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Midweek Review

JRJ’s racism, cold war posturing and the Indian debacle

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New biography:

In addition to his political biography of J R Jayewardene, Godage & Bros published last month another book of travel by Rajiva Wijesinha. Around and About the Mediterranean covers journeys over half a century to Southern Europe, Northern Africa, and the Levant from Jordan up to Turkey. It also includes travel to the Balkans, Yugoslavia in 1972 and then the separate countries of the former Yugoslavia in the last five years.

Bringing together the Classical and the Christian and the Islamic cultures of the region makes for a fascinating read for it shows the intermingling that has made the Mediterranean so productive of ideas as well as artefacts. In addition, the book shares with readers the sheer joy of travel, the wonders seen and the pleasure of strenuous exploring followed by relaxation in scenic surroundings. There are several colour pictures as well as black and white ones to illustrate each section.

By Shamindra Ferdinando

An opportunity to peruse Prof. Rajiva Wijesinha’s critical biography of Sri Lanka’s first executive President (not elected), titled ‘J.R. JAYEWARDENE’S RACISM, COLD WAR POSTURING AND THE INDIAN DEBACLE’, couldn’t have been received at a better time.

The country is in turmoil with a wave of protests, with farmers’ now leading the way over the SLPP government agricultural policy, a simmering dispute with China regarding a ship carrying allegedly contaminated carbonic fertiliser consignment entering Sri Lankan waters, unprecedented balance of payment crisis, and a deepening disagreement with SLPP constituents over a deal with the US company New Fortress Energy, as well as foreign policy issues.

Can Sri Lanka’s current predicament be blamed on the executive presidential system, failure on the part of Parliament and the judiciary – the three pillars on which the country’s political system is based? Academic, administrator and ex-lawmaker who had represented the utterly corrupt SLFP and UNP-led political groupings (2010-2015 in Parliament), Prof. Wijesinha has launched this devastating attack on the late UNP leader JRJ but, overall, the JRJ biography seemed an extremely harsh critique on the political setup he established. But, the irony is the author himself had been part of the two major political groupings after having performed an immensely valuable role as the Secretary General of the Secretariat for Coordinating Peace Process (SCOPP) in addition to being the Secretary to the Disaster Management and Human Rights Ministry.

The writer really appreciate an opportunity to review ‘J.R. JAYEWARDENE’S RACISM, COLD WAR POSTURING AND THE INDIAN DEBACLE’ against the backdrop of The Island celebrating its 40th anniversary at a time the country is experiencing an unprecedented financial crisis. Prof. Wijesinha has basically dealt with the period The Island and its sister paper, Divaina played a critically important role.

Before delving into Prof. Wijesinha’s quite useful analysis, it would be pertinent to mention that as a UPFA National List MP, the academic, in spite of strong opposition from a section of his Liberal Party, voted for the dictatorial 18th Amendment to the Constitution that was passed on Sept. 18, 2010. The 18th Amendment that had been brought in at the expense of the 17th, introduced during Chandrika Bandaranaike Kumaratunga’s tenure as the President, literally placed the executive, the legislature and the judiciary under the President’s thumb. The judiciary cannot absolve itself of the responsibility for protecting and nurturing the Constitution if/when the executive or Parliament violated the Constitution, or both did, simultaneously. The UPFA initiated impeachment proceedings, close on the heels of the Supreme Court having deemed actions taken against then CJ Shirani Bandaranayake constitutional. Bandaranayake was accused of financial impropriety and interfering in legal cases among other allegations- all of which she denied, but her husband was involved in some banking shenanigans and he was convicted.

Wijesinghe, as an MP, however abstained from backing the impeachment motion against then C J Bandaranayake in early January 2013. A year later, Prof. switched his allegiance to a high profile yahapalana political project, spearheaded by the late Ven. Maduluwawe Sobitha Thera and Ven. Atureliye Rathana, MP (now NL MP of Ape Jana Bala Pakshaya) that facilitated the break-up of the powerful UPFA and the emergence of long standing SLFP General Secretary Maithripala Sirisena as the Opposition presidential candidate.

With Sirisena taking over as the President in January 2015, Prof. Wijesinha received appointment as State Minister of Higher Education. However, Prof. Wijesinha resigned on Feb 17, 2015 opposing the then Premier Ranil Wickremesinghe’s move to secure executive powers for himself as the Prime Minister. Prof. Wijesinha declared the move to gazette the 19th Amendment to the Constitution and transfer of executive powers to the Prime Minister was both ill-timed and a wrong decision, thus, he could no longer be a part of the yahapalana government.

Prof. Wijesinha alleged in Parliament the transfer of executive powers to the Prime Minister was extremely dangerous when one considered the way the UNP leader was conducting himself. Prof. Wijesinha certainly didn’t receive public appreciation for shifting of allegiances from various political alliances within a very short period, first to the short-lived Sirisena–Wickemesinghe combination, and then declare support for Sirisena, at the expense of Wickremesinghe, and finally ending up with those who he abandoned in 2014. Sirisena, who led the charge against the Rajapaksas, had ended up among the same group whom he accused earlier of planning to assassinate him.

Jeyaraj’s arrest in the wake of Indo-Lanka Accord

Prof. Wijesinha dealt with how the JRJ government arrested the then The Island journalist David Buell Sabapathy Jeyaraj over the reportage of the Indian Army offensive in the Jaffna peninsula. The former parliamentarian reproduced an apt section of Jeyaraj’s report that discussed the ground situation in the peninsula. Having joined The Island, in June 1987, the writer remembers the subsequent developments that paved the way for Jeyaraj to leave for the US. The versatile writer ended up in Canada. New Delhi continuously interfered with print media cov­erage of the violence in the Northern and Eastern parts where the Indian Peace Keeping Force waged a bloody campaign to tame the Liberation Tigers of Tamil Eelam (LTTE) after it turned its wrath against them.

Once the Criminal Investigation Department (CID) sleuths visited The Island editorial to question Norman Palihawadana over his coverage of atrocities committed by the Indian Army in the Eastern theatre of operations. Jeyaraj left the country in Sept 1988, two years before after India ended its disastrous military mission here. The prolific writer for the first time returned to Sri Lanka in Oct 2013 – four years after the military eradicated the LTTE completely.

The section on the Provincial Council legislation, when examined with how JRJ handled the judiciary, is thought-provoking and is evidence the legislature lacks the strength to counter overwhelming executive (dictatorial) powers, regardless of opposition by some lawmakers. The resignation of the late much respected Gamani Jayasuriya over the passage of Provincial Council legislation is a case in point.

‘J.R. JAYEWARDENE’S RACISM, COLD WAR POSTURING AND THE INDIAN DEBACLE’ published by S. Godage and Brothers should be made available in the library of the Parliament .The author should consider getting the book translated to Sinhala and Tamil, too, for the benefit of lawmakers unable to make use of the JRJ biography. The writer brought the new book to the attention of the Chief Librarian of Parliament and the pivotal importance of making it available to the lawmakers, over the last weekend.

Prof. Wijesinha discussed how JRJ brazenly amended and manipulated the Constitution, suppressed internal dissent and if the dictator had his way he would have deprived Ranasinghe Premadasa of an opportunity to contest the 1989 presidential election. At the onset of his new book, Prof. Wijesinha pointed out how JRJ brought in his first amendment to the Constitution to subvert a judgment of the courts.

Corruption becomes way of life

Prof. Wijesinha boldly discussed the impact the absolutely corrupt political system in place as a result of deterioration of parliamentary norms is having on the country. The latest JRJ autobiography has contradicted those who published hagiographies of the former President. Prof. Wijesinha compared the late JRJ with Ranil Wickemesinghe whom he described as JRJ’s spiritual heir. Having referred to their strategies in dealing with Tamil speaking people, Prof. Wijesinha repeated his long standing claim of Wickremesinghe bribing SLMC leader Rauff Hakeem in 2014 to win over his support ahead of the 2015 presidential election. Wijesinha first made the accusation in a widely watched Sirasa ‘Pathikada’ programme anchored by the late Bandula Jayasekera, one-time presidential spokesman and the writer’s colleague at The Island editorial. Prof. Wijesinha says Muslim politicians continue to cross up and down, depending on what they are offered.

Prof. Wijesinha publicly alleged years before the launch of JRJ biography how the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) sat on his complaint on the bribery accusation. The academic declared that the UNP received money to engineer a crossover of over a dozen People’s Alliance lawmakers in 2000 from businessman Nahil Wijesuriya.

Referring to the Rubber-Rice pact with China finalised in 1952 and the despicable role played by JRJ, Prof. Wiejsinha briefly examined the 99-year-old lease on the strategic Hambantota port in 2017. Prof. Wijesinha blamed the then President Sirisena, Premier Wickremesinghe and International Trade Minister Malik Samarawickrema for the Hambantota sell-out to varying degrees. The author quite rightly faulted an influential section of the media for continuously attacking the Rajapaksas for selling family silver to the Chinese whereas the UNP-led administration pushed through the deal.

The incumbent government has had no option but to accept the controversial Hambantota deal. Interestingly, the government is now under fire for giving into the US strategy to take over Sri Lanka’s energy security. The author of the JRJ biography may not agree with the writer, but the undeniable truth is all governments since the advent of UNP at the 1977 parliamentary election contributed to the deterioration of democracy and sovereignty. The 20th Amendment enacted in Oct 2020 with a 2/3 majority is a case in point. With the advent of the 20th Amendment, the much discussed abolition of the executive presidency or curbing of its powers will not be subject to discussion though some may make some statements opposed to the executive presidential system.

Perhaps Prof. Wijesinha should have discussed how Wickremesinghe received the premiership in January 2015 in the aftermath of Sirisena’s victory. JRJ’s political strategy has been exploited by interested parties to deceive the public that victory at the presidential election provided a mandate for them to take over the government. Sirisena and Wickremesinghe did exactly that. If not for the manipulation of the system, Wickremesinghe wouldn’t have received the premiership in January 2015. Prof. Wijesinha wouldn’t have to resign in Feb 2015 and Treasury bond scams would not have been perpetrated.

JRJ biography in three parts

The civil society, the diplomatic community, the media and the general public can benefit from Prof. Wijesinha’s incisive thinking. In part I, the author discussed (a) overview of JRJ’s political perspectives (b) Tamil parties (c) much amended Constitution (d) election and having ministers at his whim and fancy (e) 1982 Referendum. Basically, part 1 dealt with the building up of the colossal power base. Part 11 discussed (a) alienation of Tamils (b) riots after killing of 13 soldiers in Jaffna (c) slide towards concessions (d) Indian interventions and (e) Indian military deployment. This section was aptly titled ‘A slow but relentless decline.’

The final part titled ‘And the Fall’ dealt with (a) Indo-Lanka Accord (b) India’s war against the LTTE (c) elections and increasing violence and (d) a new President.

The writer found Chapter 5 that examined the 1982 Referendum meant to prolong the life of Parliament regardless of consequences. JRJ introduced the 4th Amendment which Prof. Wiejsinha described as the worst of the then UNP leader’s constitutional amendments that paved the way for his party to rule the country from 1977 to 1989. The JRJ strategy ruined the country. The second JVP inspired insurgency, India inspired Tamil terrorism and trade union disputes wrecked the country during this period. Prof. Wijesinha lucidly explained how the then Attorney General Siva Pasupathy, who subsequently threw his weight behind the LTTE and Chief Justice Neville Samarakoon reacted to the controversial move.

Prof. Wijesinha called Pasupathy an obsequious man who had no qualms in his ‘pernicious bidding’ and Samarakoon as JRJ’s handpicked man was truly forthright. Prof. Wijesinha coverage of the judiciary’s response to a despicable move to extend the life of Parliament provides an opportunity for those interested in contemporary history to understand how the executive, the legislature and the judiciary collectively caused irreparable damage to the democratic system.

The assassination of actor-turned politician Vijaya Kumaratunga in Feb 1988 should be examined taking into consideration Prof. Wijesinha’s comment on the UNP strategy meant to politically destroy the much loved man. Having had categorised Kumaratunga as a Naxalite, the UNP imprisoned him during the dubious 1982 Referendum campaign. Let me reproduce verbatim what Prof. Wijesinha stated on alleged Naxalite plot: “Gamini Dissanayake, who was then firmly under JR’s thumb, also got in on the act and claimed that ‘the leader of the Naxalites is Vijaya Kumaratunga’ and his assistant Chandrika. Meanwhile, The Sunday Times, which was then fully controlled by the government, with the easily intimidated Rita Sebastian as its editor, published a list of eight Naxalites, namely, in order (1) Vijaya Kumaratunga (2) Chandrika Kumaratunga (3) Ratnasiri Wickramanayake (4) Hector Kobbekaduwa (5) T.B. Illangaratne (6) K.P. Silva (General Secretary, Communist Party), (7) G.S.P. Ranaweera (Editor, Aththa) and (8) Jinadasa Niyathapala.

Prof. Wijesinha commented on the media, including the birth of the Upali Newspapers Limited (UNL) and the disappearance of its founder Upali Wijewardene in the wake of Ranasinghe Premadasa thwarting JRJ’s move to field the top entrepreneur to contest the Kalawana electorate. The UNL received Prof. Wijesinha’s appreciation for opposing the Referendum, though mildly, whereas the state-owned media and Dawasa Group threw their full weight behind JRJ’s despicable move. The government engaged in violence in support of its political project. The author discussed how JRJ unashamedly used sections of the media and selected journalists for the project that gave his party the opportunity to govern the country for a period of 13 years, sans parliamentary elections.

A bizarre strategy

Prof. Wijesinha explained how JRJ adopted bizarre political strategies. Having undated letters of resignation from his MPs is one such shameful tactic. JRJ played politics with the system to restrict the number of by elections (remember, this was before the introduction of the PR system in 1989). The section titled ‘Flexing muscles in 1983’ under Chapter 5: Referendum underscored how JRJ consolidated unbridled power at the expense of Parliament and the Judiciary. JRJ ruined institutions at will. Parliament was among them. During a recent interview on ‘Siyatha’ , one-time President Maithripala Sirisena explained how successive Presidents brought in Amendments to consolidate their power at the expense of the people. Sirisena, quite rightly claimed that he was the only President to give up power by way of introducing the 19th Amendment to the Constitution in 2015. However, the irony is Sirisena, in his capacity as the SLFP leader, allowed his parliamentary group to vote for the 20th Amendment that neutralised the 19th. Lawmaker Sirisena quite conveniently refrained from voting for the 20th Amendment having explained his predicament to President Gotabaya Rajapaksa. Having accused the Rajapaksas of planning to bury him, Sirisena, who has been named in the Easter Sunday Commission report for possible prosecution for dereliction of duty, ended up as an SLPP lawmaker.



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Midweek Review

22A: Developing constitutional quagmire

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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.”

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Midweek Review

Shakespeare’s female characters

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Ophelia in a scene from Hamlet

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.

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Midweek Review

Nature’s Distress

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on

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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