Features
Proposed Penal Code amendmentand threat of promotion of sexual abuse of children – IV
by Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development
(The third part of this article appeared in The Island of 13 June 2023)
Joining the discussion, Freedom People’s Congress MP Prof. Charitha Herath has said that they would support decriminalization of same-sex relations, if and when the Bill is presented to Parliament.
‘‘We must engage with two domains to achieve the desired results. One is the political domain and the other is the cultural domain. We can change old fashioned political and cultural establishments through constant engagement. ‘’
‘’The technical approach alone will not usher in a meaningful change. That is why I highlight the importance of cultural discussions, as well, to overcome the existing barriers. Sometimes, I feel that these cultural platforms are forgotten by the younger generation,’’ Prof. Herath explained.
Minister Jeevan Thondaman countered the argument that culture was a barrier in achieving non-discrimination for the LGBTQ community in SL. He said ‘’ There is more than enough evidence from ancient history that same sex relations existed and they were very much embraced many, many centuries ago.’’ Thondaman pledged support to legislative reforms decriminalizing same-sex relations.
(E) Existing Penal Code provisions compared with Proposed Amendments
S. 365 of the original Penal Code: ‘’ Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.’’
In the Penal Code there is no definition as to what is meant by carnal intercourse against the order of nature. According to Indian cases, acts of anal sex and oral sex were considered as carnal intercourse against the order of nature. The Police had no idea as to what is meant by it. Only where there was a complaint of a person having anal or vaginal sex with an animal, like a cow, goat or a bitch, they acted on it. This happened very, very seldom and this provision remained almost unenforced.
However, with the promotion of tourism in the 1980s, many incidents of foreign tourists having anal sex with male children were reported. The Police used to produce the suspects in courts for committing an offence not under this Section but under S. 365A of the Penal Code, carrying a much less penalty.
By 1995 Amendments, S. 365 was amended by adding a clause making it explicitly applicable to punish sexual abusers of children.
1995 Amendment of S. 365 of the Penal Code –
‘’ Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be punished with fine and where the offence is committed by a person over 18 years of age in respect of a person under 16 years of age, the offender shall be punished with rigorous imprisonment for a term not less than 10 years and not exceeding 20 years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.’’
The new Bill proposes to repeal S. 365 and substitute it with the following section:
‘’Whoever voluntarily has carnal intercourse against the order of nature with an animal, shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also liable to fine.’’
Under the proposed Bill, anal or oral sex with any man, woman or child will no longer be considered as carnal intercourse against the order of nature; it will be considered as normal human sexual behaviour, not an offence punishable under the law.
This new Bill proposes to totally repeal S. 365A of the Penal Code, without any substitution.
S. 365A of the original Penal Code:
‘’Any male person who, in public or private, commits or is a party to the commission of, or procures or attempts to precure the commission by any male person, of any act of gross indecency with another male person shall be guilty of an offence and shall be punished with imprisonment of either description for a term which may extend up to two years or with fine or both, and shall also be liable to be punished with whipping.’’
This provision covered offences committed by male persons only. 1995 Amendment made it applicable to cover offences committed by both male and female persons and made provision for imposing deterrent penalties for offences committed on children.
1995 Amendment of S. 365A of the Penal Code –
‘’Any person who, in public or private, commits or is a party to the commission of, or procures or attempts to precure the commission by any person, of an act of gross indecency with another person is guilty of an offence punishable with imprisonment for a term which may extend up to two years or with fine or both and where the offence is committed by a person over 18 years of age in respect of any person under 16 years of age shall be punished with rigorous imprisonment for a term not less than 10 years and not exceeding 10 years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.’’
The Supreme Court Determination on the Bill…
Three persons had filed an application – SC SD No. 13 / 2023 – in the Supreme Court challenging the constitutionality of this Bill. Fourteen petitions have been filed by persons seeking Court’s permission to intervene in the Application and the Court has allowed their applications. Out of the 14 intervenient applications, intervenient petitioners only in two applications have supported the petitioners opposing the Bill. Intervenient petitioners in 12 intervenient applications have supported the Bill, opposing the petitioners.
Among the Intervenient petitioners who supported the Bill, there were representatives of four foreign-funded NGOs that have played a leading role in the anti-Sri Lanka campaign carried on in the UN HRC in Geneva making wild allegations against the Govt.
of Sri Lanka since 2006; representatives of 3 or 4 LGBTQ groups; a former Professor in the Faculty of Law, University of Colombo; a leading NGO figure who has served as the President and two other women who have served as members of the Human Rights Commission of Sri Lanka; a women who has served as the President of the National Child Protection Authority; the person who moderated the discussion at the Canadian High Commission and a major activist in the LGBTQ movement in Sri Lanka.
Having examined and analysed the arguments and submissions of the Counsels for the petitioners, intervenient petitioners, respondents and the Attorney General, the Court has made its determination in a lengthy a Judgement. As mentioned in the Judgement:
This Bill proposes to repeal S. 365A in its entirety. ‘‘It must be reiterated that the cumulative effect of the Bill, as captured in Clause (2) (iii), is that sexual orientation of a person shall no longer be a punishable offence, and any consensual conduct between two adult persons of the same sex, irrespective of whether it takes place in private or public, shall no longer be an offence.’’ – P. 10
‘‘The Counsels who appeared for the petitioners opposing the Bill have presented four arguments in support of their position that the provisions of the Bill are violative of Articles 1,3, 4d, 9, 12(1), 13(4), 27(1), 27(2)(d) and 27(13) of the Constitution…It must, perhaps, be stated at the outset that in our view, ex facie, none of the four arguments impinge upon the provisions of Articles 1, 3, 4d, 12(1) and 13(4) of the Constitution….
‘‘The first argument was that the safeguards provided in Ss. 365 and 365A for the protection of children and those under 16 years of age will be taken away by the amendments proposed by the Bill, thereby creating space for exploitation of children and leaving a lacuna in the enforcement of the law relating to offences against children.
‘‘In this connection it was further submitted that:
exposure to lesbian, gay, bisexual and transgender (LGBT) programmes in schools could impact upon the free decision-making power of children and give rise to transgender children;
the enactment of the Bill would be contrary to the provisions in Article 27(13) which provides that ‘The state shall promote with special care the interests of children and youth, so as to ensure their full development, physical, mental, moral, religious and social, and protect them from exploitation and discrimination.’;
the protection presently afforded to children would be removed, if Ss. 365 and 365A are amended as proposed by the Bill, and that even a person under 16 years of age could engage in sexual activity with a person over 18 years of age.
‘‘ It is in this background that this Court was urged as the upper guardian of children to act in the best interests of the child and declare that the Bill is violative of Article 12(1).
The Stand taken by the State…
‘‘The learned Additional Solicitor General Haripriya Jayasundara, PC, submitted that women and children were the focus of the amendments introduced to the PC in 1995, and that while Ss. 365 and 365A were amended by increasing the punishment where one party was a person below the age of sixteen, S. 365B introduced a new offence titled ‘grave sexual abuse.’ It was further submitted by the Additional Solicitor General that the amendment introduced to S, 365B by the Penal Code Amendment Act No. 29 of 1998 specifically provides that consent with regard to any sexual conduct constituting grave sexual abuse is immaterial where the offence is committed in respect of a child below the age of 16. – vide S. 365B(1)(aa). It was her position that in the event the conduct of any person does not fall within the definition contained in S. 365B, S. 345 of the PC which deals with sexual harassment could be resorted to in order to protect children against any unwelcome sexual advances by words or action. Thus, the contention of the petitioners is unfounded and without any legal basis.’’
It appears that the Court has come to this conclusion on the basis of the submission made by the learned Additional Solicitor General. However, her submission is far from correct. It does not appear from the Judgement as to whether the Counsels of the petitioners made any attempt to show the fallacy of the submissions made by the learned ASG.
‘‘The second argument of the Counsels of the petitioners was that the impugned amendment will dilute the Rule of the Law and result in the life and liberty of the citizens being at risk. This argument is even more tenuous and the petitioners have not been able to connect passing of this Bill to any violation of the Rule of the Law.
‘‘The third argument was that a majority of those with HIV and Aids have history of male or bisexual exposure and that decriminalization of same-sex relationships will give rise to an increase in the number of persons infected with HIV and Aids. It was further submitted that this would have an adverse impact on national security by destroying individuals, families, communities, economic and socio-political institutions, and the military police forces, and that the protection granted by the Chapter on fundamental rights cannot be truly enjoyed without the provision of a safe, secure and protective environment in which a citizen of Sri Lanka may realize the full potential of his existence.
‘‘However, little to nothing has been submitted to this court in support of this proposition other than a singular point that HIV and Aids affect those engaging in same-sex intercourse more than those engaging in hetero-sexual intercourse. Hence, the material placed before this Court by the petitioners does not support their position that HIV and Aids are only prevalent in homo-sexuals or that the proposed amendment will result in an increase in the number of persons afflicted with HIV and Aids.
‘‘Counsels for some of the intervenient petitioners presented three important arguments. The first was that it is not only homo-sexual males who contract HIV, but female sex workers, returnee migrant workers and those who use or inject drugs. The second is that criminalization of homo-sexual conduct between two consenting adult males has only resulted in such persons being marginalised from society and thereby being deprived to access of proper health care which if available would address the spread of HIV and Aids among those persons. The third is that the amendment of S. 365 and S, 365A would facilitate the outreach to individuals and groups at a heightened risk of infection. The intervenient petitioners and the ASG agree on the point that the perception that HIV is disproportionately higher in homo-sexuals is due to the social stigma caused by the criminalization of their relationships…..The Counsels of petitioners did not adduce any scientifically acceptable evidence in support of this line of thinking.
The fourth and final argument was that ‘‘homo-sexual activity is contrary to the principles of Buddhism and therefore violates Article 9 of the Constitution…. The petitioners did not explain the manner in which the decriminalization of one’s sexual orientation derogates from the State’s duty protect and foster Buddha Sasana nor the point of how the proposed amendments are prohibited by or contrary to Buddha Sasana, except to state that it is an offence (parajika) for a Buddhist priest to have sexual relations with another, irrespective of whether the other person is of the same sex or opposite sex.
‘‘On the contrary, Mr. Sanjeewa Jayawardana, PC and Mr. Prasantha Lal de Alwis, PC, appearing for some of the intervenient petitioners submitted that: (a) Bhikkus and Bhikkunis have a separate code of conduct (Vinaya rules) and lay persons are not governed by the rules in the said code; (b) none of the ‘sutras’ focussed on the conduct of lay persons condemn homo-sexuality; (c) while the basic tenets of all religions are that all human beings should be treated fairly and equally irrespective of their circumstances, the fundamental teachings of Buddhism includes tolerance towards and equal treatment of all human beings and that Buddhism does not discriminate persons whose sexual orientation is anything other than hetero-sexual; (d) from whatever parity of reasoning, it would be outrageous for the petitioners to allege that a law which decriminalises homosexuality would result in the undermining of the Buddha Sasana.
‘’We are of the view that the final argument of the petitioners too lacks merit.
‘‘Most of the arguments put forward by and in support of the petitioners are largely based on speculation and may be disposed of summarily. For instance, the argument that children would be harmed by the passing of this Bill or the argument that there shall be an increase in the number of those afflicted with HIV and Aids is specious.’’ – P. 17 (To be continued)
Features
The Venezuela Model:The new ugly and dangerous world order
The US armed forces invading Venezuela, removing its President Nicolás Maduro from power and abducting him and his wife Cilia Flores on 3 January 2026, flying them to New York and producing Maduro in a New York kangaroo court is now stale news, but a fact. What is a far more potent fact is the pan-global impotent response to this aggression except in Latin America, China, Russia and a few others.
Colombian President Gustavo Petro described the attack as an “assault on the sovereignty” of Latin America, thereby portraying the aggression as an assault on the whole of Latin America. Brazilian President Luiz Inácio Lula da Silva referred to the attack as crossing “an unacceptable line” that set an “extremely dangerous precedent.” Again, one can see his concern goes beyond Venezuela. For Mexican President Claudia Sheinbaum the attack was in “clear violation” of the UN Charter, which again is a fact. But when it comes to powerful countries, the UN Charter has been increasingly rendered irrelevant over decades, and by extension, the UN itself. For the French Foreign Minister, the operation went against the “principle of non-use of force that underpins international law” and that lasting political solutions cannot be “imposed by the outside.” UN Secretary General António Guterres said he was “deeply alarmed” about the “dangerous precedent” the United States has set where rules of international law were not being respected. Russia, notwithstanding its bloody and costly entanglement in Ukraine, and China have also issued strong statements.
Comparatively however, many other countries, many of whom are long term US allies who have been vocal against the Russian aggression in Ukraine have been far more sedate in their reaction. Compared to his Foreign Minister, French President Emmanuel Macron said the Venezuelan people could “only rejoice” at the ousting of Maduro while the German Chancellor Friedrich Merz believed Maduro had “led his country into ruin” and that the U.S. intervention required “careful consideration.” The British and EU statements have been equally lukewarm. India’s and Sri Lanka’s statements do not even mention the US while Sri Lanka’s main coalition partner the JVP has issued a strongly worded statement.
Taken together, what is lacking in most of these views, barring a negligible few, especially from the so-called powerful countries, is the moral indignation or outrage on a broad scale that used to be the case in similar circumstances earlier. It appears that a new ugly and dangerous world order has finally arrived, footprints of which have been visible for some time.
It is not that the US has not invaded sovereign countries and affected regime change or facilitated such change for political or economic reasons earlier. This has been attempted in Cuba without success since the 1950s but with success in Chile in 1973 under the auspices of Augusto Pinochet that toppled the legitimate government of president Salvador Allende and established a long-lasting dictatorship friendly towards the US; the invasion of Panama and the ouster and capture of President Manuel Noriega in 1989 and the 2003 invasion of Iraq both of which were conducted under the presidency of George Bush.
These are merely a handful of cross border criminal activities against other countries focused on regime change that the US has been involved in since its establishment which also includes the ouster of President of Guyana Cheddi Jagan in 1964, the US invasion of the Dominican Republic in 1965 stop the return of President Juan Bosch to prevent a ‘communist resurgence’; the 1983 US invasion of Grenada after the overthrow and killing of Prime Minister Maurice Bishop purportedly to ensure that the island would not become a ‘Soviet-Cuban’ colony. A more recent adventure was the 2004 removal and kidnapping of the Haitian President Jean-Bertrand Aristide, which also had French support.
There is however a difference between all the earlier examples of US aggression and the Venezuelan operation. The earlier operations where the real reasons may have varied from political considerations based on ideological divergence to crude economics, were all couched in the rhetoric of democracy. That is, they were undertaken in the guise of ushering democratic changes in those countries, the region or the world irrespective of the long-term death and destruction which followed in some locations. But in Venezuela under President Donald Trump, it is all about controlling natural resources in that country to satisfy US commercial interests.
The US President is already on record for saying the US will “run” Venezuela until a “safe transition” is concluded and US oil companies will “go in, spend billions of dollars, fix the badly broken infrastructure, the oil infrastructure, and start making money” – ostensibly for the US and those in Venezuela who will tag the US line. Trump is also on record saying that the main aim of the operation was to regain U.S. oil rights, which according to him were “stolen” when Venezuela nationalized the industry. The nationalization was obviously to ensure that the funds from the industry remained in the country even though in later times this did lead to massive internal corruption.
Let’s be realistic. Whatever the noise of the new rhetoric is, this is not about ‘developing’ Venezuela for the benefit of its people based on some unknown streak of altruism but crudely controlling and exploiting its natural assets as was the case with Iraq. As crude as it is, one must appreciate Trump’s unintelligent honesty stemming from his own unmitigated megalomania. Whatever US government officials may say, the bottom line is the entire operation was planned and carried out purely for commercial and monetary gain while the pretext was Maduro being ‘a narco-terrorist.’ There is no question that Maduro was a dictator who was ruining his own country. But there is also no question that it is not the business of the US or any other country to decide what his or Venezuela’s fate is. That remains with the Venezuelan people.
What is dangerous is, the same ‘narco-terrorist’ rhetoric can also be applied to other Latin American countries such as Columbia, Brazil and Mexico which also produce some of the narcotics that come into the US consumer markets. The response should be not to invade these countries to stem the flow, but to deal with the market itself, which is the US. In real terms what Trump has achieved with his invasion of Venezuela for purely commercial gain and greed, followed by the abject silence or lukewarm reaction from most of the world, is to create a dangerous and ugly new normal for military actions across international borders. The veneer of democracy has also been dispensed with.
The danger lies in the fact that this new doctrine or model Trump has devised can similarly be applied to any country whose resources or land a powerful megalomaniac leader covets as long as he has unlimited access to military assets of his country, backed by the dubius remnants of the political and social safety networks, commonsense and ethics that have been conveniently dismantled. This is a description of the present-day United States too. This danger is boosted when the world remains silent. After the success of the Venezuela operation, Trump has already upended his continuing threats to annex Greenland because “we need Greenland from the standpoint of national security.” Greenland too is not about security, but commerce given its vast natural resources.
Hours after Venezuela, Trump threatened the Colombian President Gustavo Petro to “watch his ass.” In the present circumstances, Canadians also would not have forgotten Trump’s threat earlier in 2025 to annex Canada. But what the US President and his current bandwagon replete with arrogance and depleted intelligence would not understand is, beyond the short-term success of the Venezuela operation and its euphoria, the dangerous new normal they have ushered in would also create counter threats towards the US, the region and the world in a scale far greater than what exists today. The world will also become a far less safe place for ordinary American citizens.
More crucially, it will also complicate global relations. It would no longer be possible for the mute world leaders to condemn Russian action in Ukraine or if China were to invade Taiwan. The model has been created by Trump, and these leaders have endorsed it. My reading is that their silence is not merely political timidity, but strategic to their own national and self-interest, to see if the Trump model could be adopted in other situations in future if the fallout can be managed.
The model for the ugly new normal has been created and tested by Trump. Its deciding factors are greed and dismantled ethics. It is now up to other adventurers to fine tune it. We would be mere spectators and unwitting casualties.
Features
Beyond the beauty: Hidden risks at waterfalls
Sri Lanka is blessed with a large number of scenic waterfalls, mainly concentrated in the central highlands. These natural features substantially enhance the country’s attractiveness to tourists. Further, these famous waterfalls equally attract thousands of local visitors throughout the year.
While waterfalls offer aesthetic appeal, a serene environment, and recreational opportunities, they also pose a range of significant hazards. Unfortunately, the visitors are often unable to identify these different types of risks, as site-specific safety information and proper warning signs are largely absent. In most locations, only general warnings are displayed, often limited to the number of past fatalities. This can lead visitors to assume that bathing is the sole hazard, which is not the case. Therefore, understanding the full range of waterfall-related risks and implementing appropriate safety measures is essential for preventing loss of life. This article highlights site-specific hazards to raise public awareness and prevent people from putting their lives at risk due to these hidden dangers.
Flash floods and resultant water surges
Flash floods are a significant hazard in hill-country waterfalls. According to the country’s topography, most of the streams originate from the catchments in the hilly areas upstream of the waterfalls. When these catchments receive intense rainfalls, the subsequent runoff will flow down as flash floods. This will lead to an unexpected rise in the flow of the waterfall, increasing the risk of drowning and even sweeping away people. Therefore, bathing at such locations is extremely dangerous, and those who are even at the river banks have to be vigilant and should stay away from the stream as much as possible. The Bopath Ella, Ravana Ella, and a few waterfalls located in the Belihul Oya area, closer to the A99 road, are classic examples of this scenario.
Water currents
The behaviour of water in the natural pool associated with the waterfall is complex and unpredictable. Although the water surface may appear calm, strong subsurface currents and hydraulic forces exist that even a skilled swimmer cannot overcome. Hence, a person who immerses confidently may get trapped inside and disappear. Water from a high fall accelerates rapidly, forming hydraulic jumps and vortices that can trap swimmers or cause panic. Hence, bathing in these natural pools should be totally avoided unless there is clear evidence that they are safe.
Slipping risks
Slipping is a common hazard around waterfalls. Sudden loss of footing can lead to serious injuries or fatal falls into deep pools or rock surfaces. The area around many waterfalls consists of steep, slippery rocks due to moisture and the growth of algae. Sometimes, people are overconfident and try to climb these rocks for the thrill of it and to get a better view of the area. Further, due to the presence of submerged rocks, water depths vary in the natural pool area, and there is a chance of sliding down along slippery rocks into deep water. Waterfalls such as Diyaluma, Bambarakanda, and Ravana Falls are likely locations for such hazards, and caution around these sites is a must.
Rockfalls
Rockfalls are a significant hazard around waterfalls in steep terrains. Falling rocks can cause serious injuries or fatalities, and smaller stones may also be carried by fast-flowing water. People bathing directly beneath waterfalls, especially smaller ones, are therefore exposed to a high risk of injury. Accordingly, regardless of the height of the waterfall, bathing under the falling water should be avoided.
Hypothermia and cold shock
Hypothermia is a drop in body temperature below 35°C due to cold exposure. This leads to mental confusion, slowed heartbeat, muscle stiffening, and even cardiac arrest may follow. Waterfalls in Nuwara Eliya district often have very low water temperatures. Hence, immersing oneself in these waters is dangerous, particularly for an extended period.
Human negligence
Additional hazards also arise from visitors’ own negligence. Overcrowding at popular waterfalls significantly increases the risk of accidents, including slips and falls from cliffs. Sometimes, visitors like to take adventurous photographs in dangerous positions. Reckless behavior, such as climbing over barriers, ignoring warning signs, or swimming in prohibited zones, amplifies the risk.
Mitigation and safety
measures
Mitigation of waterfall-related hazards requires a combination of public awareness, engineering solutions, and policy enforcement. Clear warning signs that indicate the specific hazards associated with the water fall, rather than general hazard warnings, must be fixed. Educating visitors verbally and distributing bills that include necessary guidelines at ticket counters, where applicable, will be worth considering. Furthermore, certain restrictions should vary depending on the circumstances, especially seasonal variation of water flow, existing weather, etc.
Physical barriers should be installed to prevent access to dangerous areas by fencing. A viewing platform can protect people from many hazards discussed above. For bathing purposes, safer zones can be demarcated with access facilities.
Installing an early warning system for heavily crowded waterfalls like Bopath Ella, which is prone to flash floods, is worth implementing. Through a proper mechanism, a warning system can alert visitors when the upstream area receives rainfall that may lead to flash floods in the stream.
At present, there are hardly any officials to monitor activities around waterfalls. The local authorities that issue tickets and collect revenue have to deploy field officers to these waterfalls sites for monitoring the activities of visitors. This will help reduce not only accidents but also activities that cause environmental pollution and damage. We must ensure that these natural treasures remain a source of wonder rather than danger.
(The writer is a chartered Civil Engineer specialising in water resources engineering)
By Eng. Thushara Dissanayake ✍️
Features
From sacred symbol to silent victim: Sri Lanka’s elephants in crisis
The year 2025 began with grim news. On 1st January, a baby elephant was struck and killed by a train in Habarana, marking the start of a tragic series of elephant–train collisions that continued throughout the year. In addition to these incidents, the nation mourned the deaths of well-known elephants such as Bathiya and Kandalame Hedakaraya, among many others. As the year drew on, further distressing reports emerged, including the case of an injured elephant that was burnt with fire, an act of extreme cruelty that ultimately led to its death. By the end of the year, Sri Lanka recorded the highest number of elephant deaths in Asia.
This sorrowful reality stands in stark contrast to Sri Lanka’s ancient spiritual heritage. Around 250 BCE, at Mihintale, Arahant Mahinda delivered the Cūḷahatthipadopama Sutta (The Shorter Discourse on the Simile of the Elephant’s Footprint) to King Devanampiyatissa, marking the official introduction of Buddhism to the island. The elephant, a symbol deeply woven into this historic moment, was once associated with wisdom, restraint, and reverence.
Yet the recent association between Mihintale and elephants has been anything but noble. At Mihintale an elephant known as Ambabo, already suffering from a serious injury to his front limb due to human–elephant conflict (HEC), endured further cruelty when certain local individuals attempted to chase him away using flaming torches, burning him with fire. Despite the efforts of wildlife veterinary surgeons, Ambabo eventually succumbed to his injuries. The post-mortem report confirmed severe liver and kidney impairment, along with extensive trauma caused by the burns.
Was prevention possible?
The question that now arises is whether this tragedy could have been prevented.
To answer this, we must examine what went wrong.
When Ambabo first sustained an injury to his forelimb, he did receive veterinary treatment. However, after this initial care, no close or continuous monitoring was carried out. This lack of follow-up is extremely dangerous, especially when an injured elephant remains near human settlements. In such situations, some individuals may attempt to chase, harass, or further harm the animal, without regard for its condition.
A similar sequence of events occurred in the case of Bathiya. He was initially wounded by a trap gun—devices generally intended for poaching bush meat rather than targeting elephants. Following veterinary treatment, his condition showed signs of improvement. Tragically, while he was still recovering, he was shot a second time behind the ear. This second wound likely damaged vital nerves, including the vestibular nerve, which plays a critical role in balance, coordination of movement, gaze stabilisation, spatial orientation, navigation, and trunk control. In effect, the second shooting proved far more devastating than the first.
After Bathiya received his initial treatment, he was left without proper protection due to the absence of assigned wildlife rangers. This critical gap in supervision created the opportunity for the second attack. Only during the final stages of his suffering were the 15th Sri Lanka Artillery Regiment, the 9th Battalion of the Sri Lanka National Guard, and the local police deployed—an intervention that should have taken place much earlier.
Likewise, had Ambabo been properly monitored and protected after his injury, it is highly likely that his condition would not have deteriorated to such a tragic extent.
It should also be mentioned that when an injured animal like an elephant is injured, the animal will undergo a condition that is known as ‘capture myopathy’. It is a severe and often fatal condition that affects wild animals, particularly large mammals such as elephants, deer, antelope, and other ungulates. It is a stress-induced disease that occurs when an animal experiences extreme physical exertion, fear, or prolonged struggle during capture, restraint, transport, or pursuit by humans. The condition develops when intense stress causes a surge of stress hormones, leading to rapid muscle breakdown. This process releases large amounts of muscle proteins and toxins into the bloodstream, overwhelming vital organs such as the kidneys, heart, and liver. As a result, the animal may suffer from muscle degeneration, dehydration, metabolic acidosis, and organ failure. Clinical signs of capture myopathy include muscle stiffness, weakness, trembling, incoordination, abnormal posture, collapse, difficulty breathing, dark-coloured urine, and, in severe cases, sudden death. In elephants, the condition can also cause impaired trunk control, loss of balance, and an inability to stand for prolonged periods. Capture myopathy can appear within hours of a stressful event or may develop gradually over several days. So, if the sick animal is harassed like it happened to Ambabo, it does only make things worse. Unfortunately, once advanced symptoms appear, treatment is extremely difficult and survival rates are low, making prevention the most effective strategy.
What needs to be done?
Ambabo’s harassment was not an isolated incident; at times injured elephants have been subjected to similar treatment by local communities. When an injured elephant remains close to human settlements, it is essential that wildlife officers conduct regular and continuous monitoring. In fact, it should be made mandatory to closely observe elephants in critical condition for a period even after treatment has been administered—particularly when they remain in proximity to villages. This approach is comparable to admitting a critically ill patient to a hospital until recovery is assured.
At present, such sustained monitoring is difficult due to the severe shortage of staff in the Department of Wildlife Conservation. Addressing this requires urgent recruitment and capacity-building initiatives, although these solutions cannot be realised overnight. In the interim, it is vital to enlist the support of the country’s security forces. Their involvement is not merely supportive—it is essential for protecting both wildlife and people.
To mitigate HEC, a Presidential Committee comprising wildlife specialists developed a National Action Plan in 2020. The strategies outlined in this plan were selected for their proven effectiveness, adaptability across different regions and timeframes, and cost-efficiency. The process was inclusive, incorporating extensive consultations with the public and relevant authorities. If this Action Plan is fully implemented, it holds strong potential to significantly reduce HEC and prevent tragedies like the suffering endured by Ambabo. In return it will also benefit villagers living in those areas.
In conclusion, I would like to share the wise words of Arahant Mahinda to the king, which, by the way, apply to every human being:
O’ great king, the beasts that roam the forest and birds that fly the skies have the same right to this land as you. The land belongs to the people and to all other living things, and you are not its owner but only its guardian.
by Tharindu Muthukumarana ✍️
tharinduele@gmail.com
(Author of the award-winning book “The Life of Last Proboscideans: Elephants”)
-
News5 days agoInterception of SL fishing craft by Seychelles: Trawler owners demand international investigation
-
News5 days agoBroad support emerges for Faiszer’s sweeping proposals on long- delayed divorce and personal law reforms
-
Opinion2 days agoThe minstrel monk and Rafiki, the old mandrill in The Lion King – II
-
Features2 days agoThe Venezuela Model:The new ugly and dangerous world order
-
Latest News1 day agoRain washes out 2nd T20I in Dambulla
-
News4 days agoPrez seeks Harsha’s help to address CC’s concerns over appointment of AG
-
Business20 hours agoSevalanka Foundation and The Coca-Cola Foundation support flood-affected communities in Biyagama, Sri Lanka
-
News6 days agoPrivate airline crew member nabbed with contraband gold
