have been filed by or on behalf of persons or groups seeking to review the PTA with a view to getting its provisions more relaxed and acceptable to NGO groups sympathetic to religious and racial extremists. Only one application has been filed by an opposition political party concerned with protecting people’s rights. It is sad to note that the Joint Opposition or Sri Lanka Podu Jana Peramuna, BASL or any other professional organizations concerned with erosion of human and democratic rights of the people have failed to come forward to challenge this objectionable Bill.
It appears from the Supreme Court decision on the Bill that the Court has not been invited to examine the objectionable provisions contained in Sections 3 (1) (a), (b), (c); 3 (2) (c), (d) (f), (h); 4 (1) (c); 14; 62 and 67 of the Bill.
In its Judgement running into 12 pages (in the Hansard), in 11 pages the Court has examined various other points raised by Counsels concerned with rights of terrorists arrested such as Sections 2 dealing with jurisdiction under the Act; S. 4 (1) (a), (b) – imposing life imprisonment instead of death penalty for murder; S. 5 – imposing jail sentence of 15 years instead of death penalty for abetment of murder; S. 24 (1), 27 (1) – dealing with period of police custody and medical examination of suspects arrested; S. 36 (6), 39 dealing with Magistrate’s power to remand or release a suspect; S. 68 (5) – dealing with Magistrate’s power to remand a suspect declining to make a statement to the Magistrate, and S. 93 (3) defining the term ‘law’ to include international instruments which recognize human rights and to which Sri Lanka is a signatory.
Without much elaboration, regarding S. 62 (1) and 81 (1) of the Bill the Court has held that under Article 15 (7) of the Constitution the Parliament can enact legislation in the interest of national security, placing restrictions on the exercise of fundamental rights guaranteed by Article 14 of the Constitution and enacting such legislation cannot violate the fundamental rights.
It is sad to note that the Court’s attention has not been adequately drawn to the serious impact of Sections 3 (1) (a), (b), (c); 3 (2) (c), (d) (f), (h); 4 (1) (c); 14; 62 and 67 of the Bill on the fundamental rights of the people on various grounds which have nothing to do with national security or terrorism.
The Court has held that other than S. 4 (a) and (b), 68 (5) and 93 (3), the Bill can be passed with a simple majority.
S, 4 (a) and (b) of the Bill – the penalty for murder and abetment to commit murder is life imprisonment. In the Penal Code, penalty for murder is death penalty. This violates Article 12 (1).
S. 68 (5) – When a suspect declines to make a statement to the Magistrate, such fact shall be communicated by the Magistrate to the relevant Police Officer and the suspect shall be kept in remand custody. This violates Article 12 (1).
S. 99 (3) – For the purpose of this section the expression ‘law’ includes international instruments which recognize human rights and to which Sri Lanka is a signatory. This is inconsistent with Articles 3 and 4 of the Constitution. AG had suggested certain amendments to overcome these inconsistencies.
Features
US-CHINA RIVALRY: Maintaining Sri Lanka’s autonomy
During a discussion at the Regional Center for Strategic Studies (RCSS) in Sri Lanka on 9 December, Dr. Neil DeVotta, Professor at Wake Forest University, North Carolina, USA commented on the “gravity of a geopolitical contest that has already reshaped global politics and will continue to mould the future. For Sri Lanka – positioned at the heart of the Indian Ocean, economically fragile, and diplomatically exposed- his analysis was neither distant nor abstract. It was a warning of the world taking shape around us” (Ceylon Today, December 14, 2025).
Sri Lanka is known for ignoring warnings as it did with the recent cyclone or security lapses in the past that resulted in terrorist attacks. Professor De Votta’s warning too would most likely be ignored considering the unshakable adherence to Non-Alignment held by past and present experts who have walked the halls of the Foreign Ministry, notwithstanding the global reshaping taking place around us almost daily. In contrast, Professor DeVotta “argued that nonalignment is largely a historical notion. Few countries today are truly non-aligned. Most States claiming neutrality are in practice economically or militarily dependent on one of the great powers. Sri Lanka provides a clear example while it pursues the rhetoric of non-alignment, its reliance on Chinese investments for infrastructure projects has effectively been aligned to Beijing. Non-alignment today is more about perceptions than reality. He stressed that smaller nations must carefully manage perceptions while negotiating real strategic dependencies to maintain flexibility in an increasingly polarised world.” (Ibid).
The latest twist to non-alignment is Balancing. Advocates of such policies are under the delusion that the parties who are being “Balanced” are not perceptive enough to realise that what is going on in reality is that they are being used. Furthermore, if as Professor DeVotta says, it is “more about perception than reality”, would not Balancing strain friendly relationships by its hypocrisy? Instead, the hope for a country like Sri Lanka whose significance of its Strategic Location outweighs its size and uniqueness, is to demonstrate by its acts and deeds that Sri Lanka is perceived globally as being Neutral without partiality to any major powers if it is to maintain its autonomy and ensure its security.
DECLARATION OF NEUTRALITY AS A POLICY
Neutrality as a Foreign Policy was first publicly announced by President Gotabaya Rajapaksa during his acceptance speech in the holy city of Anuradhapura and later during his inauguration of the 8th Parliament on January 3, 2020. Since then Sri Lanka’s Political Establishment has accepted Neutrality as its Foreign Policy judging from statements made by former President Ranil Wickremesinghe, Prime Minister Dinesh Gunawardena and Foreign Ministers up to the present when President Dissanayake declared during his maiden speech at the UN General Assembly and captured by the Head Line of Daily Mirror of October 1, 2025: “AKD’s neutral, not nonaligned, stance at UNGA”
The front page of the Daily FT (Oct.9, 2024) carries a report titled “Sri Lanka reaffirms neutral diplomacy” The report states: “The Cabinet Spokesman and Foreign Minister Vijitha Herath yesterday assured that Sri Lanka maintains balanced diplomatic relations with all countries, reaffirming its policy of friends of all and enemy of none”. Quoting the Foreign Minister, the report states: “There is no favouritism. We do not consider any country to be special. Whether it is big or small, Sri Lanka maintains diplomatic relations with all countries – China, India, the US, Russia, Cuba, or Vietnam. We have no bias in our approach, he said…”
NEUTRALITY in OPERATION
“Those who are unaware of the full scope and dynamics of the Foreign Policy of Neutrality perceive it as being too weak and lacking in substance to serve the interests of Sri Lanka. In contrast, those who are ardent advocates of Non-Alignment do not realize that its concepts are a collection of principles formulated and adopted only by a group of like-minded States to meet perceived challenges in the context of a bi-polar world. In the absence of such a world order the principles formulated have lost their relevance” (https://island.lk/relevance-of-a neutral-foreign-policy).
“On the other hand, ICRC Publication on Neutrality is recognized Internationally “The sources of the international law of neutrality are customary international law and, for certain questions, international treaties, in particular the Paris Declaration of 1856, the 1907 Hague Convention No. V respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, the 1907 Hague Convention No. XIII concerning the Rights and Duties of Neutral Powers in Naval War, the four 1949 Geneva Conventions and Additional Protocol I of 1977 (June 2022)” (Ibid).
“A few Key issues addressed in this Publication are: “THE PRINCIPLE OF INVOILABILITY of a Neutral State and THE DUTIES OF NEUTRAL STATES.
“In the process of reaffirming the concept of Neutrality, Foreign Minister Vijitha Herath stated that the Policy of Neutrality would operate in practice in the following manner: “There is no favoritism. We do not consider any country to be special. Whether it is big or small, Sri Lanka maintains diplomatic relations with all countries – China, India, the US, Russia, Cuba or Vietnam. We have no bias in our approach” (The Daily FT, Oct, 9, 2024).
“Essential features of Neutrality, such as inviolability of territory and to be free of the hegemony of power blocks were conveyed by former Foreign Minister Ali Sabry at a forum in Singapore when he stated: “We have always been clear that we are not interested in being an ally of any of these camps. We will be an independent country and work with everyone, but there are conditions. Our land and sea will not be used to threaten anyone else’s security concerns. We will not allow military bases to be built here. We will not be a pawn in their game. We do not want geopolitical games playing out in our neighbourhood, and affecting us. We are very interested in de-escalating tensions. What we could do is have strategic autonomy, negotiate with everyone as sovereign equals, strategically use completion to our advantage” (the daily morning, July 17, 2024)
In addition to the concepts and expectations of a Neutral State cited above, “the Principle of Inviolability of territory and formal position taken by a State as an integral part of ‘Principles and Duties of a Neutral State’ which is not participating in an armed conflict or which does not want to become involved” enabled Sri Lanka not to get involved in the recent Military exchanges between India and Pakistan.
However, there is a strong possibility for the US–China Rivalry to manifest itself engulfing India as well regarding resources in Sri Lanka’s Exclusive Economic Zone. While China has already made attempts to conduct research activities in and around Sri Lanka, objections raised by India have caused Sri Lanka to adopt measures to curtail Chinese activities presumably for the present. The report that the US and India are interested in conducting hydrographic surveys is bound to revive Chinese interests. In the light of such developments it is best that Sri Lanka conveys well in advance that its Policy of Neutrality requires Sri Lanka to prevent Exploration or Exploitation within its Exclusive Economic Zone under the principle of the Inviolability of territory by any country.
Another sphere where Sri Lanka’s Policy of Neutrality would be compromised is associated with Infrastructure Development. Such developments are invariably associated with unsolicited offers such as the reported $3.5 Billion offer for a 200,000 Barrels a day Refinery at Hambantota. Such a Project would fortify its presence at Hambantota as part of its Belt and Road Initiative. Such offers if entertained would prompt other Global Powers to submit similar proposals for other locations. Permitting such developments on grounds of “Balancing” would encourage rivalry and seriously threaten Sri Lanka’s independence to exercise its autonomy over its national interests.
What Sri Lanka should explore instead, is to adopt a fresh approach to develop the Infrastructure it needs. This is to first identify the Infrastructure projects it needs, then formulate its broad scope and then call for Expressions of Interest globally and Finance it with Part of the Remittances that Sri Lanka receives annually from its own citizens. In fact, considering the unabated debt that Sri Lanka is in, it is time that Sri Lanka sets up a Development Fund specifically to implement Infrastructure Projects by syphoning part of the Foreign Remittances it receives annually from its citizens . Such an approach means that it would enable Sri Lanka to exercise its autonomy free of debt.
CONCLUSION
The adherents of Non-Alignment as Sri Lanka’s Foreign Policy would not have been pleased to hear Dr. DeVotta argue that “non-alignment is largely a historical notion” during his presentation at the Regional Center for Strategic Studies in Colombo. What is encouraging though is that, despite such “historical notions”, the political establishment, starting with President Gotabaya Rajapaksa and other Presidents, Prime Ministers and Ministers of Foreign Affairs extending up to President AKD at the UNGA and Foreign Affairs Minister, Vijitha Herath, have accepted and endorsed neutrality as its foreign policy. However, this lack of congruence between the experts, some of whom are associated with Government institutions, and the Political Establishment, is detrimental to Sri Lanka’s interests.
If as Professor DeVotta warns, the future Global Order would be fashioned by US – China Rivalry, Sri Lanka has to prepare itself if it is not to become a victim of this escalating Rivalry. Since this Rivalry would engulf India a well when it comes to Sri Lanka’s Exclusive Economic Zone (EEC), Sri Lanka should declare well in advance that no Exploration or Exploitation would be permitted within its EEC on the principle of inviolability of territory under provisions of Neutrality and the UN adoption of the Indian Ocean as a Zone of Peace.
As a measure of preparedness serious consideration should be given to the recommendation cited above which is to set up a development fund by allocating part of the annual dollar remittances to finance Sri Lanka’s development without depending on foreign direct investments, export-driven strategies or the need to be flexible to negotiate dependencies; A strategy that is in keeping with Sri Lanka’s civilisational values of self-reliance. Judging from the unprecedented devastation recently experienced by Sri Lanka due to lack of preparedness and unheeded warnings, the lesson for the political establishment is to rely on the wisdom and relevance of Self-Reliance to equip Sri Lanka to face the consequences of the US–China rivalry.
by Neville Ladduwahetty ✍️
Features
1132nd RO Water purification plant opened at Mahinda MV, Kauduluwewa
A project sponsored by Perera and Sons (P&S) Company and built by Sri Lanka Navy
Petroleum Terminals Ltd
Former Managing Director Ceylon Petroleum Corporation
Former High Commissioner to Pakistan
When the 1132nd RO plant built by the Navy with funds generously provided by M/S Perera and Sons, Sri Lanka’s iconic, century-old bakery and food service chain, established in 1902, known for its network of outlets, numbering 235, in Sri Lanka. This company, established in 1902 by Philanthropist K. A. Charles Perera, well known for their efforts to help the needy and humble people. Helping people gain access to drinking water is a project launched with the help of this esteemed company.
The Chronic Kidney Disease (CKD) started spreading like a wildfire mainly in North Central, North Western and Eastern provinces. Medical experts are of the view that the main cause of the disease is the use of unsafe water for drinking and cooking. The map shows how the CKD is spreading in Sri Lanka.
In 2015, when I was the Commander of the Navy, with our Research and Development Unit of SLN led by a brilliant Marine Engineer who with his expertise and innovative skills brought LTTE Sea Tigers Wing to their knees. The famous remote-controlled explosive-laden Arrow boats to fight LTTE SEA TIGER SUCIDE BOATS menace was his innovation!). Then Captain MCP Dissanayake (2015), came up with the idea of manufacturing low- cost Reverse Osmosis Water Purification Plants. The SLN Research and development team manufactured those plants at a cost of one-tenth of an imported plant.

Gaurawa Sasthrawedi Panditha Venerable Devahuwe Wimaladhamma TheroP/Saraswathi Devi Primary School, Ashokarama Maha Viharaya, Navanagara, Medirigiriya
The Navy established FIRST such plant at Kadawatha-Rambawa in Madawachiya Divisional Secretariat area, where the CKD patients were the highest. The Plant was opened on 09 December 2015, on the 65th Anniversary of SLN. It was an extremely proud achievement by SLN
First, the plants were sponsored by officers and sailors of the Sri Lanka Navy, from a Social Responsibility Fund established, with officers and sailors contributing Rs 30 each from their salaries every month. This money Rs 30 X 50,000 Naval personnel provided us sufficient funds to build one plant every month.
Observing great work done by SLN, then President Maithripala Sirisena established a Presidential Task Force on eradicating CKD and funding was no issue to the SLN. We developed a factory line at our R and D unit at Welisara and established RO plants at double-quick time. Various companies/ organisations and individuals also funded the project. Project has been on for the last ten years under six Navy Commanders after me, namely Admiral Travis Sinniah, Admiral Sirimevan Ranasinghe, Admiral Piyal de Silva, Admiral Nishantha Ulugetenna, Admiral Priyantha Perera and present Navy Commander Vice Admiral Kanchana Banagoda.
Each plant is capable of producing up to 10,000 litres of clean drinking water a day. This means a staggering 11.32 million litres of clean drinking water every day!
The map indicates the locations of these 1132 plants.
Well done, Navy!
On the occasion of its 75th Anniversary celebrations, which fell on 09 December 2025, the Navy received the biggest honour. Venerable Thero (Venerable Dewahuwe Wimalarathana Thero, Principal of Saraswathi Devi Primary Pirivena in Medirigiriya) who delivered the sermons during opening of 1132nd RO plant, said, “Ten years ago, out of 100 funerals I attended; more than 80 were of those who died of CKD! Today, thanks to the RO plants established by the Navy, including one at my temple also, hardly any death happens in our village due to CKD! Could there be a greater honour?
Features
Poltergeist of Universities Act
The Universities Act is back in the news – this time with the present government’s attempt to reform it through a proposed amendment (November 2025) presented by the Minister of Education, Higher Education and Vocational Education, Harini Amarasuriya, who herself is a former academic and trade unionist. The first reading of the proposed amendment has already taken place with little debate and without much attention either from the public or the university community. By all counts, the parliament and powers across political divisions seem nonchalant about the relative silence in which this amendment is making its way through the process, indicative of how low higher education has fallen among its stakeholders.
The Universities Act No. 16 of 1978 under which Sri Lankan universities are managed has generated debate, though not always loud, ever since its empowerment. Increasing politicisation of decision making in and about universities due to the deterioration of the conduct of the University Grants Commission (UGC) has been a central concern of those within the university system and without. This politicisation has been particularly acute in recent decades either as a direct result of some of the provisions in the Universities Act or the problematic interpretation of these. There has never been any doubt that the Act needs serious reform – if not a complete overhaul – to make universities more open, reflective, and productive spaces while also becoming the conscience of the nation rather than timid wastelands typified by the state of some universities and some programs.
But given the Minister’s background in what is often called progressive politics in Sri Lanka, why are many colleagues in the university system, including her own former colleagues and friends, so agitated by the present proposed amendment? The anxiety expressed by academics stem from two sources. The first concern is the presentation of the proposed amendment to parliament with no prior consultative process with academics or representative bodies on its content, and the possible urgency with which it will get pushed through parliament (if a second reading takes place as per the regular procedure) in the midst of a national crisis. The second is the content itself.
Appointment of Deans
Let me take the second point first. When it comes to the selection of deans, the existing Act states that a dean will be selected from among a faculty’s own who are heads of department. The provision was crafted this way based on the logic that a serving head of department would have administrative experience and connections that would help run a faculty in an efficient manner. Irrespective of how this worked in practice, the idea behind has merit.
By contrast, the proposed amendment suggests that a dean will be elected by the faculty from among its senior professors, professors, associate professors and senior lecturers (Grade I). In other words, a person no longer needs to be a head of department to be considered for election as a dean. While in a sense, this marks a more democratised approach to the selection, it also allows people lacking in experience to be elected by manoeuvring the electoral process within faculties.
In the existing Act, this appointment is made by the vice chancellor once a dean is elected by a given faculty. In the proposed amendment, this responsibility will shift to the university’s governing council. In the existing Act, if a dean is indisposed for a number of reasons, the vice chancellor can appoint an existing head of department to act for the necessary period of time, following on the logic outlined earlier. The new amendment would empower the vice chancellor to appoint another senior professor, professor, associate professor or senior lecturer (Grade I) from the concerned faculty in an acting capacity. Again, this appears to be a positive development.
Appointing Heads of Department
Under the current Act heads of department have been appointed from among professors, associate professors, senior lecturers or lecturers appointed by the Council upon the recommendation of the vice chancellor. The proposed amendment states the head of department should be a senior professor appointed by the Council upon the recommendation of the vice chancellor, and in the absence of a senior professor, other members of the department are to be considered. In the proposed scheme, a head of department can be removed by the Council. According to the existing Act, an acting head of department appointment can be made by the vice chancellor, while the proposed amendment shifts this responsibility to the Council, based upon the recommendation of the vice chancellor.
The amendment further states that no person should be appointed as the head of the same department for more than one term unless all other eligible people have already completed their responsibilities as heads of department. This is actually a positive development given that some individuals have managed to hang on to the head of department post for years, thereby depriving opportunities to other competent colleagues to serve in the post.
Process of amending the Universities Act
The question is, if some of the contents of the proposed amendment are positive developments, as they appear to be, why are academics anxious about its passing in parliament? This brings me to my first point, that is the way in which this amendment is being rushed through by the government. This has been clearly articulated by the Arts Faculty Teachers Association of University of Colombo. In a letter to the Minister of Education dated 9 December 2025, the Association makes two points, which have merit. First, “the bill has been drafted and tabled in Parliament for first reading without a consultative process with academics in state universities, who are this bill’s main stakeholders. We note that while the academic community may agree with its contents, the process is flawed because it is undemocratic and not transparent. There has not been adequate time for deliberation and discussion of details that may make the amendment stronger, especially in the face of the disaster situation of the country.”
Second, “AFTA’s membership also questions the urgency with which the bill is tabled in Parliament, and the subsequent unethical conduct of the UGC in requesting the postponement of dean selections and heads of department appointments in state universities in expectation of the bill’s passing in Parliament.”
These are serious concerns. No one would question the fact that the Universities Act needs to be amended. However, this must necessarily be based on a comprehensive review process. The haste to change only sections pertaining to the selection of deans and heads of department is strange, to say the least, and that too in the midst of dealing with the worst natural calamity the country has faced in living memory. To compound matters, the process also has been fast-tracked thereby compromising on the time made available to academics to make their views be known.
Similarly, the issuing of a letter by the UGC freezing all appointments of deans and heads of department, even though elections and other formalities have been carried out, is a telling instance of the government’s problematic haste and patently undemocratic process. Notably, this action comes from a government whose members, including the Education Minister herself, have stood steadfastly for sensible university reforms, before coming to power. The present process is manoeuvred in such a manner, that the proposed amendment would soon become law in the way the government requires, including all future appointments being made under this new law. Hence, the attempt to halt appointments, which were already in the pipeline, in the interim period.
It is evident that rather than undertake serious university sector reforms, the government is aiming to control universities and thereby their further politicization amenable to the present dispensation. The ostensible democratis0…..ation of the qualified pool of applicants for deanships opens up the possibilities for people lacking experience, but are proximate to the present powers that be, to hold influential positions within the university. The transfer of appointing powers to the Councils indicates the same trend. After all, Councils are partly made up of outsiders to the university, and such individuals, without exception, are political appointees. The likelihood of them adhering to the interests of the government would be very similar to the manner in which some vice chancellors appointed by the President of the country feel obligated to act.
All things considered, particularly the rushed and non-transparent process adopted thus far by the government does not show sincerity towards genuine and much needed university sector reforms. By contrast, it shows a crude intent to control universities at any cost. It is extremely regrettable that the universities in general have not taken a more proactive and principled position towards the content and the process of the proposed amendment. As I have said many times before, whatever ills that have befallen universities so far is the disastrous fallout of compromises of those within made for personal gain and greed, or the abject silence and disinterest of those within. These culprits have abandoned broader institutional development. This appears to be yet another instance of that sad process.
In this context, I have admiration for my former colleagues in the Faculty of Arts at the University of Colombo for having the ethical courage to indicate clearly the fault lines of the proposed amendment and the problems of its process. What they have asked is a postponement of the process giving them time to engage. In this context, it is indeed disappointing to see the needlessly conciliatory tone of the letter to the Education Minister by the Federation of University Teachers Association dated December 5, 2025, which sends the wrong signal.
If this government still believes it is a people’s government, the least it can do is give these academics time to engage with the proposed amendment. After all, many within the academic community helped bring the government to power. If not and if this amendment is rushed through parliament in needless haste, it will create a precedent that signals the way in which the government intends to do business in the future, abusing its parliamentary majority and denting its credibility for good.
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