Connect with us

Features

Proposed Penal Code amendment and threat of promotion of sexual abuse of children

Published

on

by Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development

Since 1980s, with economic liberalisation, the opening of the country for tourism, exposure of children to electronic media and the increased migration of mothers for employment as house maids in the Middle East, there has been a continuous, visible increase in the incidents of child sexual abuse and other acts of child abuse in Sri Lanka, which has earned notoriety as a paradise of foreign paedophiles. Incidents of child sexual abuse are frequently reported in the national press. However, prior to 1995, there were no provisions in the Penal Code, which could be effectively used to curb this trend.

In 1995, several amendments were made to the Penal Code with the objective of bringing down the relatively high incidence of sexual abuse of women and children prevailing in the country, by enabling Courts to impose deterrent penalties on persons found guilty of committing sexual offences, and enhancing protection to women and children against abuse, specially sexual abuse.

SLPP MP Premanath C. Dolawatta has presented a Bill in Parliament, seeking the repeal of two important provisions of the Penal Code brought in by 1995 Amendments – S. 365 and S.365A, which were specially enacted to protect children from sexual abuse and punish sexual abusers of children with deterrent penalties. This Bill containing only two clauses has been brought for the purpose of decriminalising LGBTQ sexual activities.

The constitutionality of this Bill has been challenged before the Supreme Court by several petitioners who are concerned about the welfare and protection of children, and the Supreme Court has determined that none of its provisions are inconsistent with the Constitution and therefore the Bill can be passed by a simple majority in Parliament.

In this article, I wish to examine and discuss: (a) the situation that prevailed in this country in relation to sexual abuse of children prior to the enactment of Penal Code Amendments of 1995; (b) the anti-national and anti-Sri Lanka campaigns carried on by the LGBTQ groups and other proponents of this Bill before the UN HRC in Geneva; (c) the role of the international actors in getting LGBTQ sexual conduct decriminalised in Sri Lanka; (d) thinking of political parties in Parliament and their support for the Bill; (e) a comparison of the existing Penal Code provisions and the proposed amendments, and the stand taken by the State before the Supreme Court; and (f) consequences of the passage of the Bill on the country, culture and younger generation.

Situation prior to Enactment of 1995 Penal Code Amendment

It was a time the government was enthusiastically promoting tourism and there was an increase in the number of tourists coming and staying in tourist resorts in the coastal areas of the South and the West. During this period several cases of sexual abuse of male schoolchildren by foreign tourists were reported from several areas in the country.

In 1993, the Police filed several cases in the Balapitiya Magistrate’s Court against some European tourists for sexually abusing several children under 12 years of age studying in a school in Balapitiya. A student over 14 years of age who had got used to this type of conduct earlier, studying in the same school, had procured them for tourists, having brought them to Ambalangoda Rest House premises in the guise of going with them to the seashore. At that time there were no provisions in the Penal Code, specially enacted with the objective of protecting children from sexual abuse by dealing with such offenders with deterrent penalties.

The Police produced the foreign tourists in Court on the allegation of committing an act of gross indecency on the children, an offence punishable under S. 365A of the Penal Code. That was the general practice among the Police. Gross indecency was an offence triable by a Magistrate’s Court and the penalty for the offence was imprisonment for a term which may extend up to two years or with fine or both. The Court had the discretion to release a convicted offender with only a fine without imposing a jail sentence.

The maximum fine a Magistrate’s Court could impose was Rs. 1,500. The Court had the power to impose a lesser fine, even a fine of Rs. 500 is a legal penalty. As those offenders were European tourists, it was most likely that the Court would have released them with only a fine without imposing any jail sentence upon their pleading guilty, or on conviction.

A child rights NGO called ‘‘Protection of Environment and Children Everywhere’’ (PEACE), headed by Maureen Seneviratne, was pursuing the cases looking after the interests of the affected children. At the request of PEACE, I volunteered to appear in those cases to look after the interests of these children.

I appeared in the Balapitiya Magistrate’s Court for the affected children and informed it that there was a need for amending the charge sheet as the offence alleged to have been committed by these suspects – anal sex – was not gross indecency punishable under S. 365A, but a much more serious offence, carnal intercourse against the order of nature with any man, woman or beast, punishable under S. 365 of the Penal Code with imprisonment of either description for a term which may extend to ten years and fine.

It was an indictable offence, triable only by the High Court. Police agreed with my submission. However, a group of lawyers from Balapitiya Bar appearing for the offenders rose up against me, shouting that an outsider had no right to intervene in their cases. The Magistrate accepted my submission and put off the case for necessary action. Making similar submissions, I represented the interests of several children in the Magistrate’s Courts of Kesbewa and Negombo also against foreign paedophiles during that period.

Several foreign pedophiles against whom there were cases pending in our courts fled the country while they were on bail pending trial. A Belgian national Luc Coomens and a Swiss national Armen Paffhauser, against whom there were cases pending in Matara Magistrate’s Court and another Swiss national Thomas Casper, against whom there was a case pending in Kesbewa Magistrate’s Court, were among the foreign child abusers who fled the country after being released on bail. Though their passports were impounded, they managed to flee the country.

Existing Penal Code provisions were hardly adequate to arrest this trend of continuous increase of incidents of sexual abuse of women and children. Sri Lanka ratified the UN Convention on the Rights of the Child in July 1991 and committed to bring about required reforms in the law to protect children from sexual and other forms of abuse. Sri Lanka was required under the Convention to present its first Report to the Child Rights Committee of the UN HRC in 1996 with measures taken in this regard. There was a strong and urgent demand for amendment of the Penal Code with adequate provisions and deterrent penalties that could have the effect of arresting the increasing incidence of sexual abuse of women and children. It was under these circumstances that the Penal Code Amendment Act No. 22 of 1995 was passed.

1995 Penal Code Amendments

The following are the main changes brought about in the law by these amendments:

Creating several new offences such as incest, grave sexual abuse, sexual exploitation of children, procuration and using children for obscene publications;

Providing for enhanced penalties for sexual offences and minimum mandatory jail sentences;

Recognition of persons under 18 years of age as children for the purpose of the offences dealt with by these amendments;

Increasing the age of statutory rape or consent to sex from twelve to sixteen years.

Granting exclusive jurisdiction over child abuse cases to the High Court.

(B) NGO Conspiracy to Prevent Election of Sri Lanka to the UN Human Rights Council

When the UN Human Rights Council in Geneva was established by the United Nations Organization in 2006, Sri Lanka was elected as a member of the inaugural Human Rights Council by the General Assembly of the United Nations. Before the election, several foreign funded NGOs working in the Human Rights field in Sri Lanka jointly with LGBTQ groups carried on a vigorous and vicious campaign to prevent the election of Sri Lanka to the Council. They spread all sorts of false and exaggerated stories on the violations of human rights committed by Sri Lankan government agencies and requested member states not to vote for Sri Lanka. Despite their campaign, with the support of the majority of Asian and African countries, Sri Lanka was elected as a member of the UN Human Rights Council. (To be continued)



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Features

Illegal solar push ravages Hambantota elephant habitat: Environmentalist warns of deepening crisis

Published

on

Land earmarked for the project

A large-scale move to establish solar power plants in Hambantota has triggered a major environmental and social crisis, with more than 1,000 acres of forest—identified as critical elephant habitat—cleared in violation of the law, environmental activist Sajeewa Chamikara said.

Chamikara, speaking on behalf of the Movement for Land and Agricultural Reform, said that 17 companies have already begun clearing forest land along the boundaries of the Hambantota Elephant Management Reserve. The affected areas include Sanakku Gala, Orukemgala and Kapapu Wewa, which are known to be key elephant habitats and long-used movement corridors.

He said that what is taking place cannot be described as development, but rather as a large-scale destruction of natural ecosystems carried out under the cover of renewable energy expansion.

According to Chamikara, the clearing of forests has been carried out using heavy machinery, while large sections have also been deliberately set on fire to prepare the land for solar installations. He said that electric fences have been erected across wide stretches of land, effectively blocking elephant movement and fragmenting their natural habitat.

“These forests are not empty lands. They are part of a living system that supports wildlife and nearby communities. Once destroyed, they cannot be easily restored,” he said.

The projects in question include a 50 megawatt solar development undertaken by five companies and a larger 150 megawatt project implemented by 12 companies. The larger project is reported to be valued at around 150 million US dollars.

Chamikara stressed that these projects are being carried out in a coordinated manner and involve extensive land clearing on a scale that raises serious environmental concerns.

He further alleged that certain companies had paid about Rs. 14 million to secure support and move ahead with the projects. He said this points to a troubling failure of oversight by state institutions that are expected to protect forests and wildlife habitats.

“This is not only an environmental issue. It is also a serious governance issue. The institutions responsible for protecting these lands have failed in their duty,” he said.

Chamikara pointed out that under the National Environmental Act, any project of this scale must receive prior approval through a proper Environmental Impact Assessment process.

He said that clearing forest land before obtaining such approval is a direct violation of the law.

He added that legal requirements relating to archaeological assessments had also been ignored. Under existing regulations, large-scale land clearing requires prior evaluation to ensure that sites of historical or cultural value are not damaged.

“The law is very clear. You cannot go ahead with projects of this nature without proper approval. What we are seeing is a complete disregard for legal procedure,” Chamikara said.

The environmental impact of these activities is already becoming visible. With their natural habitats destroyed, elephants are increasingly moving into nearby villages in search of food and shelter. This has led to a sharp rise in human-elephant conflict in several areas.

Areas such as Mayurapura, Gonnooruwa, Meegahajandura and Thanamalvila have reported increasing encounters between humans and elephants. According to Chamikara, more than 5,000 farming families in these areas are now facing growing threats to their safety and livelihoods.

 

He warned that farmers are being forced to abandon their lands due to repeated elephant intrusions, while incidents involving damage to crops and property are rising. There have also been increasing reports of injuries and deaths among both humans and elephants.

“This is turning into a serious social and economic problem. When farmers cannot cultivate their lands, it affects food production, income and rural stability,” he said.

Chamikara also raised concerns about the broader environmental consequences of clearing forests for solar power projects. While renewable energy is promoted as a solution to reduce carbon emissions, he said that destroying forests undermines that goal.

“Forests play a key role in absorbing carbon dioxide. When you clear and burn them, you are increasing emissions, not reducing them. That defeats the purpose of promoting solar energy,” he explained.

He added that large-scale deforestation in dry zone areas such as Hambantota could also affect local weather patterns and reduce rainfall, which would have further negative impacts on agriculture and water resources.

Chamikara called for a shift in policy, urging authorities to focus on more sustainable approaches to solar power development. He said that rooftop solar systems on homes, public buildings and commercial establishments should be given priority, as they do not require clearing large areas of land.

He also recommended that solar projects be located on degraded or abandoned lands, such as areas affected by past mining or other low-value lands, rather than forests or productive agricultural areas.

“Renewable energy development must be done in a way that does not destroy the environment. There are better options available if there is proper planning,” he said.

Chamikara urged the Central Environmental Authority and the Department of Wildlife Conservation to take immediate action to stop ongoing land clearing and investigate the projects. He stressed that all activities carried out without proper approval should be halted until legal requirements are met.

He warned that failure to act now would lead to long-term environmental damage that could not be reversed.

“If this continues, we will lose not only forests and wildlife, but also the balance between people and nature that supports rural life. The consequences will be felt for generations,” he said.

The situation in Hambantota is fast emerging as a critical test of whether development goals can be balanced with environmental protection. As pressure grows, the response of authorities in the coming weeks is likely to determine whether the damage can still be contained or whether it will continue to spread unchecked.

By Ifham Nizam

Continue Reading

Features

Why Mahatma Gandhi’s teachings need to be at the heart of conflict resolution

Published

on

Mahatma Gandhi

All credit to the Tamil Nadu government for taking concrete measures to perpetuate the memory of the renowned Mahatma Gandhi of India, who on account of his moral teachings stands on par with the likes of Socrates, Plato, Aristotle, Confucius and Jalaluddin Rumi, to name a few such all-time greats. The time is indeed ripe to draw the world’s attention to the Mahatma’s humanistic legacy which has resonated in the hearts of peace-oriented sections the world over down the decades.

Under its mega developmental blueprint titled ‘ Tamil Nadu 2030’, the Tamil Nadu government, among other things, intends transforming villages into centres of economic growth in conformity with the Mahatma’s vision of making the village the fundamental unit of material and spiritual advancement. Thus will come into being the ‘Uttamar Gandhi Model Villages Project’, which will be initially covering 10 village Panchayats. (Please see page 3 of The Island of March 11, 2026).

The timeliness of remembering and appreciating anew the teachings of Mahatma Gandhi resides in the utter lawlessness that has been allowed to overtake the world over the last few decades by none other than those global powers which took it upon themselves to usher in a world political and economic order based on the UN Charter and the Universal Declaration of Human Rights. Mainly in ‘the dock’ in this regard are the permanent members of the UN Security Council.

As is plain to see, the international law and order situation has veered out of control. Principal priorities for the international community or what’s left of it is to prevent the current mainly regional war in the Middle East from degenerating dangerously into another world war, coupled with the task of eliminating the possibility of another nuclear holocaust.

The most scorching of ironies is that the world’s ‘number one power’, the US, has virtually lost its way in the ‘Global Disorder’ it has been party to letting lose. For instance, instead of making good its boast of militarily neutralizing Iran and paving the way for the constant flow of fuel and gas from the Strait of Hormus by itself and Israel, it is now appealing to the rest of the West to come to its assistance. Not surprisingly, US allies are indicating their unwillingness to help pull the US’ ‘chestnuts out of the fire’.

Oil and gas are the veritable life blood of countries and going ahead it should not come as a surprise if impatience gets the better of the major powers and the nuclear option is resorted to by some of them under the dangerous illusion that it would be a quick-fix to their growing economic ills and frustrations.

All the above and more are within the realms of the possible and the need is pressing for humanistic voices to take centre stage in the present runaway crisis. As pointed out in this column last week, Realpolitik has overtaken the world and unless the latter is convinced of the self-destructive nature of the major powers’ policy of ‘meeting fire with fire’ to resolve their disputes, annihilation could be the lot of a good part of the world.

For far too long the voice of humanity has been muted and silenced in the affairs of the world by the incendiary threats and counter-threats of the big powers and their allies. No quarter has been bold enough in these blood pressure-hiking slanging matches to speak of the need for brotherly love and compassion among nations and countries. But it’s the language of love and understanding that is the most pressing need currently and the Mahatma in his time did just that against mighty odds.

At present the US and Iran are trading threats and accusations over military-related developments in the Gulf and it’s anybody’s guess as to what turn these events will take. However, calming voices of humanity and moderation would help in deescalating tensions and such voices need to go to the assistance of the UN chief and his team.

The Mahatma used the technique of ‘Satyagraha’ or the policy of non-violent resistance to oppose and dis-empower to a degree the British empire in his time and the current major powers would do well to take a leaf from Gandhi. The latter also integrated into the strategy of non-violent resistance the policy of ‘Ahimsa’ or love and understanding which helped greatly in uniting rather than alienating adversaries. The language of love, it has been proved, speaks to the hearts and minds of people and has a profoundly healing impact.

Mahatma Gandhi defined the ideal of ‘Ahimsa’ thus: ‘In its positive form, “Ahimsa” means the largest love, the greatest charity. If I am a follower of “Ahimsa”, I must love my enemy or a stranger to me as I would my wrong-doing father or son. This active “Ahimsa” necessarily includes truth and fearlessness.’ (See; ‘Modern Indian Political Thought; Text and Context’ by Bidyut Chakrabarty and Rajendra Kumar Pandey, Sage Publications India, Pvt. Ltd., www.sagepub.in).

In the latter publication, the authors also defined the essence of ‘satyagraha’ as ‘protest without rancour’ and this is seen as ‘holding the key to his entire campaign’ of non-violent resistance. From these perspectives, the teaching, ‘hatred begets hatred’ acquires more salience and meaning.

Accordingly, the voice of reason and love needs to come centre stage and take charge of current international political discourse. The UN and allied organizations which advocate conflict resolution by peaceful means need to get together and ensure that their voices are clearly heard and understood. The global South could help in this process by seeing to the vibrant rejuvenation of organizations such as the Non-aligned Movement.

An immediate task for the peace-oriented and well meaning is to make the above projects happen fast. In the process they should underscore afresh the profound importance of the teachings of Mahatma Gandhi, who is acclaimed the world over as a uniting and healing political personality and prophet of peace.

If the Mahatma is universally acclaimed, the reason is plain to see. Put simply, he spoke to the hearts and minds of people everywhere, regardless of man-made barriers. The language of peace and brotherhood, that is, is understood by everyone. The world needs more prophets of peace and reconciliation of the likes of the Mahatma to drown out the voices of discord and war-mongering and ensure that the language of humanity prevails.

Continue Reading

Features

Exciting scene awaits them …

Published

on

The Future Model Hunt extravaganza, organised by Rukmal Senanayake, and advocacy trainer Tharaka Gurukanda, held in late January 2026, has brought into the limelight four outstanding contestants who will participate, at the international level, this year – Sandeepa Sewmini, Demitha Jayawardhana, Diwyanjana Senevirathna, and Nimesha Premachandra.

Nimesha took the honours as Mrs. Tourism Sri Lanka 2026 and was featured in The Island of 05th March,

Sandeepa Sewmini was crowned Miss Supranational 2026 and will represent Sri Lanka at the big event to be held in Poland later in the year.

A Business Management and Human Resources student, she will be competing under the guidance of Rukmal Senanayake from the Model With Ruki – Model Academy & Agency.

The Mister Supranational Sri Lanka crown went to Demitha Jayawardhana, a 20-year-old professional model and motocross rider.

Apart from modelling he is engaged in his family business.

Demitha Jayawardhana: Mister Supranational Sri Lanka 2026

Demitha is also a badminton player with a strong passion for sports, fitness and personal growth.

In fact, he is recognised for his strength, discipline, and passion for fitness.

A past student of Wycherley International School and St Peter’s College, Colombo, Demitha is currently in his second year of Economics Management at the Royal Institute of Colombo.

He will represent Sri Lanka at the 10th edition of the Mister Supranational pageant, in Poland, in August, 2026.

Mister and Miss Supranational are annual international beauty pageants, held in Poland, and are designed to discover new talent for the modelling and television industries and produce instant celebrities.

The competition focuses on elegance, intelligence, and social advocacy, with contestants, representing their countries.

The newly appointed Miss Teen International Sri Lanka 2026 is Diwyanjana Senevirathna.

She was crowned at the Future Model Hunt and will represent Sri Lanka at the Miss Teen International 2026 pageant in India.

Diwyanjana is noted for her grace and dedication to representing the country at this prestigious event that aims to celebrate talent, intelligence, charm, and individuality, and provide a platform for young girls to showcase their skills.

Continue Reading

Trending