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Gotabaya Autocracy: Inducements and Impediments

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by Kumar David

It has been a constant if annoying refrain of this column that there are powerful class, political, military, cultural and racial-religious forces pushing Lanka in the direction of an autocratic state. Up to now I have taken pains to delineate the factors encouraging autocracy while neglecting those impeding it. This was for reasons of electoral exigency – the country has had two elections on its hands and theoretical nuances needed to be set aside so as not to cloud practical urgencies. I will now depart from this constraint and discuss both push and pull pressures. This essay is going to be controversial but if it evokes healthy debate and provokes constructive comment it is worth the risk.

Let us not fool ourselves, the call for discipline, strong government and a no-nonsense autocrat at the helm has been widespread and gained further ground during the Gota presidency. Regarding COVID-19, confronted with the choice between biological survival and economic benefit Gota made the right choice. Hence his popularity is not limited to power hungry military-brass, slavish media, crooked and obnoxious SLPP politicos who spotted a messiah to pull their nuts out of the fire, and Viythmaga-Yukthiya upstart professionals seeking sinecures. No, it is more widespread. Autocracy-philia spread like a pandemic and penetrated the public mind as a Gota love-in; the abstract concept found personal incarnation. Over 70% of Sinhala-Buddhists and more than a usual number of Eastern Province and Vanni Tamils and Muslims voted for pro-Gota tickets.

A critical feature of this process that I will comment on anon is the emerging relationship between the Buddhist clergy and the hardening autocratic process. I am by no means convinced that the monks will one and all adapt to it. The history of the Buddhist clergy in Sri Lanka has been rebellious. It did not get on well with Kasyapa and has a record of obstinate opposition to all colonial rulers. The conflict between the Abhayagiriya and the Maha Vihara in the 12th century is not at all similar to the current imbroglio but it does show that transformative political events profoundly disrupt the clergy. More on this anon.

Sleaze has been widely commented on so I can keep my harangue brief and pithy. The elections have proved that the public has no interest, absolutely none, in choosing parliamentarians of financial integrity with a proven work ethic. Please let this sink in! It is criminals, rogues and buffoons that are the squad of choice. Twenty to thirty such MPs are government, a few are SJB. All meet at least one, often more than one of the following criteria: murderer on death row; alleged murder; arrested, remanded and/or indicted for theft in some cases of tens of millions of rupees; criminal breach of trust; passport forgery; abuse of state property and vehicles; unlawful use of firearms; assault, making false statements to the authorities (police or courts), and on and on. Write-ups and a rogues-gallery of some photos is in Sunday Times 9 August in a piece by Namini Wijedasa; a fuller list can fill a page. Gota’s Cabinet includes about ten clean and competent choices but also ten others are publicly named and freely identified as “hora, jathivadhaya or buruwa”. The inclusion of so much muck in the Cabinet undermines Gota’s “I will set up a clean and competent administration” message.

On the obverse side of this ugly story is the tragedy that among the defeated MPs were those ranked among the best by Vertite Research an independent agency, say Sunil Handunetti and Nalinda Jayatissa. Other upright ones too were voted out to make room for scoundrels. I need to make it clear that I am not here discussing the moral debasement of the voting public, though that is horrific. My concern relates to the topic of this essay, the swing to autocracy. Why do people have so little concern for the quality of their MPs? Because their greatest desire is that the Rajapaksas wield supreme power. There is empathy between the cultural character of the people (mainly but not only the Sinhalese) and Rajapaksa mystique. What the Rajapaksas evoke is what Lanka is. It is simplistic to reckon that war victory still enamours Gota to the masses. No, it’s a deeper psyche than that; the Sinhala masses gel with what the Rajapaksas symbolise; what the Rajapaksa phenomenon emanates is what our polity breathes. This will not reverse until the economy collapses; at least till then Rajapaksa state power stands secure.

The UNP was wiped out and Sajith defeated not because of yahapalana’s ineptitude or the bond-scam. There are far bigger and bolder rogues per square centimetre in the SLPP than the UNP or Sajith’s outfit. Nor can the defeat be explained by the split, hugely biased media coverage, campaign restrictions due to the pandemic or the larger turn out of saffron for the Rajapaksas than for Sajith or Ranil. These things mattered but they were not decisive. Even if Sajith and Ranil did not tear out each other’s jugulars, even without the bond-scam, with better media coverage and more saffron robes on stage, still there would have been a huge swing to MR-GR because Sri Lanka psychologically wanted it. Pissu-Sira, had he been on an SJB or UNP ticket would have lost his deposit, shirt and underpants, but on the Rajapaksa bandwagon he romped home with more than 100,000 votes. This proves my message better than words. This is the truth; it is an ugly truth and we are stuck with this ugly truth.

The seamless blending of Gotabhaya mystique into Sinhala consciousness, this symbiosis of the personal with political culture, this choreography of the drama, is what brings the masses into line with an experiment in autocracy. He is the strong man who Asgiriya hailed as an Asian Hitler. The motto of the government going forward will be Gotabhaya adoration more than Sinhala-Buddhism. Hold it! What was that, what did I say? No, no, I don’t think it will be that simple because if Gotaism seeks to supplant Buddhism as the nation’s hegemonic faith much of the clergy will revolt. But you see the point is that autocracy needs an autocrat and an autocrat is built by a paraphernalia of mythologies about the Great Leader, the Helmsman, the Saviour. It is not possible to create an autocratic state without a great autocrat at the helm and that is not possible without an “overdetermining” ideological creed to prop up the Great One. Stop for a moment and consider – Tiberius was deified, Napoleon crowned, Mussolini glorified, Peron hyped and Stalin mummified!

A Gotabaya autocracy too will need the mythology of an overweening nation-wide Gota cult, but precisely this will be in tension with the “leading role of Buddhism.”. Signals of alarm at Gota glory’s overreach can already be detected in the saffron-set. Maybe instead of provoking an indomitable foe the proponents of autocracy may reduce the scope of their project and tone down their cult. For this and other reasons – this is one of the controversial hypotheses in this essay – there is a possibility that Gota and his inner coterie may think it tactically wise to retreat a little on their authoritarian mission.

On the political side an agent that may stall the project is class opposition, especially the working class in the state sector. Take the East Container Terminal slated for joint development with India. Assume for argument’s sake that it is a good joint-venture and assume also that far-reaching commitments have already been made to India. On the other side trade union hostility is implacable – the deal the unions struck with Mahinda only bought time. A second example: While in opposition and during the runup to this election the SLPP hyped the notion that the MCC was a sell-out to imperialism; the usual crap at the hustings. Now by hook or by crook GR-MR salivate for the $480 million. But the dogs they unleashed will turn around to bite. There are other examples of how a GR-MR autocratic project may come in conflict with radicals and unions. What will the state do; take the guns out of the armoury? No one can be sure. That’s why you call these scenarios “Known Unknowns”. The point is this, while a non-autocratic state can climb down, autocracy cannot without eroding its own credibility.

Everybody says “The economy will be the government’s and a would-be autocrat’s undoing” so I can be as brief semi-quaver. Using a broad-brush approach there are three crises; foreign debt servicing, fiscal deficit and third employment. I look at each in relation to what it has in store for the GR-MR outfit over the next one or two years. Dollar debt servicing over the next 12 months (not six, that’s the first course) threatens the very existence of the government, but it is also what it may be able to get around. Yes, we have to find some $4 billion before the end of the year and a like amount next year. If we default the rupee will crash, in that event the Sri Lanka foreign bond yield (effective dollar interest rate) will rocket to .20%, 30% . . . I dread. But the Rajapaksa siblings (all four) will beg, bow, plead and weep for a moratorium on repayments, new loans, enter into SWAP deals, IMF grants and throw themselves at the mercy of Father Confucius, Uncle Sam and Mother India. These gentle worthies will not let us sink; each for his own reasons does not want bedlam in this island. The conditions imposed may be tough, the belt tightened, but in the words of the hymn “We shall be Saved” before we drown in helpless hopeless default.

On the other two concerns – fiscal deficit and employment – I am not whistling so happily in this dark night. I can’t see a way out that does not provoke mass unrest and chaos on the streets. I predict that the deficit will stay for years. Expenditure will exceed revenue by10% of GDP in 2020; countries reaching 15 to 20% are called basket-cases. Lowering expenditure means reducing welfare (Samurdi etc), cutting wages, “labour market reforms” (euphemism for easy firing, reducing wages and employer friendly labour laws), and cutting spending on health, education and subsidies. Forget it, it can’t be done unless Gota’s Brigades are prepared to spray grape-shot in the streets. Raising revenue implies enhanced economic activity, steeper taxes on the rich and higher sales taxes – on all counts, dream on!

Economists are those queer chaps who sonorously, and in all seriousness, tell you that if your lovely old aunty had balls she could become your respected uncle. Their chorus right now is “Export, export, sadhu, sadhu, export”. How the devil to dramatically raise exports within a year or two in the midst of a global downturn, a turning inward to the domestic economy in the US and even Europe and when some 60% of the value of our manufactured exports are imported raw materials and machinery? Yes we must look outwards and integrate more, not less, with global partners but since the focus of this essay is short-term political prospects, I conclude with the comment that prospects are bleak. Furthermore. the deficit in the balance of payments will exceed $3 billion in 2020 and 2021 – everyone knows why; I don’t need to elaborate. So it will be hard going for any guns and thunder regime.

To dwell at similar length on the bleak employment outlook would need several more paragraphs. Autocracy and constitutional reform is a topic all of itself. This essay has been an analysis of “What Is” it has not touched on “What Is to be Done”, another huge topic. Editors like imams are frugal about column inches so I have to cut it short and stop the flow midstream despite my enlarged prostate.

 



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People’s mandate and judicial legitimacy

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BASL public forum held last Saturday

Sri Lanka is witnessing the dismantling of the culture of impunity that dominated public life for decades. This is happening through the courts, police investigations and legal process. It is not an easy task and requires strong leadership as it is generating strong resistance. The ongoing revelations about the nexus between politicians, including those at the highest levels, and criminal networks show that the government’s electoral mandate with regard to corruption and crime is now being translated into action through the legal system. The vote of the people at the last national elections was for a corruption free country and an end to the climate of impunity that had prevailed for decades. They voted for a system change that would replace impunity with accountability under the rule of law. They expected those who had looted the country and brought it to the point of bankruptcy to be held accountable through the due process of law.

The cases that are being investigated by the police, in tandem with the Attorney General’s Department, and adjudicated by the judiciary are based on hard evidence. Much of the evidence that is now receiving publicity had been available several years ago and had even entered the legal process. In the past those cases failed to reach fruition. Investigations lost momentum, prosecutions failed to marshal the available evidence and many cases were dismissed, some on technical grounds. Between 2019 and 2024, a total of 102 cases were withdrawn from the courts by the government authorities. The public knew, or strongly believed, that corruption and serious crimes had taken place. The inability to establish wrongdoing before a court of law and hold those responsible accountable created a climate in which political power appeared to provide protection from legal accountability.

A countrywide study titled Factors Guiding Voter Preference in Elections in Sri Lanka was commissioned by the National Peace Council prior to the 2024 elections under the European Union funded project Active Citizens for Elections and Democracy and conducted by researchers Dr Mahesh Senanayake and Ms Crishni Silva of the University of Colombo. It found overwhelming public support for accountability and good governance. While 93 percent of respondents identified resolving the economic crisis as their foremost electoral concern, an equally striking 83 percent said they prioritised candidates committed to fighting corruption. The mandate given to the government can, therefore, be interpreted to mean to restore integrity to public life and end the long standing culture of impunity.

Different Approach

Today, it can be seen that the police, the Commission to Investigate Allegations of Bribery or Corruption, the Attorney General’s Department and the judiciary are approaching matters of impunity in respect of corruption and crime in a manner that is markedly different from the past. Several persons who formerly occupied high office have now been subjected to due legal process and, in a number of cases, convicted after judicial scrutiny at different levels of the court system. This is an important difference from earlier years when cases involving politically prominent persons frequently failed to proceed or collapsed before reaching their conclusion. The strength of the present accountability process lies not only in the convictions that have been secured but also in the growing public confidence that no one is above the law. It is in this context that reports of a government proposal to extend by two years the retirement age of judges of the Supreme Court and the Court of Appeal have generated support from those who wish to see the present accountability process continue and opposition from those who see it as an attempt to influence the judiciary.

Many countries have increased judicial retirement ages in recognition of longer life expectancy and the value of retaining experienced judges. This has not only been limited to the judiciary but also the academia and the public service. However, the controversy in Sri Lanka is due to the context and as the proposal for an extension of the period of service of judges of the superior courts comes at a time when the courts are hearing politically significant corruption and criminal cases. The Bar Association of Sri Lanka has taken the lead in questioning the proposed constitutional amendment. The BASL has stated that it “notes with grave concern” reports that the government is considering increasing the retirement age of judges of the Supreme Court and the Court of Appeal. It has warned that extending the tenure of sitting judges at this point of time is likely to be viewed by the public as an attempt to interfere with the independence of the judiciary.

The main issue raised by the BASL is therefore one of preserving public confidence in the administration of justice. A discussion organised by the BASL also highlighted that this issue has implications beyond Sri Lanka. Representatives of the Commonwealth Lawyers Association and LAWASIA acknowledged that many countries have increased the retirement age of judges in recognition of greater life expectancy and the value of retaining experienced judges. Their concern was not with increasing the retirement age itself but with changing the tenure of sitting judges while politically significant corruption cases are before the courts. In such circumstances, even well intentioned reform could create a public perception that the judiciary is being influenced to take forward the government’s mandate in a partisan manner.

Maintain Confidence

The challenge before the government is to preserve two equally important objectives. The first is to continue implementing the people’s mandate to hold the corrupt and those responsible for grave crimes accountable before the law. The second is to ensure that nothing is done which could diminish public confidence in the independence and impartiality of the judiciary that is entrusted with carrying out that responsibility. The strength of the present accountability process lies in the confidence it has generated among the public that investigations, prosecutions and judicial decisions are being made according to law as in the convictions that have been secured. Sri Lanka has come a long way from the days when politically sensitive cases rarely reached a successful conclusion. It would be unfortunate if doubts regarding the independence of the judiciary were to overshadow what has otherwise been a significant institutional achievement.

In the face of the concerns expressed by the BASL, opposition political parties and international legal organisations, it would be prudent for the government to widen the discussion on the proposed amendment. If there is a compelling case to increase the retirement age of judges of the superior courts, that case should be placed before the public and parliament and debated openly. Such a constitutional amendment should not rest solely on the government’s parliamentary majority, even if it has the numbers to secure its passage. Simply utilising the numbers that the government on its own to make changes to the constitution will not increase its legitimacy or credibility. Those values will be strengthened if they were preceded by public consultation and supported across party lines in Parliament. Bipartisan political support can be expected from those in the opposition, of whom there are many, who have shown an inclination to practice responsible politics in the national interest.

The people voted not only to change a government but to change a system. They expected those who abused public trust to be held accountable through institutions that commanded public confidence. That expectation is beginning to be fulfilled. It should not be placed at risk by constitutional change that lacks broad public acceptance. If the government believes there is a compelling case to extend the retirement age of the judges of the superior courts, it should first make that case to the people and seek bipartisan support in Parliament with those in the opposition who are also sincere about anti-corruption and good governance. The challenge is to protect the independence of the judiciary while ensuring that no one is above the law. Overcoming this challenge is the surest way to make Sri Lanka’s transition from a culture of impunity to one of accountability a lasting one.

by Jehan Perera

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Intelligence-led governance: the strategic path to a sovereign nation

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In an increasingly volatile and interconnected world, the strength of a nation is no longer determined solely by the size of its military, the abundance of its natural resources, or the growth of its economy.

In an increasingly volatile and interconnected world, the strength of a nation is no longer determined solely by the size of its military, the abundance of its natural resources, or the growth of its economy. The true measure of national strength lies in the resilience of its institutions, the confidence of its people, the effectiveness of its governance, and its ability to anticipate and respond to emerging challenges before they become national crises.

The twenty-first century has introduced a security landscape that is far more complex than ever before. Nations today confront not only conventional military threats but also terrorism, organised crime, cyber-attacks, economic instability, disinformation, climate change, pandemics, energy insecurity, irregular migration, financial crimes, and geopolitical competition. These challenges are interconnected and demand integrated responses rather than isolated solutions.

To navigate this evolving environment successfully, every nation requires a shared strategic vision supported by strong institutions working in harmony. At the centre of this vision should be a modern, professional, and intelligence-led system of governance that enables informed decision-making, protects democratic values, and promotes sustainable national development.

A Shared Strategic Vision

Every successful nation should aspire towards a common national vision:

A Sovereign Nation Happy People Peaceful Society Prosperous Economy A Respected Global Partner

These are not independent aspirations but interconnected national outcomes. Achieving them requires every State institution to work collectively under a common strategic framework rather than as isolated entities pursuing individual objectives.

A sovereign nation is one that possesses not only secure borders but also strong institutions, economic resilience, social cohesion, and the confidence to make independent national decisions. Sovereignty today extends beyond territorial integrity to include economic security, cyber resilience, energy security, food security, environmental sustainability, and protection against external influence.

Good Governance: The Cornerstone

The foundation of every successful nation is good governance.

Transparency, accountability, integrity, professionalism, and efficient public administration create an environment where citizens trust their institutions and investors have confidence in the country’s future. Corruption, political interference, inefficiency, and weak institutions undermine national resilience and weaken sovereignty from within.

Good governance is not merely an administrative principle; it is a national security imperative.

When public institutions function efficiently, public services improve, economic opportunities expand, and social grievances diminish. This reduces vulnerabilities that extremist groups, organised criminals, and foreign actors often exploit.

The Rule of Law and Judicial Independence

An independent judiciary is one of the strongest pillars of democracy.

Justice must be administered impartially and without fear or favour. Citizens must have confidence that the law applies equally to everyone, regardless of social status or political influence.

Judicial independence strengthens public confidence, attracts foreign investment, and reinforces national stability. Investors are more likely to invest in countries where contracts are enforceable, disputes are resolved fairly, and property rights are protected.

Likewise, professional law enforcement agencies play a vital role in safeguarding public order. Intelligence-led policing, supported by modern investigative techniques, community engagement, and technological innovation, enables law enforcement to prevent crime rather than merely react to it.

Human Rights: A Strategic Asset

There is often a misconception that national security and human rights exist in opposition. In reality, they reinforce one another.

Respect for human dignity, equality before the law, freedom of expression, religious freedom, and constitutional rights strengthens national unity and social cohesion. Citizens who trust their institutions are more willing to cooperate with authorities, report suspicious activities, and participate in community safety initiatives.

Communities become the first line of defence against extremism, organised crime, and social unrest when mutual trust exists between citizens and the State.

Human rights should therefore be viewed not as obstacles to security but as essential components of sustainable national security.

Intelligence: The Strategic Nerve Centre

At the heart of modern governance lies an effective national intelligence network.

Traditionally, intelligence was associated primarily with military operations and counter-terrorism. Today, its responsibilities extend much further.

Modern intelligence supports political leadership by providing timely, accurate, objective, and actionable information that enables informed decision-making. It anticipates threats, identifies opportunities, and supports strategic planning across all sectors of government.

An effective intelligence system should be:

*  Predictive rather than reactive.

*  Preventive rather than investigative alone.

*  Integrated rather than fragmented.

*  Technology-driven rather than paper-based.

*  People-centred rather than institution-centred.

Artificial intelligence, big data analytics, cyber intelligence, financial intelligence, geospatial intelligence, satellite imagery, behavioural analysis, digital forensics, and open-source intelligence are transforming the intelligence profession worldwide.

Countries that fail to modernise their intelligence capabilities risk strategic surprise and reduced competitiveness in an increasingly data-driven world.

Intelligence Beyond National Security

Modern intelligence should no longer be confined to counter-terrorism or espionage.

Its role should extend to supporting national development through the protection of critical infrastructure, monitoring economic trends, securing supply chains, safeguarding maritime interests, protecting natural resources, and assessing climate-related risks.

Intelligence should assist policymakers in areas such as:

*  Economic planning

*  Public health preparedness

*  Disaster risk reduction

*  Cybersecurity

*  Energy security

*  Food security

*  Environmental protection

*  Artificial intelligence governance

*  Foreign policy

*  Investment protection

An intelligence-led government anticipates future challenges instead of merely responding after crises emerge.

Whole-of-Government Cooperation

One of the greatest weaknesses in many developing nations is institutional fragmentation.

Government agencies often collect valuable information independently but fail to share it effectively. This creates duplication, delays, and missed opportunities.

A National Intelligence Fusion Centre should integrate information from intelligence services, police, armed forces, immigration, customs, financial intelligence units, cyber security agencies, disaster management authorities, health services, and environmental agencies.

Such integration provides decision-makers with a comprehensive national picture and significantly improves crisis management and strategic planning.

Economic Prosperity Through Security

Economic development depends fundamentally upon stability.

Foreign investors seek countries where governance is predictable, corruption is controlled, contracts are enforceable, infrastructure is secure, and political stability is maintained.

An effective intelligence system quietly protects these conditions by identifying threats to investment, monitoring organised crime, preventing financial fraud, protecting critical infrastructure, and safeguarding strategic industries.

Security and economic development are therefore mutually reinforcing.

Investment creates employment.

Employment reduces poverty.

Reduced poverty strengthens social stability.

Social stability reinforces national security.

International Partnerships

No nation can successfully confront modern threats alone.

Transnational organised crime, cybercrime, narcotics trafficking, terrorism, money laundering, illegal migration, and environmental crimes operate across borders.

Regional and global intelligence cooperation has therefore become indispensable.

Information sharing, joint investigations, coordinated maritime surveillance, and collaborative cyber defence significantly enhance national capabilities while strengthening diplomatic relationships.

Strong intelligence supports effective diplomacy.

Effective diplomacy enhances trade, investment, tourism, education, and technological cooperation.

Ultimately, international confidence contributes directly to national prosperity.

The Relationship Between National Stakeholders

National success depends upon collaboration among all stakeholders.

Government provides leadership and policy direction.

The judiciary safeguards justice.

Law enforcement protects public safety.

The intelligence community provides foresight and early warning.

Civil society strengthens social cohesion.

Educational institutions develop future leaders.

The private sector generates investment and innovation.

International partners facilitate trade, cooperation, and knowledge sharing.

Citizens themselves remain the most important stakeholders.

When these institutions operate with mutual trust, shared objectives, and effective coordination, they create a resilient State capable of responding confidently to both domestic and international challenges.

The Strategic Path Forward

Every nation requires a long-term vision rather than short-term political agendas.

That vision should place national interest above partisan interests and institutional collaboration above bureaucratic competition.

The pathway is straightforward:

Good Governance Independent Judiciary Professional Law Enforcement Protection of Human Rights Effective National Intelligence Network Political Stability Investor Confidence Economic Growth Foreign Direct Investment Peaceful Society Happy People A Sovereign Nation

This strategic chain demonstrates that sovereignty is not achieved through military strength alone. It is the cumulative outcome of good governance, justice, intelligence, economic resilience, and public confidence.

The future belongs to nations that can anticipate change, adapt rapidly, and make informed strategic decisions. Intelligence must therefore evolve from being viewed solely as a security function to becoming a central pillar of national governance and development.

A modern intelligence network should serve as the strategic nervous system of the State—connecting governance with justice, justice with security, security with economic prosperity, and prosperity with international respect.

A sovereign nation is ultimately one where institutions are trusted, citizens are protected, rights are respected, opportunities are created, and decisions are guided by knowledge rather than assumption. When all stakeholders work in harmony under a shared strategic vision, the result is a nation that is secure, prosperous, peaceful, and respected on the global stage.

The challenge before every developing nation is therefore not simply to strengthen its security apparatus but to embrace Intelligence-Led Governance as a national philosophy—one that integrates good governance, rule of law, human rights, innovation, and strategic foresight into a unified framework for sustainable national development. Such a vision will not only safeguard sovereignty but also ensure that future generations inherit a nation defined by stability, prosperity, and enduring peace

By Mahil Dole, SSP (Rtd.)

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The perfect victim: How institutions respond

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Nils Christie

It has been almost two months since the judgement of Abeyasinghe v Tilakaratne and others by the Supreme Court. Since then, I have often been asked a simple question, which I, too, have asked myself. “Has anything actually changed?” My answer is both yes and no. Judgements can uphold the law, direct institutions and clarify principles. But they cannot, by themselves, change cultures.

I shall take the liberty of writing this piece because, in the weeks following the judgment, I have found myself reflecting less on the outcome of the case and more on what it reveals about our institutions. Yet institutions do not change simply because a court has spoken. They change only when they are willing to question long-held assumptions, reflect honestly on their procedures and practices, learn from their shortcomings and act decisively to foster a culture that places accountability at its centre.

The myth of the perfect victim

One such assumption is about the conduct of the Ideal or Perfect victim. The concept of the “ideal victim” was first articulated by the Norwegian criminologist Nils Christie in 1986. Interestingly, Christie was not concerned with identifying those most likely to become victims of crime. Instead, his question was who is most readily recognised and accepted by society as a “real” victim? Society is often more willing to extend sympathy and credibility to victims who fit a particular stereotype. According to Christie, the “ideal victim” is someone perceived to be weak and vulnerable, engaged in a respectable activity, in a place where they have every right to be, harmed by someone clearly viewed as “big” or “bad,” and, importantly, a stranger rather than someone they know. These characteristics continue to influence how victims are perceived today. Although we may not consciously apply such criteria, they often shape our instinctive judgments about who deserves to be believed.

In the context of sexual violence within universities, the assumptions surrounding the ideal victim quickly begin to unravel. Power relationships within universities are often complex, and professional relationships may have existed before the misconduct. The alleged perpetrator may not be a stranger but a lecturer, supervisor, colleague, or fellow student. The complainant may continue interacting with the alleged perpetrator because academic progression or employment leaves little choice. When a victim does not fit the mould of the “perfect victim,” attention shifts away from the conduct of the alleged perpetrator and towards the conduct of the complainant.

What should be kept in mind is that victims respond to trauma differently. Some report immediately; many do not. Some become emotional; others appear composed. Some resign from their workplace, while others continue to work because they have no realistic alternative or because they wish to confront the violence head on. Some preserve every piece of evidence; others delete messages simply because they cannot bear to see them again. Yet these perfectly human responses are often interpreted as reasons to doubt credibility.

Universities provide a particularly complex setting for this phenomenon. Most complainants do not initially seek justice. More often, they simply want the harassment to stop so that they can continue their education or employment in an environment where they feel safe. Sometimes victims make anonymous complaints, not because they wish to avoid accountability, but because anonymity provides the only sense of security they have. During preliminary inquiries/ fact finding processes, confidentiality can often be maintained. However, if the matter proceeds to a formal disciplinary process, complainants are usually required to reveal their identities. It is at this point that many decide not to proceed further, not because the harassment did not occur, but because the personal cost of pursuing justice becomes overwhelming.

Perhaps this should prompt us to ask a different question. Instead of asking why anonymous complaints exist or why complainants don’t come forward (sooner), should we not ask why so many complainants feel unsafe engaging with the institutional process?

The subject of scrutiny

When survivors do come forward, they frequently encounter another familiar phenomenon, victim blaming.

“Why didn’t you complain earlier?”

“Why didn’t you go to the police?”

“If you were sexually harassed, why are you still working there?”

“Why did you continue interacting with him?”

“The reason this happened is because you showed positivity towards him.”

“There is no smoke without fire.”

Although these questions appear different, they have something in common. They all examine the behaviour of the complainant. Very few begin by asking why the alleged perpetrator behaved in the way described. The familiar proverb, “There is no smoke without fire,” is often used to suggest that the complainant must have done something to invite the misconduct. Yet perhaps we have misunderstood where the fire lies. The fire is not the complainant’s behaviour. The fire is the conduct of the alleged perpetrator. The complaint is the smoke that finally becomes visible.

These responses also reveal another contradiction. If a victim complains immediately, some might question their motives. If they delay, the delay becomes the issue. If they resign, they may be described as unstable or unable to cope. If they remain in employment, their continued presence is taken as evidence that the misconduct could not have been serious or that it never had happened. If they show emotion, they risk being dismissed as irrational. If they remain composed, they may be accused of exaggerating. In truth, there is often no version of events in which a complainant can satisfy every expectation placed upon them. If our systems only work for the “perfect victim,” then they were never truly designed for victims at all.

The silence that speaks

The recent judgment also prompted me to reflect on another aspect of institutional culture, silence. Within academia, even discussing judgments concerning one’s own institution may be framed as bringing the institution into disrepute. Such framing places academics in an impossible position. Those who speak are sometimes portrayed as being disloyal or as failing to respect the institution they serve. Yet genuine respect for an institution should not require silence in the face of injustice. Universities are places that encourage academic freedom, critical inquiry, evidence-based reasoning, and intellectual debate. They should, therefore, be places where uncomfortable conversations are not avoided but embraced.

The relative silence surrounding the judgment in academia raises important questions. Does silence reflect satisfaction that justice has been served? Does it reflect concern about damaging the reputation of one’s university? Does it reflect uncertainty about whether difficult institutional conversations are welcome? Or does it reflect a real or perceived fear of professional consequences for speaking openly? These are questions that deserve thoughtful reflection.

Post judgement reflections

At the same time, my experience in the weeks following the judgment has also been one of hope. Individuals who have experienced different forms of abuse have quietly come forward to share their own stories with me. Some have sought legal advice. Others have simply wanted someone to listen. Their experiences remind me that judgments do more than resolve disputes between parties. They send messages to those who have remained silent, that seeking justice remains possible. Perhaps that is one answer to the question I posed at the beginning of this article. Has anything actually changed? For some victims, I believe the answer is yes. A judgement can restore hope and encourage those who had previously felt that their voices would never be heard.

Yet judgments alone cannot erase trauma, restore lost years, or undo the personal and professional consequences that many victims endure. Courts can interpret the law, but they cannot, by themselves, transform institutional culture. Culture changes only when institutions and university communities are willing to learn from judgments rather than merely comply with them. It changes when realities of power imbalances are recognised, when credibility is assessed through evidence rather than stereotypes, and when the question “Why did the victim not come forward sooner?” is replaced with “What conditions made it so difficult for the victim to come forward?” Ultimately, the true value of a judgement lies not only in the orders it makes, but also in the conversations it inspires and the institutional self-reflection it demands. Whether anything truly changes will not depend on the judgement itself, but on whether institutions have the courage to learn from them.

(Udari Abeyasinghe is attached to the Faculty of Dental Sciences 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

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