Midweek Review
Govt. in dilemma over anti-terrorism law:
No letup in Int’l, civil society pressure
By Shamindra Ferdinando
Under any circumstances, post-war Sri Lanka cannot ignore international concerns as regards the Prevention of Terrorism (Temporary Provisions) Act (No 48 of 79).
A section of the international community wants Sri Lanka to amend the PTA without further delay. The civil society organisation, One-Text Initiative (OTI) has pointed out repealing the PTA is a necessity underscored by the European Union and the Geneva-based United Nations Human Rights Council (UNHRC) as well as by Western-funded civil rights organisations and international agencies. It would be pertinent to mention that the OTI came into being in 2003 in the wake of the Norway arranged Ceasefire Agreement (CFA). The CFA, too, made reference to the PTA. The following is the relevant section 2.12: The parties agree that search operations and arrests under the Prevention of Terrorism Act shall not take place. Arrests shall be conducted under due process of law in accordance with the Criminal Procedure Code. Therefore, the public should know the PTA had been an issue for the LTTE, too.
Following the 5th Meeting of the European Union – Sri Lanka Working Group on Good Governance, Rule of Law and Human Rights on Sept. 29, 2021, they issued a comprehensive statement.
Let me reproduce the relevant section verbatim: “Sri Lanka provided an update on the action in process to review the Prevention of Terrorism Act, and reiterated its commitment to bring it in line with international norms and standards within a time bound process. The EU and Sri Lanka agreed to take stock of the progress in this regard by the next meeting of the EU-Sri Lanka Joint Commission in early 2022. The need to uphold international norms and standards of human rights while countering terrorism and violent extremism was also underlined.”
OTI last Monday (25) arranged a discussion on the PTA and its impact with the participation of lawyer Chrishmal Warnasuriya, Dr Paikiasothy Sarawanamuttu, UK-based Amal Abeywardene and the writer. Harindra B Dassanayake moderated the two-hour discussion. All agreed with Dr. Sarawanamuttu’s call for a moratorium of the PTA until the government and those engaged in discussions on the future of the security law reached a consensus. The civil society guru also suggested until consensus could be reached on the issue at hand, the Attorney General should be authorised to facilitate bail to those held under the PTA. That proposal, too, should be seriously considered. OTI raised specific issues relating to the PTA. Why does the reforming/ repealing of PTA matter? , What is the situation now, and what is likely to happen? Are there options for Sri Lanka, and with what consequences? What hinders change? And what paths and steps are recommended? The OTI initiative should be appreciated.
Western powers are eternally interested in accountability issues and related matters here. However, there is no such enthusiasm to correct far worse continuing wrongs in places like Egypt, Israel or for that matter the continuing genocide in Yemen, thanks to Saudi Arabia and UAE or against international drug rings freely operating from capitalist citadels, like Dubai!
Since the end of the war in May 2009, the GoSL (Government of Sri Lanka) has been under tremendous pressure to either abolish the PTA or amend it in line with laws in place in other parts of the world. Do we need anti-terrorism laws? Do they serve any purpose or strengthen Sri Lanka’s response to terrorist challenge? Sri Lanka should have examined how PTA facilitated the country’s overall response to terrorism.
Unfortunately, successive governments conveniently failed to do so just to appease the West fearing a greater orchestrated outcry against the country, thereby contributed to some international efforts to discredit the Sri Lankan military as well as the law enforcement apparatus.
The country experienced two terrorist campaigns in the South in 1971 and 1987-1990 and the 30-year-old war spearheaded by the LTTE. Sri Lanka defeated all three attempts through military means. The country had no option but to deal militarily with terrorism and conventional military challenge, regardless of opposition. Some sections of the international community oppose the PTA. But no one talks about draconian anti-terror laws in place for example in the USA or the UK since 9/11 and thereafter.
They always boast about a rules-based order followed by the international community. What is this international community? It is nothing but a self-appointed handful of countries in the West that earlier plundered much of the world at their will.
Interestingly, almost all those countries demanding abolition or amendments to the PTA provide refuge to those who should have been dealt with in terms of anti-terrorism laws. Those countries swiftly accept accusations that the PTA is used widely and indiscriminately at the expense of public freedom and also against political opponents.
Focus on PTA cases
Let me briefly refer to four recent cases that had attracted international attention due to some of those involved being arrested in terms of the PTA, as well as accusations relating to Sri Lankans seeking political refuge overseas: (i) Arrest of Attorney-at-Law Hejaaz Hizbullah in April 2020 over his alleged involvement in the 2019 Easter Sunday carnage (ii) the recent Inter-Parliamentary Union (IPU) statement on the arrest and the subsequent release of All Ceylon Makkal Congress (ACMC) leader and MP representing the Samagi Jana Balavegaya (SJB) Rishad Bathiudeen. The MP was also taken into custody in terms of the PTA over the Easter Sunday attacks blamed on National Thowheed Jamaat. It would be pertinent to mention that the IPU represents altogether nearly 180 Parliaments all over the world (iii) New Zealand police killing Ahamed Adhil Mohamed Samsudeen, 31, who had secured political asylum therein in Dec 2013 on the basis of him being under threat in Sri Lanka. No less a person than New Zealand Prime Minister Jacinda Ardern has admitted how the man from Kattankudy, who knifed several persons in an Auckland shopping mall received inspiration from ISIS (iv) New Zealand granting political asylum to a Sri Lankan wanted in connection with the Easter Sunday attacks. The suspect also wanted under the PTA received New Zealand protection soon after the mayhem in the shopping mall.
Hizbullah’s arrest was also taken up by the UK-led Sri Lanka Core Group at the UNHRC as well as by HRC Michelle Bachelet. In spite of Hizbullah personally knowing two of the Easter bombers and their father, Mohammad Yusuf Ibrahim, he should be considered innocent until found guilty in a court of law.
Hizbullah knew them as he had represented the wealthy family in court and his right as a lawyer to represent anyone should never be questioned whatever the accusations directed at his clients. The UN, foreign government and the civil society, too, should have the right to represent the interests of anyone regardless of the accusations. In the absence of own legal representation or the inability to procure legal services, suspects, whatever the accusations directed at them, reserved the right to obtain legal support from the Attorney General’s Department.
Similarly, the State, in this case the Sri Lanka State shouldn’t give up its right to take security measures deemed necessary to protect the public. The government cannot forfeit its right to defend the public against acts of terrorism. However, every effort should be made to address concerns of the UN and the EU as regards the PTA.
Most importantly, the government should respond to concerns raised by the Tamil National Alliance (TNA) and all other political parties representing the Tamil speaking people as well as the civil society such as the Centre for Policy Alternatives (CPA).
The incumbent government in June this year appointed a high powered committee chaired by Defence Secretary Gen. Kamal Gunaratne to examine the PTA. The Committee has been asked to recommend whether to suitably amend the current law or introduce new counter-terrorism law.
Prez wants PTA examined
President Gotabaya Rajapaksa’s decision to examine the Counter Terrorism Act (CAT) prepared on the instruction of former Premier Ranil Wickremesinghe should be appreciated. Gen. Gunaratne’s committee received specific instructions to study the CAT. The government should be ashamed of its failure to undertake a comprehensive study on the PTA before foreign powers intervened. Having examined the CAT, the writer is quite convinced it addressed concerns of all.
Prepared by the previous government in consultations with the British, French, EU et al, the CAT can be the basis for proposed new law or facilitate required amendments to the existing PTA.
Sri Lanka should seek a guarantee as regards comprehensive cooperation from Western governments to address threats posed by terrorism. They cannot ignore such a request on the basis of their domestic laws. A lot depends on international cooperation to fight terrorism. Western powers no longer can deny their response to terrorism elsewhere, in a way, promoted terrorism on their soil. How many Sri Lankan terrorists received political asylum in those countries, particularly in the UK, Canada and Germany? Sri Lanka cannot forget the fact that Western powers at least do not share information regarding missing persons. How many thousands of those categorised as missing or disappeared Lankans live overseas under different names.
The recent assassination of ruling party British lawmaker David Amess, 69, is a case in point. The police arrested 25-year-old Ali Harbi Ali, British passport holder of Somali origin over the stabbing in a church east of London. Hope the British investigate the circumstances under which the assassin received British nationality. Having declared the MP’s killing an act of terrorism, the British should conduct a no holds barred investigation. The British media reported the suspect has been detained in terms of additional powers under anti-terrorism laws.
In June 2016, another terrorist, who believed in white power, assassinated 41-year-old Jo Cox. She was shot thrice and then stabbed 15 times. The British cannot turn a blind eye to the growing threat posed by terrorism. Perhaps, law enforcement authorities require wider powers to deal with new threats.
Incidents in New Zealand, Norway, France, Germany and other countries must influence governments to take sufficient measures to ensure public protection. The civil society as well as international organisations, such as IPU, too, should be accountable for campaigns they do. They should be mindful of their actions.
The IPU’s right to be concerned over MP Bathiudeen’s detention should be respected. There shouldn’t be any issue over IPU’s response to the Sri Lankan politician’s arrest. Let the IPU closely examine MP Bathiudeen’s case. Perhaps, the IPU should make its position public on the assassination of Sri Lankan Foreign Minister Lakshman Kadirgamar and clandestine meeting the Norwegian government had with the LTTE’s British advisor Anton Balasingham in the UK to discuss ways and means of managing the fallout.
Those who want Sri Lanka to adhere to international standards in the formulation of anti-terrorism laws should be reminded how Commonwealth heavyweight India destabilised Sri Lanka. The transformation of Sri Lanka’s ceremonial armed forces to one of the best fighting forces in the world should be studied against the backdrop of Indian intervention. Sri Lanka needed the PTA as part of the overall measures against terrorism. Can anyone honestly declare that clandestine LTTE operations in Colombo and its suburbs could have been thwarted without the PTA.? Sri Lanka had no option but to fight back. The PTA had been part of the overall defence. The PTA should be discussed taking into account high profile terrorist operations in the South that resulted in political assassinations. Perhaps, the PTA hadn’t been enough to neutralise the LTTE. They succeeded in assassinating President Ranasinghe Premadasa on May Day 1993, made an abortive bid to assassinate Chandrika Bandaranaike Kumaratunga at the final PA rally ahead of the 1999 presidential election, blew up over 50 people, including UNP presidential candidate Gamini Dissanayake in late Oct 1994, suicide attack on the then Lt. Gen. Sarath Fonseka and Defence Secretary Gotabaya Rajapaksa in April 2006 and Oct 2009, respectively. All those responsible for the above-mentioned terrorist attacks came to the South as innocent civilians until the moment they transformed themselves into human bombs.
Those who demand that the government treat terrorist suspects with respect did nothing when the LTTE blasted civilians outside the war zone while mingling with ordinary people. Interestingly, years before the ISIS influenced terrorists, the LTTE inspired Norway’s worst ever terrorist attack. The far–right Norwegian terrorist who massacred 77 people, including dozens of children, is on record as having explained how LTTE terrorism directed at Muslims inspired him.
International interventions
The EU’s strong push against Sri Lanka’s current anti-terrorism law should be examined taking into consideration its demand to do away with the death penalty.
The EU-Sri Lanka joint statement issued following the Sept. 21, 2021 meeting also dealt with the death penalty, even though the death penalty had not been carried out in the country since the mid-’70s. The relevant section is as follows: “The EU reiterated its opposition to the death penalty in all circumstances. Welcoming the continued moratorium, the EU encouraged Sri Lanka to take steps towards the formal abolition of capital punishment.”
How is it that the EU is so concerned about Sri Lanka’s dormant death penalty, but didn’t lift a finger to spare the life of Saddam Hussein or the cold blooded killing of Libyan Leader Muammar Gaddafi, both deaths instigated by the West?
The abolition of the PTA or enactment of new anti-terrorism law should be discussed with push for a new Constitution. The successful conclusion of the war over 12 years ago opened up a new front. The Geneva Human Rights Council got involved with the move to draft a new constitution here. Premier Wickremesinghe spearheaded that effort, too, the way he had handled unfinished project to introduce new anti-terrorism law. In fact, co-sponsorship of the 2015 Geneva resolution had been in line with the overall game plan that brought Maithripala Sirisena into power in January 2015. Following the August 2015 general election, Wickremesinghe enjoyed a commanding position in Parliament with which he could have had achieved major political objectives if not for the Treasury bond scams perpetrated in Feb 2015 and March 2016. That is the undeniable truth.
Having lambasted the UNP, both in and outside Parliament, for planning to do away with the PTA at the behest of Western powers, the SLPP is working with the same lot to either amend or introduce new anti-terrorism laws.
The government seems incapable of at least presenting Sri Lanka’s case before the international community properly. Sri Lanka should discuss application of anti-terrorism laws during the deployment of the IPKF (Indian Peace Keeping Force). Did the world care about what really happened in Sri Lanka’s Northern and Eastern provinces during the IPKF deployment? Having destabilised Sri Lanka, India forced the then government to ‘accept’ the IPKF in terms of the Indo-Lanka accord signed on July 29, 1987.
Those who had been detained by the IPKF on suspicion were not handed over to Sri Lanka police for investigations. Therefore, the PTA didn’t matter. The IPKF hadn’t been accountable at all in respect of operations conducted here and those who want Sri Lanka hauled up before foreign judges over alleged war crimes /accountability issues are conveniently silent on the period India had been responsible for Northern and Eastern districts.
Easter Sunday carnage
If not for the Easter Sunday carnage, the UNHRC and the EU would have definitely demanded the abrogation of the PTA. The Western funded civil society, too, would have pushed for the same. Sri Lanka would have found it extremely difficult to justify the need for continuation of anti-terrorism laws. However, the Easter Sunday massacre proved that a country cannot take security for granted. Sri Lanka’s failure to deal with specific intelligence provided by India pertaining to impending terrorist attack, too, should be dealt in terms of the PTA.
Accusations that the Sri Lanka Podujana Peramuna (SLPP) benefited at the presidential and parliamentary polls, respectively, as a result of the Easter attacks cannot be ignored. No less a person than Malcolm Cardinal Ranjith has repeatedly raised that issue against the backdrop of the incumbent government’s failure to implement recommendations of the Presidential Commission of Inquiry (PCoI) that inquired into the Easter attacks.
Interestingly, the then Premier Ranil Wickremesinghe used the Easter attacks to justify his government’s bid to replace the PTA with a new counter-terrorism law.
Midweek Review
22A: Developing constitutional quagmire
The government’s high profile project to enact the 22nd Amendment failed to secure any tangible support from anyone outside the NPP, in Parliament or outside. In a statement, the Illankai Thamil Arasu Kadchi (ITAK) noted that the proposed amendment concerned the sovereignty of the people and, therefore, required approval through a referendum. The ITAK, a key member of the six-party Political Council of Tamil-Speaking people (PCTSP) and the second largest party in the Northern and Eastern Provinces, other than the NPP, is opposed to President Dissanayake’s move. Tamil Progressive Party (TPA) leader and former Minister Mano Ganeshan, also of the PCTSP, has rejected the 22nd Amendment. The Island learns that all political parties, represented in the PCTSP, are opposed to the proposed Amendment.
The NPP obtained the most seats at the Parliamentary General Election 2024. Other parties that managed to gain seats in Parliament are the Samagi Jana Balawegaya (SJB/40 seats), Ilankai Tamil Arasu Kadchi (ITAK/8 seats), New Democratic Front (NDF/5 seats), Sri Lanka Podujana Peramuna (SLPP/3 seats), Sri Lanka Muslim Congress (SLMC/1), Sarvajana Balaya (SB/1), United National Party (UNP/1), Democratic Tamil National Alliance (DTNA/1), All Ceylon Tamil Congress (ACTC/1), All Ceylon Makkal Congress (ACMC/1), Jaffna – Independent Group 17 (IND17-1) and the Sri Lanka Labour Party (SLLP/1).
Timeline
* March 30, 2026, BASL wrote to Justice and National Integration Minister Harshana Nanayakkara seeking a meeting to discuss 22A
* May 25, 2026, BASL wrote to President Dissanayake seeking a meeting to discuss the same
* July 16, 2026, BASL wrote again to the Justice Minister underscoring the failure on his part and the President to respond to previous letters
* July 27, 2026, NPP executive committee member advocate Lal Wijenayake declared opposition to the government move
* July 29, 2026, BASL met the Justice Minister, sought a meeting with President Dissanayake
* July 31, 2026, Mahanayakes of four Chapters (Nikayas) wrote a joint letter to President Dissanayake urging him not to go ahead with the 22nd Amendment. But, the Mahanayakes refrained from releasing the letter to the media
* August 3, 2026, BASL disclosed the Mahanayakes’ letter to the President. Justice Minister Nanayakkara, accompanied by Health and Media Minister Dr. Nalinda Jayathissa, visited the Mahanayakes to explain the government stand. But, they denied receiving the crucial letter
* August 7, 2026, UN requested President Dissanayake, in no uncertain terms, to abandon the move.
* August 11, 2026, Government admitted receiving the Mahanayakes letter
* August 18, 2026, 22nd Amendment Bill presented in Parliament. Those opposed to the constitutional amendment began filing petitions. The BASL led the way. By 24 August, 21 petitions were filed.
* August 20, 2026, Catholic Bishops’ Conference urged the government not to proceed without adequate consultations.
* August 24, 2026, BASL, in a motion filed in the Supreme Court, suggested that Chief Justice Preethi Padman Surasena recuse from hearing the petitions
By Shamindra Ferdinando
In support of the ruling National People’s Power (NPP) government’s highly contentious move to enact the 22nd Amendment to the Constitution despite worldwide condemnation by eminent jurists, meant to extend the retirement ages of superior court judges, NPP leader and President Anura Kumara Dissanayake will address a series of countrywide meetings.
Dissanayake is also the leader of the Janatha Vimukthi Peramuna (JVP), the main constituent of the governing party.
Justice and National Integration Minister and Attorney-at-Law Harshana Nanayakkara, on 18 August, 2026, tabled the controversial 22nd Amendment Bill in Parliament. Nanayakkara also tabled the Judicature (Amendment) Bill on the same day. That will pave the way for the increase of the retirement ages of High Court judges to 63 years, and District Court and Magistrate Court judges to 62 years. The government wants to increase the retirement ages of Supreme Court and Court of Appeal judges to 67 and 65, respectively.
However, the government has proposed a six-year term for the Chief Justice but he/she will have to retire at the new mandatory retirement age of 67.
Health and Media Minister, as well as Cabinet spokesman Dr. Nalinda Jayathissa, recently announced the decision to launch the high profile propaganda campaign on 5 September. The NPP and JVP leader has vowed to enact the 22nd Amendment, come what may.
Dissanayake, who took over the party leadership on 2 February, 2014, at the 17th convention of the JVP, and formed the NPP in 2019, has indicated that he wouldn’t, under any circumstances, give up the 22nd Amendment. Dissanayake didn’t mince his words when he received a top level delegation of the Bar Association of Sri Lanka (BASL) at the Presidential Secretariat, on 12 August, to discuss the burning issue wracking the country. It would be pertinent to mention that the BASL raised the issue with Dissanayake, on 25 May, after Nanayakkara ignored their first request, made on 31 March.
The Supreme Court will hear over 20 petitions challenging the constitutionality of the 22nd Amendment Bill. Now that the matter is before the Supreme Court, the main opposition Samagi Jana Balawegaya (SJB) shouldn’t have sought to involve the BASL in a futile attempt to educate the NPP parliamentary group. The BASL, too, should know better. The BASL and SJB are among those who moved the Supreme Court. Against that background it would be unthinkable that the NPP parliamentary group wants to listen to BASL. Government activists, on Monday (24), organised a protest outside BASL Secretariat, NO. 153, Mihindu Mawatha, Colombo 12 demanding the resignation of BASL President Rajeev Amarasuriya.
SJB and Opposition Leader Sajith Premadasa clashed in Parliament with the leader of the House Bimal Rathnayake over his bid to bring in the BASL team to address the whole Parliament. NPP National List lawmaker Najith Indika declared on X that “the Opposition Leader couldn’t call all MPs for meetings. BASL either does not follow parliamentary procedure or knows how to manipulate public perception.”
The Supreme Court will receive petitions during two weeks, after the tabling of the Amendment. The Court should inform the Speaker of its determination within three weeks. Parliament will receive that determination ahead of President Dissanayake completing his second year in Office. The last presidential election was held on 21 September 2024.
Dissanayake won a five-year term and in November, the same year, led the party to a resounding victory at the parliamentary poll. The NPP/JVP position is that both Bills can be enacted with a 2/3 majority. With a mammoth 159 seats in Parliament, the government is confident that its political project can be easily achieved. But, the NPP operation has run into significant opposition with the United Nations, throwing its weight behind the BASL-led campaign.
Tabling of the two Bills on 18 August coincided with the 39th anniversary of the JVP grenade attack on the UNP parliamentary group, in the wake of the signing of the Indo-Lanka peace accord in 1987. Ajith Kumara, at that time a minor parliamentary employee, lobbed a hand grenade at the UNP group meeting, chaired by President J.R. Jayewardena. Prime Minister Ranasinghe Premadasa, too, was present. The then National Security Minister Lalith Athulathmudali narrowly escaped death in the attack that took place in the Committee Room 1 of Parliament. Deniyaya MP and Matara District Minister Keerthi Abeywickrema was killed. The writer covered the funeral, held on 22 August, 1987, at the playground of the Morawaka Maha Vidyalaya. Then the young Minister in charge of Youth Affairs and Employment, Ranil Wickremesinghe, was among those who represented the government at the funeral.
Kumara had been recruited as a sweeper by no less a person than the then Secretary General of Parliament, Nihal Seneviratne. Had Kumara been a member of the proscribed JVP at the time he joined the parliamentary staff or did the JVP approach him later?
The Colombo High Court acquitted Ajith Kumara on 12 October, 1990, and released him from custody on 6 August, 1993. Subsequently, the JVP accommodated Ajith Kumara on the party’s politburo and paved the way for him to contest the Sabaragamuwa Provincial Council poll on the JVP ticket. With fat hopes the JVP named him their chief ministerial candidate.
Key Opp demands
Pointing out that the matter before the Supreme Court judges related to them, the BASL requested that a bench consisting of a full court, comprising all the judges, be constituted to determine the constitutionality of the 22nd Amendment Bill. The BASL also requested the Supreme Court to determine that the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.
In the alternative, the BASL sought determination that Clause 2 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum and Clause 3 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.
Essentially, all petitioners have requested for a full court, comprising all Supreme Court judges and a referendum, if ordered, it’ll be the second instance. The first referendum was held in December 1982. The UNP that won an unbeatable 5/6 majority in a 168-member Parliament, at the 1977 parliamentary election, obtained a mandate of the people to extend the life of Parliament by six years. That utterly undemocratic, unreasonable and treacherous act contributed to the overall deterioration of the country. By the time the 1989 parliamentary poll was held, the police, backed by the armed forces, were fighting the JVP in the South, and the Indian Army, deployed in the Northern and Eastern regions, in terms of the Indo-Lanka Accord.
Former External Affairs Minister Prof. G. L. Peiris, convenor of the Joint Opposition grouping, too, moved the Supreme Court against the 22nd Amendment, and General Secretary of the SJB Ranjith Maddumabandara did the same. Altogether there were nearly two dozen petitioners
Ex-Law Professor Peiris has vigorously campaigned against the government move, and the weekly media briefing. held at former President Wickremesinghe’s Flower Road Office, has become the focal point of the Opposition campaign. Peiris insists that the Supreme Court shouldn’t hear the petitions as justices were direct beneficiaries of the proposed Amendment. Therefore, determination should be made at a referendum. In case the Supreme Court decides to hear the petitions, the full court consisting of all judges should be constituted to determine the constitutionality of the 22nd Amendment Bill, the former parliamentarian has asserted.
As repeatedly stressed by Prof. Peiris, two previous determinations by the Supreme Court that the alteration of superior court judges’ retirement ages should be subject to a referendum cannot be disregarded, under any circumstances. One of the determinations is of crucial importance as former Chief Justice Murdhu Fernando (December 2024 to July 2025) served on the three-member bench that made the far reaching announcement in 2022.
But, the BASL made an unexpected move on Monday. Close on the heels of its petition against the 22nd Amendment to the Constitution, the BASL filed a motion in the Supreme Court suggesting that Chief Justice Preethi Padman Suresena recuse from hearing petitions.
Petitioners BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva cited Attorney General as the respondent in a motion filed in terms of Article 121 read with Article 120 of the Constitution to determine whether the Bill, titled “Twenty Second Amendment to the Constitution,” or any part thereof, is required to be passed by a Referendum in terms of Article 83 of the Constitution.
The BASL pointed out that the first Judge of the Supreme Court, who would benefit if this Bill is enacted into law without the process of a referendum, is the Chief Justice, and further that if a referendum is mandated, then that there is a possibility that the Chief Justice may retire before its completion, and if for those reasons, the Chief Justice wished to recuse from hearing this matter, then the petitioners have requested the Chief Justice to constitute a bench comprising of all other judges in Supreme Court.
The maximum number of Supreme Court and Court of Appeal judges are 17, including the CJ and 20 judges ,including the President of the Court of Appeal, respectively. The NPP caused controversy by not filling vacancies among the superior court judges with the Opposition alleging there were four vacancies each. There’ll be another vacancy among the Court of Appeal judges in the first week of September.
The warning issued by the UN following a spate of other statements from various local and international bodies has brought tremendous pressure on the government. Having initially denied any knowledge of a joint letter, dated July 31, addressed to President Dissanayake by the Malwatta, Asgiriya, Amarapura and Ramanna chapters, the government, on 11 August, admitted the President received the letter.
However, the Catholic Bishops Conference publicly commented on this issue, only on 20 August, after all other concerned parties censured the government over the move. A section of the civil society that portrayed the 22nd Amendment as the panacea for a mountain of cases held up in courts had no option but to sing a different tune after the UN warned the NPP government over the pet project that seemed to have backfired. The UN’s position rattled the government and its backers.
18A and 20A
War-winning President Mahinda Rajapaksa enacted 18th Amendment to the Constitution in early September 2010. That despicable political project did away with a two-term time limit for the executive president and expanded presidential powers over independent commissions. That Bill received 161 votes, two more than the NPP parliamentary group. But, 18A didn’t do any good for President Rajapaksa or his party. Maithripala Sirisena, General Secretary of Mahinda Rajapaksa’s party, betrayed him, won the 2015 presidential election, and created an utterly undesirable political environment that, over a period of 10 years, ruined the country’s major political parties.
The emergence of the NPP as the dominant power should be examined taking into consideration the deterioration of the UNP, SLFP and the SLPP. The UNP and SLFP are no longer represented in Parliament while the SLPP that won a commanding 145 seats at the 2020 parliamentary poll was reduced to just three lawmakers in Parliament. SLPP’s National Organiser Namal Rajapaksa was so concerned about the transformation of the political environment he took refuge in the National List. Had he not taken that precaution, he wouldn’t be in Parliament today. While the SLPP deteriorated from 145 seats to just three, the NPP, whose 2020 parliamentary group consisted of just three, including one National List member (Dr. Harini Amarasuriya) ended up taking 159 seats, the best results achieved under the Proportional Representation system introduced in 1989.
Having handsomely won the 2019 presidential election, Gotabaya Rajapaksa brought in the 20th Amendment aimed at further consolidating his hold on power. Basil Rajapaksa, a dual citizen of Sri Lanka and the US, wanted to enter Parliament through the National List. The Rajapaksas removed a particular clause through the 19th Amendment to enable Basil Rajapaksa to enter Parliament. Subsequently, the SLPP accommodated Basil Rajapaksa in the Cabinet as the all-powerful Finance Minister. He succeeded Mahinda Rajapaksa in July 2021. But by then, the national economy had suffered irreparable damage and the 20th Amendment, meant to consolidate executive power, seemed irrelevant. Public protest campaign that received overt and covert US and Indian backing was launched in March 2022, leading to President Gotabaya Rajapaksa’s unceremonious ouster in July of same year due to India and Western backed violent protests.
The 18th Amendment and the 20th Amendment were enacted at the expense of particularly the 17th and 19th Amendments, respectively.
The Frontline Socialist Party (FSP) has alleged that the 22nd Amendment would enable the government to implement its neoliberal programme. The breakaway JVP group has asserted that the government’s sinister project is intended to remove whatever obstacles to its neoliberal strategy.
FSP’s Education Secretary Pubudu Jayagoda said: “A new Fisheries Act will divide the ocean into plots, lease the fish-rich areas to multinational corporations, and deprive local fishermen the opportunity to catch fish in the deep sea. The biggest obstacle to this is the fishermen. A Quality Assurance and Accreditation Commission Act is being drafted to grant state recognition and legality to degree mills. Three thousand schools are going to be closed, depriving children of the fundamental right to education. To do that, every pillar of the state must be brought under government control. A long list can be given: privatising hospital laboratory services, selling off state institutions, bringing forward new repressive laws like the PSTA (Protection of the State from Terrorism Act), and a new Cooperatives Act that snatches away people’s funds—many things like that. Taking the arbitrary power required to execute these into the hands of the executive is the true objective of this constitutional amendment.”
Midweek Review
Shakespeare’s female characters
Displaying Gender-Based Issues that Resonate with Our Times
by Dr. Siri Galhenage
Psychiatrist [Retd]
In most of William Shakespeare’s plays, the protagonists are male. He created such memorable characters as Hamlet, Othello, King Lear, Macbeth, Julius Caesar, Prospero, Coriolanus, the monarchs of history plays and many others – heroes as well as villains. This was a reflection of the societal values of the time. Women were not permitted to perform on stage, and all female roles were played by young males – a practice that continued for nearly half a century after Shakespeare’s death. This was so even though Elizabeth 1, the learned female monarch of England and Ireland and a humanist, occupied the throne during most of Shakespeare’s writing life [1580–1613], and extended her patronage to his plays.
Nevertheless, compared with his contemporaries Christopher Marlowe and Ben Jonson, Shakespeare wrote a greater number of plays featuring prominent female characters that drove the narratives, providing insights into intra-psychic, interpersonal, social and moral aspects of life.
I have selected two such female characters from Shakespeare’s plays and another from one of his narrative poems to illustrate this idea, focusing primarily on gender based violence – emotional, physical and sexual – that continues to resonate in our own times. I have also chosen another female character who challenged the gender constraints that imposed by contemporary society.
DESDEMONA in Othello –
A Victim of Morbid Jealousy

A scene from As You Like It
Jealousy, as a human experience, has many nuances of meaning, ranging from the harmless to the morbid, including delusional forms, with many variations in between. The object of concern in jealousy is the suspicion of unfaithfulness or infidelity on the part of a loved one, commonly a female partner in a marital relationship. In its morbid form, accompanied by intense passion, jealousy has the potential to be destructive and even dangerous, placing the spouse at risk. It is not an uncommon presentation in clinical practice attracting the diagnosis of ‘Othello Syndrome’ although there is disagreement among clinicians about the application of the term.
Othello, a valiant soldier of African heritage in the state of Venice, had no difficulty winning the heart of Desdemona, the attractive young daughter of a prosperous senator. He took her away in defiance of her father’s wish for her to marry into the Venetian nobility. At this point, the Turks were preparing to regain Venetian-held territory in Cyprus, and Othello, recognised for his military prowess, was selected to lead the defence of the territory.
Despite the imminent Turkish attack on Cyprus, Desdemona preferred to remain with her husband rather than stay in Venice. The attack did not eventuate, however, because a violent storm dispersed and destroyed the invading Turkish fleet. The Venetian forces rejoiced, and the occasion provided an added opportunity to celebrate the marriage of Othello and Desdemona.
Casio, a close confidant of Othello, who had been recently promoted to lieutenant, was delegated to supervise the festivities. Cassio’s promotion caused great offence to Iago, who strongly believed that he was better suited to the position. He plotted to take revenge on Othello and Cassio by planting the seed of doubt in Othello’s mind through innuendo and trickery, casting suspicion on Desdemona’s fidelity and on her relationship with good-looking Cassio. Desdemona, a woman of exuberance and humour, became the unwitting focus of Iago’s manipulation.
The dissonance that arose in Othello’s mind eventually reached a climax when he accused his wife of infidelity and became convinced that she should die. Despite Desdemona’s plea for compassion, Othello strangled her to death. On finally gaining insight into the whole saga, Othello fell on his sword beside his wife.
OPHELIA in Hamlet – A Case of Manic Defence in response
to emotional abuse
Hamlet, the Prince of Denmark, takes centre stage in the play of the same name, and his mental processes have been the focus of scrutiny by successive generations of critics.
Young Prince Hamlet is faced with a complex emotional challenge following the sudden death of his father, King Hamlet, he idolised. The late king’s brother, usurper to the throne, hastily marries the widowed queen, denying the young prince his lawful right to sovereignty. Hamlet’s grief is compounded by his outrage towards his mother and his lingering doubts about the circumstances of his father’s death. He lapses into a state of melancholy.
But the impact of Hamlet’s emotional instability and the displacement of his anger onto Ophelia, to whom the prince had professed his love, receive less attention by critics, despite the significant psychological issues raised by her predicament. The episode in which Hamlet directs his anger towards Ophelia – often referred to as the ‘nunnery scene’ – is considered one of the most vicious in all Shakespeare.
Get thee to a nunnery. Why wouldst thou be a breeder of sinners?”…. “If thou dost marry, I’ll give this plague for thy dowry, be thou as chaste as ice, as pure as snow, thou shall not escape calamity. Get thee to a nunnery; go, farewell. Or if thou wilt needs marry, marry a fool, for wise men know well enough what monsters you make of them. To a nunnery go, quickly too. Farewell
Her love for Prince Hamlet was forbidden from the outset by her father, the scheming counsellor, Polonius, and by her brother Laertes; she was obedient to them. With her dignity destroyed by the very person she loved and her father killed, albeit inadvertently by the hand of her lover, she nevertheless reacted with compassion. With her brother away in France, Ophelia is bereft of any meaningful relationships.
With no one left to confide in, her mind had no alternative but to escape reality. She lapsed into a state of mania – a state of ‘fragile happiness’ with underlying deep sorrow; an unconscious defensive operation of the mind known as ‘manic defence’, as described by Melanie Klein [1882-1960], the renowned Austrian Psychoanalyst.
In this state of mind, Ophelia presents herself before the king and queen, singing snatches of song concerning love, death and betrayal. Her behaviour is totally out of character to her formerly demure self. Here are a few excerpts from her verses illustrating what might be described as a ‘flight of ideas’.
How should I your true love know/ From another one? / By his cockle hat and staff/ And his sandal shoon…”
“He is dead and gone, lady/ He is dead and gone/ At his head a grass green turf/ At his heels a stone…
They say the owl was a baker’s daughter. Lord we know what we are, but know not what we may be. God be at your table …
Hey non nonny, nonny, hey nonny/ And in his grave rained many a tear …” “You must sing ’Adown adown’ and you call him adown-a.”
Later, Queen Gertrude, Hamlet’s mother, announced that Ophelia ‘Fell in a weeping brook while making garlands from crow-flowers, nettles, daisies and long purples’, and had made no attempt to save herself. At the graveyard two gravediggers discussed whether she deserves a Christian burial as she appeared to have taken her own life.
LUCRECE – in Shakespeare’s narrative poem The Rape
of Lucrece
Reworked from a story by the Roman historian Livy, Shakespeare’s innovative narrative poem, first published in 1594, gives access to the mind of a victim of sexual assault. Set in ancient Rome, the poem gives expression to the agony of Lucrece, the gracious wife of a nobleman, following a savage attack upon her by Sextus Tarquinius, the son of the brutal king Lucius Tarquinius of Rome.
During a joyous conversation, a group of young noblemen were commenting on the virtues of their wives when Collatinus extolled the incomparable beauty and chastity of his beloved Lucrece. Aroused by the description of her elegance, young Sextus makes a covert exit, ‘borne by the trustless wings of desire’ in pursuit of his prey –the peerless dame’, ‘weakly fortressed from a world of harm.
Lucrece warmly welcomes her royal guest, who shows no inward ill or outward harm. He praises her husband’s military prowess, ‘pawning his honour to obtain his lust. During the conversation he scans her beauty and burns with sexual desire, yet ‘is madly toss’d between desire and dread. His ambivalence finally gives way to desire. ‘Desire my pilot, beauty my prize/ ‘Then who fears sinking where such treasure lies?’ This said, he advances upon her, ‘like a falcon towering in the skies, that ‘Coutcheth the fowl with his wings’ ‘So under his insulting falcon lies/ Harmless Lucretia’ shade’, trembling with fear, ‘as fowl hear falcon’s bells’. She ‘lies at the mercy of his moral sting’ and finally succumbs ‘To the rough beast that knows no gentle right/ Nor aught obey but his foul appetite’.
Lucrece is shattered, perplexed and grief-stricken by the unexpected assault on her by her honoured guest. ‘I alone must sit and pine/ Seasoning the earth with showers of silver brine’. She weeps, ‘O unseen shame, invisible disgrace/ O unfelt sore, crest wounding private scar’. Her anguish is further expressed through the image of the violated hive. ’My honey lost, and I, a drone – like bee, have no perfection of my summer left/ But robb’d and ransack’d by injurious theft./ In thy weak hive a wand’ring wasp hath kept/ And suck’d the honey which thy chaste bee kept’.
In this state of mourning, Lucrece despatches two messengers: one to her father in Rome and the other to her husband on the battlefield. On their arrival, she reveals the circumstances of her agony and names the individual responsible. She then stabs herself to death.
Their entourage carry her body through Rome and vow to avenge the death of this ‘incomparable woman of chaste’. By public acclaim the reign of Tarquins is overthrown, and the rule of Rome handed over to the consuls.

A scene from Othello
ROSALIND in ‘As You Like It’ – Challenging the Gender Constraints
One of the few female characters to play a leading role is Rosalind in ‘As You Like It’. She remains much to the liking of many a theatre goer because of her wit, wisdom and inner strength. Rosalind transcends the constraints imposed on women during the Shakespearean era – constraints that continue to resonate in certain cultures even today.
Two young women of noble birth flee the oppressive court in disguise and seek refuge in the Forest of Arden. Rosalind disguised as a young man, Ganymede, while her devoted cousin Celia adopts the name Aliena. As they depart Celia declares, “Now go we in content/ To liberty, and not to banishment.” Orlando, the object of Rosalind’s affection, also escapes to the forest to evade the hostility of his brother. Unaware of Rosalind’s disguise, he expresses his love by hanging verses in her praise upon the trees. Although Rosalind discovers these poems, she chooses to maintain her disguise, using it as an opportunity to test Orlando’s devotion and explore the nature of love, courtship, and the differing gender expectations. The play reaches a conclusion by Rosalind dropping her disguise, and the two uniting in love.
*****
Gender-based violence is recognised globally as a pervasive violation of human rights and a significant social, cultural and public health concern. Violence against women, including emotional, physical and sexual, varies across societies in form and prevalence, and is often rooted in unequal power relations and social structures that perpetuate male dominance. Gender-based violence requires collective action through education, legal protection, economic empowerment, accessible support services and changes in attitudes and cultural practices. Power and influence should not be allowed to shield the perpetrators.
Art, including dramatic and literary art, serves to illuminate human experience. It allows us to explore emotions, ideas and moral dilemmas that may otherwise remain beyond ordinary expression. Art can entertain and inspire, but it can also challenge our assumptions, evoke empathy, and offer new ways of seeing ourselves and the world around us. In this sense, art is not merely a form of aesthetic pleasure; it is a means of understanding what it means to be human.
Desdemona, Ophelia, Lucrece and Rosalind are among Shakespeare’s more prominent female characters. The first three are innocent victims of male violence in different forms, evoking our empathy and compassion; the fourth challenges the gender assumptions and constraints of the time. Together, they illuminate gender-based issues that are both universal and timeless. In this sense, Shakespeare remains ‘our contemporary’, as Jan Kott, Polish-American literary critic, famously observed.
Midweek Review
Nature’s Distress
By Lynn Ockersz
Nature’s not on any vengeance trail….
Rather, from dense forests of the West,
Now all aflame in parts as if in rage,
To South-East Asia’s savaging floods,
And Sri Lanka’s fierce dry spells,
Where man and beast are imperiled,
Nature’s signaling she’s distressed,
Over her custodian’s ravenous lust,
Which unceremoniously gobbles-up,
Her graciously bestowed riches;
‘Take warning; slow down at least now’,
She seems to be chiding her wayward son,
‘Be gentle with me and all my treasures,
And I’ll look to your continuing wellness,
But rein-in your self-destructive fire,
Lest it consumes your willful self in full,
And all I have left in your custodial care.’
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