Connect with us

Features

Clean Sri Lanka and Noise Pollution (Part II)

Published

on

Image courtesy Hindustan Times

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.



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Features

Sheer rise of Realpolitik making the world see the brink

Published

on

A combined US-Israel attack on Iran.(BBC)

The recent humanly costly torpedoing of an Iranian naval vessel in Sri Lanka’s Exclusive Economic Zone by a US submarine has raised a number of issues of great importance to international political discourse and law that call for elucidation. It is best that enlightened commentary is brought to bear in such discussions because at present misleading and uninformed speculation on questions arising from the incident are being aired by particularly jingoistic politicians of Sri Lanka’s South which could prove deleterious.

As matters stand, there seems to be no credible evidence that the Indian state was aware of the impending torpedoing of the Iranian vessel but these acerbic-tongued politicians of Sri Lanka’s South would have the local public believe that the tragedy was triggered with India’s connivance. Likewise, India is accused of ‘embroiling’ Sri Lanka in the incident on account of seemingly having prior knowledge of it and not warning Sri Lanka about the impending disaster.

It is plain that a process is once again afoot to raise anti-India hysteria in Sri Lanka. An obligation is cast on the Sri Lankan government to ensure that incendiary speculation of the above kind is defeated and India-Sri Lanka relations are prevented from being in any way harmed. Proactive measures are needed by the Sri Lankan government and well meaning quarters to ensure that public discourse in such matters have a factual and rational basis. ‘Knowledge gaps’ could prove hazardous.

Meanwhile, there could be no doubt that Sri Lanka’s sovereignty was violated by the US because the sinking of the Iranian vessel took place in Sri Lanka’s Exclusive Economic Zone. While there is no international decrying of the incident, and this is to be regretted, Sri Lanka’s helplessness and small player status would enable the US to ‘get away with it’.

Could anything be done by the international community to hold the US to account over the act of lawlessness in question? None is the answer at present. This is because in the current ‘Global Disorder’ major powers could commit the gravest international irregularities with impunity. As the threadbare cliché declares, ‘Might is Right’….. or so it seems.

Unfortunately, the UN could only merely verbally denounce any violations of International Law by the world’s foremost powers. It cannot use countervailing force against violators of the law, for example, on account of the divided nature of the UN Security Council, whose permanent members have shown incapability of seeing eye-to-eye on grave matters relating to International Law and order over the decades.

The foregoing considerations could force the conclusion on uncritical sections that Political Realism or Realpolitik has won out in the end. A basic premise of the school of thought known as Political Realism is that power or force wielded by states and international actors determine the shape, direction and substance of international relations. This school stands in marked contrast to political idealists who essentially proclaim that moral norms and values determine the nature of local and international politics.

While, British political scientist Thomas Hobbes, for instance, was a proponent of Political Realism, political idealism has its roots in the teachings of Socrates, Plato and latterly Friedrich Hegel of Germany, to name just few such notables.

On the face of it, therefore, there is no getting way from the conclusion that coercive force is the deciding factor in international politics. If this were not so, US President Donald Trump in collaboration with Israeli Rightist Premier Benjamin Natanyahu could not have wielded the ‘big stick’, so to speak, on Iran, killed its Supreme Head of State, terrorized the Iranian public and gone ‘scot-free’. That is, currently, the US’ impunity seems to be limitless.

Moreover, the evidence is that the Western bloc is reuniting in the face of Iran’s threats to stymie the flow of oil from West Asia to the rest of the world. The recent G7 summit witnessed a coming together of the foremost powers of the global North to ensure that the West does not suffer grave negative consequences from any future blocking of western oil supplies.

Meanwhile, Israel is having a ‘free run’ of the Middle East, so to speak, picking out perceived adversarial powers, such as Lebanon, and militarily neutralizing them; once again with impunity. On the other hand, Iran has been bringing under assault, with no questions asked, Gulf states that are seen as allying with the US and Israel. West Asia is facing a compounded crisis and International Law seems to be helplessly silent.

Wittingly or unwittingly, matters at the heart of International Law and peace are being obfuscated by some pro-Trump administration commentators meanwhile. For example, retired US Navy Captain Brent Sadler has cited Article 51 of the UN Charter, which provides for the right to self or collective self-defence of UN member states in the face of armed attacks, as justifying the US sinking of the Iranian vessel (See page 2 of The Island of March 10, 2026). But the Article makes it clear that such measures could be resorted to by UN members only ‘ if an armed attack occurs’ against them and under no other circumstances. But no such thing happened in the incident in question and the US acted under a sheer threat perception.

Clearly, the US has violated the Article through its action and has once again demonstrated its tendency to arbitrarily use military might. The general drift of Sadler’s thinking is that in the face of pressing national priorities, obligations of a state under International Law could be side-stepped. This is a sure recipe for international anarchy because in such a policy environment states could pursue their national interests, irrespective of their merits, disregarding in the process their obligations towards the international community.

Moreover, Article 51 repeatedly reiterates the authority of the UN Security Council and the obligation of those states that act in self-defence to report to the Council and be guided by it. Sadler, therefore, could be said to have cited the Article very selectively, whereas, right along member states’ commitments to the UNSC are stressed.

However, it is beyond doubt that international anarchy has strengthened its grip over the world. While the US set destabilizing precedents after the crumbling of the Cold War that paved the way for the current anarchic situation, Russia further aggravated these degenerative trends through its invasion of Ukraine. Stepping back from anarchy has thus emerged as the prime challenge for the world community.

Continue Reading

Features

A Tribute to Professor H. L. Seneviratne – Part II

Published

on

A Living Legend of the Peradeniya Tradition:

(First part of this article appeared yesterday)

H.L. Seneviratne’s tenure at the University of Virginia was marked not only by his ethnographic rigour but also by his profound dedication to the preservation and study of South Asian film culture. Recognising that cinema is often the most vital expression of a society’s aspirations and anxieties, he played a central role in curating what is now one of the most significant Indian film collections in the United States. His approach to curation was never merely archival; it was informed by his anthropological work, treating films as primary texts for understanding the ideological shifts within the subcontinent

The collection he helped build at the UVA Library, particularly within the Clemons Library holdings, serves as a comprehensive survey of the Indian ‘Parallel Cinema’ movement and the works of legendary auteurs. This includes the filmographies of directors such as Satyajit Ray, whose nuanced portrayals of the Indian middle class and rural poverty provided a cinematic counterpart to H.L. Seneviratne’s own academic interests in social change. By prioritising the works of figures such as Mrinal Sen and Ritwik Ghatak, H.L. Seneviratne ensured that students and scholars had access to films that wrestled with the complex legacies of colonialism, partition, and the struggle for national identity.

These films represent the ‘Parallel Cinema’ movement of West Bengal rather than the commercial Hindi industry of Mumbai. H.L. Seneviratne’s focus initially cantered on those world-renowned Bengali masters; it eventually broadened to encompass the distinct cinematic languages of the South. These films refer to the specific masterpieces from the Malayalam and Tamil regions—such as the meditative realism of Adoor Gopalakrishnan or the stylistic innovations of Mani Ratnam—which are culturally and linguistically distinct from the Bengali works. Essentially, H.L. Seneviratne is moving from the specific (Bengal) to the panoramic, ensuring that the curatorial work of H.L. Seneviratne was not just a ‘Greatest Hits of Kolkata’ but a truly national representation of Indian artistry. These films were selected for their ability to articulate internal critiques of Indian society, often focusing on issues of caste, gender, and the impact of modernisation on traditional life. Through this collection, H.L. Seneviratne positioned cinema as a tool for exposing the social dynamics that often remain hidden in traditional historical records, much like the hidden political rituals he uncovered in his early research.

Beyond the films themselves, H.L. Seneviratne integrated these visual resources into his curriculum, fostering a generation of scholars who understood the power of the image in South Asian politics. He frequently used these screenings to illustrate the conflation of past and present, showing how modern cinema often reworks ancient myths to serve contemporary political agendas. His legacy at the University of Virginia therefore encompasses both a rigorous body of writing that deconstructed the work of the kings and a vivid archive of films that continues to document the work of culture in a rapidly changing world.

In his lectures on Sri Lankan cinema, H.L. Seneviratne has frequently championed Lester James Peries as the ‘father of authentic Sinhala cinema.’ He views Peries’s 1956 film Rekava (Line of Destiny) as a watershed moment that liberated the local industry from the formulaic influence of South Indian commercial films. For H.L. Seneviratne, Peries was not just a filmmaker but an ethnographer of the screen. He often points to Peries’s ability to capture the subtle rhythms of rural life and the decline of the feudal elite, most notably in his masterpiece Gamperaliya, as a visual parallel to his own research into the transformation of traditional authority. H.L. Seneviratne argues that Peries provided a realistic way of seeing for the nation, one that eschewed nationalist caricature in favour of complex human emotion.

However, H.L. Seneviratne’s praise for Peries is often tempered by a critique of the broader visual nationalism that followed. He has expressed concern that later filmmakers sometimes misappropriated Peries’s indigenous style to promote a narrow, majoritarian view of history. In his view, while Peries opened the door to an authentic Sri Lankan identity, the state and subsequent commercial interests often used that same door to usher in a simplified, heroic past. This critique aligns with his broader academic stance against the rationalization of culture for political ends.

Constitutional Governance:

H.L. Seneviratne’s support for independent commissions is best described as a hopeful pragmatism; he views them as essential, albeit fragile, instruments for diffusing the hyper-concentration of executive power. Writing to Colombo Page and several news tabloids, H.L. Seneviratne addresses the democratic deficit by creating a structural buffer between partisan interests and public institutions, theoretically ensuring that the judiciary, police, and civil service operate on merit rather than political whim. However, he remains deeply aware that these commissions are not a panacea and are indeed inherently susceptible to the ‘politics of patronage.’

In cultures where power is traditionally exercised through personal loyalties, there is a constant risk that these bodies will be subverted through the appointment of hidden partisans or rendered toothless through administrative sabotage. Thus, while H.L. Seneviratne advocates for them as a means to transition a state from a patron-client culture to a rule-of-law framework, his anthropological lens suggests that the success of such commissions depends less on the law itself and more on the sustained pressure of civil society to keep them honest.

Whether discussing the nuances of a film’s narrative or the complexities of a constitutional clause, H.L. Seneviratne’s approach remains consistent in its focus on the spirit behind the institution. He maintains that a healthy democracy requires more than just the right laws or the right symbols; it requires a citizenry and a clergy capable of critical self-reflection. His career at the University of Virginia and his continued engagement with Sri Lankan public life stand as a testament to the idea that the intellectual’s work is never truly finished until the work of the people is fully realized.

In the context of H.L. Seneviratne’s philosophy, as discussed in his work of the kings ‘the work of the people’ is far more than a populist catchphrase; it represents the practical application of critical consciousness within a democracy. Rather than defining ‘work’ as labour or voting, H.L. Seneviratne views it as the transition of a population from passive subjects to an active, self-reflective citizenry. This means that a democracy is only truly ‘realized’ when the public possesses the intellectual autonomy to look beyond the ‘right laws’ or ‘right symbols’ and instead engage with the underlying spirit of their institutions. For H.L. Seneviratne, this work is specifically tied to the ability of the people—including influential groups like the clergy—to perform rigorous self-critique, ensuring that they are not merely following tradition or authority, but are actively sustaining the ethical health of the nation. It is a perpetual process of civic education and moral vigilance that moves a society from the ‘paper’ democracy of a constitution to a lived reality of accountability and insight.

This decline of the ‘intellectual monk’ had a catastrophic impact on the political landscape, particularly surrounding the watershed moment of 1956 and the ‘Sinhala Only’ movement. H.L. Seneviratne posits that when the Sangha exchanged their role as impartial moral advisors for that of political kingmakers, they became the primary obstacle to ethnic reconciliation. He suggests that politicians, fearing the immense grassroots influence of the monks, entered a state of monachophobia, where they felt unable to propose pluralistic or fair policies toward minority communities for fear of being branded as traitors to the faith. In H.L. Seneviratne’s framework, the monk’s transition from a social servant to a political vanguard effectively trapped the state in a cycle of majoritarian nationalism from which it has yet to escape.

H.L. Seneviratne’s work serves as a multifaceted critique of the modern Sri Lankan state and its cultural foundations. Whether he is dissecting what he sees as the betrayal of the monastic ideal or celebrating the humanistic vision of an Indian filmmaker, his goal remains the same: to champion a world where intellect and compassion are not sacrificed on the altar of political power. His legacy at the University of Virginia and his continued voice in Sri Lankan discourse remind us that the work of the intellectual is to provide a moral compass even, indeed especially, when the nation has lost its way.

(Concluded)

by Professor
M. W. Amarasiri de Silva

Continue Reading

Features

Musical journey of Nilanka Anjalee …

Published

on

Nilanka Anjalee Wickramasinghe is, in fact, a reputed doctor, but the plus factor is that she has an awesome singing voice, as well., which stands as a reminder that music and intellect can harmonise beautifully.

Well, our spotlight today is on ‘Nilanka – the Singer,’ and not ‘Nilanka – the Singing Doctor!’

Nilanka’s journey in music began at an early age, nurtured by an ear finely tuned to nuance and a heart that sought expression beyond words.

Under the tutelage of her singing teachers, she went on to achieve the A.T.C.L. Diploma in Piano and the L.T.C.L. Diploma in Vocals from Trinity College, London – qualifications recognised internationally for their rigor and artistry.

These achievements formally certified her as a teacher and performer in both opera singing and piano music, while her Performer’s Certificate for singing attested to her flair on stage.

Nilanka believes that music must move the listener, not merely impress them, emphasising that “technique is a language, but emotion is the message,” and that conviction shines through in her stage presence –serene yet powerful, intimate yet commanding.

Her YouTube channel, Facebook and Instagram pages, “Nilanka Anjalee,” have become a window into her evolving artistry.

Here, audiences find not only her elegant renditions of local and international pieces but also her original songs, which reveal a reflective and modern voice with a timeless sensibility.

Each performance – whether a haunting ballad or a jubilant interpretation of a traditional hymn – carries her signature blend of technical finesse and emotional depth.

Beyond the concert hall and digital stage, Nilanka’s music is driven by a deep commitment to meaning.

Her work often reflects her belief in empathy, inner balance, and the beauty of simplicity—values that give her performances their quiet strength.

She says she continues to collaborate with musicians across genres, composing and performing pieces that reflect both her classical discipline and her contemporary outlook.

Widely acclaimed for her ability to adapt to both formal and modern stages, with equal grace, and with her growing repertoire, Nilanka has become a sought-after soloist at concerts and special events,

For those who seek to experience her artistry, firsthand, Nilanka Anjalee says she can be contacted for live performances and collaborations through her official channels.

Her voice – refined, resonant, and resolutely her own – reminds us that music, at its core, is not about perfection, but truth.

Dr. Nilanka Anjalee Wickramasinghe also indicated that her newest single, an original, titled ‘Koloba Ahasa Yata,’ with lyrics, melody and singing all done by her, is scheduled for release this month (March)

Continue Reading

Trending