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Clean Sri Lanka and Noise Pollution (Part I)

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Noise pollution

by (Dr) Jayampathy Wickramaratne,
President’s Counsel

One area of focus of the ‘Clean Sri Lanka’ programme, initiated by the new government, that has enthused the people at large is the drive to clean the environment. People affected by intense noise hope that cleaning the environment will not be limited to keeping public spaces clean but will also address the issue of noise pollution. This is evident from letters to newspapers and social media posts calling upon the authorities to deal with noise pollution from varied sources, such as entertainment, places of religious worship, vehicular traffic, construction and industrial activities as part of ‘Clean Sri Lanka’.

I write this piece not only as one having an interest in fundamental rights but also as a victim of noise pollution. In the locality where I live, off Rajagiriya, residents have for years been subjected to intense noise forced upon them, mainly by music but also by fireworks, emanating from events conducted on the premises of a government-owned institution. Complaints to the institution, as well as to the Police, bore no results. I refrain from naming the institution as the matter is under investigation by the Human Rights Commission, and the new management of the institution has promised us that remedial measures will be taken.

While the ‘Clean Sri Lanka’ programme was in full swing, a group of tourists, participating in a musical event in the Weligama area, had objected vociferously to the Police prohibiting the use of loudspeakers after 10 p.m. when the period for which a permit had been issued ran out. One female tourist is heard, in a video of the incident, saying that not allowing the use of loudspeakers will adversely affect tourism.

Reacting to the incident, two government spokespersons said that the present government cannot be blamed as the Police were only giving effect to a judgment of the Supreme Court. Not stopping at that, they said that steps would be taken to have the judgment revised. It might interest readers to know that the then Deputy Minister of Tourism, Diana Gamage, made a similar statement in October 2022.

Supreme Court on noise pollution, Ashik v. Bandula

The judgment referred to is Ashik v. Bandula and others, reported in [2007] 1 Sri Lanka Law Reports on page 191, which was widely welcomed. The case commenced as a fundamental rights application by the trustees of a mosque in Weligama against the Police for refusing a loudspeaker permit. The Police contended that residents in the area had complained of noise pollution due to the excessive use of the loudspeakers by three mosques. The Supreme Court noted that the application raised fundamental issues with regard to sound pollution and standards that the Central Environmental Authority (CEA) should enforce. The CEA was accordingly added as a party. Environmental Foundation Limited was permitted to intervene. The court proceeded with the case as being of public interest.

Noting that our country has probably the oldest jurisprudential tradition of a secular approach in dealing with a public nuisance, the Court referred to the 1895 case of Marshall v. Gunaratne Unnanse where the Supreme Court upheld that conviction of the principal trustee of a Buddhist Vihara in Colombo who was charged under the then applicable section 90 of the Police Ordinance for creating noise in the night and disturbing the neighbourhood.

The Supreme Court referred to Re Noise Pollution, a celebrated case decided by the Indian Supreme Court, noting that the latter Court had firmly rejected the contention that there is a fundamental right to make noise associated with the freedom of speech and expression. The Chief Justice of India delved into the etymology of the term “Noise” and noted that it is derived from the Latin word “Nausea”, defined as unwanted sound, a potential hazard to health and communication dumped into the environment without regard to the adverse effect it may have on unwilling ears.

Chief Justice Lahoti continued: “Noise is more than just a nuisance. It constitutes a real and present danger to people’s health. Day and night, at home, at work, and at play, noise can produce serious physical and psClean Sri Lanka and Noise Pollution (Part I)ychological stress. No one is immune to this

stress. Though we seem to adjust to noise by ignoring it, the ear, in fact, never closes and the body still responds —sometimes with extreme tension, as to a strange sound in the night. … Noise is a type of atmospheric pollution. It is a shadowy public enemy whose growing menace has increased in the modern age of industrialisation and technological advancement. … Nobody can claim the fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers. While one has a right to speech, and others have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that he has a right to make his voice trespass into the ears or mind of others. Nobody can indulge in aural aggression.”

The Sri Lankan Supreme Court held that there was no dispute that people have been denied equal protection of the law by the failure of the executive to establish by way of regulations an effective legal regime as mandated by the National Environmental Act to safeguard the public from the harmful effects of noise pollution. The facts also reveal that there are no guidelines for the effective implementation of the applicable provisions of law so as to provide to the people equal protection of the law guaranteed by Article 12(1) of the Constitution. Accordingly, the Court considered it to be just and equitable in the circumstances of the case to make the following directions:

(i) That the emission of noise by the use of amplifiers, loudspeakers or other equipment or appliances which causes annoyance to the public or to the people in general who dwell or occupy property in the vicinity be considered a public nuisance in terms of section 261 of the Penal Code and that the Police should entertain complaints and take appropriate action for the abatement of such public nuisance;

(ii) That all permits issued by the Police under section 80(1) of the Police Ordinance shall cease to be effective forthwith;

(iii) That no permits shall be issued in terms of section 80(1) of the Police Ordinance for the use of loudspeakers and other instruments for the amplification of noise as specified in that section covering the period 10 p.m. (night) to 6 a.m. (morning). Such permits may be issued for special religious functions and other special events only after ascertaining the views of persons who occupy land premises in the vicinity, a record of such matters to be maintained and the grant of any such permit shall be forthwith reported to the nearest Magistrate Court;

(iv) That in respect of the hours from 6.00 a.m. to 10.00 p.m., permits may be issued for limited periods of time for specific purposes subject to the strict condition that the noise emitted from such amplifier or loudspeaker or equipment does not extend beyond the precincts of the particular premises.

(v) Where a permit is issued in terms of section 80(1) as provided in direction (iii) and (iv) sufficient number of Police Officers should be designated and posted to the particular place of use to ensure that the conditions imposed are strictly complied with;

(vi) That the Police will make special arrangements to entertain any complaint of a member of the public against any person guilty of an offence of public nuisance as provided in section 261 of the Penal Code or of using any loudspeaker, amplifier or other instrument as provided in section 80 of the Police Ordinance contrary to any of these directions and take immediate steps to investigate the matter and warn such person against a continuance of such conduct. If the conduct is continued after that warning to seize and detain the equipment as provided in section 80(4) of the Police Ordinance and to report the matter to the Registrar of this Court.

The Inspector General of Police was directed to submit a report to the Court as to the action taken on the judgment. IGP’s Circular No. 2031/2007 and Crime Circular 17/2007 were issued in conformity with the judgment. A few years later, following representations made mainly by artistes to President Mahinda Rajapakse, the State requested the Supreme Court to extend the time period of permits during weekends.  This request was granted.

Accordingly, the Supreme Court directed that musical and cultural shows should be brought to an end at 1.00 a.m. on Fridays and Saturdays and 12.30 a.m. on Sundays. What is important to note is that no change was made to the strict condition made by the Court that noise emitted from an amplifier, loudspeaker or equipment should not extend beyond the precincts of the particular premises.

Southern hoteliers protest relaxing noise laws

The government’s response to a small group of tourists wanting to make merry, unmindful of the rights of the residents of the area, was clearly a knee-jerk reaction. Its spokespersons went to the extent of adding that not permitting loudspeakers till late would adversely affect the tourist industry.

These responses triggered an immediate backlash from citizens concerned with the environment, especially those affected by noise pollution. The Facebook group National Coalition Against Noise Pollution (Shabda Dooshanayata Erehi Jathika Ekamuthuva — type in Sinhala fonts to visit the page) is at the forefront.

The authorities may not have expected opposition from the tourist industry itself. At a media briefing in Galle on 27 January, the Southern Province Tourist Hoteliers Association said that tourists vehemently oppose intense noise. There have been instances of tourists demanding that room charges be paid back and moving out when unable to bear the noise. “Tourists come to Sri Lanka to enjoy the beaches, wildlife and places of historical interest in a relaxing environment. Those who visit discos are drug users. It is they who want noise, not genuine tourists,” the Association explained. A hotel owner from Unawatuna, who had been in the business for 20 years, said that his clients had asked for their money back and left the hotel when disturbed by the intense noise from discos in the neighbourhood. If discos are to be operated, the halls must be constructed so as not to let out sound, he explained —the same condition that our Supreme Court had imposed. A German national whose husband is in the tourist trade in Sri Lanka expressed similar sentiments and blamed Sri Lankan authorities, including the Police, for turning a deaf ear to tourists’ complaints. That tourists want discos and musical shows at night is a misconception, she added. (To be concluded).



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Features

Cyclones, greed and philosophy for a new world order

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Floods caused by Cyclone Ditwah in Sri Lanka

Further to my earlier letter titled, “Psychology of Greed and Philosophy for a New World Order” (The Island 26.11.2025) it may not be far-fetched to say that the cause of the devastating cyclones that hit Sri Lanka and Indonesia last week could be traced back to human greed. Cyclones of this magnitude are said to be unusual in the equatorial region but, according to experts, the raised sea surface temperatures created the conditions for their occurrence. This is directly due to global warming which is caused by excessive emission of Greenhouse gases due to burning of fossil fuels and other activities. These activities cannot be brought under control as the rich, greedy Western powers do not want to abide by the terms and conditions agreed upon at the Paris Agreement of 2015, as was seen at the COP30 meeting in Brazil recently. Is there hope for third world countries? This is why the Global South must develop a New World Order. For this purpose, the proposed contentment/sufficiency philosophy based on morals like dhana, seela, bhavana, may provide the necessary foundation.

Further, such a philosophy need not be parochial and isolationist. It may not be  necessary to adopt systems that existed in the past that suited the times but develop a system that would be practical and also pragmatic in the context of the modern world.

It must be reiterated that without controlling the force of collective greed the present destructive socioeconomic system cannot be changed. Hence the need for a philosophy that incorporates the means of controlling greed. Dhana, seela, bhavana may suit Sri Lanka and most of the East which, as mentioned in my earlier letter, share a similar philosophical heritage. The rest of the world also may have to adopt a contentment / sufficiency philosophy with  strong and effective tenets that suit their culture, to bring under control the evil of greed. If not, there is no hope for the existence of the world. Global warming will destroy it with cyclones, forest fires, droughts, floods, crop failure and famine.

Leading economists had commented on the damaging effect of greed on the economy while philosophers, ancient as well as modern, had spoken about its degenerating influence on the inborn human morals. Ancient philosophers like Plato, Aristotle, and Epicurus all spoke about greed, viewing it as a destructive force that hindered a good life. They believed greed was rooted in personal immorality and prevented individuals from achieving true happiness by focusing on endless material accumulation rather than the limited wealth needed for natural needs.

Jeffry Sachs argues that greed is a destructive force that undermines social and environmental well-being, citing it as a major driver of climate change and economic inequality, referencing the ideas of Adam Smith, John Maynard Keynes, etc. Joseph Stiglitz, a Nobel Laureate economist, has criticised neoliberal ideology in similar terms.

In my earlier letter, I have discussed how contentment / sufficiency philosophy could effectively transform the socioeconomic system to one that prioritises collective well-being and sufficiency over rampant consumerism and greed, potentially leading to more sustainable economic models.

Obviously, these changes cannot be brought about without a change of attitude, morals and commitment of the rulers and the government. This cannot be achieved without a mass movement; people must realise the need for change. Such a movement would need  leadership. In this regard a critical responsibility lies with the educated middle class. It is they who must give leadership to the movement that would have the goal of getting rid of the evil of excessive greed. It is they who must educate the entire nation about the need for these changes.

The middle class would be the vanguard of change. It is the middle class that has the capacity to bring about change. It is the middle class that perform as a vibrant component of the society for political stability. It is the group which supplies political philosophy, ideology, movements, guidance and leaders for the rest of the society. The poor, who are the majority, need the political wisdom and leadership of the middle class.

Further, the middle class is the font of culture, creativity, literature, art and music. Thinkers, writers, artistes, musicians are fostered by the middle class. Cultural activity of the middle class could pervade down to the poor groups and have an effect on their cultural development as well. Similarly, education of a country depends on how educated the middle class is. It is the responsibility of the middle class to provide education to the poor people.

Most importantly, the morals of a society are imbued in the middle class and it is they who foster them. As morals are crucial in the battle against  greed, the middle class assume greater credentials to spearhead the movement against greed and bring in sustainable development and growth. Contentment sufficiency philosophy, based on morals, would form the strong foundation necessary for achieving the goal of a new world order. Thus, it is seen that the middle class is eminently suitable to be the vehicle that could adopt and disseminate a contentment/ sufficiency philosophy and lead the movement against the evil neo-liberal system that is destroying the world.

The Global South, which comprises the majority of the world’s poor, may have to realise, before it is too late, that it is they who are the most vulnerable to climate change though they may not be the greatest offenders who cause it. Yet, if they are to survive, they must get together and help each other to achieve self-sufficiency in the essential needs, like food, energy and medicine. Trade must not be via exploitative and weaponised currency but by means of a barter system, based on purchase power parity (PPP). The union of these countries could be an expansion of organisations,like BRICS, ASEAN, SCO, AU, etc., which already have the trade and financial arrangements though in a rudimentary state but with great potential, if only they could sort out their bilateral issues and work towards a Global South which is neither rich nor poor but sufficient, contented and safe, a lesson to the Global North. China, India and South Africa must play the lead role in this venture. They would need the support of a strong philosophy that has the capacity to fight the evil of greed, for they cannot achieve these goals if fettered by greed. The proposed contentment / sufficient philosophy would form a strong philosophical foundation for the Global South, to unite, fight greed and develop a new world order which, above all, will make it safe for life.

by Prof. N. A. de S. Amaratunga 
PHD, DSc, DLITT

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SINHARAJA: The Living Cathedral of Sri Lanka’s Rainforest Heritage

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Damp and thick undergrowth

When Senior biodiversity scientist Vimukthi Weeratunga speaks of Sinharaja, his voice carries the weight of four decades spent beneath its dripping emerald canopy. To him, Sri Lanka’s last great rainforest is not merely a protected area—it is “a cathedral of life,” a sanctuary where evolution whispers through every leaf, stream and shadow.

 “Sinharaja is the largest and most precious tropical rainforest we have,” Weeratunga said.

“Sixty to seventy percent of the plants and animals found here exist nowhere else on Earth. This forest is the heart of endemic biodiversity in Sri Lanka.”

A Magnet for the World’s Naturalists

Sinharaja’s allure lies not in charismatic megafauna but in the world of the small and extraordinary—tiny, jewel-toned frogs; iridescent butterflies; shy serpents; and canopy birds whose songs drift like threads of silver through the mist.

“You must walk slowly in Sinharaja,” Weeratunga smiled.

“Its beauty reveals itself only to those who are patient and observant.”

For global travellers fascinated by natural history, Sinharaja remains a top draw. Nearly 90% of nature-focused visitors to Sri Lanka place Sinharaja at the top of their itinerary, generating a deep economic pulse for surrounding communities.

A Forest Etched in History

Centuries before conservationists championed its cause, Sinharaja captured the imagination of explorers and scholars. British and Dutch botanists, venturing into the island’s interior from the 17th century onward, mapped streams, documented rare orchids, and penned some of the earliest scientific records of Sri Lanka’s natural heritage.

Smallest cat

These chronicles now form the backbone of our understanding of the island’s unique ecology.

The Great Forest War: Saving Sinharaja

But Sinharaja nearly vanished.

In the 1970s, the government—guided by a timber-driven development mindset—greenlit a Canadian-assisted logging project. Forests around Sinharaja fell first; then, the chainsaws approached the ancient core.

 “There was very little scientific data to counter the felling,” Weeratunga recalled.

“But people knew instinctively this was a national treasure.”

The public responded with one of the greatest environmental uprisings in Sri Lankan history. Conservation icons Thilo Hoffmann and Neluwe Gunananda Thera led a national movement. After seven tense years, the new government of 1977 halted the project.

What followed was a scientific renaissance. Leading researchers—including Prof. Savithri Gunathilake and Prof. Nimal Gunathilaka, Prof. Sarath Kottagama, and others—descended into the depths of Sinharaja, documenting every possible facet of its biodiversity.

Thilak

 “Those studies paved the way for Sinharaja to become Sri Lanka’s very first natural World Heritage Site,” Weeratunga noted proudly.

A Book Woven From 30 Years of Field Wisdom

For Weeratunga, Sinharaja is more than academic terrain—it is home. Since joining the Forest Department in 1985 as a young researcher, he has trekked, photographed, documented and celebrated its secrets.

Now, decades later, he joins Dr. Thilak Jayaratne, the late Dr. Janaka Gallangoda, and Nadika Hapuarachchi in producing, what he calls, the most comprehensive book ever written on Sinharaja.

 “This will be the first major publication on Sinharaja since the early 1980s,” he said.

“It covers ecology, history, flora, fauna—and includes rare photographs taken over nearly 30 years.”

Some images were captured after weeks of waiting. Others after years—like the mysterious mass-flowering episodes where clusters of forest giants bloom in synchrony, or the delicate jewels of the understory: tiny jumping spiders, elusive amphibians, and canopy dwellers glimpsed only once in a lifetime.

The book even includes underwater photography from Sinharaja’s crystal-clear streams—worlds unseen by most visitors.

A Tribute to a Departed Friend

Halfway through the project, tragedy struck: co-author Dr. Janaka Gallangoda passed away.

 “We stopped the project for a while,” Weeratunga said quietly.

“But Dr. Thilak Jayaratne reminded us that Janaka lived for this forest. So we completed the book in his memory. One of our authors now watches over Sinharaja from above.”

Jumping spide

An Invitation to the Public

A special exhibition, showcasing highlights from the book, will be held on 13–14 December, 2025, in Colombo.

“We cannot show Sinharaja in one gallery,” he laughed.

“But we can show a single drop of its beauty—enough to spark curiosity.”

A Forest That Must Endure

What makes the book special, he emphasises, is its accessibility.

“We wrote it in simple, clear language—no heavy jargon—so that everyone can understand why Sinharaja is irreplaceable,” Weeratunga said.

“If people know its value, they will protect it.”

To him, Sinharaja is more than a rainforest.

It is Sri Lanka’s living heritage.

A sanctuary of evolution.

A sacred, breathing cathedral that must endure for generations to come.

By Ifham Nizam

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How Knuckles was sold out

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Knuckles range

Leaked RTI Files Reveal Conflicting Approvals, Missing Assessments, and Silent Officials

“This Was Not Mismanagement — It Was a Structured Failure”— CEJ’s Dilena Pathragoda

An investigation, backed by newly released Right to Information (RTI) files, exposes a troubling sequence of events in which multiple state agencies appear to have enabled — or quietly tolerated — unauthorised road construction inside the Knuckles Conservation Forest, a UNESCO World Heritage site.

At the centre of the unfolding scandal is a trail of contradictory letters, unexplained delays, unsigned inspection reports, and sudden reversals by key government offices.

“What these documents show is not confusion or oversight. It is a structured failure,” said Dilena Pathragoda, Executive Director of the Centre for Environmental Justice (CEJ), who has been analysing the leaked records.

“Officials knew the legal requirements. They ignored them. They knew the ecological risks. They dismissed them. The evidence points to a deliberate weakening of safeguards meant to protect one of Sri Lanka’s most fragile ecosystems.”

A Paper Trail of Contradictions

RTI disclosures obtained by activists reveal:

Approvals issued before mandatory field inspections were carried out

Three departments claiming they “did not authorise” the same section of the road

A suspiciously backdated letter clearing a segment already under construction

Internal memos flagging “missing evaluation data” that were never addressed

“No-objection” notes do not hold any legal weight for work inside protected areas, experts say.

One senior officer’s signature appears on two letters with opposing conclusions, sent just three weeks apart — a discrepancy that has raised serious questions within the conservation community.

“This is the kind of documentation that usually surfaces only after damage is done,” Pathragoda said. “It shows a chain of administrative behaviour designed to delay scrutiny until the bulldozers moved in.”

The Silence of the Agencies

Perhaps, more alarming is the behaviour of the regulatory bodies.

Multiple departments — including those legally mandated to halt unauthorised work — acknowledged concerns in internal exchanges but issued no public warnings, took no enforcement action, and allowed machinery to continue operating.

“That silence is the real red flag,” Pathragoda noted.

“Silence is rarely accidental in cases like this. Silence protects someone.”

On the Ground: Damage Already Visible

Independent field teams report:

Fresh erosion scars on steep slopes

Sediment-laden water in downstream streams

Disturbed buffer zones

Workers claiming that they were instructed to “complete the section quickly”

Satellite images from the past two months show accelerated clearing around the contested route.

Environmental experts warn that once the hydrology of the Knuckles slopes is altered, the consequences could be irreversible.

CEJ: “Name Every Official Involved”

CEJ is preparing a formal complaint demanding a multi-agency investigation.

Pathragoda insists that responsibility must be traced along the entire chain — from field officers to approving authorities.

“Every signature, every omission, every backdated approval must be examined,” she said.

“If laws were violated, then prosecutions must follow. Not warnings. Not transfers. Prosecutions.”

A Scandal Still Unfolding

More RTI documents are expected to come out next week, including internal audits and communication logs that could deepen the crisis for several agencies.

As the paper trail widens, one thing is increasingly clear: what happened in Knuckles is not an isolated act — it is an institutional failure, executed quietly, and revealed only because citizens insisted on answers.

by Ifham Nizam

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