Midweek Review
Online consumer personal data protection laws
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by Dulara Vithana, Bhanushi Perera and Kaushalya Kariyawasam
The term, ‘online’, pertains to the Internet. The ‘consumer’ is a person who buys things or enlists services. Therefore, the ‘online consumer’ can be defined as a person who engages in activities and achieves his goals through the use of internet and social media networks. With increasing globalization, humans are becoming busier and more dependent on the Internet. As a result, the number of people who used computers and the internet has increased exponentially, especially after the outbreak of COVID-19, which upended the world and caused almost all countries to be locked down partially or completely. Educational activities from primary to university students, various work-related day-to-day activities, bank transactions, etc., have come to be conducted online, causing an unprecedented increase in the number of online consumers.
Under such circumstances people have turned to internet technology to buy goods and services. With the increasing number of online consumers, potential threats to personal data have become a matter of grave concern. This article attempts to analyze what cyber laws, rules and regulations can be made use of to safeguard personal data of online consumers and which laws and related rules and regulations have been enacted and have to be enforced for the public sector as well.
The COVID-19 pandemic has changed the behaviour of online consumers. Overall retail prices dropped during lockdowns which lasted for weeks if not months in 2020. However, with shoppers confined to their homes, an increase in internet shopping was recorded, and this has affected consumer habits to a considerable extent. According to Rakuten Intelligence, US e-commerce spending rose more than 30 percent between early March and mid-April year-over-year. Overall retail sales during May were up by 17.7 percent compared to April.
Getting used to the
new standard’
The ‘comfort factor’ has been a significant aspect of the COVID-19 epidemic, as customers have had to respond to many novel trends. Yet, they adapted well, both physically and mentally. Although the fashion market took a pounding, online sales have skyrocketed. In April, sales shifted significantly in favour of comfortable clothing. E-commerce sales for pajamas increased more than 143 percent. Nearly a third expect to make more online purchases than they did before the pandemic. According to a non-doctrinal research, even nonagenarians do their grocery shopping online, despite their age. According to Carufel R, ‘The New COVID Consumer Emerges: Two-Thirds Are Returning To Non-Essential In-Store Shopping’ (Agility PR Solutions, 2020) almost half of the respondents (49 percent) reported they don’t expect their shopping habits to change in the long term.
Shifting purchasing behaviour
The top five categories, under which consumers reported purchasing most online, prior to the outbreak, were apparel, electronics, home goods, accessories, and food and beverages. According to the National Retail Federation (NRF), headquartered in Washington, D.C, US, every category of retail has seen month-over-month gains and consumers are heading back to stores. Consumers have largely shifted their attention and spending to digital channels, marking a major opportunity for brands and retailers to attract shoppers, open to exploring new and different options. Now is the time to invest in tools that help one understand their customers, so they are better positioned to secure loyalty.
Opening up to
exploration
With these changes, the personal data of an increasing number of online consumers is or will be under threat. Personal data, as identified in the US, is any information relating to an identifiable person. In the European Union (EU), the term ‘personal data’ is significantly broader, and determines the scope of the regulatory regime. A user’s IP address is not classed as Personally Identifiable Information (PII) on its own but, is classified as a linked PII in the EU. Personal data is defined under the EU’s General Data Protection Regulation (GDPR) as “any information which is, related to an identified or identifiable natural person.” The abbreviation PII is widely accepted in the US, but the phrase has four common variants based on personal/personally, and identifiable/identifying.
The concept of PII has become prevalent as information technology and the Internet has made it easier to collect PII. PII can also be exploited by criminals to stalk or steal the identity of a person, or to aid in the planning of criminal acts. Information that might not count as PII under the US Health Insurance Portability and Accountability Act of 1996 (HIPAA) can be personal data for the purposes of the GDPR. For this reason, ‘PII’ is typically depreciated internationally. The European Parliament has enacted a series of legislation such as the GDPR.
However, personal data of consumers should be protected throughout the process by cyber laws, rules and regulations which are implemented and to be implemented in future, for protection of public data as well. This article focuses on how to protect personal data of online consumers and what laws, rules and regulations should be enacted to protect it as public data and which legislations, related to cyber laws and data protection laws in Sri Lanka, should be changed.
On the one hand, online technology has its pros such as efficient time management, mobile-friendliness and scrapping of travel time. However, cons thereof are also high. As those who use the internet and technology are aware, they have to provide their personal data such as name, date of birth, identity card number, age, phone number, email address, passwords, credit card numbers and pin numbers to gain access to some websites, and they face various risks and threats in the process. But there is no particular solution since the provision of such information is essential to perform the required functions. Hence the need for relevant laws, rules and regulations to protect online consumers’ privacy and rights.
Most prominent among the threats to online consumers’ personal data is phishing, which enters and duplicates personal data. The risk here is that personal information can be extracted and it can lead to misuse. Unsecured web browsing is another threat to online consumers and in this case as there are insecure websites that automatically releases personal data of online consumers to social media and other private/public entities. Malware is another threat to online consumers’ data.
According to Team T, ‘Experts on The GDPR #3: What Is Personal Data Under The GDPR?’ (Tresorit Blog, 2017), when focusing on data, it can be categorized as follows:
Personal data
Personal data covers any information that can be used to identify an individual. Individuals can be identified by various means as mentioned above. This type of data concerns the subject’s race, ethnicity, politics, religion, trade union status, health, sex life or criminal records. As mentioned above, this kind of personal data should be protected by means of legislations and this in turn can provide protection to online consumers. It should be protected legally so that at any time this data is stolen or misused, the law will be enforced against the offenders concerned.
Internet use in Sri Lanka within the public and private sectors has grown rapidly. E-Government project was recently launched to provide accurate and accelerated services to the public. Many government agencies have been brought online. But, as in many countries, existing legislations do not provide ample protection to the users of these services.
For example, consider the local Computer Crimes Act no. 24 of 2007, section 3 on the ‘unauthorized access’ to a computer and section 4 on the ‘unauthorized access in order to commit an offence’. Here the word ‘access’ is ill-defined, which means it does not describe a specific area and the word ‘access’ is too broad.
Also, section 3 on ‘Computer Crimes’ does not identify ‘Computer Crimes’, and makes no mention of online consumers and their personal data protection. Moreover, in the situations mentioned under section 3, the punishments in respect of the incidents referred to are not sufficient. It emphasizes that ‘any individual who deliberately does any act, in order to secure for himself or for any other person, access to
(a) any computer; or
(b) any information held in any compute
knowing or having reason to believe that he has no lawful authority to secure such access, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees, or to imprisonment of either description for a term which may extend to five years, or both such fine and imprisonment.’
In some cases, involving public and state security, except in certain personal cases, this fine is not sufficient. Because, for an example, in an issue related to state security, the loss and damages to the state is much larger than the fine. So, this law must be amended.
Moreover, the following crimes are not recognized under the Computer Crime Act No. 24 of 2007.
– Computer-Related Fraud
– Spam
– Promotion of Racism and Hate Speech
– Computer-Related Forgery
– Publication of liable and false information
– Illegal Gambling
– Identity Theft
It is thus clear that Sri Lankan law, related to computer crimes, is inadequate.
In addition, when entering their personal data, online consumers have to do so in a secure and accurate manner and by paying special attention to privacy to prevent the misuse thereof.
We are of the view that there is a pressing need to amend the following Acts and introduce new laws for the benefit of Sri Lanka online consumers.
* The Computer Crimes Act no. 24 of 2007 in Sri Lanka needs amendement.
* In the UK, Data Protection Act was introduced in 1998 to protect personal data. In Sri Lanka there’s only a Data Protection Bill. However, a bill is not a law. To enforce a law, it should be converted into legislation. Therefore, according to our view, there should be a Data Protection Act in Sri Lanka to enforce the law against people who steal personal data of online consumers.
* Although there’s a Cyber Security Bill (or Act?) in Sri Lanka, there are some errors therein. For example, the word ‘crime’ is ill-defined and has not identified ‘cyber crimes’.
* There’s no particular process to detect cyber crimes in Sri Lanka. There should be an agency to catch the thieves of online consumers’ data.
* Section 4 of the Evidence (Special Provisions) Act No. 14 of 1995 recognises electronic recordings as evidence. But in the interpretation of the Act, it does not mention online consumers or their data protection. Therefore, the interpretation of the Evidence Ordinance should be amended with regard to the online consumers’ data protection.
* The interpretation of Copyrights in Intellectual Property Act No. 36 of 2003, section 5, does not identify online consumers’ data protection. It also needs to be amended.
* Online consumers’ data protection is not included in the Consumer Affairs Authority Act No. 09 of 2003, as objectives of the authority. This is also a serious lapse that needs rectification.
Thus, it could be seen that the existing Sri Lankan law should be tightened and news ones introduced to ensure the safety of the online consumers’ data and punishment for the theft of personal data should be enhanced.
Midweek Review
Impact of US policy shift on Sri Lanka
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President Trump has unceremoniously overturned US foreign policy. His decision to deport illegal Indian migrants just ahead of a summit with Premier Narendra Modi, underscored the tough stance taken by the new US admiration. The much-touted US-India strategic partnership didn’t deter Trump from carrying out the much-publicized humiliating deportations of Indians. US Vice President J.D. Vance’s speech at the Munich Security Conference, recently, indicated that Trump has terminated his special relationship with Europe and is charting his own course. The upcoming Trump and Russian leader Putin’s meeting stressed that the US policy wouldn’t be shaped by European concerns over Russia. Against that background, the US is very much unlikely to pursue the Biden policy as regards bankrupt Sri Lanka. Actually, Sri Lanka’s political leadership will have to do some serious thinking and re-examining our position as Trump redraws US foreign policy.
By Shamindra Ferdinando
Since the successful conclusion of the war in mid-May 2009, despite all the naysayers, and even the likes of the then British Foreign Secretary David Milliband and French Foreign Minister Bernard Kouchner, rushing here at the eleventh hour with the hope of getting President Mahinda Rajapaksa to halt the offensive to enable them to evacuate the LTTE supremo, his family and their surviving fanatical terrorist band to safety abroad, the US appointed five Ambassadors to Colombo. Of them four were women, namely Patricia A. Butenis, Michele J. Sison, Alaina B. Teplitz and incumbent Julie J. Chung. Between the tenures of Sison and Teplitz, the only male Atul Keshap, of Indian origin, served here for a period of four years (Aug. 2015-July 2018) during the Yahapalana administration.
Ambassador Chung oversaw President Gotabaya Rajapaksa’s forced ouster in 2022. In spite of her denial, Amb. Chung’s role in President Rajapaksa’s removal is clear and cannot be disputed. Amb. Chung will soon be replaced by Elizabeth Kathryn Horst, currently the Principal Deputy Assistant Secretary and Deputy Assistant Secretary responsible for Pakistan, yet another country in which Washington is mired in regime change operations in the region.
Amb. Chung presented her credentials on Feb. 25, 2022, to President Rajapaksa, at the Janadhipathi Mandiraya. The President was flanked by State Foreign Minister Tharaka Balasuriya and Presidential Secretary Gamini Senarath. The new US envoy took office close on the heels of a major crisis within the government that compelled the President to ask for his Secretary Dr. P.B. Jayasundera’s resignation. Just five weeks after Amb. Chung took over the mission, the ‘GotaGoHome’ campaign got underway and a President, elected with over 6.9 mn votes on the SLPP ticket, was thrown out of office within four and half months by violent mobs armed with meticulous intelligence as to which politicians’ houses were to be ransacked and torched, along with those of their close supporters in a matter of a few hours, especially on May 09, 2022. Exactly two months later they completed their despicable mission by storming the Presidential palace.
The SLPP, both in and outside Parliament, accused Amb. Chung of staging the ouster of President Gotabaya Rajapaksa. Award-winning author Sena Thoradeniya (Galle Face Protest: System Change or Anarchy) and (Nine: The Hidden Story) by National Freedom Front (NFF) leader Wimal Weerawansa, MP, dealt with Amb. Chung’s sordid involvement.
However, the writer believes that the whole exercise should be examined as another arrogant US intrusion rather than Amb. Chung’s private agenda. Her job was to do the bidding of Washington. Let me stress that the US made a serious but an abortive attempt to bring President Mahinda Rajapaksa’s reign to an end in 2010. Thanks to Wikileaks we know how the US used a UNP-led coalition, that included the wartime LTTE ally the Tamil National Alliance (TNA), and the JVP, to back retired General Sarath Fonseka at the presidential election. That gamble failed. The war-winning Army Chief ended up with egg on his face with an unforgettable thrashing from the overwhelming southern electorate.
Eyebrows were raised when the outgoing American envoy recently expressed her desire to meet Sri Lanka Podujana Peramuna (SLPP) leaders at the Nelum Mawatha party office as she never bothered to do so since her arrival in early 2022.
Contrary to speculation, the outgoing US Ambassador had sought a meeting about two weeks ago before the unprecedented public exposure about the USAID’s (United States Agency for International Agency) sinister operations here and worldwide in the wake of the new US administration deciding to curtail drastically its operations for being a white elephant as America itself is being confronted with a fast developing and yet to be fully fathomed economic crisis, which might even exceed the worldwide Great Depression that came with the 1929 stock market crash. On her arrival at Nelum Mawatha last Friday (14) Amb. Chung was received by SLPP General Secretary and Attorney-at-Law Prasad Kariyawasam. The SLPP delegation was led by its National Organizer Namal Rajapaksa and one of the three lawmakers in the current Parliament. Having accused her of being in the thick of the regime change, the SLPP’s readiness to meet Amb. Chung, too, is a mystery.
It would be pertinent to briefly explain the USAID’s global objectives as the vast majority wrongly believed the agency is meant for humanitarian work. It is definitely not a charity. Its main objective is to strengthen capabilities of US agents, or assets, at local and regional levels regardless of the status of Washington’s relationship with the targeted country.
These agents, or assets, are available for the US at any time as Washington desired. Pentagon, the State Department or even the Central Intelligence Agency (CIA) used its resources under whatever circumstances. If we closely examine the pattern of USAID operations, as well as other related organizations that had been active here over a period of time, even our legislature is within the sphere of their influence. In other words, they obviously have direct access to politicians and officials who wield power over key institutions. The private sector, too, became part of the US operation carefully expanded countrywide.
By the time Amb. Chung arrived here. US assets were in place at different levels ready to carry out directives. Those who pointed a finger at Amb. Chung never bothered to examine the background and comprehend the gradual build-up that allowed the gathering of all elements, under the social media fuelled ‘GotaGohome’ campaign.
The US mission here had done a tremendous amount of work, especially beginning with the Amb, Keshap’s time, to enhance the capacities of their existing assets and identify and develop new assets.
What really prompted Amb. Chung to suddenly seek a meeting with the SLPP? Did National List MP Namal Rajapaksa’s call for the setting up of a Parliamentary Select Committee (PSC) to probe USAID funding, influence her decision? But that cannot be as the US Embassy made the request before the USAID controversy. Perhaps, SLPP General Secretary Kariyawasam expressed concern over Amb. Chung’s frequent visits to the JVP headquarters at Pelawatte, whereas she ignored the SLPP.
Appearing on a live television programme, Kariyawasam pointed out that Amb. Chung had plenty of time for the JVP, a party with just three MPs, while the SLPP, in spite of being represented by 145 MPs, never received the US envoy’s attention.
Perhaps Amb. Chung didn’t really feel the requirement to visit Nelum Mawatha as she maintained a close contact with the SLPP founder Basil Rajapaksa.
Ambiguity over objectives
It would be pertinent to ask both the sponsors and recipients whether various foreign-funded projects achieved their objectives.
The following are some of the USAID-funded projects launched, beginning 2017: [1] USD 19 mn social cohesion and reconciliation project implemented by Global Communities (July 2018-Dec, 2023) [2] Analysis of social cohesion and reconciliation implemented by US Institute of Peace at a cost of USD 700,000 (Aug. 2018-Feb. 2024) [3] USD 15 mn project implemented by Chemonics International Inc. to strengthen the justice sector, including the Justice Ministry and Office of Attorney General (Sept. 2021-Sept. 2026) [4] USD 17 mn project carried out by National Democratic Institute, International Republican Institute and International Foundation for Electoral System in support of Parliament and other government institutions, including the Election Commission (June 2020 – June 2024) [5] USD 14 mn worth project in support of civil society meant to achieve good governance reforms and strengthen accountability. Implemented by Management Systems International (Feb. 2018-Aug. 2024) [6] USD 7.9 mn scheme to strengthen media implemented by International Research and Exchanges Board Inc. (Aug. 2017-April 2023) [7] SAFE Foundation implemented a programme at a cost of USD 3.9 mn aimed at combating human trafficking (Oct. 2021-Sept. 2026) [8] USD 1.6 mn project to enhance protection for those threatened by gender-based violence (Oct. 2021-Sept. 2026). Implementing agency Women-in-Need [9] USD 3.6 mn project for the benefit of plantation community implemented by Institute of Social Development (June 2022-June 2027) and [10] a staggering USD 19 mn project meant to strengthen the civil society by unnamed private agencies (Sept. 2022-August 2027).
Interestingly, high profile USAID operations implemented in collaboration with successive governemnts covered the Justice sector (Justice Ministry and Office of Attorney General), Parliament as well as the Election Commission.
Over the years USAID with a massive budget that even exceeded the CIA’s and allied organizations have built up a system that served the interests of the US. That is the truth. Sri Lanka has cooperated not only with the US but other organizations, such as the UNDP, to allow them influence in Parliament. The USAID and UNDP have ‘secured’ Parliament by lavishly spending funds on various projects. In spite of spending millions in USD with the 2016 agreement between Parliament and USAID being the single largest project, what they have achieved here is nothing but a mystery.
Successive governments have encouraged USAID, UNDP and other interventions. They felt happy as external sources provided the funding. Let me give an example of how the UNDP stepped-in for want of sufficient public funding for vital government initiatives. Sometimes, they advanced their political project in the guise of helping the government of the day.
On May 13, 2021, the then Attorney General Dappula de Livera, PC, opened the USAID funded state-of-the-training facility that included a boardroom, auditorium, computer laboratory, and other facilities. The outspoken AG also launched an electronic system to track cases and legal files. The launch of the training facility, electronic diary and file management system, and the Attorney General’s Department website were also attended by Supreme Court Judge Justice Yasantha Kodagoda P.C., Acting Solicitor General Sanjay Rajaratnam P.C., the Secretary of the Ministry of Justice M.M.P.K. Mayadunne, and virtually by DCM Kelly and USAID Mission Director Reed Aeschliman.
The US Embassy, in a statement issued on that quoted AG Livera as having said: “This is another first in the 136-year history of the Attorney General’s Department. The opening of the training centre is a notable, salutary achievement that meets a long-felt need for continuous learning and professional development.” The AG was further quoted as having said these new tools would “drive the institution from strength to strength.”
If such facilities were so important why on earth the Attorney General’s Department failed to take tangible measures to meet that particular requirement.
Those who demand investigations into USAID must realize that their role is much more complicated than alleged and reported in some sections of the media. Among the beneficiaries were the Sri Lanka Judges’ Institute.
American Corner in Jaffna
The US Embassy established an American Corner in Jaffna with the collaboration of Jaffna Social Action Centre (JSAC), an NGO that particularly promoted women and children rights. Formed in 2003 in the North as the Liberation Tigers of Tamil Eelam (LTTE) was preparing to launch Eelam War IV, JSAC, over the years, developed into a recipient of US funding. JSAC is among the groups promoting LGBTQ in the Northern and Eastern Provinces. JSAC annually participates in the much-touted 16 Days of Activism Against Gender Based Violence campaign. The then US Ambassador Butenis attended the opening of the American Corner. JSAC, in its website, has revealed an impressive list of partners and donors.
Perhaps JSAC should explain how it served the interests of ordinary people, especially during the 2003-2009 period when the LTTE stepped up forcible recruitment of children, including girls. Forced conscription continued unabated as the military slowly but steadily rolled back the LTTE fighting formations, towards the east coast, until they were trapped in a sliver of land in the Mullaitivu district.
Sri Lanka should be grateful for US assistance over the past decades. The ordinary people benefited from such help but later Washington weaponized the setup as various interested parties queued up to secure lucrative contracts.
Amb, Chung, in late Sept. 2022, moved the American Centre in Colombo, that had been in existence for over seven decades, to the new US Embassy building. This was a couple of months after Aragalaya (March – July 2022) forced Gotabaya Rajapaksa out of office. The American Centre in Colombo had been first located at the Millers Building in Colombo, then at Galle Face Court, followed by Flower Road, before moving to the Sri Ramya at 44, Galle Road.
The American Corner in Kandy was established in 2004. In addition to Jaffna, Colombo and Kandy, there are similar facilities in Matara and Batticaloa.
The recent declaration by Bharatiya Janata Party MP Nishikant Dubey, in the Indian Parliament, that the USAID had been funding organisations with a view to creating unrest cannot be ignored. The BJP’s declaration underscored the gravity of the situation. Those who discarded repeated accusations by National Freedom Front (NFF) leader Wimal Weerawansa as regards US interventions here must take a fresh look at the developments taking place since Donald Trump’s return for a second term.
Dubey alleged the USAID funded organizations that carried out protests against the Agniveer initiative of the government, backed caste census, and supported Naxalism in India.
On behalf of the BJP, Dubey asked for a probe into whether Congress and the Gandhi family-controlled Rajiv Gandhi Foundation had received USAID funds through George Soros’ Open Society Foundations (OSF) for conducting activities, including the campaign for a caste census and against the Agniveer scheme introduced by the government. The MP claimed OSF received ₹5,000 crores from USAID to “break up India”. He raised the issue during zero hour.
The BJP MP’s accusations seemed somewhat surprising as India, under Narendra Modi’s leadership, established close relations with Washington and is a member of the four-country Quad, comprising the US, Australia, Japan and India meant to counter Chinese expansion.
Why subvert India? Is the question in everybody’s mind? President Trump, during a joint press conference with Premier Modi, speculated about the possibility of USAID role in the Lok Sabha elections last year. Perhaps Trump is playing politics even at the expense of the US as he sought to dismantle USAID.
The Trump administration has imposed a global stop-work directive on USAID, suspending most aid initiatives, except for critical food relief programmes.
However, India, too, had been blamed for interfering in internal affairs of other countries. Recently Canada alleged that India intervened in its electoral process. Canada named China as the other offender. India has strongly refuted the Canadian allegation. It would be pertinent to mention that Canada had been playing politics with Sri Lanka for many years as major political parties sought to exploit the post-war developments for their advantage. New Delhi also accuses Canada of encouraging Khalistan separatists operating from there.
Canadian Parliament, in May 2022, unanimously declared that Sri Lanka perpetrated genocide in a bid to appease Canadian voters of Sri Lanka origin.
The expansion of the USAID project here should be examined against the backdrop of Geneva adopting a US accountability resolution, co-sponsored by the treacherous Sirisena-Wickremesinghe government in 2015. The US backed Sirisena’s candidature at the 2015 presidential election. That was in line with their overall strategy to end the Rajapaksas rule, perceived to be China-friendly. The US funded the 2015 UNP-led campaign that involved the TNA and JVP as well. A group of civil society groups, led by the National Movement for Social Justice (NMSJ), backed Sirisena’s candidature, who switched sides at the last moment having been in the Rajapaksas camp throughout his political career and it was done after having a hopper feed with them the previous night.
Having betrayed his own party in 2014, Sirisena has ended up politically irrelevant. That is the price the one-time SLFP General Secretary had to pay for switching sides for personal gain. The former President is most unlikely to get an opportunity to re-enter Parliament ever again.
The NPP will have to be cautious how it handles the situation against the backdrop of developing political and economic upheaval in Washington as we may have never seen hitherto. The way the new administration addressed much more complicated issues, such as the Russia-Ukraine war in a manner seriously inimical to the European powers and pullout from the Geneva-based UNHRC and WHO meant that Trump has already turned US foreign policy upside down.
Midweek Review
Revisiting Humanism in Education:
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Insights from Tagore – III
by Panduka Karunanayake
Professor in the Department of Clinical Medicineand former Director, Staff Development Centre,
University of Colombo
The 34th J.E. Jayasuriya Memorial Lecture
14 February 2025
SLFI Auditorium, Colombo
(Continued from18 Feb.)
Tagore had an important answer to the question of whether the economic or the political should enjoy the primacy of place, in designing educational policy. He said: “Economic life covers the whole base of society, because its necessities are simplest and the most universal. Educational institutions, in order to obtain the fullness of truth, must have close association with this economic life.”
Sometimes I have difficulty understanding why Tagore, in spite of his appreciation of science and disdain for superstition, still lavishly exalted his traditional dieties and the scriptures. I think he did so because he saw a remarkable practical utility in them for the organisation of society and because they carried innumerable lessons for human conduct – for which science and technology, or even modern administration, had not yet furnished any suitable alternative.
Besides, it is clear that he admired religion’s potential to bring peoples together. In The Religion of Man, he wrote: “On the surface of our being we have the ever-changing phases of the individual self, but in the depth there dwells the Eternal Spirit of human unity beyond our direct knowledge.” But of course, religion seldom brought humanity together. And whenever it played the divisive role, he did not blindly follow its precepts.
The stickiest issue in India for the modern philosopher is probably its caste system, and Tagore had no qualms about repudiating it:
“…differentiation and separation of vocations and trades, professions and callings on which the caste system originally rested has become totally extinct and it is altogether impossible to maintain it any longer. Yet all the taboos, external restrictions and customs associated with the varna system are still in place, static and intact. It seems we must put up with the cage with all its iron bars and fetters though the bird for which it was made is dead and gone. We provide bird feed every day but no bird feeds on it. In this way, due to the cleavage between our social life and social customs, we are not only being inhibited and obstructed by unnecessary, outmoded arrangements, we cannot live up to our professed social ideals, either.”
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Prof. Carlo Fonseka / Dr. Abrahm T. Kovoor
I wish that for our country, we could replace the phrase ‘caste system’ with our own ‘outmoded arrangements’ – such as astrology, superstitious rituals and harmful so-called healing practices – and carefully re-read that quote. Sadly, our populace is filled with superstition, myth and pseudoscience – as a cursory glance at the supplements of any weekend Sinhala newspaper would show. Here, the high literacy rate actually works against the nation! Our public intellectuals must also take the blame, because they have failed to sustain the good work that had been done in the 1970s by intellectuals like Dr E.W. Adikaram, Abraham Kovoor and Professor Carlo Fonseka.
Another interesting point in his ideas is his desire to see education as a tool for everyone, not just the educated few. Reminding us on ancient Indian education and learning, he said:
“There was a regular traffic between specialised knowledge and ordinary knowledge. Scholars, pundits or learned society did not have an antithetical relationship with the less learned segments of society…There was hardly a place in the country where the Ramayana, the Mahabharata, the Puranic myths and religious discourse did not spread in a variety of ways. Even the theoretical philosophical issues which were rigorously, relentlessly discussed and debated in philosophy and metaphysics always filtered down to the mind of the people…In those days learning was the asset of the entire society and not the acquisition of the learned few.”
In our own country, in contrast, I wonder whether expanded access to education has had a similar effect. In spite of decades of education in swabhasha and wide access to education, knowledge is a tool of separation, seclusion and self-aggrandisement for the few who win the lottery. Is this the fault of the education or the educated? Perhaps both. The educated use their learning as a weapon rather than as a tool to serve, a manifestation of the fierce competitiveness and the fixed mindset that pervades the successful products of our education. At the same time, as Tagore pointed out, it is the fault of education too:
“The rains of our education are falling a long distance away from where the roots of our whole life lie…Our ordinary daily life has no use for the education we acquire…It is unjust to blame this on students. Their world of books and the world in which they live everyday are poles apart…That is why it is seen that the same person who has formidable erudition in European philosophy, science and ethics tenaciously clings to the age old superstitions…We are no more amazed when we see that on the one hand he is separately enjoying literature full of varied sentiments while on the other he is busy only with making money…”
These are a few fundamentals that can be gleaned from Tagore’s second phase. They aren’t many, and perhaps they aren’t as earth-shattering as one might expect. But I feel that they are exactly what we are lacking today and prevent education from playing a nation-building role. If we can get these right, we actually need to get very little else right.
Phase 3: ‘Freedom from bondage’
Tagore’s role and position as an unrepentant internationalist at the time when India was demanding swaraj is well known. He was opposed to nationalism, and in fact correctly identified colonialism itself as a manifestation of the nationalism of the British – so he asked, if one were anti-colonialist, how could one be nationalist also?
But his internationalism was not a rootless existence floating aimlessly in the air. He was clear that one must be rooted in one’s own soil, strongly and firmly – it is from here that one must reach out to the wealth of the world. In another beautiful simile, he urged us not to fear the wind, and to open the windows of our house to let that wind in. He would assure us that we would be able to retain the good that the wind blew in and get rid of the bad. He also said that as long as our house had a firm foundation, the wind will not blow it away. So for him, the first step of being an internationalist is studying one’s own soil and placing a firm foundation for one’s existence. He admired and studied tradition without being a traditionalist.
With regard to Indian universities of his day, he lamented the fact that these were European grafts and nothing like India’s ancient intellectual heritage, such as Nalanda, Wikramshila or Takshasila. He lamented the type of intellectual this would produce. He wrote in 1932:
“We receive European learning as something static and immutable and consider it the height of modernity to cull and recite sentences from it. For this reason we lack the courage to reconsider it or think about it from a new angle. Our universities have nothing to do with and are cut off from the acute questions, dire necessities and extreme hardship facing the people of the country…Like parasites our mind, attached to text books, has lost its ability to find its food and invent by itself.”
These words seem no less relevant to our own universities, 90 years after they were written.
Tagore’s belief in internationalism and its effect on his philosophy of education is captured by his description of Visva-Bharati, the higher education institute he set up in 1921 using the Nobel Prize money: “Visva-Bharati represents India where she has her wealth of mind which is for all. Visva-Bharati acknowledges India’s obligation to offer to others the hospitality of her best culture and India’s right to accept from others their best.”
Conclusion
Prof. J. E. Jayasuriya / Dr. E. W. Adhikaram
Ladies and Gentlemen: I am afraid time would not permit me to cover the whole breadth of Rabindranath Tagore’s complete educational philosophy, and I wouldn’t even pretend to cover it in depth. For example, I didn’t touch on other important aspects that Tagore spoke of, such as school administration, advice for teachers, maintaining discipline without corporeal punishment, carrying out research and promoting creativity, women and education and so on. Forgive me for only scratching the surface. But the topic of Tagore’s educational philosophy is so vast that nothing wider would be possible in a short time.
You will also note that my talk was not filled with anecdotes of incidents and peculiarities at Santiniketan – like how classes were conducted under trees or how the gurudev once conducted a class in the rain for cattle when the students didn’t want to come out and get wet. These are not the timeless substance of the tale; they are only its time-sensitive ornaments.
If, on the other hand, I have been able to whet your appetite for his educational philosophy, and also convinced you that he had patiently worked on and presciently invented an antidote to today’s problems of education, I would be content for now. Balance was his antidote. My goal this evening was to place the seeds of his ideas in your minds, and hope that they will grow, be nourished and be pruned and manicured into a contextually appropriate shape in the months or years to come.
Selected bibliography
Dasgupta, U. (2013). Rabindranath Tagore: A Biography. Oxford University Press. (Translated by hiisß ckl l=udr- mßj¾;l (2024).rúkaøkd;a ;df.da¾-udkj ksoyi iy úúO;ajh kqf.af.dv iriú m%ldYlfhdaව)
Dore, R. (1976). The Diploma Disease: Education, Qualification and Development. London: George Allen & Unwin (republished in 1977 by Institute of Education, University of London).
Gunasekara, P. (2013). moaud .=Kfialr – kkaofiak .%duSh wOHdmk l%uh^1932-1939) lkakka.r;=udf.a wu;l l< fkdyels w;ayod ne,Sula fld<U iQßh m%ldYlfhda: කන්නunasekara, S.P. (2012). iuka mqIamd .=Kfialrම(2012). rúkaøkd;a ;df.da¾ fld<U tia f.dvf.aසහiyifydaorfhda(Basedon Rabindranath Tagore: The Myriad Minded Man (1995) by Krishna Dutta and Andrew Robinson, and other works.)
Illich, I. (1970). Deschooling Society. USA: Harper & Row (republished in 1973 by Penguin Education, Harmondsworth, England).
Iyengar, K.R.S. (1987). Rabindranath Tagore: A Critical Introduction. London: Oriental University Press.
Kripalani, K. (1961). Tagore: A Life. New Delhi: National Book Trust, India (author publication, republished in 1971 by National Book Trust, India).
Maithra, S., translator (2014). Education as Freedom: Tagore’s Paradigm. New Delhi: Niyogi Books.
Navaratnam, R. (1958). New Frontiers in East-West Philosophies of Education. Calcutta: Orient Longmans.
Neogy, A.K. (2010). Santiniketan and Sriniketan: The Twin Dreams of Rabindranath Tagore. New Delhi: National Book Trust, India.
Samuel Ravi, S. (2024). Philosophical and Sociological Bases of Education (2nd edn). Delhi: PHI Learning. (Chapter 13: ‘Rabindranath Tagore’, pp. 163-179.)
Sarathchandra, E.R. de S. (1942). ‘Through Santiniketan eyes’. Kesari People’s Weekly (Jaffna) serialised from 2(9) to 2(17) and compiled by Goonetileke, H.A.I., also available translated to Sinhala ^iqpß; .ï,;a-mßj¾;l ප(2001). ශYdka;s ksfla;kfha weiska fld<U tia f.dvf.a iy ifydaorfhda).
Venn, G. (1965). Man, education and work. In, Cosin, B.R., editor: Education: Structure and Society. Harmondsworth: Penguin Books. (Chapter 6, pp. 97-107.)
Venn, G. (1971). Preparation for further preparation (editorial). Educational Leadership 1: 339-341.
Midweek Review
Posy for the Unsung
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By Lynn Ockersz
You may call it a pilgrimage,
This yearly trudge she undertakes,
A posy of dainty flowers in hand,
To a rock-pile on a secluded hill,
Reeking of the graveyard’s silence,
Which covers her son’s remains,
Whom they bound and whisked away,
With dozens of other angry young men,
To a high place where elders say,
They were made to dig their graves,
At the point of smoking Ak-47 guns,
But all that scores of mothers such as her,
Have earned for their long nights of pain,
Are yellowing number tags for the missing,
Issued within stone walls of official silence.
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