Features
Are we to buy our solar energy with dollars?
By Eng. Parakrama Jayasinghe
Email : parajayasinghe@gmail.com
A Presidential Press release, dated 13th June 2021; clearly defines the policy on our Energy Sector. The direction indicated is congruent with the presidential policy declaration “Vision for Prosperity and Splendour”. This is not a moment to vacillate and get embroiled in personal or political agendas. The situation in the country is much too precarious with the Covid-19 raging and the spectre of the impact of Climate Change haunting us. The foreign reserves are falling, impacting the rupee and the cost of living. The agitation and indiscipline on the streets, in the midst of a Pandemic are signs of the social and economic instability creeping in. Sri Lanka can overcome the crisis but it needs sound leadership to mobilise and motivate the people to utilise its own resources in a prudent and fair manner.
A country, endowed with talented and educated human resources, abundant sun, wind, fertile soil and water. All these are valuable assets when it comes to opting to renewable energy. Renewable energy will not bring millions to individual businessmen but will give them sound incomes. However, a very large number of people will be become prosumers, that is those actively contributing to producing energy and at the same time using the generated energy themselves. The excess will be sold to the national grid as already practiced by the Solar Roof Top systems.
In this way, the country will save a large amount of foreign exchange, the environment will benefit as no fossil will be used and the consumers will benefit as they will be also producers and earning money as a result. There will also be a change in the economic scenario as power generation will be decentralised. The character of the Ceylon Electricity Board will be totally changed, from being a loss-making “Colossus” to becoming a sophisticated research and development unit servicing the entire country with training and back0-up facilities. Singapore has very successfully graduated to this system.

The President, in a recent progress review meeting, left no room for the interpretation of his Policy Target of reaching 70% of Renewable Energy for Electricity Generation by 2030 (unfortunately diluted down from the original 80% RE) that his vision is for Renewable Energy and there should be no attempts to misinterpret this by calls for so called “Clean Energy”. There is no such clean energy outside the realm of renewable energy and no fossil fuel can be given that distinction.
This national target has to be formalized now by a Cabinet decision and gazetted; otherwise, the President’s policy could very well be surreptitiously overturned.
Pursuing this goal, the contributions of various forms of indigenous sources of renewable energy have to be harnessed. Of these, Solar Energy holds pride of place with the progress made in recent years, particularly by Roof Top Solar PV systems , aided by the most visionary provision of the Surya Bala Sangraamaya which has to date reached a level of over 350 MW installed and many more in stages of implementation. The most challenging target set by the President however, would call for development of other larger installations both ground mounted and floating in the coming years.
The Ministry, as well as the CEB, have been working on several such projects with a 100 MW Solar Park in Siyambaladuwa for which the required land has already been earmarked and a proposed 150 MW Solar park in Pooneryn to follow shortly.
It is under these circumstances that I am compelled to raise alarm bells as noted in the title of this Paper. Are we to buy our Solar Energy in Dollars?
My article A Fresh Look at Solar Energy -Devoid of preconceptions and bias for and against.(https://island.lk/devoid-of-preconceptions-and-bias-for-and-against/) highlighted the many aspects of this most valuable resource, that mother nature has endowed on us in Sri Lanka and the need for most careful plans and programmes to gain the best advantage to Sri Lanka ,
The objective should be broader than the mere addition of energy to the grid. This would contribute to the national economy much more than what is given by the amount of electricity generated, by way of highlevel employment, development of local entrepreneurs and possibility of upstream and downstream integration not to mention the savings in foreign exchange.
With the current moves to implement the 100 MW Solar Park in Siyambaladuwa, it is most important that the other relevant issues are given due consideration.

Looking at the larger picture
The President’s goal of 80 RE as expressed in the “0Vision for Prosperity and Splendour” is based on a number of far reaching concepts. The reduction of Sri Lanka’s dependence on imported fossil fuels and thereby ensuring the future energy security, is the most apparent and noteworthy goal. But along with it should come the additional spin off benefits which would accrue, whether specifically stated or not. Only by ensuring these spin-off benefits, while reaching the primary goal, that the “Splendour” of the vision would be achieved.
I am repeating here these important principles which should not be lost sight of at this critical juncture, and the opportunity be lost forever. These principles to ensure that Sri Lanka truly achieves future energy security and the additional advantages are
* The energy industry must at least now strive to become a National Industry. The competency of our entrepreneurs and technologists this is already well proven.
*The entrepreneurship in the energy sector should be viewed as a major potential contributor to the growth of the GDP, not a mere service in ensuring the energy supply for other sectors in the economy to grow.
*The development of Renewable Energy resources and services is a significant avenue of developing employment opportunities.
*The reduction of the drain on foreign exchange by eliminating the continued use of imported fossil fuels.
*In case of bioenergy the added advantage of multiple spin off benefits to the rural economy, with the added advantage of being a source of firm power, with no drain of foreign exchange
The challenge now is to ensure that the adherence to these principles is held as sacrosanct in the efforts to develop the larger solar and wind projects in the pipe line.
The Pitfalls to be avoided.
I am addressing these remarks on the Siyambaladuwa 100 MW solar project in particular, but similar consideration must be given for any other such solar and wind projects too.
The desire for the CEB to have large power plants in one location is acceptable from their point of view. However, both Wind and Solar Projects have the advantage that any size of project conceived however large, consists of a large number of solar panels currently reaching over 500 watts per panel and a discrete number of wind generators, which too have now reached capacities of 5 MW each. Therefore, the packaging of the number of individual units for a particular project is made purely on economic considerations.
What is important to realize is that such considerations must take into account, the principles outlined above to gain the greatest advantage to the country, which unfortunately seems to be glossed over by the planners, for various reasons. A holistic view in a national perspective would highlight the immense direct financial value and other economic and social benefits and energy security on one hand and the potential dangers in overlooking these on the other hand.
Let us look at the Siyanbaladuwa project as the example before any unwise decisions are made.
The project capacity – 100 MW installed
Targeted Grid Substation – Moneragala
Land Acquisition – Already made
Sri Lankan entrepreneurs and engineers have already proven their capacity of developing projects up to 10 MW. Therefore the logical policy should be to plan this project to be awarded to ten local entrepreneurs, to handle packages of 10 MW, properly structured and managed by the CEB, by National Competitive Bidding, so that the tariff would be in Sri Lanka rupee terms considering that we don’t have to pay for our sunshine. And there would be no drain on foreign exchange except for the initial one-time expenditure on import of the necessary equipment and a limited amount for any minimal spares imports only. The local entrepreneurs and the lending institutions and even the smaller investors in the stock exchange have shown their eagerness to contribute to this form of national venture. So, there is no validity in any argument on the availability of funds or the technical capabilities.
The alternative would be to invite foreign participation, usually couched in arguments of lack of adequate expertise, which as shown above are not tenable in the present situation, and the lure of so called ” Foreign Direct Investment ” and inward flow of Dollars at this critical juncture. But the question must be asked is, in how many such projects approved by the BOI, how much funds were sourced from the local banks limiting the credit available for the local entrepreneurs. The most blatant example is the Korean Investor in the Thulhiriya Textile Mill, who vanished leaving a multibillion loan unsettled for a local bank.
In the present situation the conditions are even worse. Let us assume that the investor would bring in the total capital required. Which may be assumed as US $ 100 Million for the 100 MW by one or more foreign investors. It is clear that they would have the advantage of the currently depleted cost of funds in the global market, which is not available for the local competitors in an open international tender. However, it is certain that the foreign investor in exchange would demand a Dollar Linked Tariff. Using an estimated final tariff of US $ 0.07/kWh, the following interesting numbers emerge.
(See image 1)
So against a dubious inflow of $ 100 Million we would be sending out 260 % , all of which other than the initial capital could have been retained in Sri Lanka. Moreover, with the ever depreciating rupee, this amount of dollar would be costing us much more in rupee terms. Let us be generous to assume that the a mere 3% depreciation of the rupee annually. Therefore this drain would amount to a colossal Rupees 75.8 Billions over the 20 year project life including cost of spares. .
Against this, for an initial foreign exchange cost of US $ 80,000,000 for a group of local companies the entire expenditure over the project period would be Initial capital on US$ . 80,000,000 plus the Import component of spares during project period @ 1.5 % of capital per year. If this is also adjusted @ 3% Depreciation per year the total foreign exchange drain is Rs 23.06 Billion only, against the Rs 75.8 Billion mentioned above.
These differences are illustrated in the chart below. (See images 1 and two)
This is the basis for my question in the title of this article. We will by spending in Dollars for the use of our own sunshine, which we could harness ourselves for a similar or lower cost in rupees and also ensure the much desired energy security and reduction of drain on foreign exchange.
The folly of a similar nature was permitted during the Mahaweli Project downstream development. The project packaging was done in a manner to exclude the local contractors and the awards were made to foreign companies. However, the actual work was done by local contractors on sub contracts very competently. But their experience still remains unaccepted for prequalification of the larger scale of projects. Many decades after, such monumental follies need not be repeated. We must not make the mistake of falling, during daytime, into the pit that we fell into at night, as the local saying goes.
Features
People’s mandate and judicial legitimacy
Sri Lanka is witnessing the dismantling of the culture of impunity that dominated public life for decades. This is happening through the courts, police investigations and legal process. It is not an easy task and requires strong leadership as it is generating strong resistance. The ongoing revelations about the nexus between politicians, including those at the highest levels, and criminal networks show that the government’s electoral mandate with regard to corruption and crime is now being translated into action through the legal system. The vote of the people at the last national elections was for a corruption free country and an end to the climate of impunity that had prevailed for decades. They voted for a system change that would replace impunity with accountability under the rule of law. They expected those who had looted the country and brought it to the point of bankruptcy to be held accountable through the due process of law.
The cases that are being investigated by the police, in tandem with the Attorney General’s Department, and adjudicated by the judiciary are based on hard evidence. Much of the evidence that is now receiving publicity had been available several years ago and had even entered the legal process. In the past those cases failed to reach fruition. Investigations lost momentum, prosecutions failed to marshal the available evidence and many cases were dismissed, some on technical grounds. Between 2019 and 2024, a total of 102 cases were withdrawn from the courts by the government authorities. The public knew, or strongly believed, that corruption and serious crimes had taken place. The inability to establish wrongdoing before a court of law and hold those responsible accountable created a climate in which political power appeared to provide protection from legal accountability.
A countrywide study titled Factors Guiding Voter Preference in Elections in Sri Lanka was commissioned by the National Peace Council prior to the 2024 elections under the European Union funded project Active Citizens for Elections and Democracy and conducted by researchers Dr Mahesh Senanayake and Ms Crishni Silva of the University of Colombo. It found overwhelming public support for accountability and good governance. While 93 percent of respondents identified resolving the economic crisis as their foremost electoral concern, an equally striking 83 percent said they prioritised candidates committed to fighting corruption. The mandate given to the government can, therefore, be interpreted to mean to restore integrity to public life and end the long standing culture of impunity.
Different Approach
Today, it can be seen that the police, the Commission to Investigate Allegations of Bribery or Corruption, the Attorney General’s Department and the judiciary are approaching matters of impunity in respect of corruption and crime in a manner that is markedly different from the past. Several persons who formerly occupied high office have now been subjected to due legal process and, in a number of cases, convicted after judicial scrutiny at different levels of the court system. This is an important difference from earlier years when cases involving politically prominent persons frequently failed to proceed or collapsed before reaching their conclusion. The strength of the present accountability process lies not only in the convictions that have been secured but also in the growing public confidence that no one is above the law. It is in this context that reports of a government proposal to extend by two years the retirement age of judges of the Supreme Court and the Court of Appeal have generated support from those who wish to see the present accountability process continue and opposition from those who see it as an attempt to influence the judiciary.
Many countries have increased judicial retirement ages in recognition of longer life expectancy and the value of retaining experienced judges. This has not only been limited to the judiciary but also the academia and the public service. However, the controversy in Sri Lanka is due to the context and as the proposal for an extension of the period of service of judges of the superior courts comes at a time when the courts are hearing politically significant corruption and criminal cases. The Bar Association of Sri Lanka has taken the lead in questioning the proposed constitutional amendment. The BASL has stated that it “notes with grave concern” reports that the government is considering increasing the retirement age of judges of the Supreme Court and the Court of Appeal. It has warned that extending the tenure of sitting judges at this point of time is likely to be viewed by the public as an attempt to interfere with the independence of the judiciary.
The main issue raised by the BASL is therefore one of preserving public confidence in the administration of justice. A discussion organised by the BASL also highlighted that this issue has implications beyond Sri Lanka. Representatives of the Commonwealth Lawyers Association and LAWASIA acknowledged that many countries have increased the retirement age of judges in recognition of greater life expectancy and the value of retaining experienced judges. Their concern was not with increasing the retirement age itself but with changing the tenure of sitting judges while politically significant corruption cases are before the courts. In such circumstances, even well intentioned reform could create a public perception that the judiciary is being influenced to take forward the government’s mandate in a partisan manner.
Maintain Confidence
The challenge before the government is to preserve two equally important objectives. The first is to continue implementing the people’s mandate to hold the corrupt and those responsible for grave crimes accountable before the law. The second is to ensure that nothing is done which could diminish public confidence in the independence and impartiality of the judiciary that is entrusted with carrying out that responsibility. The strength of the present accountability process lies in the confidence it has generated among the public that investigations, prosecutions and judicial decisions are being made according to law as in the convictions that have been secured. Sri Lanka has come a long way from the days when politically sensitive cases rarely reached a successful conclusion. It would be unfortunate if doubts regarding the independence of the judiciary were to overshadow what has otherwise been a significant institutional achievement.
In the face of the concerns expressed by the BASL, opposition political parties and international legal organisations, it would be prudent for the government to widen the discussion on the proposed amendment. If there is a compelling case to increase the retirement age of judges of the superior courts, that case should be placed before the public and parliament and debated openly. Such a constitutional amendment should not rest solely on the government’s parliamentary majority, even if it has the numbers to secure its passage. Simply utilising the numbers that the government on its own to make changes to the constitution will not increase its legitimacy or credibility. Those values will be strengthened if they were preceded by public consultation and supported across party lines in Parliament. Bipartisan political support can be expected from those in the opposition, of whom there are many, who have shown an inclination to practice responsible politics in the national interest.
The people voted not only to change a government but to change a system. They expected those who abused public trust to be held accountable through institutions that commanded public confidence. That expectation is beginning to be fulfilled. It should not be placed at risk by constitutional change that lacks broad public acceptance. If the government believes there is a compelling case to extend the retirement age of the judges of the superior courts, it should first make that case to the people and seek bipartisan support in Parliament with those in the opposition who are also sincere about anti-corruption and good governance. The challenge is to protect the independence of the judiciary while ensuring that no one is above the law. Overcoming this challenge is the surest way to make Sri Lanka’s transition from a culture of impunity to one of accountability a lasting one.
by Jehan Perera
Features
Intelligence-led governance: the strategic path to a sovereign nation
In an increasingly volatile and interconnected world, the strength of a nation is no longer determined solely by the size of its military, the abundance of its natural resources, or the growth of its economy. The true measure of national strength lies in the resilience of its institutions, the confidence of its people, the effectiveness of its governance, and its ability to anticipate and respond to emerging challenges before they become national crises.
The twenty-first century has introduced a security landscape that is far more complex than ever before. Nations today confront not only conventional military threats but also terrorism, organised crime, cyber-attacks, economic instability, disinformation, climate change, pandemics, energy insecurity, irregular migration, financial crimes, and geopolitical competition. These challenges are interconnected and demand integrated responses rather than isolated solutions.
To navigate this evolving environment successfully, every nation requires a shared strategic vision supported by strong institutions working in harmony. At the centre of this vision should be a modern, professional, and intelligence-led system of governance that enables informed decision-making, protects democratic values, and promotes sustainable national development.
A Shared Strategic Vision
Every successful nation should aspire towards a common national vision:
A Sovereign Nation Happy People Peaceful Society Prosperous Economy A Respected Global Partner
These are not independent aspirations but interconnected national outcomes. Achieving them requires every State institution to work collectively under a common strategic framework rather than as isolated entities pursuing individual objectives.
A sovereign nation is one that possesses not only secure borders but also strong institutions, economic resilience, social cohesion, and the confidence to make independent national decisions. Sovereignty today extends beyond territorial integrity to include economic security, cyber resilience, energy security, food security, environmental sustainability, and protection against external influence.
Good Governance: The Cornerstone
The foundation of every successful nation is good governance.
Transparency, accountability, integrity, professionalism, and efficient public administration create an environment where citizens trust their institutions and investors have confidence in the country’s future. Corruption, political interference, inefficiency, and weak institutions undermine national resilience and weaken sovereignty from within.
Good governance is not merely an administrative principle; it is a national security imperative.
When public institutions function efficiently, public services improve, economic opportunities expand, and social grievances diminish. This reduces vulnerabilities that extremist groups, organised criminals, and foreign actors often exploit.
The Rule of Law and Judicial Independence
An independent judiciary is one of the strongest pillars of democracy.
Justice must be administered impartially and without fear or favour. Citizens must have confidence that the law applies equally to everyone, regardless of social status or political influence.
Judicial independence strengthens public confidence, attracts foreign investment, and reinforces national stability. Investors are more likely to invest in countries where contracts are enforceable, disputes are resolved fairly, and property rights are protected.
Likewise, professional law enforcement agencies play a vital role in safeguarding public order. Intelligence-led policing, supported by modern investigative techniques, community engagement, and technological innovation, enables law enforcement to prevent crime rather than merely react to it.
Human Rights: A Strategic Asset
There is often a misconception that national security and human rights exist in opposition. In reality, they reinforce one another.
Respect for human dignity, equality before the law, freedom of expression, religious freedom, and constitutional rights strengthens national unity and social cohesion. Citizens who trust their institutions are more willing to cooperate with authorities, report suspicious activities, and participate in community safety initiatives.
Communities become the first line of defence against extremism, organised crime, and social unrest when mutual trust exists between citizens and the State.
Human rights should therefore be viewed not as obstacles to security but as essential components of sustainable national security.
Intelligence: The Strategic Nerve Centre
At the heart of modern governance lies an effective national intelligence network.
Traditionally, intelligence was associated primarily with military operations and counter-terrorism. Today, its responsibilities extend much further.
Modern intelligence supports political leadership by providing timely, accurate, objective, and actionable information that enables informed decision-making. It anticipates threats, identifies opportunities, and supports strategic planning across all sectors of government.
An effective intelligence system should be:
* Predictive rather than reactive.
* Preventive rather than investigative alone.
* Integrated rather than fragmented.
* Technology-driven rather than paper-based.
* People-centred rather than institution-centred.
Artificial intelligence, big data analytics, cyber intelligence, financial intelligence, geospatial intelligence, satellite imagery, behavioural analysis, digital forensics, and open-source intelligence are transforming the intelligence profession worldwide.
Countries that fail to modernise their intelligence capabilities risk strategic surprise and reduced competitiveness in an increasingly data-driven world.
Intelligence Beyond National Security
Modern intelligence should no longer be confined to counter-terrorism or espionage.
Its role should extend to supporting national development through the protection of critical infrastructure, monitoring economic trends, securing supply chains, safeguarding maritime interests, protecting natural resources, and assessing climate-related risks.
Intelligence should assist policymakers in areas such as:
* Economic planning
* Public health preparedness
* Disaster risk reduction
* Cybersecurity
* Energy security
* Food security
* Environmental protection
* Artificial intelligence governance
* Foreign policy
* Investment protection
An intelligence-led government anticipates future challenges instead of merely responding after crises emerge.
Whole-of-Government Cooperation
One of the greatest weaknesses in many developing nations is institutional fragmentation.
Government agencies often collect valuable information independently but fail to share it effectively. This creates duplication, delays, and missed opportunities.
A National Intelligence Fusion Centre should integrate information from intelligence services, police, armed forces, immigration, customs, financial intelligence units, cyber security agencies, disaster management authorities, health services, and environmental agencies.
Such integration provides decision-makers with a comprehensive national picture and significantly improves crisis management and strategic planning.
Economic Prosperity Through Security
Economic development depends fundamentally upon stability.
Foreign investors seek countries where governance is predictable, corruption is controlled, contracts are enforceable, infrastructure is secure, and political stability is maintained.
An effective intelligence system quietly protects these conditions by identifying threats to investment, monitoring organised crime, preventing financial fraud, protecting critical infrastructure, and safeguarding strategic industries.
Security and economic development are therefore mutually reinforcing.
Investment creates employment.
Employment reduces poverty.
Reduced poverty strengthens social stability.
Social stability reinforces national security.
International Partnerships
No nation can successfully confront modern threats alone.
Transnational organised crime, cybercrime, narcotics trafficking, terrorism, money laundering, illegal migration, and environmental crimes operate across borders.
Regional and global intelligence cooperation has therefore become indispensable.
Information sharing, joint investigations, coordinated maritime surveillance, and collaborative cyber defence significantly enhance national capabilities while strengthening diplomatic relationships.
Strong intelligence supports effective diplomacy.
Effective diplomacy enhances trade, investment, tourism, education, and technological cooperation.
Ultimately, international confidence contributes directly to national prosperity.
The Relationship Between National Stakeholders
National success depends upon collaboration among all stakeholders.
Government provides leadership and policy direction.
The judiciary safeguards justice.
Law enforcement protects public safety.
The intelligence community provides foresight and early warning.
Civil society strengthens social cohesion.
Educational institutions develop future leaders.
The private sector generates investment and innovation.
International partners facilitate trade, cooperation, and knowledge sharing.
Citizens themselves remain the most important stakeholders.
When these institutions operate with mutual trust, shared objectives, and effective coordination, they create a resilient State capable of responding confidently to both domestic and international challenges.
The Strategic Path Forward
Every nation requires a long-term vision rather than short-term political agendas.
That vision should place national interest above partisan interests and institutional collaboration above bureaucratic competition.
The pathway is straightforward:
Good Governance Independent Judiciary Professional Law Enforcement Protection of Human Rights Effective National Intelligence Network Political Stability Investor Confidence Economic Growth Foreign Direct Investment Peaceful Society Happy People A Sovereign Nation
This strategic chain demonstrates that sovereignty is not achieved through military strength alone. It is the cumulative outcome of good governance, justice, intelligence, economic resilience, and public confidence.
The future belongs to nations that can anticipate change, adapt rapidly, and make informed strategic decisions. Intelligence must therefore evolve from being viewed solely as a security function to becoming a central pillar of national governance and development.
A modern intelligence network should serve as the strategic nervous system of the State—connecting governance with justice, justice with security, security with economic prosperity, and prosperity with international respect.
A sovereign nation is ultimately one where institutions are trusted, citizens are protected, rights are respected, opportunities are created, and decisions are guided by knowledge rather than assumption. When all stakeholders work in harmony under a shared strategic vision, the result is a nation that is secure, prosperous, peaceful, and respected on the global stage.
The challenge before every developing nation is therefore not simply to strengthen its security apparatus but to embrace Intelligence-Led Governance as a national philosophy—one that integrates good governance, rule of law, human rights, innovation, and strategic foresight into a unified framework for sustainable national development. Such a vision will not only safeguard sovereignty but also ensure that future generations inherit a nation defined by stability, prosperity, and enduring peace
By Mahil Dole, SSP (Rtd.)
Features
The perfect victim: How institutions respond
It has been almost two months since the judgement of Abeyasinghe v Tilakaratne and others by the Supreme Court. Since then, I have often been asked a simple question, which I, too, have asked myself. “Has anything actually changed?” My answer is both yes and no. Judgements can uphold the law, direct institutions and clarify principles. But they cannot, by themselves, change cultures.
I shall take the liberty of writing this piece because, in the weeks following the judgment, I have found myself reflecting less on the outcome of the case and more on what it reveals about our institutions. Yet institutions do not change simply because a court has spoken. They change only when they are willing to question long-held assumptions, reflect honestly on their procedures and practices, learn from their shortcomings and act decisively to foster a culture that places accountability at its centre.
The myth of the perfect victim
One such assumption is about the conduct of the Ideal or Perfect victim. The concept of the “ideal victim” was first articulated by the Norwegian criminologist Nils Christie in 1986. Interestingly, Christie was not concerned with identifying those most likely to become victims of crime. Instead, his question was who is most readily recognised and accepted by society as a “real” victim? Society is often more willing to extend sympathy and credibility to victims who fit a particular stereotype. According to Christie, the “ideal victim” is someone perceived to be weak and vulnerable, engaged in a respectable activity, in a place where they have every right to be, harmed by someone clearly viewed as “big” or “bad,” and, importantly, a stranger rather than someone they know. These characteristics continue to influence how victims are perceived today. Although we may not consciously apply such criteria, they often shape our instinctive judgments about who deserves to be believed.
In the context of sexual violence within universities, the assumptions surrounding the ideal victim quickly begin to unravel. Power relationships within universities are often complex, and professional relationships may have existed before the misconduct. The alleged perpetrator may not be a stranger but a lecturer, supervisor, colleague, or fellow student. The complainant may continue interacting with the alleged perpetrator because academic progression or employment leaves little choice. When a victim does not fit the mould of the “perfect victim,” attention shifts away from the conduct of the alleged perpetrator and towards the conduct of the complainant.
What should be kept in mind is that victims respond to trauma differently. Some report immediately; many do not. Some become emotional; others appear composed. Some resign from their workplace, while others continue to work because they have no realistic alternative or because they wish to confront the violence head on. Some preserve every piece of evidence; others delete messages simply because they cannot bear to see them again. Yet these perfectly human responses are often interpreted as reasons to doubt credibility.
Universities provide a particularly complex setting for this phenomenon. Most complainants do not initially seek justice. More often, they simply want the harassment to stop so that they can continue their education or employment in an environment where they feel safe. Sometimes victims make anonymous complaints, not because they wish to avoid accountability, but because anonymity provides the only sense of security they have. During preliminary inquiries/ fact finding processes, confidentiality can often be maintained. However, if the matter proceeds to a formal disciplinary process, complainants are usually required to reveal their identities. It is at this point that many decide not to proceed further, not because the harassment did not occur, but because the personal cost of pursuing justice becomes overwhelming.
Perhaps this should prompt us to ask a different question. Instead of asking why anonymous complaints exist or why complainants don’t come forward (sooner), should we not ask why so many complainants feel unsafe engaging with the institutional process?
The subject of scrutiny
When survivors do come forward, they frequently encounter another familiar phenomenon, victim blaming.
“Why didn’t you complain earlier?”
“Why didn’t you go to the police?”
“If you were sexually harassed, why are you still working there?”
“Why did you continue interacting with him?”
“The reason this happened is because you showed positivity towards him.”
“There is no smoke without fire.”
Although these questions appear different, they have something in common. They all examine the behaviour of the complainant. Very few begin by asking why the alleged perpetrator behaved in the way described. The familiar proverb, “There is no smoke without fire,” is often used to suggest that the complainant must have done something to invite the misconduct. Yet perhaps we have misunderstood where the fire lies. The fire is not the complainant’s behaviour. The fire is the conduct of the alleged perpetrator. The complaint is the smoke that finally becomes visible.
These responses also reveal another contradiction. If a victim complains immediately, some might question their motives. If they delay, the delay becomes the issue. If they resign, they may be described as unstable or unable to cope. If they remain in employment, their continued presence is taken as evidence that the misconduct could not have been serious or that it never had happened. If they show emotion, they risk being dismissed as irrational. If they remain composed, they may be accused of exaggerating. In truth, there is often no version of events in which a complainant can satisfy every expectation placed upon them. If our systems only work for the “perfect victim,” then they were never truly designed for victims at all.
The silence that speaks
The recent judgment also prompted me to reflect on another aspect of institutional culture, silence. Within academia, even discussing judgments concerning one’s own institution may be framed as bringing the institution into disrepute. Such framing places academics in an impossible position. Those who speak are sometimes portrayed as being disloyal or as failing to respect the institution they serve. Yet genuine respect for an institution should not require silence in the face of injustice. Universities are places that encourage academic freedom, critical inquiry, evidence-based reasoning, and intellectual debate. They should, therefore, be places where uncomfortable conversations are not avoided but embraced.
The relative silence surrounding the judgment in academia raises important questions. Does silence reflect satisfaction that justice has been served? Does it reflect concern about damaging the reputation of one’s university? Does it reflect uncertainty about whether difficult institutional conversations are welcome? Or does it reflect a real or perceived fear of professional consequences for speaking openly? These are questions that deserve thoughtful reflection.
Post judgement reflections
At the same time, my experience in the weeks following the judgment has also been one of hope. Individuals who have experienced different forms of abuse have quietly come forward to share their own stories with me. Some have sought legal advice. Others have simply wanted someone to listen. Their experiences remind me that judgments do more than resolve disputes between parties. They send messages to those who have remained silent, that seeking justice remains possible. Perhaps that is one answer to the question I posed at the beginning of this article. Has anything actually changed? For some victims, I believe the answer is yes. A judgement can restore hope and encourage those who had previously felt that their voices would never be heard.
Yet judgments alone cannot erase trauma, restore lost years, or undo the personal and professional consequences that many victims endure. Courts can interpret the law, but they cannot, by themselves, transform institutional culture. Culture changes only when institutions and university communities are willing to learn from judgments rather than merely comply with them. It changes when realities of power imbalances are recognised, when credibility is assessed through evidence rather than stereotypes, and when the question “Why did the victim not come forward sooner?” is replaced with “What conditions made it so difficult for the victim to come forward?” Ultimately, the true value of a judgement lies not only in the orders it makes, but also in the conversations it inspires and the institutional self-reflection it demands. Whether anything truly changes will not depend on the judgement itself, but on whether institutions have the courage to learn from them.
(Udari Abeyasinghe is attached to the Faculty of Dental Sciences at the University of Peradeniya)
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
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