Features
Clean Sri Lanka and Noise Pollution (Part II)
by (Dr) Jayampathy Wickramaratne, President’s Counsel
Noice pollution laws in other countries
The handful of tourists who enjoy loud noise come from countries where laws on noise pollution are very strict. In their home countries, can they make noise that affects others even during the daytime?
In Re Noise Pollution, Chief Justice Lahoti referred to laws on noise pollution in several other jurisdictions.
In the United Kingdom, the Noise Abatement Act provides that loudspeakers should not be operated between 9.00 p.m. and 8.00 a.m. for any purpose and at any other time for advertisement, entertainment, trade, or business. The Noise Act of 1996 makes provision about noise emitted from dwellings at night, about the forfeiture and confiscation of equipment used to make noise unlawfully, and for connected purposes.
In the United States, Congress has declared in the Public Health and Welfare Act that it is the policy of the United States to promote an environment for all Americans free from noise that jeopardises their health or welfare. For regulating noise caused by announcements through the use of loudspeakers and noise emitted during the night time operation of bars and restaurants, local governments shall take measures necessary to protect the living environment, including restrictions on operating hours, in accordance with the local physical and social conditions.
In China, the Law on Prevention and Control of Pollution from Environmental Noise has been enacted to prevent and control environmental noise pollution, protect and improve the living environment, ensure human health, and promote economic and social development. For purposes of this law, “environmental noise” means sound that is emitted during the course of industrial production, construction, transportation, and social activities and that impairs the living environment of the neighbourhood.
The Indian Supreme Court, in Church of God (Full Gospel) in , held that the Court may issue directions regarding controlling noise pollution that was a direct result of and was connected with religious activities. Justice Shah stated what is well to remember: “Undisputedly, no religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice amplifiers or beating of drums.
In our view, in a civilised society in the name of religion, activities which disturb old or infirm persons, students or children having their sleep in the early hours or during daytime or other persons carrying on other activities cannot be permitted. It should not be forgotten that young babies in the neighbourhood are also entitled to enjoy their natural right [to sleep] in a peaceful atmosphere. A student preparing for his examination is entitled to concentrate on his studies without [him] being any unnecessary [disturbed] by the neighbours.
Similarly, the old and the infirm are entitled to enjoy reasonable quietness during their leisure hours without there being any nuisance of noise pollution. Aged, sick, people afflicted with psychic disturbances as well as children up to 6 years of age are considered to be very sensitive to noise. Their rights are also required to be honoured.”
Indian courts have continued the trend set by Judges such as Chief Justice Lohati and Justice Shah.
In the 2020 case of Afzal Ansari v State of U.P., the issues that arose were whether prohibiting or restricting the recitation of azan (call to prayer) through sound-amplifying devices during the Covid-19 crisis was violative of Article 25 (Freedom of conscience and free profession, practice and propagation of religion) and whether such recitals violate order or guidelines issued by the state. The Allahabad High Court held: “[W]e are of the considered opinion that azan can be recited by muezzin from the minarets of the mosques by human voice without using any amplifying device and the administration is directed not to cause hindrance in the same on the pretext of the guidelines to contain the pandemic Covid19, but its recitation through loudspeakers or other sound-amplifying devices cannot be said to be an integral part of the religion.”
Last month, in Jaago Nehru Nagar Residents Welfare Association v. Commissioner of Police, the Bombay High Court emphasised that using loudspeakers for prayers or religious discourses was not an essential part of any religion. It clarified that such practices were not protected under Article 25 of the Constitution, which guarantees the freedom to practice religion. The Court stressed that noise pollution posed significant health hazards. Allowing the unrestricted use of loudspeakers would infringe on the rights of residents living nearby, the High Court held, thus prioritising public interest and health over the claimed religious rights associated with loudspeaker use.
Justice Samayawardhena Committee report
In 2023, the Minister of Justice appointed a committee chaired by Justice Mahinda Samayawardhena, Judge of the Supreme Court, to review laws and regulations related to noise pollution in Sri Lanka to bring them on par with global standard setting. Members included Parinda Ranasinghe, the present Attorney-General, Director General of the Central Environmental Authority and the Deputy Inspector General of Police (Legal). The committee submitted its report in March 2024. It reviewed existing laws and regulations and draft regulations on noise emission prepared by the Ministry of Environment. The committee also referred to global standards and internationally accepted best practices. The committee’s recommendations cover varied forms of noise emission.
The committee stated that over the past decade, there has been a significant surge in environmental concerns, particularly regarding the escalating crises impacting our climate and, as a result, the state of human life itself. The World Health Organization states that excessive noise endangers human health by increasing the risk of diseases such as ischemic heart disease, hypertension, sleep disturbance, hearing impairment, tinnitus, cognitive impairment, adverse birth outcomes and mental health problems. According to the National Geographic Society, noise pollution affects animals’ ability to survive as they use sound to navigate, find food, attract mates, and avoid predators.
The committee was of the view that noise pollution laws and regulations in the country should be on par with international standards. The most important recommendation of the Justice Samayawardhena Committee relevant to our discussion is that noise pollution in Sri Lanka should primarily be regulated in accordance with the directions issued by the Supreme Court in Ashik v. Bandula.
Police inaction
One of the main reasons for the continuing noise pollution via loudspeakers is Police inactions. The Facebook page of the National Coalition Against Noise Pollution is replete with posts giving instances of inaction by the Police. Interactions with Police personnel show that they have not been adequately briefed on the judgment of the Supreme Court and their own IGP’s circulars. A typical response when a complaint is made is that the organisers of the event causing noise would be asked to ‘reduce’ the sound.
That the judgment and the circulars require that noise emitted should not extend beyond the precincts of the particular premises is not known to almost all officers. Police are extremely reluctant to seize equipment and report the matter to a court as required by the Supreme Court judgment when a permit holder does not heed a warning not to violate the conditions of a loudspeaker permit.
The Weligama Police need to be congratulated for taking action against the disco owners who violated the conditions of the permit. It is interesting to note that Ashik v. Bandula also resulted from the refusal of the Assistant Superintendent of Police, Weligama Police, himself a Muslim as the Supreme Court observed, to issue a loudspeaker permit to a mosque due to complaints that there was excessive noise from mosques.
Soon after the Weligama incident, Acting IGP Priyantha Weerasuriya instructed the Kiribathgoda Police to order the Kiribathgoda United Traders Association to desist from using loudspeakers to advertise their businesses, causing inconvenience to residents of the area. This followed complaints by the Viharadhipathi of the local temple and residents. One hopes that these instances are not isolated and that the Police will follow the Supreme Court judgment and the IGP’s circulars to the letter.
Victims of noise pollution and everyone concerned to ensure a clean environment will surely hope that saner counsel will prevail and that the government will not attempt to change the status quo, which is based on a Supreme Court judgment that has been widely welcomed and is in consonance with international best practices. Any such change will violate the fundamental rights to equality and equal protection of the law guaranteed by Article 12(1) of the Constitution and the freedom from cruel, inhuman or degrading treatment guaranteed by Article 11.
Features
How Black Civil Rights leaders strengthen democracy in the US
On being elected US President in 2008, Barack Obama famously stated: ‘Change has come to America’. Considering the questions continuing to grow out of the status of minority rights in particular in the US, this declaration by the former US President could come to be seen as somewhat premature by some. However, there could be no doubt that the election of Barack Obama to the US presidency proved that democracy in the US is to a considerable degree inclusive and accommodating.
If this were not so, Barack Obama, an Afro-American politician, would never have been elected President of the US. Obama was exceptionally capable, charismatic and eloquent but these qualities alone could not have paved the way for his victory. On careful reflection it could be said that the solid groundwork laid by indefatigable Black Civil Rights activists in the US of the likes of Martin Luther King (Jnr) and Jesse Jackson, who passed away just recently, went a great distance to enable Obama to come to power and that too for two terms. Obama is on record as owning to the profound influence these Civil Rights leaders had on his career.
The fact is that these Civil Rights activists and Obama himself spoke to the hearts and minds of most Americans and convinced them of the need for democratic inclusion in the US. They, in other words, made a convincing case for Black rights. Above all, their struggles were largely peaceful.
Their reasoning resonated well with the thinking sections of the US who saw them as subscribers to the Universal Declaration of Human Rights, for instance, which made a lucid case for mankind’s equal dignity. That is, ‘all human beings are equal in dignity.’
It may be recalled that Martin Luther King (Jnr.) famously declared: ‘I have a dream that one day this nation will rise up, live out the true meaning of its creed….We hold these truths to be self-evident, that all men are created equal.’
Jesse Jackson vied unsuccessfully to be a Democratic Party presidential candidate twice but his energetic campaigns helped to raise public awareness about the injustices and material hardships suffered by the black community in particular. Obama, we now know, worked hard at grass roots level in the run-up to his election. This experience proved invaluable in his efforts to sensitize the public to the harsh realities of the depressed sections of US society.
Cynics are bound to retort on reading the foregoing that all the good work done by the political personalities in question has come to nought in the US; currently administered by Republican hard line President Donald Trump. Needless to say, minority communities are now no longer welcome in the US and migrants are coming to be seen as virtual outcasts who need to be ‘shown the door’ . All this seems to be happening in so short a while since the Democrats were voted out of office at the last presidential election.
However, the last US presidential election was not free of controversy and the lesson is far too easily forgotten that democratic development is a process that needs to be persisted with. In a vital sense it is ‘a journey’ that encounters huge ups and downs. More so why it must be judiciously steered and in the absence of such foresighted managing the democratic process could very well run aground and this misfortune is overtaking the US to a notable extent.
The onus is on the Democratic Party and other sections supportive of democracy to halt the US’ steady slide into authoritarianism and white supremacist rule. They would need to demonstrate the foresight, dexterity and resourcefulness of the Black leaders in focus. In the absence of such dynamic political activism, the steady decline of the US as a major democracy cannot be prevented.
From the foregoing some important foreign policy issues crop-up for the global South in particular. The US’ prowess as the ‘world’s mightiest democracy’ could be called in question at present but none could doubt the flexibility of its governance system. The system’s inclusivity and accommodative nature remains and the possibility could not be ruled out of the system throwing up another leader of the stature of Barack Obama who could to a great extent rally the US public behind him in the direction of democratic development. In the event of the latter happening, the US could come to experience a democratic rejuvenation.
The latter possibilities need to be borne in mind by politicians of the South in particular. The latter have come to inherit a legacy of Non-alignment and this will stand them in good stead; particularly if their countries are bankrupt and helpless, as is Sri Lanka’s lot currently. They cannot afford to take sides rigorously in the foreign relations sphere but Non-alignment should not come to mean for them an unreserved alliance with the major powers of the South, such as China. Nor could they come under the dictates of Russia. For, both these major powers that have been deferentially treated by the South over the decades are essentially authoritarian in nature and a blind tie-up with them would not be in the best interests of the South, going forward.
However, while the South should not ruffle its ties with the big powers of the South it would need to ensure that its ties with the democracies of the West in particular remain intact in a flourishing condition. This is what Non-alignment, correctly understood, advises.
Accordingly, considering the US’ democratic resilience and its intrinsic strengths, the South would do well to be on cordial terms with the US as well. A Black presidency in the US has after all proved that the US is not predestined, so to speak, to be a country for only the jingoistic whites. It could genuinely be an all-inclusive, accommodative democracy and by virtue of these characteristics could be an inspiration for the South.
However, political leaders of the South would need to consider their development options very judiciously. The ‘neo-liberal’ ideology of the West need not necessarily be adopted but central planning and equity could be brought to the forefront of their talks with Western financial institutions. Dexterity in diplomacy would prove vital.
Features
Grown: Rich remnants from two countries
Whispers of Lanka
I was born in a hamlet on the western edge of a tiny teacup bay named Mirissa on the South Coast of Sri Lanka. My childhood was very happy and secure. I played with my cousins and friends on the dusty village roads. We had a few toys to play with, so we always improvised our own games. On rainy days, the village roads became small rivulets on which we sailed paper boats. We could walk from someone’s backyard to another, and there were no fences. We had the freedom to explore the surrounding hills, valleys, and streams.
I was good at school and often helped my classmates with their lessons. I passed the General Certificate of Education (Ordinary Level) at the village school and went to Colombo to study for the General Certificate of Education (Advanced Level). However, I did not like Colombo, and every weekend I hurried back to the village. I was not particularly interested in my studies and struggled in specific subjects. But my teachers knew that I was intelligent and encouraged me to study hard.
To my amazement, I passed the Advanced Level, entered the University of Kelaniya, completed an honours degree in Economics, taught for a few months at a central college, became a lecturer at the same university, and later joined the Department of Census and Statistics as a statistician. Then I went to the University of Wales in the UK to study for an MSc.
The interactions with other international students in my study group, along with very positive recommendations from my professors, helped me secure several jobs in the oil-rich Middle Eastern countries, where I earned salaries unimaginable in Sri Lankan terms. During this period, without much thought, I entered a life focused on material possessions, social status, and excessive consumerism.
Life changes
Unfortunately, this comfortable, enjoyable life changed drastically in the mid-1980s because of the political activities of certain groups. Radicalised youths, brainwashed and empowered by the dynamics of vibrant leftist politics, killed political opponents as well as ordinary people who were reluctant to follow their orders. Their violent methods frightened a large section of Sri Lanka’s middle class into reluctantly accepting country-wide closures of schools, factories, businesses, and government offices.
My father’s generation felt a deep obligation to honour the sacrifices they had made to give us everything we had. There was a belief that you made it in life through your education, and that if you had to work hard, you did. Although I had never seriously considered emigration before, our sons’ education was paramount, and we left Sri Lanka.
Although there were regulations on what could be brought in, migrating to Sydney in the 1980s offered a more relaxed airport experience, with simpler security, a strong presence of airline staff, and a more formal atmosphere. As we were relocating permanently, a few weeks before our departure, we had organised a container to transport sentimental belongings from our home. Our flight baggage was minimal, which puzzled the customs officer, but he laughed when he saw another bulky item on a separate trolley. It was a large box containing a bookshelf purchased in Singapore. Upon discovering that a new migrant family was arriving in Australia with a 32-volume Encyclopaedia Britannica set weighing approximately 250 kilograms, he became cheerful, relaxed his jaw, and said, G’day!
Settling in Sydney
We settled in Epping, Sydney, and enrolled our sons in Epping Boys’ High School. Within one week of our arrival from Sri Lanka, we both found jobs: my wife in her usual accounting position in the private sector, and I was taken on by the Civil Aviation Authority (CAA). While working at the CAA, I sat the Australian Graduate Admission Test. I secured a graduate position with the Australian Bureau of Statistics (ABS) in Canberra, ACT.
We bought a house in Florey, close to my office in Belconnen. The roads near the house were eerily quiet. Back in my hometown of Pelawatta, outside Colombo, my life had a distinct soundtrack. I woke up every morning to the radios blasting ‘pirith’ from the nearby houses; the music of the bread delivery van announcing its arrival, an old man was muttering wild curses to someone while setting up his thambili cart near the junction, free-ranging ‘pariah’ dogs were barking at every moving thing and shadows. Even the wildlife was noisy- black crows gathered on the branches of the mango tree in front of the house to perform a mournful dirge in the morning.
Our Australian neighbours gave us good advice and guidance, and we gradually settled in. If one of the complaints about Asians is that they “won’t join in or integrate to the same degree as Australians do,” this did not apply to us! We never attempted to become Aussies; that was impossible because we didn’t have tanned skin, hazel eyes, or blonde hair, but we did join in the Australian way of life. Having a beer with my next-door neighbour on the weekend and a biannual get-together with the residents of the lane became a routine. Walking or cycling ten kilometres around the Ginninderra Lake with a fit-fanatic of a neighbour was a weekly ritual that I rarely skipped.
Almost every year, early in the New Year, we went to the South Coast. My family and two of our best friends shared a rented house near the beach for a week. There’s not much to do except mix with lots of families with kids, dogs on the beach, lazy days in the sun with a barbecue and a couple of beers in the evening, watching golden sunsets. When you think about Australian summer holidays, that’s all you really need, and that’s all we had!
Caught between two cultures
We tried to hold on to our national tradition of warm hospitality by organising weekend meals with our friends. Enticed by the promise of my wife’s home-cooked feast, our Sri Lankan friends would congregate at our place. Each family would also bring a special dish of food to share. Our house would be crammed with my friends, their spouses and children, the sound of laughter and loud chatter – English mingled with Sinhala – and the aroma of spicy food.
We loved the togetherness, the feeling of never being alone, and the deep sense of belonging within the community. That doesn’t mean I had no regrets in my Australian lifestyle, no matter how trivial they may have seemed. I would have seen migration to another country only as a change of abode and employment, and I would rarely have expected it to bring about far greater changes to my psychological role and identity. In Sri Lanka, I have grown to maturity within a society with rigid demarcation lines between academic, professional, and other groups.
Furthermore, the transplantation from a patriarchal society where family bonds were essential to a culture where individual pursuit of happiness tended to undermine traditional values was a difficult one for me. While I struggled with my changing role, my sons quickly adopted the behaviour and aspirations of their Australian peers. A significant part of our sons’ challenges lay in their being the first generation of Sri Lankan-Australians.
The uniqueness of the responsibilities they discovered while growing up in Australia, and with their parents coming from another country, required them to play a linguistic mediator role, and we, as parents, had to play the cultural mediator role. They were more gregarious and adaptive than we were, and consequently, there was an instant, unrestrained immersion in cultural diversity and plurality.
Technology
They became articulate spokesmen for young Australians growing up in a world where information technology and transactions have become faster, more advanced, and much more widespread. My work in the ABS for nearly twenty years has followed cycles, from data collection, processing, quality assurance, and analysis to mapping, research, and publishing. As the work was mainly computer-based and required assessing and interrogating large datasets, I often had to depend heavily on in-house software developers and mainframe programmers. Over that time, I have worked in several areas of the ABS, making a valuable contribution and gaining a wide range of experience in national accounting.
I immensely valued the unbiased nature of my work, in which the ABS strived to inform its readers without the influence of public opinion or government decisions. It made me proud to work for an organisation that had a high regard for quality, accuracy, and confidentiality. I’m not exaggerating, but it is one of the world’s best statistical organisations! I rubbed shoulders with the greatest statistical minds. The value of this experience was that it enabled me to secure many assignments in Vanuatu, Fiji, East Timor, Saudi Arabia, and the Solomon Islands through the World Bank and the International Monetary Fund after I left the ABS.
Living in Australia
Studying and living in Australia gave my sons ample opportunities to realise that their success depended not on acquiring material wealth but on building human capital. They discovered that it was the sum total of their skills embodied within them: education, intelligence, creativity, work experience and even the ability to play basketball and cricket competitively. They knew it was what they would be left with if someone stripped away all of their assets. So they did their best to pursue their careers on that path and achieve their life goals. Of course, the healthy Australian economy mattered too. As an economist said, “A strong economy did not transform a valet parking attendant into a professor. Investment in human capital did that.”
Nostalgia
After living in Australia for several decades, do I miss Sri Lanka? Which country deserves my preference, the one where I was born or the one to which I migrated? There is no single answer; it depends on opportunities, prospects, lifestyle, and family. Factors such as the cost of living, healthcare, climate, and culture also play significant roles in shaping this preference. Tradition in a slow-motion place like Sri Lanka is an ethical code based on honouring those who do things the same way you do, and dishonour those who don’t. However, in Australia, one has the freedom to express oneself, to debate openly, to hold unconventional views, to be more immune to peer pressure, and not to have one’s every action scrutinised and discussed.
For many years, I have navigated the challenges of cultural differences, conflicting values, and the constant negotiation of where I truly ‘belong.’ Instead of yearning for a ‘dream home’ where I once lived, I have struggled, and to some extent succeeded, to find a home where I live now. This does not mean I have forgotten or discarded my roots. As one Sri Lankan-Australian senior executive remarked, “I have not restricted myself to the box I came in… I was not the ethnicity, skin colour, or lack thereof, of the typical Australian… but that has been irrelevant to my ability to contribute to the things which are important to me and to the country adopted by me.” Now, why do I live where I live – in that old house in Florey? I love the freshness of the air, away from the city smog, noisy traffic, and fumes. I enjoy walking in the evening along the tree-lined avenues and footpaths in my suburb, and occasionally I see a kangaroo hopping along the nature strip. I like the abundance of trees and birds singing at my back door. There are many species of birds in the area, but a common link with ours is the melodious warbling of resident magpies. My wife has been feeding them for several years, and we see the new fledglings every year. At first light and in the evening, they walk up to the back door and sing for their meal. The magpie is an Australian icon, and I think its singing is one of the most melodious sounds in the suburban areas and even more so in the bush.
by Siri Ipalawatte
Features
Big scene for models…
Modelling has turned out to be a big scene here and now there are lots of opportunities for girls and boys to excel as models.
Of course, one can’t step onto the ramp without proper training, and training should be in the hands of those who are aware of what modelling is all about.
Rukmal Senanayake is very much in the news these days and his Model With Ruki – Model Academy & Agency – is responsible for bringing into the limelight, not only upcoming models but also contestants participating in beauty pageants, especially internationally.
On the 29th of January, this year, it was a vibrant scene at the Temple Trees Auditorium, in Colombo, when Rukmal introduced the Grey Goose Road To Future Model Hunt.

Tharaka Gurukanda … in
the scene with Rukmal
This is the second Model Hunt to be held in Sri Lanka; the first was in 2023, at Nelum Pokuna, where over 150 models were able to showcase their skills at one of the largest fashion ramps in Sri Lanka.
The concept was created by Rukmal Senanayake and co-founded by Tharaka Gurukanda.
Future Model Hunt, is the only Southeast Asian fashion show for upcoming models, and designers, to work along and create a career for their future.
The Grey Goose Road To Future Model Hunt, which showcased two segments, brought into the limelight several models, including students of Ruki’s Model Academy & Agency and those who are established as models.
An enthusiastic audience was kept spellbound by the happenings on the ramp.

Doing it differently
Four candidates were also crowned, at this prestigious event, and they will represent Sri Lanka at the respective international pageants.
Those who missed the Grey Goose Road To Future Model Hunt, held last month, can look forward to another exciting Future Model Hunt event, scheduled for the month of May, 2026, where, I’m told, over 150 models will walk the ramp, along with several designers.
It will be held at a prime location in Colombo with an audience count, expected to be over 2000.
Model With Ruki offers training for ramp modelling and beauty pageants and other professional modelling areas.
Their courses cover: Ramp walk techniques, Posture and grooming, Pose and expression, Runway etiquette, and Photo shoots and portfolio building,
They prepare models for local and international fashion events, shoots, and competitions and even send models abroad for various promotional events.
-
Life style4 days agoMarriot new GM Suranga
-
Business3 days agoMinistry of Brands to launch Sri Lanka’s first off-price retail destination
-
Features4 days agoMonks’ march, in America and Sri Lanka
-
Features4 days agoThe Rise of Takaichi
-
Features4 days agoWetlands of Sri Lanka:
-
News4 days agoThailand to recruit 10,000 Lankans under new labour pact
-
News4 days agoMassive Sangha confab to address alleged injustices against monks
-
News2 days agoIMF MD here
