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Divorce beginning not an end

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Law is Light is a trilingual legal project to shed light on the law. The Latin maxim “ignorantia legis neminem excusat” translates to ingnorance of the law is not an excuse. The Pro Bono Committee of the Law Students’ Association of Sri Lanka strives to educate the general public by simplifying the laws in our country. In the seventh discussion, the programme focused on “Divorce laws”.

The discussion featured Attorney-at- Law:, Jerusha Crossette-Thambiah, Legal Advisor to the Mayor of Colombo Municipal Council, a Legal Consultant and Gender Practitioner and a lecturer at Cfps Law School

Before we go into the questions, can we address the negative connotation in society on divorce?

Having a stigma is not beneficial to you. Marriage is a contract people willingly get into it, you should be able to willingly get out of it as well. Marriage at its best is a great partnership and a support system but at its worst it is very similar to an abuser and victim dynamic or sometimes even murderer and victim because we see intimate partner violence is one of the highest rates of female murder in Sri Lanka. Divorce is a simple decision to exit a contract.

What is divorce?

Under the General Marriage Ordinance (GMO), divorce is seen as a dissolution of marriage by a competent Court, a contract entered into by a man and a woman.

The grounds for divorce?

There are three grounds upon which divorce can be filed

a) Adultery – is a hard ground to prove as the burden rests on the plaintiff to show that sexual intercourse took place outside marriage.

b) Incurable impotency – It is not about whether you can have children or not, it is about whether you can perform sexually or not and you need to prove that you have taken steps medically and that you are unable to perform sexually. If the other party did not know this at the time of marriage

c) Malicious desertion – leaving the consortium of marriage without just cause. This can happen in two ways: when a spouse leaves the marriage with no intention to return and the other is when the other partner is forced to leave the home due to intolerable behaviour.

Can a couple get divorced on mutual consent?

Even though international law provided for it, we don’t have a written law for it. It was proposed in the Matrimonial Causes Act, which is still at a Bill stage. That has not been passed yet.

We have a faster way “non-contested divorce” where one party files once you have agreed that you no longer want to be together and the other person doesn’t contest it.

But in our personal laws, the KMDA and MMDA seem more progressive.

Having two personal laws that have a mutual consent as a ground for divorce, why is the general law not accommodating it?

This is because personal laws are based on our culture and our culture was quite progressive in the sense that they don’t want to trap someone in a relationship anymore. Whereas the general law is based on British principals and the English law is based on the Bible. In it there is an area that believes that divorce is hated by God.

At present, the English law has progressed and they have mutual consent.

What is the procedure of application for a divorce?

You meet a lawyer and file a plaint and attach any proof mainly your marriage certificate, children’s birth certificate and other proof.

Do you get compensated after the divorce?

What we pray for is alimony, which is seen as compensation for a divorce. The party who has been wronged is proving their case and saying – “for living with you for so many years and now you have wronged me matrimonially I want this alimony”. Aside from that there are maintenance orders, financial orders, and property transfer orders. All of these can be received as an order from a Court.

Are these gender neutral?

Yes. Anybody who earns more cannot leave the other destitute. If you can show that one person has a need and the other person is capable of paying it and there is sufficient reason, any gender will be subject to payment.

Do we have the concept of a prenup in Sri Lanka?

We don’t have the exact concept but any contract two people have entered into is accepted. Court will allow it to be followed.

So this is a general contract where you state your terms and conditions by both parties and you’ll agree to abide by it?

Correct Can you give us a few examples of these terms?

If one person has a lot of money or owns a business, that family may want to protect their assets away from this marriage. They will agree on not including that money for the settlement. This is done to safeguard your family wealth. In Tiger Wood’s prenup, his wife had a clause saying, if he cheats on her, she will get a very high payout. And she did.

What are the rights of the parties after a divorce? And during a divorce?

The rights that a party has is, they can ask for spousal maintenance. You can ask for transfer of properties if you are taking care of the children. There can be financial monthly settlements that can be lump sum payments. You can ask for maintenance for your children.

At the end of the divorce, the main things to be decided are things like custody. Who gets legal rights and physical rights based on the best interest for the child.

What are the legal consequences of a divorce?

One is the order on what you get to do with your custody and the other is about redistribution of your property. Your alimony.

How does the general law apply in the case of a foreign national?

If you are living here you come within the jurisdiction of local Courts and you are able to apply for a divorce in this country. The only thing you need to look at is if your marriage registration was done in another country, will this divorce that you get in Sri Lanka be applicable under that law. Sri Lanka does not accept divorces taken place in other countries.

Judicial separation What is judicial separation?

This a ground that is allowed so that people don’t separate or divorce due to the normal stressors of day-to day life and they are given an opportunity to go their separate ways and rethink. They can come back together. You are asking for a right not to cohabit for 2 years. You cannot remarry during this time

What are the grounds for judicial separation?

There are two grounds – 1) the other person has become too intolerable to live with or dangerous to live with and two) the other person is acting in an unlawful manner and they should not be allowed to live together.

Does a judicial separation automatically become the dissolution of marriage after a certain period of time?

No, it is not automatic. After two years the Court will give you an option to file for divorce.

When a person goes through a divorce, they are called a divorcee. What is a person called after a judicial separation?

You will be called a judicially separated person not a divorcee.

Nullity What is Nullity of marriage?

This is a declaration sought from Court that your marriage was never legal to begin with. A nullity is saying that your marriage is so legally wrong or defective that it was never legal in the first place.

What qualifies a marriage as being null and void?

There are two sets of principles:

Void reasons – Minimum age, prohibited degrees (where you marry your relatives or incestual relationships), bigamy (when you get to another person before getting a divorce from your spouse), defects in formality.

Voidable reasons – duress ( where you are forced to marry the person), incurable impotence, mistake, illicit sexual relations (where you have sexual relations out of your marriage but unlike adultery, if the marriage was never consummated with the partner but there is relations outside the marriage), pregnant by a third party ( this is a ground for a woman’s current husband)

Can you remarry after the nullity of marriage?

A divorce accepts that you are released from the marriage. A nullity states that your marriage never legally happened. Therefore you are a single person and you have the right to remarry.

(Compiled by Zeenath Zakir, Pro bono Secretary 2020-2021

The complete discussion is available on our YouTube channel ‘Law Students Association of Sri Lanka’, in all three languages.

These are laws that are subject to change with future developments by the Legislature)



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Features

A Good Guide to the Omicron Variant

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By M.C.M. Iqbal, PhD

Despite the WHO adopting a neutral system to name the variants of the coronavirus that keep emerging (using letters of the Greek alphabet), the Omicron variant is associated with South Africa. The last variant of the virus to emerge was the Delta variant, which surfaced in December 2020, in India. There are two more letters between Delta and Omicron in the Greek alphabet that the WHO decided not to use. These are ‘Nu’ and ‘Xie’, which the WHO thought could be confused with ‘new’ while Xie is a common surname in China.

The Omicron variant is spreading in many countries. With the number of infected persons rising and another wave expected, many countries in Europe have imposed the usual methods to arrest the spread, with immediate lockdowns. However, scientists are still collecting data to find out how bad Omicron is, since the data seems to indicate that in South Africa, the disease is not as bad as the Delta variant. At the same time, in Europe, there is no significant change in the number of persons hospitalized. Of immediate concern to health authorities are, is the Omicron variant spreading faster than the earlier variants, does it cause more or less severe disease, and can it bypass the vaccines available?

Discovery

Scientists in South Africa announced on 25 November the discovery of a new variant of the coronavirus. On 26 November, the WHO named it Omicron. Although South Africa has been labeled as the country of origin, the virus was identified in neighbouring Botswana. In addition, there are reports of an earlier detection of this variant in the Netherlands.

PCR tests look for four markers on the virus genome to identify it as the coronavirus. The tests in Botswana showed a reduced sensitivity because one of the four targets was not being detected. These samples were sent to South Africa, where scientists have state-of-the-art facilities to look for changes in the genome of the virus. Changes are found by reading the ‘letters’ of the virus genome (called sequencing) and comparing it to the already available genome of the virus. The new Omicron variant had many more changes than the Delta variant.

Global status

By 14th January, the Omicron variant had spread to 116 countries in all six continents since its discovery on 26 November 2021. The figure below shows the gradual replacement of the presently dominant Delta variant by the Omicron variant; at present global data on the coronavirus, maintained by Nextstrain (https:// nextstrain.org/ncov/open/global) shows a decline of the Delta variant from 88% on 30th October 2021 to 42% on 8th January 2022, while correspondingly the Omicron variant has increased from less than 1% to 56%. Nextstrain is a global database presenting a real-time view of the evolution of the genomes of the coronavirus and other globally important pathogens. The interactive platform provides information to professionals and the public to understand the spread and evolution of pathogens, including information on individual countries.

Distribution of Delta and Omicron variants on 1st January 2022 from Nextstrain. (Please see graph)

What’s unique about Omicron?

Unlike the previous variants of the coronavirus, this variant has over 30 changes (mutations) to its spike (a protein), the characteristic flower-like protrusion on its surface. It was these changes to the spike, one of the four targets of the PCR test that raised alarm bells in Botswana. This spike makes the coronavirus special – it is the key it uses to gain entry into the cells in our throat and lungs. The previous variants, Alpha and Delta also had changes in their spike protein, enabling them to enter cells more efficiently and thus making them more infectious. The vaccines against the virus are based on this spike, and the antibodies produced by our immune system are specific to the spike protein. Thus, any significant changes to the spike means the previous vaccines may not be effective against the newly changed spikes on the Omicron variant.

While the Omicron variant can spread rapidly, it appears to cause milder disease compared to the Alpha and Delta variants. Scientists believe this is because Omicron infects the upper airways or the throat, and not the lungs further down. Based on experiments done on hamsters and mice, scientists found the concentration of the virus was much lower in the lungs than in their throat. The earlier variants of the coronavirus caused severe damage to the lungs of the infected people, with extreme cases needing oxygen. This does not seem to be the case with Omicron. Scientists believe the changes to the spike enables the virus to enter cells in the throat more easily than in the lungs.

It can spread rapidly

The virus is quickly expelled into the air if it infects and multiplies in the throat. Since it causes a milder form of the disease, infected persons may be unaware that they carry the virus. They would be moving about socially and at work, spreading the virus. Thus, the obvious means of slowing or preventing the spread of the virus is to strictly wear the mask at all times, and avoid social gatherings.

Studies have suggested that the period between exposure to the virus and onset of symptoms has also reduced to three days for Omicron. At the pandemic’s beginning, this was more than five days, and for the Delta variant it was four days.

What is of immediate concern?

Of concern to scientists is the better ability of the Omicron to spread rapidly in the population and its suspected ability to bypass our immune system. Our immune system is our internal defense system, using antibodies and an arsenal of chemicals and cells. The available vaccines are designed on the coronavirus variants circulating in the population. Thus, major changes to the coronavirus can reduce the efficiency of the available vaccines. Both these concerns have been observed in the past month: Omicron can spread more rapidly than the presently dominant Delta variant, and observations on vaccinated people show a reduced ability by the vaccines to prevent infections, compared to the Delta variant. This has called for booster doses for people who have already received the two mandatory doses. In Israel, even a fourth vaccination is being administered.

How could the variant have evolved?

Variants of the coronavirus result from changes to the virus’s genome, called mutations. What is troubling about the Omicron variant is that it has many mutations in its spike. Mutations happen spontaneously as the virus multiplies in our bodies and spreads to others. Thus, the virus gradually accumulates small changes to its advantage. These advantages are infecting us more efficiently, spreading to others more easily, and multiplying more rapidly. Scientists believe that one possibility is that the virus circulated in a small isolated group of people (say a village), piling up the mutations over time, and then escaping into a broader population, and then eventually crossing borders.

Another possibility is that it developed in a single individual and spread to others. This happens when a person has low immunity, resulting in a prolonged infection because the immune system cannot eliminate the virus. This leads to the virus developing changes (mutating) to overcome the mild immune response. Answering this question needs scientists to painstakingly reconstruct the history of the virus, using tools from molecular biology. Unfortunately, locating patient zero is difficult since it is impossible to analyze the virus (or sequence its genome) of all the persons infected with the Omicron variant. What is usually possible is to determine a general area or community and the time of origin.

What can we do about it?

Vaccinate! This is the primary tool we have to prevent the spread of the virus and not give it opportunities to multiply. In addition, we should rigorously follow the simple rules we are familiar with – wear the mask when outside, physically distance ourselves, and follow hygienic practices by washing our hands with soap, and avoiding touching our nose and face with possibly contaminated hands.

The good news

The coronavirus has been with us for over two years. Many were infected and have recovered from the virus during this period, providing natural immunity. Others have acquired immunity through vaccinations. When a new variant infects these people, they will manifest a milder form of the disease. This may explain the reduced hospitalisation of Omicron patients.

A booster dose to those already vaccinated or were naturally infected by the coronavirus, appears to provide reasonable protection against the Omicron variant.

And the bad news

The Omicron variant can evade immunity from previous infections. A recent analysis of surveillance data from South Africa, involving over two million persons, indicated suspected reinfections of those previously infected. This is in contrast to Beta and Delta variants, which did not lead to reinfections on such a scale.

The Future

The coronavirus is here for the long haul. Variants will keep emerging, and it seems unlikely it can be eradicated. The media should help counter vaccine hesitancy and the spread of misinformation. As individuals, we need to understand the biology of the virus to avoid spreading the virus and infecting ourselves and others. Science has to be supported in a broad sense to develop strategies by the health authorities and policymakers.

Further reading

S. Wild. How the Omicron variant got so many scary mutations. Scientific American, 3rd December 2021.

Michael Chan Chi-wai.

G. Vogel and K. Kupferschmidt. Early lab studies hint Omicron may be milder. But most scientists reserve judgment. Science, 20th December 2021.

K. Kupferschmidt and G. Vogel. Omicron threats remain fuzzy as cases explode. Science, 7 January 2022.

(The writer is a scientist in Plant and Environmental Sciences, National Institute of Fundamental Studies, Hanthane Road, Kandy. He can be reached at iqbal.mo@nifs.ac.lk)

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Rebirth in Buddhism

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By Dr. Justice Chandradasa Nanayakkara

The question of what happens after death naturally arises in the mind of thoughtful people, as we do not know what lies beyond death, because no one has ever returned to the living to recount his experiences life after death. Almost every religion across the world has a defined belief on what happens when a person dies, yet the question is still widely debated and discussed without any finality being reached on the issue. Most of the religious teachers from the earliest times, have been unanimous in affirming that life continues beyond the grave, but they differ widely on the question of what form and in what manner the survival takes place. Nevertheless, mankind continues to believe in some form of survival after death.

Regarding the question of survival after death, thinkers have generally followed one of two philosophical concepts. That is to say annihilationism and eternalism (in Buddhist, ucchedavada and sassatavada). First view is held by nihilists who claim that there is no life after death. They hold the view with the disintegration of the physical body the personality ceases to exist. This view accords with materialistic philosophy, which refuses to accept knowledge of mental conditionality. Those who hold the second view think that there is an abiding entity which exists forever and individual personality persists after death in a recognizable form as an entity called soul, spirit or self. This belief in some form or another is the basis of all theistic religions.

If you stick to the first view and deny that there is no continuity of life after death there would not be no moral law and vipaka (actions and results) operating in the universe enunciated by Lord Buddha and there would be no object in practicing self-restraint or endeavoring to free ourselves of the craving thanha which brings suffering in its wake. The cardinal teachings of the Buddha such as path to nibbana, Four Noble Truths and the eightfold path would be rendered nugatory and meaningless if death is followed by complete extinction. Similarly, those who believe eternalism which presupposes that individual personality persists after death in the form of soul or self as an enduring personality by means of transmigration is also rejected by Buddhism. This view runs counter to the very essence of Buddhism which denies existence of soul. This is the teaching of anatta doctrine, which distinguishes buddhism from other religions and marks it out from all other religious concepts.

In view of the virtual impossibility of establishing the truth of survival after death through empirical methods, question arises what is the attitude of science to this important and abstruse question which has baffled the minds of many people. Although, it is not possible to posit ‘rebirth’ as a scientific fact many men of science are of the opinion that mental, moral and physical inequalities can be accounted for on no other hypothesis than ‘rebirth’ hypothesis.

The idea of a cycle of birth and ‘rebirth’ is part of the teachings of the Lord Buddha. For many Buddhists death is not seen as an end, but rather as a continuation. Buddhists believe a person goes from life to life and see it another part of their long journey through samsara.

Buddhists do not regard ‘rebirth’ as a mere theory but as fact verifiable by evidence and it forms a fundamental tenet in Buddhism along with the concept of karma. Therefore, two principles-kamma and ‘rebirth’ are fundamental to understanding the teachings of Buddha. Kamma and ‘rebirth’ go in arm in arm. According to Buddhism there is no life after death or life before birth independent of kamma. Kamma is an immutable law of cause and effect, and we cannot avoid its consequences. Where there is kamma there must be ‘rebirth’. Most experiences in our present life are the results of our previous actions. Our actions of body, speech and mind (volitional activities) rebound back to us either in the present life or in some future life. It is the karma that conditions ‘rebirth’, past kamma conditions the present birth, the present kamma in combination with past kamma conditions the future. The present is the offspring of the past, and becomes in turn the parent of the future. For Buddhist death is not complete annihilation of a being though that particular life span ended, the force which hitherto actuated it is not destroyed. After death the life flux of man continues ad infinitum as long as there is ignorance and craving. Man will be able to put an end his repeated series of births by realizing nibbana, the complete annihilation of all forms of craving (Narada Thera).

The Buddhist doctrine of ‘rebirth’ should be differentiated from the theory of reincarnation, which implies transmigration of a soul and its invariable ‘rebirth’, as it is enunciated in Hinduism.

In his book What the Buddha Taught, Walpola Rahula Thera posed the question “if we can understand that in this life we can continue without a permanent, unchanging substance like self or soul, why can’t we understand that those forces themselves can continue without a self or soul behind them after the non-functioning of the body? ‘When this physical body is no more capable of functioning, energies do not die with it, but continue to take some other shape or form, which we call another life… physical and mental energies which constitute the so called being have within themselves the power to take a new form, and grow gradually and gather force to the full: King Milinda questioning venerable Nagasena asked: “Venerable Nagasena, does ‘rebirth’ take place without anything transmigrating? Yes, O king, ‘rebirth’ takes place without anything transmigrating? “Give me illustration, venerable Sir. Suppose, O king, a man were to light a light from light pray, would the one light have passed over to the other light?” “Nay, indeed, Venerable Sir. “In exactly the same way, O king, does ‘rebirth’ take place without anything transmigrating.

In this connection, it should be mentioned the word ‘rebirth’ is not a satisfactory one, as it implies that there is something that after death takes on flesh again. It connotes transmigration of soul or other entity consequent to a death of a person. The Pali Word used in buddhism is arising or Phunabba.

As there is no soul or self in Buddhism, question arises if there is no soul or self what is there to be reborn. This has been most vexed question among many religious scholars. This has been a topic of debate for centuries. According to buddhism there is no enduring, substantial or independently existing entity that transmigrates from life to life instead there is simply an apparent continuity of momentary consciousness from one life time to the next that is imbued with impressions or traces (samskaras)of the actions one has committed in the past. For Buddhists everything is changing and nothing is permanent. So, when a person dies not he but his energies that shape him take a new form. New life is connected to previous life through kamma. There is rapid succession of thoughts throughout the life continuum.

The Buddha is our greatest authority on ‘rebirth. Therefore, for Buddhist no other evidence is necessary is prove ‘rebirth’.

On the very night of His enlightenment during the first watch, enlightenment, Buddhas mind travelled back through all of his unaccountable past lives. This was facilitated by the development of retro cognitive knowledge. Though his mind stretched back to countless eons he never saw a beginning to his past existence. He found no beginning and no end. He also saw all the beings in the universe being born, living dying and being reborn over and over again without end, all trapped in a web spun by their past actions. This process is the round of ‘rebirth’ known as samsara, which means wandering from life to life with no particular direction or purpose.

The Buddha before his enlightenment as bodhisattva was born in different forms of existence. As such Buddhist have a firm belief in many realms of existence, both above and below the human realm. Therefore, we can safely assume we all have lived through countless different lifetimes before being born in the world and our birth here as a human being is the result of predominantly good kamma we have committed in the past life. Those good kamma may have been done in many life times before, or more likely done in the previous life. Therefore, the quality of future births depends on the moral quality of our actions now.

In Dhammachackka Sutta too in his first discourse referring to second noble truth, Buddha declared this very craving is that leads to ‘rebirth’.

In ancient Greece philosophers like Empedocles and Pythagoras too taught the doctrine of ‘rebirth’ and Plato made it an important assumption in his philosophy, as pointed out by Ven Piyadassi Thera.

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Features

A Good Guide to the Omicron Variant

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By M.C.M. Iqbal, PhD

Despite the WHO adopting a neutral system to name the variants of the coronavirus that keep emerging (using letters of the Greek alphabet), the Omicron variant is associated with South Africa. The last variant of the virus to emerge was the Delta variant, which surfaced in December 2020, in India. There are two more letters between Delta and Omicron in the Greek alphabet that the WHO decided not to use. These are ‘Nu’ and ‘Xie’, which the WHO thought could be confused with ‘new’ while Xie is a common surname in China.

The Omicron variant is spreading in many countries. With the number of infected persons rising and another wave expected, many countries in Europe have imposed the usual methods to arrest the spread, with immediate lockdowns. However, scientists are still collecting data to find out how bad Omicron is, since the data seems to indicate that in South Africa, the disease is not as bad as the Delta variant. At the same time, in Europe, there is no significant change in the number of persons hospitalized. Of immediate concern to health authorities are, is the Omicron variant spreading faster than the earlier variants, does it cause more or less severe disease, and can it bypass the vaccines available?

Discovery

Scientists in South Africa announced on 25 November the discovery of a new variant of the coronavirus. On 26 November, the WHO named it Omicron. Although South Africa has been labeled as the country of origin, the virus was identified in neighbouring Botswana. In addition, there are reports of an earlier detection of this variant in the Netherlands.

PCR tests look for four markers on the virus genome to identify it as the coronavirus. The tests in Botswana showed a reduced sensitivity because one of the four targets was not being detected. These samples were sent to South Africa, where scientists have state-of-the-art facilities to look for changes in the genome of the virus. Changes are found by reading the ‘letters’ of the virus genome (called sequencing) and comparing it to the already available genome of the virus. The new Omicron variant had many more changes than the Delta variant.

Global status

By 14th January, the Omicron variant had spread to 116 countries in all six continents since its discovery on 26 November 2021. The figure below shows the gradual replacement of the presently dominant Delta variant by the Omicron variant; at present global data on the coronavirus, maintained by Nextstrain (https:// nextstrain.org/ncov/open/global) shows a decline of the Delta variant from 88% on 30th October 2021 to 42% on 8th January 2022, while correspondingly the Omicron variant has increased from less than 1% to 56%. Nextstrain is a global database presenting a real-time view of the evolution of the genomes of the coronavirus and other globally important pathogens. The interactive platform provides information to professionals and the public to understand the spread and evolution of pathogens, including information on individual countries.

Distribution of Delta and Omicron variants on 1st January 2022 from Nextstrain. (Please see graph)

What’s unique about Omicron?

Unlike the previous variants of the coronavirus, this variant has over 30 changes (mutations) to its spike (a protein), the characteristic flower-like protrusion on its surface. It was these changes to the spike, one of the four targets of the PCR test that raised alarm bells in Botswana. This spike makes the coronavirus special – it is the key it uses to gain entry into the cells in our throat and lungs. The previous variants, Alpha and Delta also had changes in their spike protein, enabling them to enter cells more efficiently and thus making them more infectious. The vaccines against the virus are based on this spike, and the antibodies produced by our immune system are specific to the spike protein. Thus, any significant changes to the spike means the previous vaccines may not be effective against the newly changed spikes on the Omicron variant.

While the Omicron variant can spread rapidly, it appears to cause milder disease compared to the Alpha and Delta variants. Scientists believe this is because Omicron infects the upper airways or the throat, and not the lungs further down. Based on experiments done on hamsters and mice, scientists found the concentration of the virus was much lower in the lungs than in their throat. The earlier variants of the coronavirus caused severe damage to the lungs of the infected people, with extreme cases needing oxygen. This does not seem to be the case with Omicron. Scientists believe the changes to the spike enables the virus to enter cells in the throat more easily than in the lungs.

It can spread rapidly

The virus is quickly expelled into the air if it infects and multiplies in the throat. Since it causes a milder form of the disease, infected persons may be unaware that they carry the virus. They would be moving about socially and at work, spreading the virus. Thus, the obvious means of slowing or preventing the spread of the virus is to strictly wear the mask at all times, and avoid social gatherings.

Studies have suggested that the period between exposure to the virus and onset of symptoms has also reduced to three days for Omicron. At the pandemic’s beginning, this was more than five days, and for the Delta variant it was four days.

What is of immediate concern?

Of concern to scientists is the better ability of the Omicron to spread rapidly in the population and its suspected ability to bypass our immune system. Our immune system is our internal defense system, using antibodies and an arsenal of chemicals and cells. The available vaccines are designed on the coronavirus variants circulating in the population. Thus, major changes to the coronavirus can reduce the efficiency of the available vaccines. Both these concerns have been observed in the past month: Omicron can spread more rapidly than the presently dominant Delta variant, and observations on vaccinated people show a reduced ability by the vaccines to prevent infections, compared to the Delta variant. This has called for booster doses for people who have already received the two mandatory doses. In Israel, even a fourth vaccination is being administered.

How could the variant have evolved?

Variants of the coronavirus result from changes to the virus’s genome, called mutations. What is troubling about the Omicron variant is that it has many mutations in its spike. Mutations happen spontaneously as the virus multiplies in our bodies and spreads to others. Thus, the virus gradually accumulates small changes to its advantage. These advantages are infecting us more efficiently, spreading to others more easily, and multiplying more rapidly. Scientists believe that one possibility is that the virus circulated in a small isolated group of people (say a village), piling up the mutations over time, and then escaping into a broader population, and then eventually crossing borders.

Another possibility is that it developed in a single individual and spread to others. This happens when a person has low immunity, resulting in a prolonged infection because the immune system cannot eliminate the virus. This leads to the virus developing changes (mutating) to overcome the mild immune response. Answering this question needs scientists to painstakingly reconstruct the history of the virus, using tools from molecular biology. Unfortunately, locating patient zero is difficult since it is impossible to analyze the virus (or sequence its genome) of all the persons infected with the Omicron variant. What is usually possible is to determine a general area or community and the time of origin.

What can we do about it?

Vaccinate! This is the primary tool we have to prevent the spread of the virus and not give it opportunities to multiply. In addition, we should rigorously follow the simple rules we are familiar with – wear the mask when outside, physically distance ourselves, and follow hygienic practices by washing our hands with soap, and avoiding touching our nose and face with possibly contaminated hands.

The good news

The coronavirus has been with us for over two years. Many were infected and have recovered from the virus during this period, providing natural immunity. Others have acquired immunity through vaccinations. When a new variant infects these people, they will manifest a milder form of the disease. This may explain the reduced hospitalisation of Omicron patients.

A booster dose to those already vaccinated or were naturally infected by the coronavirus, appears to provide reasonable protection against the Omicron variant.

And the bad news

The Omicron variant can evade immunity from previous infections. A recent analysis of surveillance data from South Africa, involving over two million persons, indicated suspected reinfections of those previously infected. This is in contrast to Beta and Delta variants, which did not lead to reinfections on such a scale.

The Future

The coronavirus is here for the long haul. Variants will keep emerging, and it seems unlikely it can be eradicated. The media should help counter vaccine hesitancy and the spread of misinformation. As individuals, we need to understand the biology of the virus to avoid spreading the virus and infecting ourselves and others. Science has to be supported in a broad sense to develop strategies by the health authorities and policymakers.

Further reading

S. Wild. How the Omicron variant got so many scary mutations. Scientific American, 3rd December 2021.

Michael Chan Chi-wai.

G. Vogel and K. Kupferschmidt. Early lab studies hint Omicron may be milder. But most scientists reserve judgment. Science, 20th December 2021.

K. Kupferschmidt and G. Vogel. Omicron threats remain fuzzy as cases explode. Science, 7 January 2022.

(The writer is a scientist in Plant and Environmental Sciences, National Institute of Fundamental Studies, Hanthane Road, Kandy. He can be reached at iqbal.mo@nifs.ac.lk)

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