Features
Flaws in the US Constitution
by Vijaya Chandrasoma
The Constitution of the United States of America came into force in 1789, and is regarded as the oldest written national constitution in unbroken existence. However, four years of the Trump administration, and Trump’s unprecedented behaviour after his defeat in November have served to expose some flaws in this revered document, which present a clear danger to American democracy. The areas in which these flaws exist are in Congress, the Electoral College and the Lame Duck period of the presidency.
The House of Representatives and Gerrymandering
The House of Representatives was established in 1789, with 65 members elected from the 11 states. The size of the House was capped in 1911 at its current number of 435 voting members. Representation of each state was determined by its population. Each state has at least one representative, irrespective of size, and the District of Columbia (Washington D.C.) has three, making a total of 438 members.
Every ten years, congressional districts of each state are redrawn according to the census, with the intent of providing equitable representation. The new districts are redrawn by state legislatures during the census, and approved by the governor. And if one party has control of the state legislature and the governor, district lines are redrawn to its own maximum political advantage. This meddling with the state’s district lines to give the ruling party an advantage in elections started in Massachusetts in 1812, when the governor, Elbridge Gerry, signed a bill that gave an electoral advantage to the Democratic-Republican Party over the competing Federalist Party. A member of the Federalist Party, in disgust, drew a simulated map of a district resembling the short arms and the long tail of a salamander. Thus the term “Gerrymandering” was born, and this unethical practice persists to the present day, with the resultant iniquity of representation, usually with respect to minorities, in state and general elections.
The Senate
Each state is represented by two Senators, who serve staggered periods of six years. There are currently 100 Senators from 50 states. The capital city, Washington D.C., has no representation in the Senate. The Vice President acts as the president of the Senate, and holds the casting vote in the event of a tie.
The discrimination of national representation in the composition of the Senate is obvious considering that each state is represented by two Senators, irrespective of population. As an example, the four most populous states of California (39.5 million), Texas (29 million) Florida (21.5 million), and New York (19.5 million), with a total population of nearly 110 million, a third of the total population, are represented in the Senate by eight Senators, an approximate representation rate of one Senator for 14 million people. While the four least populous states of North Dakota (762,000), Alaska (732,000), Vermont (624,000) and Wyoming (579,000), with a total population of 2.7 million are also represented by 8 Senators, a representation rate of one Senator for 335,000 people.
The ethnic diversity exhibited in the larger states, California, Texas, Florida and New York, compared to the almost entirely white populations of states like Wyoming and Vermont, means that minorities, especially more recent brown-skinned immigrants, are grossly underrepresented in the Senate.
The time for reapportionment and racial equity in the Senate is long overdue.
The Electoral College
As established in Article II Section 1 of the Constitution, each state has as many “Electors” in the Electoral College as it has Representatives in the House and the Senate, and three for the District of Columbia, the capital territory of the nation. Currently this number is 538 – 435 for the House, 100 for the Senate and three for Washington D.C. This represents the magic number of 270 – one more than half of 538 – Electors needed to win the presidency.
The Electoral College was established by the Framers because “they didn’t trust the people to make electoral decisions on their own. They wanted the president chosen by electors they thought of as ‘enlightened statesmen’”. They also aimed to give an unfair advantage to the slave-owning states, and so ensure that only a citizen of Virginia, the then largest state, could be elected president.
Times have changed, but the Electoral College process continues to give the advantage to a few swing states, and the kingmaking power to elect the president, totally ignoring the will of the people. Voters in states like California and New York, with their large populations of minorities, are, as in the Senate, underrepresented. The reality is that swing states of Florida, Georgia, Wisconsin and Michigan are traditionally more conservative, which presents the Republicans with an unfair edge in a general election. An edge that stood them in good stead in 2000 and 2016.
The Electoral College, rather than the popular vote, has been responsible for the election of the president twice in the 21st century. Al Gore won the election by 550,000 votes over Bush, and Hillary Clinton surpassed Trump by over 2.8 million votes. In any other country, or in the absence of the antiquated and undemocratic Electoral College, Al Gore and Hillary Clinton would have been elected to the presidency in 2000 and 2016, respectively. The United States would probably have enjoyed 28 years of uninterrupted progressive governments, sans senseless, illegal wars, treasonous cuddling up to adversaries and a serious fascist assault on its democratic ideals. An assault which has failed thus far, but continues to threaten and divide the nation.
The Lame Duck Presidency
When a new president has been elected, the outgoing president retains the full powers of the presidency for the 11 weeks between Election Day in November and Inauguration Day on January 20 of the following year. Such a Lame Duck president is traditionally expected to ensure the smooth transfer of power, and avoid making any major decisions which may adversely affect the functions of the new administration.
This period is in complete contrast to the period of transfer of power in other countries. In Britain, for example, if the Prime Minister is defeated on a Thursday, the newly elected Prime Minister is installed in No. 10 Downing Street by Friday night, leaving hardly any time to even change the bedsheets. The French are more liberal; they give the outgoing president ten days to get the hell out of the Elysee Palace. Other countries have more or less expeditious methods of eliminating the vanquished, up to and including incarceration or even assassination, but none has a transition period exceeding a few days.
Trump is already highlighting the dangers of a prolonged transition of power. He is using the powers of his presidency to leave the nation in complete chaos when Biden assumes power in January. The US is currently in the grip of an unprecedented economic crisis, and the national travails of a pandemic which has been criminally mismanaged since its inception and continues to claim 3000 lives every day. There is recent evidence that Russia has been hacking and spying on multiple government agencies, including the Departments of Homeland Security and Commerce, which have been hit by massive data breach in one of the worst cyber intrusions in history. Trump has said not one word about this Russian aggression. In fact, he has threatened to declassify vital security documents which will help the nation’s adversaries. President Putin could not have wished for a more willing accomplice in his stated ambition to marginalize the USA.
The five weeks of the Lame Duck presidency before Biden is inaugurated could well be the most dangerous period in American history. Trump will likely spend these last weeks in a flurry of temper tantrums, lashing out at his enemies in vengeance, self-dealing, tossing out pardons like confetti at a wedding, and trying to discredit his opponents and the system itself. Americans who want to see the rule of law restored and the Constitution strengthened must be prepared to fight for it, in the courts and in the streets if necessary. Trump and his followers will not “go gently into that good night”.
We have Trump to thank for exposing these dangerous flaws in the US Constitution. The Founding Fathers could be forgiven for these omissions as they would never have imagined, in their wildest dreams, that a clinical psychopath, lacking even a trace of humanity would be elected to the presidency.
The nation must learn from its mistakes, even acts of treason, of the past four years and amend the Constitution to invalidate these flaws. Amendments to make representation in the House and Senate more equitable; to abolish the antiquated and intrinsic racism of the Electoral College and ensure that future presidents are elected by the popular vote; and most importantly, to make certain that the transfer of power to the new president is achieved with minimum delay, so that an outgoing president will never again try to wreak vengeance on the country because of his rejection by the voters.
Trump is vowing to continue the fight to overturn the election, begging for contributions from Republicans to help him in his delusional quest. He has to date swindled his supporters to the tune of over $200 million. On false pretenses, as he has given his hand away by planning a Friends and Family program for presidential pardons. His appeals for funds from his supporters for legal costs to overturn the election are therefore only aimed at making money, as pardons are granted only at the end of a presidency.
The issue of presidential pardons has traditionally been a means to redeem cases of injustice, and done on the recommendations of the Office of the Pardon Attorney. This White House has been inundated by hundreds of pardon requests following the election loss. Trump has been abusing, and intends to abuse this privilege before he leaves the White House, to pardon members of his family, friends, even himself, who have been complicit in, or committed crimes during his corrupt presidency. It may be pertinent to remember that the Supreme Court ruled, in 1915, that the acceptance of any kind of pardon, including presidential, is in itself an admission of guilt.
On Monday, December 14, the Electoral College certified that President-elect Biden had won 306 votes and formally declared his presidency.
On Monday, December 14, the first vaccination to combat Covid-19 was injected on live TV into the arm of New York nurse, Sandra Lindsay, at the Long Island Jewish Medical Center. An amazing scientific achievement, providing a glimmer of hope even as the nation passes the grim milestone of 300,000 Covid-19 American fatalities.
Monday, December 14, 2020 will go down in history as a Day of Honour, Triumph and Hope, both for Democracy and for Science. And a Day of Relief, for finally, if only formally, vanquishing the four-year plague that has been Donald J. Trump, the multiple Loser of the 2020 presidential election.
Features
Relief without recovery
The escalating conflict in the Middle East is of such magnitude, with loss of life, destruction of cities, and global energy shortages, that it is diverting attention worldwide and in Sri Lanka, from other serious problems. Barely four months ago Sri Lanka experienced a cyclone of epic proportions that caused torrential rains, accompanied by floods and landslides. The immediate displacement exceeded one million people, though the number of deaths was about 640, with around 200 others reported missing. The visual images of entire towns and villages being inundated, with some swept away by floodwaters, evoked an overwhelming humanitarian response from the general population.
When the crisis of displacement was at its height there was a concerted public response. People set up emergency kitchens and volunteer clean up teams fanned out to make flooded homes inhabitable again. Religious institutions, civil society organisations and local communities worked together to assist the displaced. For a brief period the country witnessed a powerful demonstration of social solidarity. The scale of the devastation prompted the government to offer generous aid packages. These included assistance for the rebuilding of damaged houses, support for building new houses, grants for clean up operations and rent payments to displaced families. Welfare centres were also set up for those unable to find temporary housing.
The government also appointed a Presidential Task Force to lead post-cyclone rebuilding efforts. The mandate of the Task Force is to coordinate post-disaster response mechanisms, streamline institutional efforts and ensure the effective implementation of rebuilding programmes in the aftermath of the cyclone. The body comprises a high-level team, led by the Prime Minister, and including cabinet ministers, deputy ministers, provincial-level officials, senior public servants, representing key state institutions, and civil society representatives. It was envisaged that the Task Force would function as the central coordinating authority, working with government agencies and other stakeholders to accelerate recovery initiatives and restore essential services in affected regions.
Demotivated Service
However, four months later a visit to one of the worst of the cyclone affected areas to meet with affected families from five villages revealed that they remained stranded and in a state of limbo. Most of these people had suffered terribly from the cyclone. Some had lost their homes. A few had lost family members. Many had been informed that the land on which they lived had become unsafe and that they would need to relocate. Most of them had received the promised money for clean up and some had received rent payments for two months. However, little had happened beyond this. The longer term process of rebuilding houses, securing land and restoring livelihoods has barely begun. As a result, families who had already endured the trauma of disaster, now face prolonged uncertainty about their future. It seems that once again the promises made by the political leadership has not reached the ground.
A government officer explained that the public service was highly demotivated. According to him, many officials felt that they had too much work piled upon them with too little resources to do much about it. They also believed that they were underpaid for the work they were expected to carry out. In fact, there had even been a call by public officials specially assigned to cyclone relief work to go on strike due to complaints about their conditions of work. This government official appreciated the government leadership’s commitment to non corruption. But he noted the irony that this had also contributed to a demotivation of the public service. This was on the unjustifiable basis that approving and implementing projects more quickly requires an incentive system.
Whether or not this explanation fully captures the situation, it points to an issue that the government needs to address. Disaster recovery requires a proactive public administration. Officials need to reach out to affected communities, provide clear information and help them navigate the complex procedures required to access assistance. At the consultation with cyclone victims this was precisely the concern that people raised. They said that government officers were not proactive in reaching out to them. Many felt they had little engagement with the state and that the government officers did not come to them. This suggests that the government system at the community level could be supported by non-governmental organisations that have the capacity and experience of working with communities at the grassroots.
In situations such as this the government needs to think about ways of motivating public officials to do more rather than less. It needs to identify legitimate incentives that reward initiative and performance. These could include special allowances for those working in disaster affected areas, recognition and promotion for officers who successfully complete relief and reconstruction work, and the provision of additional staff and logistical support so that the workload is manageable. Clear targets and deadlines, with support from the non-governmental sector, can also encourage officials to act more proactively. When government officers feel supported and recognised for the extra effort required, they are more likely to engage actively with affected communities and ensure that assistance reaches those who need it most.
Political Solutions
Under the prevailing circumstances, however, the cyclone victims do not know what to do. The government needs to act on this without further delay. Government policy states that families can receive financial assistance of up to Rs 5 million to build new houses if they have identified the land on which they wish to build. But there is little freehold land available in many of the affected areas. As a result, people cannot show government officials the land they plan to buy and, therefore, cannot access the government’s promised funds. The government needs to address this issue by providing a list of available places for resettlement, both within and outside the area they live in. However, another finding at the meeting was that many cyclone victims whose lands have been declared unsafe do not wish to leave them. Even those who have been told that their land is unstable feel more comfortable remaining where they have lived for many years. Relocating to an unfamiliar area is not an easy decision.
Another problem the victims face is the difficulty of obtaining the documents necessary to receive compensation. Families with missing members cannot prove that their loved ones are no longer alive. Without official confirmation they cannot access property rights or benefits that would normally pass to surviving family members. These are problems that Sri Lanka has faced before in the context of the three decade long internal war. It has set up new legal mechanisms such as the provision of certificates of absence validated by the Office on Missing Persons (OMP) in place of death certificates when individuals remain missing for long periods. The government also needs to be sensitive to the fact that people who are farmers cannot be settled anywhere. Farming is not possible in every location. Access to suitable land and water is essential if farmers are to rebuild their livelihoods. Relocation programmes that fail to take these realities into account risk creating new psychological and economic hardships.
The message from the consultation with cyclone victims is that the government needs to talk more and engage more directly with affected communities. At the same time the political leadership at the highest levels need to resolve the problems that government officers on the ground cannot solve. Issues relating to land availability, legal documentation and livelihood restoration require policy decisions at higher levels. The challenge to the government to address these issues in the context of the Iran war and possible global catastrophe will require a special commitment. Demonstrating that Sri Lanka is a society that considers the wellbeing of all its citizens to be a priority will require not only financial assistance but also a motivated public service and proactive political leadership that reaches out to those still waiting to rebuild their lives.
by Jehan Perera
Features
Supporting Victims: The missing link in combating ragging
A recent panel discussion at the University of Peradeniya examined the implications of the Supreme Court’s judgement on ragging, in which the Court recognised that preventing ragging requires not only criminal penalties imposed after an incident occurs but also systems and processes within universities that enable victims to speak up and receive support. Bringing together perspectives from law, university administration, psychology and students, the discussion sought to understand why ragging continues to persist in Sri Lankan universities despite the existence of legal prohibitions. While the discussion covered legal and institutional dimensions, one theme emerged clearly: addressing ragging requires more than laws and disciplinary rules. It requires institutions that are capable of supporting victims.
Sri Lanka enacted the Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act No. 20 of 1998 following several tragic incidents in universities, during the 1990s. Among the most widely remembered is the death of engineering student S. Varapragash at the University of Peradeniya in 1997. Incidents such as this shocked the country and revealed the consequences of allowing violent forms of student hierarchy to persist. The 1998 Act marked an important legal intervention by recognising ragging as a criminal offence. The law introduced severe penalties for individuals found guilty of engaging in ragging or other forms of violence in educational institutions, including fines and imprisonment.
Despite the existence of this law for nearly three decades, prosecutions under the Act have been extremely rare. Incidents continue to surface across universities although most are not reported. The incidents that do reach university administrations are dealt with internally through disciplinary procedures rather than through the criminal justice system. This suggests that the problem does not lie solely in the absence of legal provisions but also in the ability of victims to come forward and pursue complaints.
The tragic reminders; the cases of Varapragash and Pasindu Hirushan
Varapragash, a first-year engineering student at the University of Peradeniya, was forced by senior students to perform extreme physical exercises as part of ragging, resulting in severe internal injuries and acute renal failure that ultimately led to his death. In 2022, the courts upheld the conviction of one of the perpetrators for abduction and murder. The case illustrates not only the brutality of ragging but also how long and difficult the path to justice can be for victims and their families. Even when victims speak about their experiences, they may not always disclose the full extent of what they have endured. In the case of Varapragash, the judgement records that the victim told his father that he was asked to do dips and sit-ups. Varapragash’s father had testified that it appeared his son was not revealing the exact details of what he had to endure due to shame.
More than two decades after the death of Varapragash, the tragedy of ragging continues. The 2025 Supreme Court judgement arose from the case of Pasindu Hirushan, a 21-year-old student of the University of Sri Jayewardenepura, who sustained devastating head injuries at a fresher’s party, in March 2020, after a tyre sent down the stairs by senior students struck him. He became immobile, was placed on life support, and returned home only months later. If the Varapragash case exposed the deadly consequences of ragging in the 1990s, the Pasindu Hirushan case demonstrates that universities are still failing to prevent serious violence, decades after the enactment of the 1998 Act. It was against this background of continuing institutional failure that the Supreme Court issued its Orders of Court in 2025. Among the key mechanisms emphasised by the judgement is the establishment of Victim Support Committees within universities.
Why do victims need support?
Ragging in universities can take many forms, including verbal humiliation, physical abuse, emotional intimidation and, in some instances, sexual harassment. While all forms of ragging can have serious consequences, incidents involving sexual harassment often present additional barriers for victims who wish to come forward. Victims may hesitate to complain due to weak institutional mechanisms, fear of retaliation, or uncertainty about whether their experiences will be taken seriously. In many cases, those who speak out are confronted with questions that shift attention away from the alleged misconduct and onto their own behaviour: why did s/he continue the conversation?; why did s/he not simply disengage, if the harassment occurred as claimed?; why did s/he remain in the environment?; or did his/her actions somehow encourage the accused’s behaviour? Such responses illustrate how easily victims can be subjected to a second layer of scrutiny when they attempt to report incidents. When individuals anticipate disbelief, minimisation or blame, silence may appear safer than disclosure. In such circumstances, the presence of a trusted institutional body, capable of providing guidance, protection and support, become critically important, highlighting the need for effective Victim Support Committees within universities.
What Victim Support Committees must do
As expected by the Supreme Court, an effective Victim Support Committee should function as a trusted institutional mechanism that places the safety and dignity of victims at the centre of its work. The committee must provide a safe and confidential point of contact through which victims can report incidents of ragging without fear of intimidation or retaliation. It should assist victims in understanding and pursuing available complaint procedures, while also ensuring their immediate protection where there is a risk of continued harassment. Recognising the psychological harm ragging may cause, the committee should facilitate access to counselling and emotional support services. At a practical level, it should also help victims document incidents, record statements, and preserve evidence that may be necessary for disciplinary or legal proceedings. The committee must coordinate with university authorities to ensure that complaints are addressed promptly and responsibly, while maintaining strict confidentiality to protect the identity and well-being of those who come forward. Beyond responding to individual cases, Victim Support Committees should also contribute to broader awareness and prevention efforts, within universities, helping to create an environment where ragging is actively discouraged and students feel safe to report incidents. Without such support, the process of pursuing justice can become overwhelming for individuals who are already dealing with the emotional impact of abuse.
Making Victim Support Committees work
According to the Orders of Court, these committees should include representatives from the academic and non-academic staff, a qualified counsellor and/or clinical psychologist, an independent person, from outside the institution, with experience in law enforcement, health, or social services, and not more than three final-year students, with unblemished academic and disciplinary records, appointed for fixed terms. Further, universities must ensure that committees consist of individuals who possess both expertise and genuine commitment in areas such as student welfare, psychology, gender studies, human rights and law enforcement, in line with the spirit of the Supreme Court’s directions, rather than consisting largely of ex officio positions. If treated as routine administrative positions, rather than responsibilities requiring specialised knowledge, sensitivity and empathy, these committees risk becoming symbolic rather than functional.
Greater transparency in the appointment process could strengthen the credibility of these committees. Universities could invite expressions of interest from individuals with relevant expertise and demonstrated commitment to supporting victims. Such an approach would help ensure that the committees benefit from the knowledge and dedication of those best equipped to fulfil this role.
The Supreme Court judgement also introduces an important safeguard by giving the University Grants Commission (UGC) the authority to appoint members to university-level Victim Support Committees. If exercised with integrity, this provision could help ensure that these committees operate with greater independence. It may also help address a challenge that sometimes arises within institutions, where individuals, with relevant expertise, or strong commitment to addressing issues, such as violence, harassment or student welfare, may not always be included in institutional mechanisms due to internal administrative preferences. External oversight by the UGC could, therefore, create opportunities for such individuals to contribute meaningfully to Victim Support Committees and strengthen their effectiveness.
Ultimately, the success of the recent judgement will depend not only on the directives it issued, the number of committees universities establish, or the number of meetings they convene, or other box-checking exercises, but on how sincerely those directives are implemented and the trust these committees inspire among students and staff. Laws can prohibit ragging, but they cannot by themselves create environments in which victims feel safe to speak. That responsibility lies with institutions. When universities create systems that listen to victims, support them and treat their experiences with seriousness, universities will become places where dignity and learning can coexist.
(Udari Abeyasinghe is attached to the Department of Oral Pathology at the University of Peradeniya)
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
by Udari Abeyasinghe
Features
Big scene … in the Seychelles
Several of our artistes do venture out on foreign assignments but, I’m told, most of their performances are mainly for the Sri Lankans based abroad.
However, the group Mirage is doing it differently and they are now in great demand in the Seychelles.
Guests patronising the Lo Brizan pub/restaurant, Niva Labriz Resort, in the Seychelles, is made up of a wide variety of nationalities, including Russians, Chinese, French and Germans, and they all enjoy the music dished out by Mirage, and that is precisely why they are off to the Seychelles … for the fifth time!
The band is scheduled to leave this month and will be back after three weeks, but their journey to the Seychelles will continue, with two more assignments lined up for 2026.
In August it’s a four-week contract, and in December another four-week contract that will take in the festive celebrations … Christmas and the New Year.

Donald’s birthday
celebrations
According to reports coming my way, it is a happening scene at the Lo Brizan pub/restaurant, Niva Labriz Resort, whenever Mirage is featured, and the band has even adjusted its repertoire to include local and African songs.
They work three hours per day and six days per week at the Lo Brizan pub/restaurant.

Donald Pieries:
Leader, vocalist,
drummer
Led by vocalist and drummer Donald Pieries, many say it is his
musical talents and leadership that have contributed to the band’s success.
Donald, who celebrated his birthday on 07 March, at the Irish Pub, has been with the group through various lineup changes and is known for his strong vocals.
He leads a very talented and versatile line up, with Sudham (bass/vocals), Gayan (lead guitar/vocals), Danu (female vocalist) and Toosha (keyboards/vocals).
Mirage performs regularly at venues like the Irish Pub in Colombo and also at Food Harbour, Port City.
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