Features
NCP and North: Water availability
by Neville Ladduwahetty
A report in The Sunday Times of 17 October, 2021 states: “US $243 million (around Rs. 48,600 million) has been earmarked for a 27-km tunnel, considered the longest in the country under the Upper Elahera Canal Project of the Mahaweli …. Under the overall project, a 98-km network of canals and tunnels are to take water from Moragahakanda to Mahakandarawa wewa….”
The report however, does not indicate what quantities of water are to be delivered. However, the report confirms that the quantities of water to be delivered are sufficient to reach Mahakandarawa wewa which is about 6 km north-east of Mihintale. If so, it must mean that parts of the North Central Province (NCP) and Northern Province (NP) beyond the vicinity of Anuradhapura would not be receiving water from Moragahakanda.
This article attempts to analyze the data in two reports by Consultants to ascertain the capacity of the Upper Elahera Canal Project to deliver water to the NCP and NP. Since the focus of the report in the Sunday Times was on “bypassing protocol”, the answers to the above questions should be the responsibility of those who designed the network of canals and tunnels to furnish the answers. In the absence of such information, an analysis of water availability under two conditions is presented herein in a form different to the one that was presented in an article titled “Policies call for coordination in power sector” (The Island, October 12, 2021). The first was water availability when the network of canals and tunnels under construction is completed, and the second is upon the completion of the infrastructure needed to transfer water from Randenigala to the Kalu Ganga and through the latter to Moragahakanda and the Upper Elahera Canal.
TRANSFER of WATER to the NCP & NP
CONDITION ONE – WHEN CONSTRUCTION of NETWORK of CANALS and TUNNELS is COMPLETED
The Report prepared for the Ministry of Irrigation and Water Resources Management, dated December 2014 by Technical Assistance Consultants on behalf of the ADB, in Paragraph 21 (p. 343) states: “The study has shown an increase in the diversion capacity at Moragahakanda to 974 MCM annually, required for the Upper Elahera Canal (UEC) and NCP canals addition to 617 MCM to the Minneriya Yoda Ela. The supplemental diversions from Kalu Ganga (772 MCM) Bowatenna (496 MCM) reservoirs and its own watershed (344 MCM) are adequate to cater the water demands under UEC.”
According to the data cited above, the ONLY sources of water available PRIOR TO CONSTRUCTING the infrastructure needed to transfer water from Randenigala to Kalu Ganga and eventually to Moragahakanda, is from Bowatenne 496 MCM, and water in its own catchments amounting to 344 MCM: a total of 840 MCM. When the waters needed by the five ancient five tanks are deducted i.e., 617 MCM, the balance available to be diverted to the UEC is 223 MCM.
An independent study carried out by SMEC International (Pvt) Ltd for the World Bank titled “Updated Mahaweli Water Resources Development Plan”, dated November 2013 states in Appendix 5 Table 5.1, p.9 that the Downstream Release from Bowatenne is 651 MCM, the catchment inflow into Moragahakanda is 313 MCM, making a total inflow of 964 MCM. From this inflow, since 573 MCM has to be diverted to the ancient five tanks, the amount of water available for the UEC is 391 MCM.
Therefore, according to the data in the two reports, the quantity of water available to be transferred to the UEC when the network of canals and tunnels is completed is ONLY 223 MCM or 391 MCM, respectively. This water availability is in the range of the demands of Mannakkattiya-Eruwewa-Mahakandarawa (155 MCM) and Huruluwewa (126 MCM), making a total of 281 MCM according to paragraph 151 in the Report titled “Environment Impact Assessment Report” prepared for the Ministry of Irrigation and Water Resources Management” by the Mahaweli Consultancy Bureau (Pvt) Ltd. Since these three tanks are in the vicinity of Anuradhapura it could be concluded that under Condition One, it is realistically not possible to divert water beyond Anuradhapura. Furthermore, since the water available for transfer from Moragahakanda is in the range of 300 MCM, the network of canals and tunnels under construction would be under-utilized, on the basis that they were designed to carry 974 MCM or 964 MCM of water cited in the two reports.
This conclusion is subject to 496 MCM or 651 MCM quoted in the two reports being transferred to Moragahakanda from Bowatanne. This may not be the case if water from Bowatenne to Moragahakanda is curtailed in order to divert more water from Bowatenne to meet the demands of North Western Province. Thus, the network of canals and tunnels under construction would be further under-utilized.
Under the circumstances, where no infrastructure exists to bring more water to Moragahakanda, the conclusion objectively reached from the analysis of data in both reports is that the quantities of water available are NOT sufficient to meet the demands of the NCP and the NP beyond Anuradhapura.
CONDITION TWO – TRANSFER of WATER from RANDENIGALA
In order increase water availability beyond Anuradhapura, the proposal is to transfer water from Randenigala augmented by water from Hasalaka Oya and Heen Ganga along the way together with water in 128 sq. km of the Kalu Ganga catchment (say76 MCM). Since the water demands in these two small tanks are 75 and 56 MCM respectively, Randenigala would need to divert 772MCM less (76+75+56) which is 565 MCM annually. Diverting 565 MCM of water from Randenigala, which is equal to the active capacity of the reservoir would have a serious impact not only on power generation at Randenigala but also on the amount of water available for diversion to the right and left banks of the Mahaweli at Minipe. Therefore, diverting water to Moragahakanda from Randenigala should be reconsidered. Diverting water to the NCP and NP at the expense of power generation and water availability to the East of Sri Lanka is a clear instance of contradictory policies that have been actively pursued by successive governments.
MAHAWELI DEVELOPMENT MASTER PLAN
According to the Mahaweli Development Authority’s Master Plan, “In 1961 the government of Ceylon requested assistance from the special fund of the united nations to survey the Mahaweli Ganga Basin and the Dry Zone areas in the North and Central Provinces…. The plan of operation was drawn up and signed on 12 October, 1964 on behalf of the government of Ceylon, the United Nations Special fund and the food and agriculture organization of the united nations acting as executing agency. The co-operating government agency was the ministry of land, irrigation and power”.
“The project was designed to achieve the following objectives:”
“• To provide basic information on the land and water resources of the Mahaweli Ganga Basin and the Dry Zone areas of the North Central Provinces;
• To provide an overall water management plan with a view to the effective use of water for irrigation and power generation;
• To provide technical plans, preliminary design of works, cost estimates, priorities, phasing and financing needed for implementation of the plan” (Master Plan).
“The project area covers 39 percent of the whole island and 55 percent of the Dry Zone. It includes the Mahaweli Ganga basin, the basin of the Maduru Oya and rivers in the north central part of the island”.
IT IS THUS EVIDENT THAT THE OBJECTIVE of the ORIGINAL MASTER PLAN was to IRRIGATE THE DRY ZONE AREAS of the NORTH CENTRAL PROVINCE. FURTHERMORE, that the PROJECT AREA was to be MAHAWELI GANGA BASIN and the BASIN of the MADURU OYA.
IMPACT of DECISIONS
What is evident from the network of canals and tunnels under construction as part of the UEC is the assumption that someday sufficient water would be transferred from Randenigala to the NCP and beyond to the NP. Having made such an irrevocable decision, it appears that every prospect is being explored to make it work regardless of consequences to power generation, to agriculture on the left bank of the Mahaweli at Minipe and interests in the Maduru Oya Basin. The folly of transferring water from Randenigala is compounded by developing the Upper and Lower Uma Oya schemes to augment the loss of water at Randenigala and at Minipe. However, notwithstanding such augmentation, nearly 300 MCM from Randenigala would yet be needed to meet the demands on the UEC.
It is only an attitude of come what may water would be delivered beyond the NCP to the NP, that would justify the scale of over design in the construction undertaken and currently underway. This is clearly evident from the fact that although the catchment of Kalu Ganga is only 128 sq. km (76 MCM), the newly constructed reservoir with a storage capacity of 265 MCM is several times larger than its catchment.
CONCLUSION
The design of the network of canals and tunnels under construction have clearly been influenced by the comments in the Reports, e.g., “an increase in the diversion capacity at Moragahakanda to 974 MCM annually, required for the UEC and NCP canals” is available. The fact that this depends on “The supplemental diversion from Kalu Ganga of 772 MCM and 496 MCM from Bowatenne is taken for granted as an irrefutable fact, notwithstanding its inherent consequences. The approach adopted reflects an attitude that an irrevocable decision has been taken to divert Mahaweli waters, no matter the costs to power generation at Randenigala and agricultural interests on the left bank of the Mahaweli at Minipe as well as in the Maduru Oya basin.
The pertinent question that needs to be asked is: Who is accountable for such an irrevocable decision when the decision has implications that go far beyond the scope outlined in the Master Plan of the Mahaweli Authority? The project area envisaged in the Master Plan was to cover “39 percent of the whole island and 55 percent of the Dry Zone. It includes the Mahaweli Ganga basin, the basin of the Maduru Oya and rivers in the north central part of the island”. Had the scope of the UEC been limited to the recommendations in the Master Plan, the cost of the network of canals and tunnels including the Kalu Ganga Reservoir would have been considerably less. The extra cost is because what is being constructed is to transfer 974 MCM on the presumption that 565 MCM would be transferred from Randenigala.
It is a matter of urgent necessity that sanity prevails and the scope of the UEC and all issues associated with it are reviewed without delay. Furthermore, since the technical fraternity has been silent on this issue thus far, it should be their responsibility to bring matters associated with the UEC to the attention of the political establishment. It would be a shameful indictment on all concerned if corrective measures are adopted only after the farmers in the Mahaweli and Maduru Oya basins starting from Minipe raise serious objections to the transfer of water from Randenigaka to the UEC.
Neville Ladduwahetty
October 22, 2021.
Features
People’s mandate and judicial legitimacy
Sri Lanka is witnessing the dismantling of the culture of impunity that dominated public life for decades. This is happening through the courts, police investigations and legal process. It is not an easy task and requires strong leadership as it is generating strong resistance. The ongoing revelations about the nexus between politicians, including those at the highest levels, and criminal networks show that the government’s electoral mandate with regard to corruption and crime is now being translated into action through the legal system. The vote of the people at the last national elections was for a corruption free country and an end to the climate of impunity that had prevailed for decades. They voted for a system change that would replace impunity with accountability under the rule of law. They expected those who had looted the country and brought it to the point of bankruptcy to be held accountable through the due process of law.
The cases that are being investigated by the police, in tandem with the Attorney General’s Department, and adjudicated by the judiciary are based on hard evidence. Much of the evidence that is now receiving publicity had been available several years ago and had even entered the legal process. In the past those cases failed to reach fruition. Investigations lost momentum, prosecutions failed to marshal the available evidence and many cases were dismissed, some on technical grounds. Between 2019 and 2024, a total of 102 cases were withdrawn from the courts by the government authorities. The public knew, or strongly believed, that corruption and serious crimes had taken place. The inability to establish wrongdoing before a court of law and hold those responsible accountable created a climate in which political power appeared to provide protection from legal accountability.
A countrywide study titled Factors Guiding Voter Preference in Elections in Sri Lanka was commissioned by the National Peace Council prior to the 2024 elections under the European Union funded project Active Citizens for Elections and Democracy and conducted by researchers Dr Mahesh Senanayake and Ms Crishni Silva of the University of Colombo. It found overwhelming public support for accountability and good governance. While 93 percent of respondents identified resolving the economic crisis as their foremost electoral concern, an equally striking 83 percent said they prioritised candidates committed to fighting corruption. The mandate given to the government can, therefore, be interpreted to mean to restore integrity to public life and end the long standing culture of impunity.
Different Approach
Today, it can be seen that the police, the Commission to Investigate Allegations of Bribery or Corruption, the Attorney General’s Department and the judiciary are approaching matters of impunity in respect of corruption and crime in a manner that is markedly different from the past. Several persons who formerly occupied high office have now been subjected to due legal process and, in a number of cases, convicted after judicial scrutiny at different levels of the court system. This is an important difference from earlier years when cases involving politically prominent persons frequently failed to proceed or collapsed before reaching their conclusion. The strength of the present accountability process lies not only in the convictions that have been secured but also in the growing public confidence that no one is above the law. It is in this context that reports of a government proposal to extend by two years the retirement age of judges of the Supreme Court and the Court of Appeal have generated support from those who wish to see the present accountability process continue and opposition from those who see it as an attempt to influence the judiciary.
Many countries have increased judicial retirement ages in recognition of longer life expectancy and the value of retaining experienced judges. This has not only been limited to the judiciary but also the academia and the public service. However, the controversy in Sri Lanka is due to the context and as the proposal for an extension of the period of service of judges of the superior courts comes at a time when the courts are hearing politically significant corruption and criminal cases. The Bar Association of Sri Lanka has taken the lead in questioning the proposed constitutional amendment. The BASL has stated that it “notes with grave concern” reports that the government is considering increasing the retirement age of judges of the Supreme Court and the Court of Appeal. It has warned that extending the tenure of sitting judges at this point of time is likely to be viewed by the public as an attempt to interfere with the independence of the judiciary.
The main issue raised by the BASL is therefore one of preserving public confidence in the administration of justice. A discussion organised by the BASL also highlighted that this issue has implications beyond Sri Lanka. Representatives of the Commonwealth Lawyers Association and LAWASIA acknowledged that many countries have increased the retirement age of judges in recognition of greater life expectancy and the value of retaining experienced judges. Their concern was not with increasing the retirement age itself but with changing the tenure of sitting judges while politically significant corruption cases are before the courts. In such circumstances, even well intentioned reform could create a public perception that the judiciary is being influenced to take forward the government’s mandate in a partisan manner.
Maintain Confidence
The challenge before the government is to preserve two equally important objectives. The first is to continue implementing the people’s mandate to hold the corrupt and those responsible for grave crimes accountable before the law. The second is to ensure that nothing is done which could diminish public confidence in the independence and impartiality of the judiciary that is entrusted with carrying out that responsibility. The strength of the present accountability process lies in the confidence it has generated among the public that investigations, prosecutions and judicial decisions are being made according to law as in the convictions that have been secured. Sri Lanka has come a long way from the days when politically sensitive cases rarely reached a successful conclusion. It would be unfortunate if doubts regarding the independence of the judiciary were to overshadow what has otherwise been a significant institutional achievement.
In the face of the concerns expressed by the BASL, opposition political parties and international legal organisations, it would be prudent for the government to widen the discussion on the proposed amendment. If there is a compelling case to increase the retirement age of judges of the superior courts, that case should be placed before the public and parliament and debated openly. Such a constitutional amendment should not rest solely on the government’s parliamentary majority, even if it has the numbers to secure its passage. Simply utilising the numbers that the government on its own to make changes to the constitution will not increase its legitimacy or credibility. Those values will be strengthened if they were preceded by public consultation and supported across party lines in Parliament. Bipartisan political support can be expected from those in the opposition, of whom there are many, who have shown an inclination to practice responsible politics in the national interest.
The people voted not only to change a government but to change a system. They expected those who abused public trust to be held accountable through institutions that commanded public confidence. That expectation is beginning to be fulfilled. It should not be placed at risk by constitutional change that lacks broad public acceptance. If the government believes there is a compelling case to extend the retirement age of the judges of the superior courts, it should first make that case to the people and seek bipartisan support in Parliament with those in the opposition who are also sincere about anti-corruption and good governance. The challenge is to protect the independence of the judiciary while ensuring that no one is above the law. Overcoming this challenge is the surest way to make Sri Lanka’s transition from a culture of impunity to one of accountability a lasting one.
by Jehan Perera
Features
Intelligence-led governance: the strategic path to a sovereign nation
In an increasingly volatile and interconnected world, the strength of a nation is no longer determined solely by the size of its military, the abundance of its natural resources, or the growth of its economy. The true measure of national strength lies in the resilience of its institutions, the confidence of its people, the effectiveness of its governance, and its ability to anticipate and respond to emerging challenges before they become national crises.
The twenty-first century has introduced a security landscape that is far more complex than ever before. Nations today confront not only conventional military threats but also terrorism, organised crime, cyber-attacks, economic instability, disinformation, climate change, pandemics, energy insecurity, irregular migration, financial crimes, and geopolitical competition. These challenges are interconnected and demand integrated responses rather than isolated solutions.
To navigate this evolving environment successfully, every nation requires a shared strategic vision supported by strong institutions working in harmony. At the centre of this vision should be a modern, professional, and intelligence-led system of governance that enables informed decision-making, protects democratic values, and promotes sustainable national development.
A Shared Strategic Vision
Every successful nation should aspire towards a common national vision:
A Sovereign Nation Happy People Peaceful Society Prosperous Economy A Respected Global Partner
These are not independent aspirations but interconnected national outcomes. Achieving them requires every State institution to work collectively under a common strategic framework rather than as isolated entities pursuing individual objectives.
A sovereign nation is one that possesses not only secure borders but also strong institutions, economic resilience, social cohesion, and the confidence to make independent national decisions. Sovereignty today extends beyond territorial integrity to include economic security, cyber resilience, energy security, food security, environmental sustainability, and protection against external influence.
Good Governance: The Cornerstone
The foundation of every successful nation is good governance.
Transparency, accountability, integrity, professionalism, and efficient public administration create an environment where citizens trust their institutions and investors have confidence in the country’s future. Corruption, political interference, inefficiency, and weak institutions undermine national resilience and weaken sovereignty from within.
Good governance is not merely an administrative principle; it is a national security imperative.
When public institutions function efficiently, public services improve, economic opportunities expand, and social grievances diminish. This reduces vulnerabilities that extremist groups, organised criminals, and foreign actors often exploit.
The Rule of Law and Judicial Independence
An independent judiciary is one of the strongest pillars of democracy.
Justice must be administered impartially and without fear or favour. Citizens must have confidence that the law applies equally to everyone, regardless of social status or political influence.
Judicial independence strengthens public confidence, attracts foreign investment, and reinforces national stability. Investors are more likely to invest in countries where contracts are enforceable, disputes are resolved fairly, and property rights are protected.
Likewise, professional law enforcement agencies play a vital role in safeguarding public order. Intelligence-led policing, supported by modern investigative techniques, community engagement, and technological innovation, enables law enforcement to prevent crime rather than merely react to it.
Human Rights: A Strategic Asset
There is often a misconception that national security and human rights exist in opposition. In reality, they reinforce one another.
Respect for human dignity, equality before the law, freedom of expression, religious freedom, and constitutional rights strengthens national unity and social cohesion. Citizens who trust their institutions are more willing to cooperate with authorities, report suspicious activities, and participate in community safety initiatives.
Communities become the first line of defence against extremism, organised crime, and social unrest when mutual trust exists between citizens and the State.
Human rights should therefore be viewed not as obstacles to security but as essential components of sustainable national security.
Intelligence: The Strategic Nerve Centre
At the heart of modern governance lies an effective national intelligence network.
Traditionally, intelligence was associated primarily with military operations and counter-terrorism. Today, its responsibilities extend much further.
Modern intelligence supports political leadership by providing timely, accurate, objective, and actionable information that enables informed decision-making. It anticipates threats, identifies opportunities, and supports strategic planning across all sectors of government.
An effective intelligence system should be:
* Predictive rather than reactive.
* Preventive rather than investigative alone.
* Integrated rather than fragmented.
* Technology-driven rather than paper-based.
* People-centred rather than institution-centred.
Artificial intelligence, big data analytics, cyber intelligence, financial intelligence, geospatial intelligence, satellite imagery, behavioural analysis, digital forensics, and open-source intelligence are transforming the intelligence profession worldwide.
Countries that fail to modernise their intelligence capabilities risk strategic surprise and reduced competitiveness in an increasingly data-driven world.
Intelligence Beyond National Security
Modern intelligence should no longer be confined to counter-terrorism or espionage.
Its role should extend to supporting national development through the protection of critical infrastructure, monitoring economic trends, securing supply chains, safeguarding maritime interests, protecting natural resources, and assessing climate-related risks.
Intelligence should assist policymakers in areas such as:
* Economic planning
* Public health preparedness
* Disaster risk reduction
* Cybersecurity
* Energy security
* Food security
* Environmental protection
* Artificial intelligence governance
* Foreign policy
* Investment protection
An intelligence-led government anticipates future challenges instead of merely responding after crises emerge.
Whole-of-Government Cooperation
One of the greatest weaknesses in many developing nations is institutional fragmentation.
Government agencies often collect valuable information independently but fail to share it effectively. This creates duplication, delays, and missed opportunities.
A National Intelligence Fusion Centre should integrate information from intelligence services, police, armed forces, immigration, customs, financial intelligence units, cyber security agencies, disaster management authorities, health services, and environmental agencies.
Such integration provides decision-makers with a comprehensive national picture and significantly improves crisis management and strategic planning.
Economic Prosperity Through Security
Economic development depends fundamentally upon stability.
Foreign investors seek countries where governance is predictable, corruption is controlled, contracts are enforceable, infrastructure is secure, and political stability is maintained.
An effective intelligence system quietly protects these conditions by identifying threats to investment, monitoring organised crime, preventing financial fraud, protecting critical infrastructure, and safeguarding strategic industries.
Security and economic development are therefore mutually reinforcing.
Investment creates employment.
Employment reduces poverty.
Reduced poverty strengthens social stability.
Social stability reinforces national security.
International Partnerships
No nation can successfully confront modern threats alone.
Transnational organised crime, cybercrime, narcotics trafficking, terrorism, money laundering, illegal migration, and environmental crimes operate across borders.
Regional and global intelligence cooperation has therefore become indispensable.
Information sharing, joint investigations, coordinated maritime surveillance, and collaborative cyber defence significantly enhance national capabilities while strengthening diplomatic relationships.
Strong intelligence supports effective diplomacy.
Effective diplomacy enhances trade, investment, tourism, education, and technological cooperation.
Ultimately, international confidence contributes directly to national prosperity.
The Relationship Between National Stakeholders
National success depends upon collaboration among all stakeholders.
Government provides leadership and policy direction.
The judiciary safeguards justice.
Law enforcement protects public safety.
The intelligence community provides foresight and early warning.
Civil society strengthens social cohesion.
Educational institutions develop future leaders.
The private sector generates investment and innovation.
International partners facilitate trade, cooperation, and knowledge sharing.
Citizens themselves remain the most important stakeholders.
When these institutions operate with mutual trust, shared objectives, and effective coordination, they create a resilient State capable of responding confidently to both domestic and international challenges.
The Strategic Path Forward
Every nation requires a long-term vision rather than short-term political agendas.
That vision should place national interest above partisan interests and institutional collaboration above bureaucratic competition.
The pathway is straightforward:
Good Governance Independent Judiciary Professional Law Enforcement Protection of Human Rights Effective National Intelligence Network Political Stability Investor Confidence Economic Growth Foreign Direct Investment Peaceful Society Happy People A Sovereign Nation
This strategic chain demonstrates that sovereignty is not achieved through military strength alone. It is the cumulative outcome of good governance, justice, intelligence, economic resilience, and public confidence.
The future belongs to nations that can anticipate change, adapt rapidly, and make informed strategic decisions. Intelligence must therefore evolve from being viewed solely as a security function to becoming a central pillar of national governance and development.
A modern intelligence network should serve as the strategic nervous system of the State—connecting governance with justice, justice with security, security with economic prosperity, and prosperity with international respect.
A sovereign nation is ultimately one where institutions are trusted, citizens are protected, rights are respected, opportunities are created, and decisions are guided by knowledge rather than assumption. When all stakeholders work in harmony under a shared strategic vision, the result is a nation that is secure, prosperous, peaceful, and respected on the global stage.
The challenge before every developing nation is therefore not simply to strengthen its security apparatus but to embrace Intelligence-Led Governance as a national philosophy—one that integrates good governance, rule of law, human rights, innovation, and strategic foresight into a unified framework for sustainable national development. Such a vision will not only safeguard sovereignty but also ensure that future generations inherit a nation defined by stability, prosperity, and enduring peace
By Mahil Dole, SSP (Rtd.)
Features
The perfect victim: How institutions respond
It has been almost two months since the judgement of Abeyasinghe v Tilakaratne and others by the Supreme Court. Since then, I have often been asked a simple question, which I, too, have asked myself. “Has anything actually changed?” My answer is both yes and no. Judgements can uphold the law, direct institutions and clarify principles. But they cannot, by themselves, change cultures.
I shall take the liberty of writing this piece because, in the weeks following the judgment, I have found myself reflecting less on the outcome of the case and more on what it reveals about our institutions. Yet institutions do not change simply because a court has spoken. They change only when they are willing to question long-held assumptions, reflect honestly on their procedures and practices, learn from their shortcomings and act decisively to foster a culture that places accountability at its centre.
The myth of the perfect victim
One such assumption is about the conduct of the Ideal or Perfect victim. The concept of the “ideal victim” was first articulated by the Norwegian criminologist Nils Christie in 1986. Interestingly, Christie was not concerned with identifying those most likely to become victims of crime. Instead, his question was who is most readily recognised and accepted by society as a “real” victim? Society is often more willing to extend sympathy and credibility to victims who fit a particular stereotype. According to Christie, the “ideal victim” is someone perceived to be weak and vulnerable, engaged in a respectable activity, in a place where they have every right to be, harmed by someone clearly viewed as “big” or “bad,” and, importantly, a stranger rather than someone they know. These characteristics continue to influence how victims are perceived today. Although we may not consciously apply such criteria, they often shape our instinctive judgments about who deserves to be believed.
In the context of sexual violence within universities, the assumptions surrounding the ideal victim quickly begin to unravel. Power relationships within universities are often complex, and professional relationships may have existed before the misconduct. The alleged perpetrator may not be a stranger but a lecturer, supervisor, colleague, or fellow student. The complainant may continue interacting with the alleged perpetrator because academic progression or employment leaves little choice. When a victim does not fit the mould of the “perfect victim,” attention shifts away from the conduct of the alleged perpetrator and towards the conduct of the complainant.
What should be kept in mind is that victims respond to trauma differently. Some report immediately; many do not. Some become emotional; others appear composed. Some resign from their workplace, while others continue to work because they have no realistic alternative or because they wish to confront the violence head on. Some preserve every piece of evidence; others delete messages simply because they cannot bear to see them again. Yet these perfectly human responses are often interpreted as reasons to doubt credibility.
Universities provide a particularly complex setting for this phenomenon. Most complainants do not initially seek justice. More often, they simply want the harassment to stop so that they can continue their education or employment in an environment where they feel safe. Sometimes victims make anonymous complaints, not because they wish to avoid accountability, but because anonymity provides the only sense of security they have. During preliminary inquiries/ fact finding processes, confidentiality can often be maintained. However, if the matter proceeds to a formal disciplinary process, complainants are usually required to reveal their identities. It is at this point that many decide not to proceed further, not because the harassment did not occur, but because the personal cost of pursuing justice becomes overwhelming.
Perhaps this should prompt us to ask a different question. Instead of asking why anonymous complaints exist or why complainants don’t come forward (sooner), should we not ask why so many complainants feel unsafe engaging with the institutional process?
The subject of scrutiny
When survivors do come forward, they frequently encounter another familiar phenomenon, victim blaming.
“Why didn’t you complain earlier?”
“Why didn’t you go to the police?”
“If you were sexually harassed, why are you still working there?”
“Why did you continue interacting with him?”
“The reason this happened is because you showed positivity towards him.”
“There is no smoke without fire.”
Although these questions appear different, they have something in common. They all examine the behaviour of the complainant. Very few begin by asking why the alleged perpetrator behaved in the way described. The familiar proverb, “There is no smoke without fire,” is often used to suggest that the complainant must have done something to invite the misconduct. Yet perhaps we have misunderstood where the fire lies. The fire is not the complainant’s behaviour. The fire is the conduct of the alleged perpetrator. The complaint is the smoke that finally becomes visible.
These responses also reveal another contradiction. If a victim complains immediately, some might question their motives. If they delay, the delay becomes the issue. If they resign, they may be described as unstable or unable to cope. If they remain in employment, their continued presence is taken as evidence that the misconduct could not have been serious or that it never had happened. If they show emotion, they risk being dismissed as irrational. If they remain composed, they may be accused of exaggerating. In truth, there is often no version of events in which a complainant can satisfy every expectation placed upon them. If our systems only work for the “perfect victim,” then they were never truly designed for victims at all.
The silence that speaks
The recent judgment also prompted me to reflect on another aspect of institutional culture, silence. Within academia, even discussing judgments concerning one’s own institution may be framed as bringing the institution into disrepute. Such framing places academics in an impossible position. Those who speak are sometimes portrayed as being disloyal or as failing to respect the institution they serve. Yet genuine respect for an institution should not require silence in the face of injustice. Universities are places that encourage academic freedom, critical inquiry, evidence-based reasoning, and intellectual debate. They should, therefore, be places where uncomfortable conversations are not avoided but embraced.
The relative silence surrounding the judgment in academia raises important questions. Does silence reflect satisfaction that justice has been served? Does it reflect concern about damaging the reputation of one’s university? Does it reflect uncertainty about whether difficult institutional conversations are welcome? Or does it reflect a real or perceived fear of professional consequences for speaking openly? These are questions that deserve thoughtful reflection.
Post judgement reflections
At the same time, my experience in the weeks following the judgment has also been one of hope. Individuals who have experienced different forms of abuse have quietly come forward to share their own stories with me. Some have sought legal advice. Others have simply wanted someone to listen. Their experiences remind me that judgments do more than resolve disputes between parties. They send messages to those who have remained silent, that seeking justice remains possible. Perhaps that is one answer to the question I posed at the beginning of this article. Has anything actually changed? For some victims, I believe the answer is yes. A judgement can restore hope and encourage those who had previously felt that their voices would never be heard.
Yet judgments alone cannot erase trauma, restore lost years, or undo the personal and professional consequences that many victims endure. Courts can interpret the law, but they cannot, by themselves, transform institutional culture. Culture changes only when institutions and university communities are willing to learn from judgments rather than merely comply with them. It changes when realities of power imbalances are recognised, when credibility is assessed through evidence rather than stereotypes, and when the question “Why did the victim not come forward sooner?” is replaced with “What conditions made it so difficult for the victim to come forward?” Ultimately, the true value of a judgement lies not only in the orders it makes, but also in the conversations it inspires and the institutional self-reflection it demands. Whether anything truly changes will not depend on the judgement itself, but on whether institutions have the courage to learn from them.
(Udari Abeyasinghe is attached to the Faculty of Dental Sciences at the University of Peradeniya)
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
by Udari Abeyasinghe
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