Opinion
Protection of the state from terrorism act:a critique of the current proposal
I. Background to the Government Proposal
The Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979, (PTA), has been vigorously assailed for 45 years as the anchor of a legislative regime which is destructive of basic political and civil rights. It has gained ignominy as an instrument for denial of justice in diverse contexts and also placed in jeopardy, internationally, the prestige of our country as a vibrant democracy. There have been legislative interventions from time to time by Act No. 10 of 1982 and Act No. 22 of 1988.
By 2022, it was clear that the momentum of reform had to be accelerated. As Minister of Foreign Affairs at the time, on 22 March 2022, I introduced in Parliament, and secured the passage of, a series of amendments to the PTA. This was in the form of Act No. 12 of 2022. These amendments had as their principal objective, shortening the maximum period of permissible detention without trial, enhancing judicial oversight of detention, access to legal representation and communication, expediting of trials, liberalizing the law relating to bail, and invocation of the jurisdiction of the Supreme Court in fundamental rights applications.
I made it clear in Parliament that this was only a preliminary step confined to the introduction of urgent amendments to address immediate concerns. The ultimate aim, I informed Parliament, was not ad-hoc modification of the existing law, but the enactment of all-encompassing, fresh legislation. Towards this end, a comprehensive review was underway with participation by the Ministries of Defence, Justice, and Foreign Affairs, and the Attorney General’s Department.
At the 50th session of the Human Rights Council on 13 June 2022, as Foreign Minister of Sri Lanka, I gave a firm assurance in Geneva that, pending this overhaul of the applicable legislation, there would be a de facto moratorium on use of the PTA. Although the Inspector General of Police had issued instructions accordingly at the time, unfortunately, after successive changes of government, this undertaking was not adhered to.
Three attempts have been made by different governments to enact complete legislation on terrorism. These were the Counter-Terrorism Act gazetted in September 2018, and two versions of an Anti-Terrorism Act in March and September 2023. On account of strong public resistance, none of these found their way into the statute book.
The current draft, Protection of the State from Terrorism Act, (PSTA), which has been in the making for almost a year, was published in December 2025. Notwithstanding the high level of expectation which it had generated, regrettably, the draft Bill fails, in fundamental respects, to advance the law towards justice and freedom.
II. Issues of Definition and Scope
One of the main weaknesses of the draft legislation is that it is entirely unsuccessful in addressing the pivotal issue of the legitimate boundaries of an extraordinary system of criminal liability which displaces seminal rights inherent in the Rule of Law. In all democratic cultures, it is recognized that imperatives of security in extreme circumstances call for measures incompatible with guarantees of freedom upheld by the regular law. The lines of demarcation, however, are of overriding importance. From this standpoint, the proposed legislation is a singular disappointment.
Structurally, in its very foundation, it contravenes criteria imposed by international human rights law. This is starkly evident in the approach of the draft Bill to definition of the mental ingredient in terrorism-related offences, one of the critical factors in containing liability within appropriate limits.
International law requires, in this context, a hybrid mental requirement consisting of a dual-layered intention to cause death, serious bodily harm, or taking of hostages but necessarily combined with the calculated intention of bringing about a reign of terror and intimidating the public. Both elements are compulsory requisites of liability for a terrorism-related offence. This fundamental postulate is breached by the proposed legislation which adopts the approach of requiring direct intention or knowledge in respect of the first element [section 3(1)], but regards the second as an oblique inference from a “consequence” such as the death of a person, hurt or hostage taking [section 3(2)]. Dramatic lowering of the threshold of responsibility by this mode of definition strikes at the root of the value system entrenched in international law.
The draft legislation creates no fewer than 13 categories of acts carrying the taint of terrorism. The compelling objection to this extensive catalogue is that it blurs the distinction between ordinary criminal acts and the stringently limited category of acts involving terrorism. The first, and indispensable, requirement of legislation in the latter field is that of clear and unambiguous definition with no scope for elasticity of interpretation. By vivid contrast, the draft law contains a multitude of offences which find their proper place in the Penal Code and other regular legislation, but are by no means necessarily susceptible to the label of terrorism. Egregious examples are serious damage to any place of public use or any public property; the offence of robbery, extortion, or theft; and serious obstruction or damage to, or interference with, any electronic, automated, or computerized system [section 3(2)].
The inclusion of these offences in a counter-terrorism law, given the empirical experience of the past, is no less than an invitation to abuse of the system for collateral purposes, with the distinct prospect of danger to cherished democratic freedoms in such vital areas as communication and assembly. This is especially so, because the types of intention envisaged subsume so vague a purpose as “compelling the government of Sri Lanka or any other government or an international organization to do or to abstain from doing any act” [section 3(1) (c)]. The peril is obvious to entirely legitimate forms of protest and agitation. It must be remembered that the penalty applicable is rigorous imprisonment extending up to 20 years and a fine not exceeding 20 million rupees [section 4(b)].
This clearly threatening feature is aggravated by other characteristics of the draft Bill. Several are worthy of note.
(i) Ancillary offences are framed in such broad terms as to inject a deterrent effect in respect of exercise of individual and group rights enshrined by the Constitution. Section 8(1), according to its marginal note, purports to deal with acts “associated with terrorism”, a vague and catch-all phrase. The text of this provision imposes liability on a person who is “concerned in” the commission of a terrorist offence. “Encouragement of Terrorism”, the title of section 9, is manifestly overbroad. Its ambit, encompassing all forms of “indirect encouragement”, would sweep within its purview, for instance, a large swath of the activity associated with the Aragalaya in 2022, which brought about a change of government.
There is unmistakable exposure for all forms of social activism. Section 10, entitled “Dissemination of Terrorist Publications”, goes so far as to bring within the net of liability for terrorism any person who “provides a service to others that enables them to obtain, read, listen to, or look at a terrorist publication or to acquire it”. The whole range of mainstream and social media is indisputably in jeopardy.
(ii) There are other obnoxious aspects, as well. The draft law makes generous use of the idea of “recklessness”, as in the context of publication of statements and uttering of words (section 9), and in the dissemination of publications (section 10). This is a state of mind alternative to intention; but the concept of “recklessness” is operative within very narrow confines in criminal jurisprudence. This is yet another lever for expansion of liability beyond the class of terrorist offences, properly so designated.
(iii) A feature of the proposed law, open to even more cogent objection, is the extension of this draconian form of liability, carrying condign punishment, to mere omissions. This is the effect of section 15, which makes failure to provide information a terrorist offence. The trend in the modern criminal law is markedly hostile to widening the boundaries of liability to situations in which the accused has only refrained from commission of an act. One of my own mentors, Professor Glanville Williams of Cambridge University, described by Professor Sir Rupert Cross, at the time Vinerian Professor in the University of Oxford, as the greatest criminal lawyer in the United Kingdom since Sir Fitzjames Stephen, has consistently opposed, in principle, the attribution of criminal liability, let alone liability for terrorist offences, to mere omissions. In conjunction with all the other instruments embedded in the draft, this expedient places in the hands of a politically motivated Executive a ready means for indiscriminate application of terrorist sanctions, to the detriment of enjoyment of rights taken for granted in a democratic society.
(iv) Section 3(4), which purports to confer a measure of protection on such activity as protests, advocacy of dissent, or engagement in strikes, by a provision that such activity, by itself, is not to be regarded as a sufficient basis for inference of terrorist intent, has an illusory character. While engendering a sense of comfort, its applicability is negated by parallel provisions which enable imposition of liability, for example, on the ground of alleged intent to bring compulsive pressure to bear on the State [section 3(1)(c)]. Uncertainty created by the conflict between these provisions places at unacceptable risk the ethos of democratic safeguards.
III. Overreach of the Executive Arm for Arrest and Detention
Broadening of categories of terrorist offences beyond legitimate limits presages an imminent danger. This takes the form of authority conferred on the Executive, represented by such officials as the armed forces, the police, and coast guard personnel, to resort to action which erodes the rudiments of liability. The wider the ambit of terrorist offences, the ampler is the power available to these officials to invade the substance of freedom by action to enter the homes of citizens, interrogate persons, seize documents, carry out stop and search operations on public highways, and engage in other forms of harassment. The current draft has no hesitation in conferring these powers in the fullest measure.
(i) Detention Orders
This is one of the features of the PTA of 1979, which attracted trenchant criticism for more than four decades. In terms of section 9(1) of that Act, the Minister of Defence was invested with power to issue detention orders for a maximum period of three months in the first instance, capable of extension for periods not exceeding three months at a time, subject to an aggregate period of detention not exceeding 18 months. Significantly, corresponding provision is contained in the current draft which empowers the Secretary to the Ministry of Defence to issue detention orders [section 29(2)] at the behest of the Inspector General of Police or a Deputy Inspector General of Police authorized by the IGP [section 29(1)].
The only difference is with regard to the period of detention. According to the new draft, the detention order cannot be extended for a period in excess of two months at a time, and the aggregate period is a maximum of one year. Subject to this marginal variation, the perils of the instrument of a detention order continue, unabated.
What is especially disquieting are the grounds specified in the draft for issuance of a detention order. There are four grounds spelt out. Among these is “to facilitate the conduct of the investigation in respect of the suspect” [section 3(a)]. This is wide enough to permit the most flagrant abuse. A provision, so flexibly phrased, allows detention without judicial review. Due process, required by the regular criminal justice system, is supplanted by a regime antithetical at its core to the fundamentals of the Rule of Law.
Our country has had a distressing record of torture and extrajudicial executions in custodial settings. The recurring feature is that these atrocities have typically taken place in non-judicial custody. In the face of this reality and in cynical disregard of sustained protests against this obvious avenue of abuse, the present draft complacently leaves wide open this convenient window. This is done by section 30(1) which accords official sanction to “approved places of detention”. The accumulated harrowing experience of the past has totally escaped attention.
Despite largely cosmetic concessions, the victims of detention orders within the framework of the proposed legislation, no less than under previous statutory regimes, remain substantially at the mercy of the Executive.
The exhortation in section 36 that “Every investigation shall be completed without unnecessary delay” amounts to no more than a pious aspiration, in the absence of a mandatory maximum period stipulated for investigations. Moreover, even when the investigation, potentially open-ended, has been completed and a report submitted to the Magistrate, the Magistrate’s power to discharge the suspect is rigidly curtailed. This is because a judicial order for discharge is possible in terms of section 36(3) only when an allegation against the suspect is not disclosed on the face of the report. There is telling irony in this situation.
The loophole is one through which the Executive is able to drive a coach and six with the greatest ease. Practical experience demonstrates conclusively that, in situations indicative of the most grotesque abuse in the past, the courts were confronted not with the total absence of an allegation, but rather with a clumsy, trumped-up allegation defying credibility. In this, the typical case, the proposed legislation chooses to leave the Magistrate with no jurisdiction to grant urgently needed relief.
The most hazardous provision of all is one which enables a suspect, already in judicial custody, to be transferred to police custody in pursuance of a detention order issued by the Defence Secretary. It is this power, fraught with dire consequences, that the new draft, in section 39(1), seeks to confer. This power can be invoked on the disingenuous pretext that the suspect, prior to being arrested, had committed an offence of which the officer in charge of the relevant police station was unaware. While the desirable direction of movement is obviously from police to judicial custody, movement in the opposite direction is the strange result of this provision. Although interposition of a High Court Judge’s authority is envisaged, the exigencies of a security situation, urged with emphasis by the Executive, may well be difficult to resist in practice.
IV. Other Oppressive Interventions
(a) Restriction Orders
It is quite remarkable that other instruments of oppression which have attracted strenuous condemnation during the entire operation of the PTA, continue substantially intact.
Restriction orders offer an illustrative example. Any police officer of the rank of Deputy Inspector General of Police or above is given authority to make application to a Magistrate’s Court for a restriction order (section 64). The only contrast with the PTA is that, in terms of that regime, the Minister was empowered to make the order directly. In subsequent attempts at reform, this was clearly acknowledged as unacceptable, and in the amending legislation proposed but not enacted in September 2023, the initiative was that of the President and it was the High Court that had jurisdiction to issue the order.In comparison with this, the current proposal is regressive, in that the application is to be made by a police officer, (clearly at the behest of the Executive), and jurisdiction to issue the order is vested in a lower court.
In yet another respect, the present proposal is less satisfactory than the innovation proposed in 2023, in that desirable safeguards embedded in the latter, such as that the order sought should be “necessary” or “proportionate” [section 80(4)], are omitted from the present proposal. In this sense, the current draft is not merely stagnant but regressive, by abjuring salutary approaches to reform.
Restriction orders, without doubt, infringe basic rights corrosively. Their awesome scope contravenes core rights as to communication, association, employment, and travel [section 64(3)]. These erosions remain untouched as to intensity and range, except in respect of duration.While the PTA provided that a restriction order was to be in force for a period not exceeding 3 months, subject to further extensions of 3 months at a time, the maximum aggregate of such extensions being 18 months, the sole concession made by the present proposal is that the validity of a restriction order is limited to 1 month, and the aggregate period cannot exceed 6 months [section 64(9)].
(b) Proscription Orders
In this regard as well, the present proposal takes a step in the wrong direction. Proscription orders are a means by which the President exercises overarching power, simply by notification in the Gazette, to declare organizations illegal, with the consequence of preventing recruitment, meetings, and other activities, transactions in bank accounts, lobbying and canvassing, and publication of material (section 63). The period of application of a proscription order has an arbitrary and capricious quality: it is entirely at the discretion of the President and remains valid until rescinded [section 63(6)].
It is especially noteworthy that the legislative regime at present in force, the PTA, contains no provision whatever for the issuance of proscription orders. This purpose could be accomplished only by having recourse to regulations made under section 27(1) of the Act. Incorporation of this power in the substance of the principal Act itself was proposed in the draft legislation of 2023, which could not be enacted because of vehement resistance. The current proposal, curiously enough, sanctifies as part of the substantive Act, a dangerously fraught procedure which can, as of now, be resorted to only through subordinate legislation. The present draft, then, operates as a travesty rather than a palliative by pushing the law backwards. This hardly amounts to delivery on a promise that underpinned the year-long process which culminated in publication of the current proposal.
(c) Declarations Designating Prohibited Places
The bizarre reality, here again, is that the present proposal, far from expunging excrescences from the current law, actually adds further objectionable provisions which do not exist in the body of terrorist legislation today.
The much-maligned PTA does not include a provision empowering the Executive to declare places as “prohibited places”. This had to be done, if at all, under the aegis of legislation dealing with entirely different subject matter, for example, section 2 of the Official Secrets Act, No. 32 of 1955. Contrary to the professed objective, the new proposal, for the first time, introduces into terrorist legislation the conferment of power on the Defence Secretary to designate “prohibited places”.
The consequences are far-reaching, indeed: entry into a designated place, the taking of photographs and video recordings, and the making of drawings or sketches are all criminalized by the infliction of imprisonment for up to 3 years or a fine not exceeding 3 million rupees [section 66(8)]. This has a particularly chilling effect on journalists and media personnel; and it is the bequest of legislation professedly aspiring to enhance the contours of freedom.
V. Deprivation of Liberty by Insidious Pressure
One of the few positive elements of the new proposal is the deletion of provisions in the PTA dealing with the admissibility of confessions made to a police officer above the rank of an Assistant Superintendent [section 16(1) of the PTA]. Unfortunately, however, this benefit is largely detracted from by other provisions which constitute an onslaught on values intrinsic to the Rule of Law. Pre-eminent among these is the presumption of innocence and the postulate precluding denial of freedom except in full compliance with due process, both substantively and procedurally.
These sacrosanct values receive short shrift in the proposed law, which gives the Attorney-General overwhelming coercive powers in respect of deferment of criminal proceedings on the basis of an iniquitous quid pro quo. The Attorney-General is invested with authority to defer the institution of criminal proceedings for as long a period as 20 years on the footing of a “prior consensual agreement” between the Attorney-General and the suspect, subject to sanction by the High Court [section 56(1)].
It is entirely unrealistic to impute to this “agreement” any element of spontaneity or independent volition. The suspect finds himself under virtually irresistible pressure to acquiesce in any condition proposed, in order to obtain release from the stress and turmoil of a criminal trial potentially entailing the gravest penalties. The situation becomes wholly untenable when the condition takes the form of submission to “a specified programme of rehabilitation”. This is a euphemism for de facto incarceration under thinly-veiled duress without the interposition of a fair trial before a court of law.
VI. Conclusion
Far from making any contribution of value to restoration of balance between security and freedom, the proposed draft has the effect of reversing some of the recent gains of law reform in this field without offering anything significant by way of redeeming features. This is a statutory misadventure which can reflect no credit on the laws of our country.
By Professor G. L. Peiris ✍️
D. Phil. (Oxford), Ph. D. (Sri Lanka);
Former Minister of Justice, Constitutional Affairs and National Integration;
Quondam Visiting Fellow of the Universities of Oxford, Cambridge and London;
Former Vice-Chancellor and Emeritus Professor of Law of the University of Colombo.
Opinion
Undermining the democratic political framework
Aragalaya betrayed? ‘The treason of the intellectuals’ in the age of populism – Part II
The JVP/NPP conceptualisation of the ‘Jathika punarudaya’ (national renaissance) interpreted the Sri Lankan Renaissance as the aspiration to regain the moment we lost in the global modernisation project, which is believed to have emerged in the twentieth century as a result of the Western European Renaissance and Enlightenment imagination. Jathika punarudaya values modernity as the era of citizens based on a representative democratic model founded on a common social contract. It values human rights, civil rights, and political rights as the core of modernity. It values social interventions based on the values of social justice and collectivism. But is the current government acting on the basis of those renaissance beliefs that they claim to believe in?
This government came to power within the framework of bourgeois parliamentary democracy. However, the opposition alleges that the government is working to limit the right of the opposition to question the government’s actions within that framework, and within Parliament itself. The continued postponement of provincial council elections by the government has been criticized as a delay in the implementation of decentralised political power, especially in provinces inhabited by Tamils and Muslims.
The promise to abolish the executive presidency and restore a parliamentary-based political power structure continues to be postponed. This has drawn attention as a possible way to suppress trade union activities and intimidate political activists through repressive laws such as the Public Security Act and the Emergency Law, which are continuously implemented through the authoritarian use of the power of the executive presidency.
‘Honest party leadership,’ not the institutional system
The JVP, the core political party of the current government, which insists that its members are honest, claims that even if they violate certain rules and regulations in the course of governing, there is nothing wrong with it because it is not done for personal interest but for the common good. This implies that this government does not rely on rules, regulations, and a system of institutions built to last, but rather on the leaders of its own party, the JVP, whose leaders believe themselves to be honest. The system of institutions established on rules and regulations is for the rest of the people.
Attempts to subjugate institutions and public opinion to the government’s opinion
It is apparent that the government wants to implement its pre-designed agenda without any hindrance. To that end, the government is trying to subjugate all institutions and public opinion to its sole opinion. The most striking example of this approach is the government’s attempt to implement, without any genuine public discussion, neoliberal reforms formulated by previous governments regarding national education, which will have a decisive impact on the future of the country. The leadership brags that the proposed education reforms will be implemented as originally designed, regardless of any criticism or objections.
The government sets up committees at the local level claiming to represent the public, but people complain that they exclude anyone who does not conform to their way of thinking.
Freedom of expression
Civil rights activists say the current government’s continued use of the Online Safety Act, which was passed by the previous government despite public opposition, poses a serious threat to freedom of expression. Freedom of expression has been suppressed under the guise of legality. The government has made it a policy to summon and question individuals who criticise the government—even national-level politicians—at the CID. This amounts to intimidating its critics.
The government has not only broken its promises by failing to repeal the existing PTA but is also attempting to pass a new anti-terrorism law that local and international civil rights organizations have unanimously condemned as even more repressive. It has been stated that there is scope for the proposed new law to intensify the current use of anti-terrorism law as a weapon to suppress freedom of expression.
“The Arts Council has become an arts police!”
The latest instance of the government’s attempt to curb freedom of expression that has come under serious public criticism is the detention of four books by a Sri Lankan writer, Theebachelvan, who writes in Tamil, by Sri Lankan Customs when they were brought into the country from India. Later, a statement issued by the Director of Customs said that two of the novels would be released based on recommendations issued by the National Arts Council and the Literary Council, while the other two would not be released based on the recommendations of those boards and the Ministry of Defense.
The statement that “The Arts Council has become an arts police!” sums up the public protest that arose questioning the “legal and moral rights of the members of the Arts Council and the Literary Council who have received political appointments” to “measure and mark the boundaries of freedom of speech and expression at their own discretion” by giving such recommendations and assuming a power that they do not have.
Going beyond this general situation, the serious question that has been raised is: on what basis did Customs consider the views expressed in the two books by Theebachelvan that have been censored to be equivalent to the crime of ‘sedition’ under Section 120 of the Penal Code, which was cited as the reason for the detention? A related question is whether there is a connection between the allegation of sedition and the fact that the writer is a Tamil from Kilinochchi.
The irony here is the intervention of the current government’s Minister of Culture, the heads of the Arts Council under the Ministry of Culture, and its own literary sub-council in deciding this matter, along with the follow-up statements defending the government’s decision made by the same authorities, as well as by writers, artists, intellectuals, and academics who have been holding positions under the current government and those who have not.
There was strong public criticism that these individuals—who were believed to have held radical, liberal views on freedom of expression and ethnic rights before the current government came to power—have been appointed to various positions under the current government and now approve its repressive decisions in the name of ethnic reconciliation.
The following sentiments extracted from the comments made by Sumathy Sivamohan on her FB page, expressing her shock at a statement made by one of the leading Sinhala writers involved in making such statements, encapsulate the essence of the public criticism of the issue:
” I am shocked at [name of the person]’s words on the detainment of Theebachelvan’s works by Customs. … The radicalness, the liberalness, are just thin veneers of their Sinhala-only stances. …. Now, they talk of Reconciliation. Reconciliation via Repression. …. Reconciliation, my foot! …. reconciliation is in your head, I think …. [I am] outraged. But now, [I] am certain of one thing. This is the bluff and bluster of liberals. …. That [name of the person] and others think, when Sinhala people think there’s reconciliation, there’s reconciliation, smacks of very deep-rooted racism
I don’t understand the argument, ‘we have to protect this government’ sentiment, touted by many liberals, who in intimate circles voice criticism. And these are the same people who supported the LTTE too, when it suited them—their liberal Sinhala agendas. … Now, they are blubbering …. it is shocking, for it whisks the mask off the faces of these liberal faces. There is a side of Sinhala liberalism that slavishly supports sentiments pertaining to the LTTE. They are the same, they are all the same. Those radicals, those liberals, those everybody, who think because they are Sinhala they have superior knowledge of matters. Sickening.” (reproduced with permission). (To be continued)
by Kumudu Kusum Kumara
Opinion
The need to reform Buddhist ecclesiastical order
(The author is on X as @sasmester)
On 6 May 2026, I wrote an essay in this column titled, ‘Monks, the Law and the Future of the Buddhist Monastic Order.’ While my point of departure was the arrest of 22 Buddhist monks on narcotics charges, my focus was the need to treat everyone in this country equally before the law – including Buddhist monks. The fact that the Mahanayaka Theros had requested in a statement that the errant monks be thoroughly investigated and legally dealt with was encouraging given their usual silence in such cases. Now, another – and an even more visible case – has come to the fore. This time, the Chief Prelate of the Atamasthana, Venerable Pallegama Hemarathana Thero, has been accused of sexually abusing an underage girl from Anuradhapura. The National Child Protection Authority reported the facts of the incident that had been discovered to the Anuradhapura Magistrate’s Court on 8 May 2026, and the court subsequently ordered the arrest of the suspect monk and the girl’s mother. Anuradhapura Chief Magistrate has also imposed a foreign travel ban on the suspect monk.
But unlike with the 22 monks in the earlier case, the usual silence on the part of the Reverend Mahanayakas and other senior monks have descended upon Venerable Hemarathana’s case and the seeming non-equality before the law seems to prevail again – at least to some extent. This time, there are no public statements or meetings with the President to urge action to the ‘fullest extent of the law’ as was the case earlier. One must assume this is because the accused this time is a senior and influential prelate as opposed to a group of unknown young monks in the earlier case.
While his case was gathering momentum both in the courts and in public discourse, Ven Hemaratana promptly admitted himself to a comfortable private hospital in Colombo following the established path already followed by many affluent suspects. However, he was officially arrested on 8 May 2026. It is unfortunate that he resorted to this course of action rather than presenting himself to the prison authorities through the courts. This is because this action of anticipated privilege places him on par with all the powerful suspects in this country in recent times who have taken the same path. This is a matter of his own choice. My understanding is Venerable Hemarathana, after being arrested at the private hospital has been officially placed under remand and held in a government hospital under prison custody. While the law has worked here in terms of the arrest and the preceding action unlike numerous other occasions in recent decades when it comes to powerful individuals, many commentators claim it has still been somewhat slow. This perception also comes from the long history of negative experiences society has witnessed and the expectation of better delivery of justice under the watch of the present government. Overall, however, I think the procedure so far indicates a somewhat positive development given the unenviable history involving such high-profile cases in the past. But the public vigilance over the case should not diminish.
However, despite the typical silence within the formal Buddhist ecclesiastical establishment, there is considerable debate and often unmitigated noise mostly emanating from social media clamouring for the need for justice for the allegedly abused girl. If not for this noise, my sense is, the present case too might have been swept under the carpet as has been done many times before in similar circumstances.
But the social media clamour, despite its positive impact on pressuring government agencies towards action, has its own major failings. Many of these articulations have already decided upon Venerable Hemarathana’s guilt as if they had access to all the evidence in the case and have unparalleled legal expertise that would allow them to act as judge, jury and executioner in a court of public popularity. This approach itself is very dangerous. Irrespective of how we may feel about the case and the plight of the young girl who has been victimised in more ways than one, Venerable Hemarathana is still merely an accused or suspect. Nothing has been proven beyond any doubt in a court of law. Social media acting as an all-inclusive judicial mechanism is simply dangerous and unintelligent. The next victim can easily be any one of us for no good reason and the present social media trend-setters have already set the precedent.
The only sensible thing the social media and intelligent citizens, particularly Buddhists can do is not to make judgements in a situation where they simply cannot, but contribute to sensible and thoughtful debate and pressure the Buddhist establishment as well as the government to initiate urgent ecclesiastical reforms and ensure monks are treated exactly the same as all other citizens when they violate the law of the land. Hiding or protecting wrongdoers is not the solution as it will only make matters worse in the long run.
A somewhat comparative but limited global example is the Catholic Church which has faced extensive and recurring controversies regarding child sexual abuse across almost all continents, mostly as a vocal public discourse from the 1980s onward. It would be good to see how these controversies emerged and what happened.
The controversies in the United States emerged in 1985, 2002, 2018 even though it is the 2002 Boston Globe exposé that is considered the most damaging and became a global turning point indicating systemic institutional silence within the church. The controversies in Ireland emerged between the 1990s and 2009 mostly emanating from several government-commissioned reports that include the Ryan Report (2009) and Murphy Report (2009), which documented widespread physical and sexual abuse in Church-controlled institutions from 1936 to 1999, which concluded both the Church and state failed to protect children. Similar conservatories concerning the Catholic Church have emerged in Canada between the 1990s and 2015; in Australia between 2012 and 2018 as well as in other countries like Germany, Belgium, the Netherlands, France, Spain, Mexico and Chile.
What is important is these controversies created considerable public concern, characterised by a profound loss of institutional trust and demands for transparency. Crucially, these scandals fundamentally transformed the public perception of the Church and prompted significant legal and institutional reforms globally. This sense of public outrage, concern, demand for institutional reform and follow-up action is what is woefully lacking in Sri Lanka when it comes to the Buddhist monastic order.
But the Buddhist order certainly needs reform. And it needs such reform urgently and we must see these reforms in action without delay. Monastic orders should not be allowed to deal with or protect wrongdoers when they violate the law. Dealing with such situations should only be up to the legal and judicial system of the country.
Venerable Galkande Dammananda, in a YouTube interview with Saroj Pathirana on 18 May 2026 clearly noted that any member of the clergy who has violated the law should be dealt with by the law and it would simply be wrong not to do so. He was very clear in his explanation that no exemptions should be provided to monks. This basic legal and commonsense position which we seem to have forgotten in this country when it comes to powerful people in general and Buddhist monks in particular, should be the point of departure for reforming the Buddhist monastic order.
It would be instructive to understand the dilemmas faced by the Catholic Church globally if we are serious about getting Buddhist institutional network reformed. The crisis in the Catholic Church and its long-term neglect of justice and silence over wrongdoing ensured many people, particularly in countries like the United States distanced themselves from the church. Any inaction on the part of the Buddhist order and the government might lead the future of the Buddhist establishment in this direction too. One should not disregard the present unhappiness that is clearly visible and felt in society, mostly articulated in social media. These are mostly Buddhist voices.
We need to decide whether we want to reform our institutions and go forward or allow them to collapse and descend into chaos. The people should not forget that like any elected government, the Buddhist as well as other religious establishments survive on our collective kindness. And that kindness should not be based on blind and unintelligent faith. If they do not reform themselves and reinvent themselves, they certainly do not deserve our support.
Opinion
Is Russia collapsing?
On 6 May, the British establishment organ, The Economist published an essay, “Vladimir Putin is losing his grip on Russia” by “a former senior official in the Russian government.” The anonymous author stated that Vladimir Putin has driven Russia into a dead-end and that a structural shift has occurred, whereby “senior officials, regional governors and businessmen” have mentally detached themselves from the state’s actions, viewing the current trajectory as “his” war rather than “ours”.
According to this narrative, Vladimir Putin’s grip on power is weakening due to the collapse of a social contract based on economic stability, replaced by purposeless and heavy-handed repression as the war backfires, with the regime’s efforts to maintain control only accelerating its internal decay.
Nine days later, on 15 May, The Guardian published a similar article by Rajan Menon, professor emeritus of international relations at Powell School, City University of New York. Sri Lankan cognoscenti might know him as a Western establishment intellectual, repeating Eelamist claims about civilian casualties at Mullivaikkal.
Menon argues that Russia’s war in Ukraine has become a grinding, attritional conflict that Vladimir Putin cannot end easily, even though the costs to Russia are enormous (the author quotes a figure of an estimated 1.3 million Russian troops dead or wounded). He says Russia’s GDP numbers look superficially strong, but this is misleading as there is no real prosperity: growth is driven by weapons production, with longterm development sacrificed for shortterm war needs, resulting in worsening labour shortages and rising inflation and budget deficits.
Putin cannot admit failure or seek compromise, Menon posits, because he has framed the war as existential, any retreat undermining his authority and the system he built. The author portrays a Russia of crushed dissent, pervasive propaganda, and general resignation to the war continuing indefinitely. He concludes that the Kremlin, locked into a costly, prolonged conflict, prefers escalation and endurance over negotiation, even if the war is unsustainable in the long run.
Both stories received wide coverage in the media, from Fortune to the right-wing Irish Times. Meanwhile, several other British media outlets ran similar stories. On 9 May, the BBC’s “From our own correspondent” reported that Putin faced rising unpopularity. “Putin faces Hitler-style downfall & could wind up dead in a bunker…” screamed the headline in the down-market Murdoch mouthpiece, The Sun the next day. The only slightly more respectable Daily Telegraph ran with “Paranoid Putin’s war is unravelling” on 13 May. Throughout this period the unhinged Daily Mail ran regular rant-pieces against Putin.
On 17 May, The Economist followed up with an article headlined, “Russia is starting to lose ground in Ukraine,” which claimed “… the tide of the conflict looks to be turning. Russia’s death toll remains extraordinarily high, and its spring offensive has stalled.”
Critical examination of the content of these articles can be quite revealing. For example, those “extraordinarily high” Russian casualty figures – supposedly ten times higher than Ukraine’s. Canadian analyst Alexandre Robert revealed the only comprehensive (name-by-name) tabulation of the relative casualties in the conflict on his History Legends YouTube channel. He calculated that by the end of February 2026, 170,537 Ukrainian military personnel had been killed, compared to 155,725 Russians. While these totals are high (the Ukrainian figures are considerably higher than Western estimates), the Russian casualties are much lower than estimated by Western or Ukrainian sources.
The result has been a manpower shortage on both sides. Russia mobilises men aged 18-30, targeting 261,000 annually, but only achieving about half this. For Ukraine, draft evasion in huge numbers, and nearly 300,000 soldiers deserting or going AWOL intensifies the problem, driven by exhausted frontline units, reduced voluntary enlistment, overstretched training pipelines, and public unease with mobilisation. The Ukrainian authorities have resorted to coercive, heavy-handed mobilisation practices, often seizing civilians on the street. The drafting age is 25-60, but Ukrainian men between 18-60 may not leave the country. Men aged 18-24 may be drafted if they have received training.
While Western analysts argue that Ukraine faces an acute shortage of trained, deployable infantry, they think that Russia maintains numerical mass but at sharply lower quality, relying on poorly trained mobilised reservists, prison recruits, and highattrition assault tactics. In this framing, Ukraine’s problem is a structural deficit of ready soldiers, whereas Russia’s is a quality and cohesion deficit, producing a “mass versus skill” dynamic that shapes the war’s tempo and casualty patterns.
Of course, they base this on a presumption of enormous Russian casualties due to “massed assaults.” In fact, in the face of massive enemy drone presence, the Russians developed tactics of infiltration by small teams of up to eight men, who go deep into enemy-held territory, from which they direct artillery fire and drone attacks on enemy positions. Using these tactics, they began capturing more territory, and an element of movement was added. This meant greater exposure to drones, raising casualty rates.
The Russian advances tend to be in short bursts, to minimise casualties. In contrast, the Ukrainians tend to make long rushes forward, taking more losses. Recently, they have adopted Russian infiltration tactics, making considerable progress in counterattacks. However, the Russians’ superiority in weapons and equipment means they recapture the territory lost fairly quickly.
The Russians fire about 10,000-20,000 artillery shells per day, compared to just 2,000 for the Ukrainians (spiking at 5,000 during offensives). Most of the Russian shells are manufactured domestically, the rest coming from North Korea and Iran. Ukraine is dependent upon its NATO allies, whose production is boosted by purchases from South Korea, South Africa, Turkey, and possibly indirectly from Pakistan and India.
Even more importantly, Russia uses 3,000-5,000 drones per day, while Ukraine launches 2,000-3,000 (spiking at 5,000 during offensives). Drones now cause an estimated 70% of battlefield losses, and the conflict has moved from “artillery-centric” to “drone-centric.” Both Ukraine and Russia build their own drones. But Russia is winning the war of attrition.
While The Economist has suggested otherwise, Russia’s spring offensive has not “stalled” amid “extraordinarily high” losses. The Russians paused operations waiting for the end of Easter and Victory Day ceasefires. Their spring offensive started getting into gear after Victory Day.
Economically, the war has been biting into Russian GDP growth, which declined from about 3.6% in 2023 to about 1.4% in 2025. However, manufacturing, driven by war production, has been growing at about 4% annually – although non-war-related production remains flat. Exports grew to US$ 30 billion in February and may be far higher due to the price escalation of petroleum following Trump’s war on Iran. Unemployment is at a historic low of 2%. Russia is tackling the resultant labour shortage through immigration of skilled workers from India, Bangladesh and China, with Sri Lanka also mentioned in the mix. Inflation is down to 5% from over 8% in 2023. So, economic stagnation is not a concern.
What about the issue of Putin’s popularity? The opinion polls have been consistent, with Putin having an approval rating of 65-85%. While most people expect the war to end in 2026, they favour escalation in the event of it extending. So, whence arises the Western perception of Putin’s fragility? A 23 February article by Peter Rutland and Elizaveta Gaufman in The Conversation says that signs of erosion and underlying fragility are increasingly visible beneath the surface. Of course, both of these academics – like Rajan Menon – have Cold War biases.
Why this sudden outburst of anti-Putin negativity? One much-commented-on aspect of the mainstream media of the West is the extent to which it sticks uniformly to the same narrative. For example, the media campaign which accused the then Labour Party leader, Jeremy Corbyn falsely of anti-Semitism included almost the entire mainstream media, including The Economist and The Guardian. So, this seems to be the beginning of a new propaganda campaign against Putin.
Of course, “Putin is losing his grip” nor “Putin’s undoing” are not rare phrases in the Western media. For example, “A war in Ukraine … could even prove Vladimir Putin’s undoing,” read a Facebook post by The Economist on 30 January 2022. Now, it says, “Putin is Hitler.” None other than former US Secretary of State Hillary Clinton equated Putin to Hitler in 2014.
The Western media may have launched this propaganda offensive because of the globally popular perception that Putin emerged a victor in the US-Israeli war on Iran. The West as a whole, its alliances fractured by popular opinion, faces humiliation. Revealing the truth about the Ukraine War – that Russia has captured nearly the entire Donbass region, its main strategic aim – might cause people to question the entire modus operandi of the Western powers.
While the political space exists in NATO countries to continue backing Ukraine, Ukrainian expectations are higher than what the publics of these countries would support. Deepening involvement (which Ukraine requires to stave off defeat) would likely face more resistance. The old consensus is breaking down.
By Vinod Moonesinghe
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