Online consumer personal data protection laws
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
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
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 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
– 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.
Broadcasting Regulatory Commission Act jolts Opposition
New laws contemplated by the government appears to have caused much concern among Opposition political parties for obvious reasons. The constitutionality of the proposed Broadcasting Authority Bill is expected to be challenged in the Supreme Court. The whole process of law making raised quite a stir in the wake of the recent shocking Supreme Court determination that one-third of the Bill titled ‘Central Bank of Sri Lanka’ is contrary to the Constitution and several dozens of amendments are required to pave the way for its passage with a simple majority. It also shows that our judges have a backbone and are not easily swayed by the incumbent all-powerful Executive President, who is only there on a ‘contract’ to complete the remainder of the previous President Gatabaya Rajapaksa’s term after he was ousted by violent protests instigated from outside.
By Shamindra Ferdinando
The Wickremesinghe-Rajapaksa government, continuing to struggle on the economic front, is keen to consolidate its position, both in and outside Parliament.
The media has emerged as the major challenge to the government due to the failure on the part of the Opposition to adopt a cohesive political strategy.
Both the government and the Opposition seem to be in disarray and unable to come to terms with the continuing political-economic and social crisis, fuelled by external forces.
The move to introduce a controversial Broadcasting Regulatory Commission Act should be examined, taking into consideration current political and economic challenges faced by the incumbent administration.
Did the Justice Ministry or the Media Ministry, at least, informally consult President Ranil Wickremesinghe, who is also the Minister of Defence, in addition to being the Finance Minister and the Commander-in-Chief of the Armed Forces, on the proposed Broadcasting Regulatory Commission Act, at least after being so thoroughly educated by the highest court in the land on the ‘Central Bank of Sri Lanka’ Bill? A section of the Opposition believes the President hadn’t been aware of this move.
However, former External Affairs Minister and SLPP rebel Prof. G. L. Peiris and Frontline Socialist Party (FSP) spokesman Pubudu Jayagoda didn’t mince their words when they alleged the whole exercise was for the benefit of President Wickremesinghe. Prof. Peiris has alleged that the President intended to rein in media in line with his overall political strategy to consolidate his power whereas Jayagoda explained how the Wickremesinghe-Rajapaksa government launched the project soon after the UNP leader’s election as the President in late July last year. Jayagoda insists that the Cabinet has cleared the Bill.
The Broadcasting Regulatory Commission and the committee tasked to investigate complaints against television and radio stations would be dominated by the President’s men to such an extent, it couldn’t be expected to discharge its responsibilities in an impartial manner. Jayagoda pointed out how two persons of the Regulatory Commission could take far reaching decisions regardless of the consequences. In case any member failed to carry out directives received from the President, he or she faced the axe.
Jaygoda questioned the absurdity in appointing the commission for a period of five years in line with the five-year presidential term. Both Prof. Peiris and Jayagoda emphasized the grave danger posed by the President exercising power over the media regardless of some sections of the media pursuing politically motivated agendas.
Against the backdrop of fierce criticism of the proposed law, Justice Minister Dr. Wijeyadasa Rajapakse, PC, on 02 June came up with the face saving reply that no final decision has been taken in this regard.
The former President of the Bar Association said that the issue at hand was still under discussion and a set of proposals, pertaining to the proposed Broadcast Authority Act, were in the public domain. The Minister insisted that the relevant bill is yet to be prepared.
The Colombo District lawmaker said so in his capacity as the Chairman of a Cabinet sub-committee tasked with preparing a regulatory mechanism in this regard. The Cabinet-sub-committee consists of Media Minister Bandula Gunawardena, Labour Minister Manusha Nanayakkara, Health Minister Keheliya Rambukwella and Ports and Shipping Minister Nimal Siripala de Silva.
The media raised the proposed Bill with Minister Rajapakse at a briefing in the Justice Ministry especially called to address issues pertaining to the Office of the Missing Persons (OMP) established in 2016 during the Yahapalana administration.
Dr. Rajapakse has assured that media organizations would be given an opportunity to make representations in this regard.
The latest controversy over the proposed Bill with a set of proposals outlining its possible content already in the public domain, should be examined against the backdrop of strong opposition to the proposed Anti-Terrorism Bill and Bill titled ‘Central Bank of Sri Lanka.’ In addition to those disputed and much discussed Bills, a major debate is likely over the proposed Budget Office. The text of the Bill meant to specify the powers, duties and functions of the Budget Office is now in the public domain. The government certainly owed an explanation as to why it cannot seek a consensus with the Opposition at the relevant consultative committee/sectoral oversight committee in this regard. The country is in such a desperate situation, it cannot under any circumstances afford further political turmoil.
Unfortunately, the government appears to be hell-bent on bulldozing its way through the legislature, regardless of whatever consequences.
The recent sacking of Janaka Ratnayake, the outspoken and highly ambitious Chairman of the Public Utilities Commission underscored the government strategy.
Ratnayake is on record as having said before a parliamentary watchdog committee that he received the influential position for serving the Rajapaksas. But, he was removed by the Rajapaksas’ SLPP at the behest of President Ranil Wickremesinghe. Altogether 123 lawmakers voted for the motion to remove Ratnayake whereas 77 opposed. Government member Ali Sabri Raheem voted against the motion to protest against the failure on the part of President Wickremesinghe and Premier Dinesh Gunawardena to intervene on his behalf after he was caught with undeclared gold and smartphones worth Rs 74 mn and Rs 4.2 mn, respectively, while coming through the VIP/VVIP channel at the BIA, where such people are normally whisked through without any checks.
Rebel SLPP lawmaker Prof. Charitha Herath mounted a no holds barred attack on the proposed Broadcasting Authority Act. At his regular briefing at Nidahasa Jathika Sabhawa (NJS) office at Nawala. The one-time Media Ministry Secretary explained how the proposed law could be utilized against television and radio stations which refused to toe the government line.
The NJS comprises 13 MPs elected and appointed on the SLPP ticket/accommodated on its National List.
Acknowledging the need and the responsibility on the part of the government to introduce the Broadcasting Authority Act, National List lawmaker Herath questioned the intention of those behind what he called a despicable move.
The country’s radio and television stations are allowed to operate in terms of the Ceylon Broadcasting Corporation Act (No 37 of 1966) and the Sri Lanka Rupavahini Corporation Act (No 06 of 1982), respectively. Herath also explained how the Telecommunications Act applied to broadcasting operations.
The MP said that no one could dispute the need to introduce a new law to regulate radio and television stations. But the proposed Bill now in the public domain revealed the government’s intention to suppress those who would dare to challenge it on whatever issue, lawmaker Herath said, warning the government of dire consequences if it pursued such a strategy.
Asked to explain, MP Herath alleged that the proposed Act dealt with radio and television stations in a manner that they were yet to be established in Sri Lanka. The architects of the new law conveniently ignored the fact that radio and television stations were in operation here for several decades and couldn’t be subjected to a new law the way it dealt with a new entrant.
“The bottom line is that the proposed Broadcasting Authority Act completely ignored Article 14 of the Constitution that guaranteed the freedom of speech and expression, including publication. If the enactment of the proposed Broadcasting Authority Act takes place as it is, that will deliver a deadly blow to democracy. We do not want a North Korea type situation here.”
Referring to the composition of the commission, MP Herath questioned the rationale in restricting the total number of members to five and the quorum three. Pointing out that of the five members of the proposed commission, two – a Secretary to a Ministry (most probably Media Ministry) and the Director General of Telecommunication Regulatory Commission were ex-officio, the lawmaker said the President would name three remaining members subject to the approval of the Constitutional Council.
Alleging that this commission would be nothing but a highly dangerous tool in the hands of those at the helm of political power, lawmaker Herath said that it could be used selectively against any media organization that took a stand contrary to that of the government in respect of any issue – ranging from national security to what the architects of this destructive piece of legislation called the national economy. The operations of the offending media could be either suspended or permanently closed down, the academic said, urging the print and electronic media to vigorously take up this issue.
MP Herath lambasted the government for seeking to prohibit the media taking up economic issues. Alleging that such provisions were political, the lawmaker said that the issue is who would interpret the term ‘national economy’ in an economically ruined country. Would it be President Wickremesinghe, in his capacity as the Finance Minister, Governor of the Central Bank Dr. Nandalal Weerasinghe, State Finance Minister Shehan Semasinghe or the International Monetary Fund, he asked
Prof. Herath expressed serious concern over the proposed committee consisting of three persons headed by the Director General, TRC, to investigate complaints directed at radio and television stations. Pointing out that there is ambiguity pertaining to the appointment of such a committee, the MP questioned how two out of the three-member committee could decide either to suspend or permanently close down operations of an ‘offending’ broadcaster.
Impact on Parliament
However, MP Herath didn’t discuss how the proposed new law could even hinder the coverage of parliamentary proceedings as well as the reportage of shocking disclosures at parliamentary watchdog committees. Depending on the stand taken by the government on a particular issue, in terms of the Broadcasting Authority Act, action can be initiated against a television station for its reportage on a matter even discussed in Parliament.
The UNP may use the new law to suppress reportage and discussion on Treasury bond scams perpetrated in 2015 and 2016 under its watch. The SLPP may find the new law useful to pressure the media over the reportage of circumstances leading to the economic ruin due to a spate of ill- advised decisions taken by President Gotabaya Rajapaksa.
The committee tasked with investigating complaints against media organizations may find even the exposure of serious lapses on the part of the bureaucracy offensive. A case in point is the shocking disclosures made in the relevant parliamentary watchdog committees how the officialdom addressed critical issues at hand. The recent revelation that taxes, interest and penalties amounting to Rs 904 bn hasn’t been collected by the Inland Revenue underscored the need to address this issue urgently.
During the media briefing lawmaker Herath explained how the media could be targeted on the basis of alleged abuses in the coverage of issues. In the absence of interpretation of the term abuse of power, the committee headed by the Director General, TRC would be able to find fault with any broadcaster to appease his/her political master. It would be pertinent to mention that just two out of a three-member committee is authorized to decide on the fate of a media organization. Even the criticism of the controversial postponement of the much delayed Local Government polls indefinitely may attract the attention of the Broadcasting Authority as the government propagated the myth that economic recovery should be given priority, therefore election process can wait.
Prof. Herath explained how members of the commission can be removed in case they didn’t toe the government line. Instead of the very purpose a Broadcasting Authority is required to primarily have a level playing field, the one proposed can be a threat to media freedom. In the hands of politicians who pursue destructive self-aggrandizing strategies regardless of consequences, therefore the proposed Broadcasting Authority can be a tool to harm the free media. Prof. Herath regretted that the previous attempts to establish a Broadcasting Authority hadn’t been successful.
Harsha takes a strong stand
Samagi Jana Balavegaya (SJB) front liner Dr. Harsha de Silva is another MP who came out strongly against the proposed law. The former UNP non-Cabinet minister flayed the government over the move at a media briefing held at the Opposition Leader’s Office on Sir Marcus Fernando Mawatha.
The top SJB spokesman warned that this legislation, touted as an effort to advance the mass media, actually would serve as a tool for the government to crack down on and manipulate the media to suit its own agenda.
According to Dr. de Silva, the proposed Broadcasting Authority Bill contained provisions that enabled the government to exert pressure on and control media outlets that do not align with its ideology. Such measures, the economist argued were fundamentally incompatible with the principles of a democratic society.
“One of the cornerstones of a democracy is the freedom to hold differing opinions. The media cannot be subject to the whims of a particular authority that operated at the behest of the government. The media should enjoy the independence to express their views”, Dr. de Silva asserted. “This right to free expression is a fundamental tenet of any democratic society. The proposed Broadcasting Authority Act aims to stifle the media, and we will not stand for it”.
Dr. de Silva further cautioned that the government’s motives behind this legislation mirror its previous attempts to suppress the media through the failed Anti-Terrorism Act. The MP asserted that, having faced resistance to their oppressive measures, the government is now seeking alternative avenues to fulfill its objective of muzzling critical voices, and the Broadcasting Authority Act is their latest attempt to do so.
The concerns raised by Dr. Harsha de Silva who was once widely tipped to be the Finance Minister of the Wickremesinghe-Rajapaksa government, underscored the need for a robust and independent media, one that could act as a vital check on governmental power and foster a thriving democratic society. The MP stressed the pivotal importance policymakers and citizens alike closely examine the proposed legislation and its potential implications on press freedom, ensuring that any changes made to media regulations did not infringe upon the democratic principles that underpin our society.
SJB and Opposition Leader Sajith Premadasa has alleged that the government’s latest bid was meant to create an environment in which only those who propagated the government line could operate.
Lawmaker Premadasa has said that the move to throttle the media seemed to be a critical part of the government’s overall strategy and should be considered as an extremely dangerous move against the backdrop of indefinite postponement of Local Government polls. MP Premadasa, like his opposition colleagues Prof. Herath and Dr. de Silva, alleged the licenses were to be issued on the basis of the media organizations’ loyalty to the government.
Several decades ago, Sri Lanka exercised censorship to control the media, at a time television posed no real challenge.
Having joined The Island in June 1987, the writer remembered how print media had to submit all ‘copies’ that dealt with security and political issues to the government censor for approval. Successive governments imposed censorship to cover up military reversals in the Northern and Eastern Provinces and part of the overall strategy to deal with the second JVP-led insurgency 1987-89.
Successive governments harassed the print media and attacks directed at journalists and private media institutions over the years were part of that despicable strategy. Whatever the provocations, the assassinations of journalists cannot be condoned. Perpetrators of such heinous crimes had never been arrested. The assassination of The Sunday Leader Editor Lasantha Wickremetunga on January 08, 2009 is perhaps the case that attracted the most media coverage though there were many other attacks.
Keith Noyahr, Defence correspondent at the now defunct The Nation newspaper earned the wrath for his critical weekly column titled ‘Military Matters.’ His abduction and subsequent release in May 2008 exposed the then government though the investigation was never brought to a successful conclusion even after the defeat of that government in January 2015!
The proposed Broadcasting Authority Bill has taken the government’s battle (whichever party in power) to a new level. Now political strategy is aimed at closing down whole television or radio stations.
Jayantha Dhanapala (1938 – 2023)
By Tissa Jayatilaka
The splendid career as well as the many glittering prizes won by Jayantha Dhanapala is common knowledge and does not require reiteration here. Rather I wish to focus on the man himself in this tribute to an exceptional person whom I had the privilege of getting to know personally at the tail end of the 1980s. I had of course heard of Jayantha and his many accomplishments long before our first meeting. Having read a newspaper review of North-South Perspectives, an international affairs journal that I edited, which focused on the promotion of greater understanding between the ‘developed’ and the ‘developing’ world, Jayantha telephoned me to ask if we could meet. I readily agreed and thus began a friendship that lasted until his death a few days ago.
Although I had not known at the time of that first meeting of ours, I soon learnt that encouraging those of the younger generation to contribute their mite to the betterment of Sri Lanka and the world outside of her shores was a priority for Jayantha. In the process, he enabled those of us who came into contact with him to better ourselves in order to continue to give of our best. In his appreciation of Jayantha ‘s life and career, former diplomat A.L.A. Azeez (who joined the Sri Lanka foreign service in 1992) talks at length of the marvellous role of guide and mentor of younger colleagues, including himself, that Jayantha played throughout his days in the foreign service. In the same spirit, after his retirement from the UN and upon his return to Sri Lanka, he served as a Trustee and member of the Board of Advisers of Sri Lanka Unites, mentoring a local youth movement dedicated to the transformation of Sri Lanka to a land free of religious and ethnic strife. He was involved from the inception in the establishment of the Friday Forum, an informal and self- financed group of older citizens dedicated to democracy, good governance, human rights and the rule of law.
Our friendship grew over the years, I happen to think, because we shared much in common. We both schooled and spent our formative years in Kandy– he at Trinity in the 1950s and I at Kingswood in the 1960s. Later he and I both entered the University of Ceylon, Peradeniya at different times, given that he was a decade older, where we both read for the Special Degree in English. His extra-curricular activities at Peradeniya, like mine, included sports– rugger in his case and cricket in mine– and theatre. We both took part in plays, held office and were participants in the diverse activities of the University Drama Society (DramSoc).
Jayantha and I also shared a fondness for the spoken and written word and, not infrequently, combined our resources in this area. We jointly edited A Garland for Ashley: Glimpses of a life celebrating the life of Ashley Halpe and His 50 Years of University Teaching (2008). He was instrumental in making me the editor of SIRIMAVO – Honouring the world’s first woman prime minister (2010) for which publication he wrote an excellent essay on The Foreign Policy of Sirimavo Bandaranaike. He contributed a chapter titled, A City Upon a Hill for Excursions and Explorations Cultural Encounters Between Sri Lanka and the United States that I put together in 2002. He reviewed Peradeniya: Memories of a University (1997) that I jointly edited with K.M. de Silva. Jayantha served as keynote speaker while I introduced the publication at the launch of the late Tissa Abeysekera’s collection of essays on culture and the arts titled, Roots, Reflections and Reminiscences (2007). A couple of years ago, Jayantha and I teamed up one more time to write an essay titled, A Study in ‘Creative Compassion’ for The Fourth Lion – Essays for Gopalkrishna GANDHI (2021) edited by Venu Madhav Govindu and Srinath Raghavan.
In the 1990s, when our friendship had matured to an extent that I could ask the Dhanapalas for a personal favour, I would on certain of my regular visits to the United States, stay with Maureen and Jayantha whenever they were free of pressing official commitments. I stayed with them in Washington while he was our ambassador (1995-1997) and later in New York when he was serving as Under-Secretary General for Disarmament Affairs (1998-2003). In New York, they would book tickets in advance for plays on Broadway to make my visits even more enjoyable. Their friendship and warm hospitality knew no bounds. I also recall a visit to the UN with my wife Lilani and our daughter Lara when Jayantha hosted us to lunch at a restaurant in the premises of the UN headquarters.
No account of Jayantha would be complete without a reference to the solid and sensitive supporting role played by Maureen in his life and career. She was a superb fellow-traveller who had known Jayantha from a very young age and were fellow undergraduates at Peradeniya as well. If marriages, as we are told, are indeed made in heaven, then theirs undoubtedly would be one of them. They were an extremely compatible and congenial pair to the very end. After their return to Sri Lanka, we had the opportunity to meet Jayantha and Maureen in more relaxed settings over food and drink, either at our home or theirs or in the homes of common friends.
Lilani and I went up to Kandy to spend a long- promised weekend with our senior colleagues and intimate friends Gananath and Ranjini Obeyesekere at April’s end. Knowing of our strong desire to meet Jayantha and Maureen during our visit and, as all of us were close mutual friends, our kind and thoughtful hosts invited the Dhanapalas to lunch at their lovely home. It was when we sat to lunch that it struck me that all six of us around the table, belonging to different eras, had been through the Department of English and read for the Special Degree in English at the University of Ceylon, Peradeniya which later became the University of Peradeniya. Little did we know that one of us would be gone in less than a month and not be around for another meeting over lunch! Impermanence is all.
My one-time teacher (he taught Lilani too, in later years), senior colleague in Peradeniya’s Department of English and close friend, Professor Thiru Kandiah, and his wife Indranee, have shared a friendship of much longer standing with the Dhanapalas. Thiru was a year senior to Jayantha at Peradeniya while Indranee and Maureen, who had been schoolmates and close friends at Girl’s High School, Kandy, resumed their friendship at a later date at Peradeniya. Their fathers had been members of the Trinity College staff, very close friends and neighbours. Trinity’s Lemuel House was founded when Jayantha was a student at the school with Indranee’s father, the illustrious teacher and Head Master Mr. R.L Kannangara in charge. Jayantha was one of the most outstanding students of Lemuel and Indranee’s father soon came to respect and, also like him very much.
The Kandiahs now live in Perth, Australia and realising that they may be unaware of Jayantha’s passing, I wrote to inform them of the sad event. Soon there was a flurry of emails exchanged amongst the three of us and I found myself in total agreement with their assessment of the Dhanapalas.
Here is Thiru on Jayantha:
Jayantha was held in especially high esteem and regard by absolutely everybody. This was not least for the obvious brilliance of his mind. But closely allied with that, there was in addition this very distinctive way in which he tended to come across to people in his interactions with them- as of his very nature a signally intellectual sort of person: always impeccably reasoned, and very definitely and firmly so, if in an unostentatious and quietly unassertive, also exemplarily courteous, manner that lent him great dignity; with the unmistakable integrity of the positions he adopted on matters and what he stood for adding considerable power to the strikingly impressive impact he had on people.
Indranee’s pertinent observation is that Maureen is as good natured as she is beautiful and gentle and that the school, “could not have found a better head prefect than her”. She goes on to say that Maureen’s father was a very caring and helpful person and her mother, a gentle and gracious lady. These are sentiments that deserve to be widely shared and hence my doing so.
All in all, Jayantha Dhanapala was a formidable personality, though, never aggressive or unapproachable. He was friendly and unfailingly courteous at all times. I wish to end this tribute with another most appropriate quote from Thiru Kandiah:
Much will, I am sure, be said and written of Jayantha at this time of his leaving us. But the man we were fortunate to know and whom we had such affection and respect for will remain in our hearts and minds as long as we are around.
By Lynn Ockersz
It’s been over four decades,
Since the torching and gutting,
Of the Jaffna Public Library,
That venerable Beacon of Light,
For Asia and the world at large,
And the shame continues to well,
In the hearts of the righteous,
Over the fascist-inspired tragedy,
But it’s not too late, it’s plain,
To put things right fully,
By offering a hand of humanity,
To the people thus savaged,
And telling them that never again,
Will bigotry be allowed to reign,
In this isle of a plural identity….
And this is no formidable task,
For nation-builders genuine,
Who must stand up and be counted.
Digital Promotion Agency to be established – President
President holds crucial meeting with SLRCS and IFRC officials
Dushmantha Chameera’s four wickets leads bowlers’ party as Sri Lanka wrap up series
‘Dates have the highest sugar content to fight Coronavirus’
Sunday Island 27 December – Headlines
#Sundayisland Sunday Island- 31 January- Headlines
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BOOK LAUNCH IN MELBOURNE