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Rolling out holistic solution to perennial problem of laws’ delays

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Speech delivered by

M.U.M. Ali Sabry, PC 

Minister of Justice

at the 47th Annual Convocation of the Bar Association of Sri Lanka on the 27t March 2021 at the BMICH.

Your Lordship the Chief Justice, Hon. Attorney General, Your Lordships the judges of the superior courts, the President of the Bar Association and outgoing President, Committee members and my learned friends.

It is a pleasure to be here today, amongst the familiar faces I am used to seeing across the bar table for many years.

Firstly, I would like to extend my warmest congratulations to Mr. Saliya Peiris, President’s Counsel who won the election as well as the newly appointed members of the Exco. The bar has chosen you as its leader, and I wish you the strength and the determination in performing this important task. You carry on your shoulders the responsibility of guiding this noble profession in the years to come, and I have no doubt that you will continue to maintain the traditions of the bar whilst ensuring that the bar remains apolitical and stands up for the rule of law without fear or favour.

The last year has been a tough one, to say the least, and it is commendable that the BASL throughout this period was actively involved in finding solutions to ongoing problems, and was supportive of its members, the judicial administrative staff and litigants. You have done a great job, and I hope to see the good work continue.

The legal profession is one which has no equal. I say this because, there rests on the profession and with it the Bar Association a heavy responsibility to the citizens of this country, and to the country itself. It has a vital role in protecting the rule of law, maintaining the independence of the judiciary and protecting the sovereignty of the country. This responsibility is not a passive one, it is a positive one where there is a need for the legal profession to be at the forefront of positive social change.

To put this in context, as Judge Sanji Monageng, the First Vice-President of the International Criminal Court, in a speech delivered at the The Hague, on 20 November 2012 stated that:

“…the rule of law and the proper administration of justice, of which an independent judiciary and legal profession are prerequisites, play a central role in the promotion and protection of human rights.”

This role has been universally recognized even by the United Nations as enunciated in Principle 16 of the United Nations Basic Principles on the Role of Lawyers.

Lawyers therefore form a core part of the judicial arm of the state. It would be easy to assume by its very wording that the judicial arm consists of judges and courts, but that assumption would be far from the truth. After all, what would be the use of the biggest courthouses or the best judges if the parties can’t be heard? Lawyers are by their very nature officers of court and on many levels the gatekeepers to justice.

The journal article titled “ABA Canons of Professional Ethics” published by the American Bar Association, addressed this very important point. It stated that:

“the stability of Courts and of all departments of government rests upon the approval of the people, it is peculiarly essential that the system for establishing and dispensing Justice be developed to a high point of efficiency and so maintained that the public shall have absolute confidence in the integrity and impartiality of its administration. The future of the Republic, to a great extent, depends upon our maintenance of Justice pure and unsullied.

Thus, the role of a lawyer is not merely one of representing or advising clients for payment. It comes with a high level of responsibility, an overriding need for ethical behaviour, a sense of justice and a national duty. There is an overarching need for the public to have confidence and trust that justice is dispensed from the justice system. In this context, the legal profession has a duty of instilling and maintaining this public confidence and trust in the system.

Looking at the rich history of the legal profession in Sri Lanka, we can be proud of its independence, its contribution to legal jurisprudence and the persons who have come from it over the decades. We have produced world-class lawyers, jurists and judges and have contributed at a disproportionately high level to international law considering the size of our profession.

It would be easy to rest on these laurels and reminisce, and also to be content with the legal profession and the justice administration system as it currently stands, but I believe we need to have a serious reality check. I wasn’t certain that today would be the most suitable place to bring this up, but this is the first opportunity I am getting to talk to my colleagues, the representatives of the judiciary and the official and unofficial bar at the same forum. Therefore, I did not want to miss this opportunity to discuss what, in my opinion, should be front and centre of our journey over the next few years.

As I have mentioned before,

-the average time to enforce a contract in Sri Lanka is 1318 days

-We have been ranked 161 out of 189 countries for the enforcement of contracts

-Our legal system is ranked 5th out of 8 in South Asia.

-Land, Partition and Testamentary cases on average take a generation to be settled.

-A criminal trial takes on average 9 ½ years to conclude in the High Court.

-A criminal matter on average will take a year to be fixed for appeal and 3-4 years for the said appeal to be completed.

We are all very aware that the underlying issues in delay, amongst other matters, is the sheer number of cases before court, and the massive backlog which in turn has resulted in litigation stagnating.

At the end of 2019, there were a total of 766,784 cases pending in our courts, and we had approximately 350 judges to hear these cases. Let us ask ourselves the obvious question – how on earth is an individual judge supposed to manage such a caseload? Even if they were to work 16 hours a day, 7 days a week there would be no logical way to get through this backlog within any reasonable period of time. The outdated laws and the lack of appetite for innovative steps and technological advancement has only served to make matters worse.

This overburdening of judges is reflected in our score on the ‘judges per 1 million population’ index. Countries such as Russia have 242 judges per 1 million population, Germany has 230 and Thailand has 68. India which has been relentlessly criticized for its low number of judges has 20 per million. And our number? 15. Just 15 judges per million population. A reflection of how much of a monumental and humanly impossible task we are expecting our current judiciary to achieve.

These indicators are not just an academic exercise – they reflect the ground reality of the current state of the administration of justice in our country. On a domestic level, the results are quite obvious – how many times have we advised clients at consultations that they need to be ready for a ‘long-haul’ case, and in response to the question ‘how long?’ we have replied ‘years.’ We have been within this system for as long as we can remember, the fact that a case takes years, or the fact that the dates between two trial dates is months does not seem the least bit abnormal to us. We have become desensitized to the plight of our litigants and we do not feel the sting unless it’s one of our own personal cases.

 

This level of delay and inefficiency are not only inconvenient and unfair to the citizens, they have far reaching implications for the future of this Country. Investors are apprehensive about trusting their money in a place with high risk of loss in case of a dispute. Market research of the region prior to any investment would result in investors flocking to the countries high on these indexes, thus we are losing in the long term and we are losing big. Our neighbours understood this early on and started their own competitive drive to rank higher on these indexes and bring the issue of delay and inefficiency of the justice system under control. Take Pakistan for example – in 2018, they were ranked 147 in the ease of doing business index. By 2019, they managed to get to 136. However, from 2019 to 2020 they jumped a staggering 28 places and were ranked 108. This is a clear display of how commitment, focus and drive towards fixing the legal system can result in unthinkable results within a short period of time.

India too has been taking some dynamic strides in its modernization drive. It adopted e-filing earlier on during the pandemic and has commenced a push for digitization of its judicial administration system. In terms of corporate or connected litigation, the Ministry of Corporate Affairs has digitized its entire process and database to the extent that certified copies of Company documents can be obtained through an online process which is admissible evidence in Court.

The United Kingdom is establishing Online Courts which initially was due to the pandemic but will most certainly continue to develop and grow. They also started night sessions for Court hearings to clear the backlog.

In the last few years, Chinese courts have seen rapid developments in online dispute resolution platforms, specialized Internet courts, and the wide use of Artificial Intelligence across the case management and adjudication process in civil and criminal proceedings. They have also adopted other new technologies such as distributed ledgers, blockchain and smart contracts solutions which have been developed and rolled out in specialized courts.

Over the course of 2019, the Estonian Ministry of Justice developed and piloted an artificial intelligence software to hear and decide on small claims disputes less than €7,000.

This is the rapid level at which the other countries have progressed whilst we are still at a stage where cases in the District Court get postponed on multiple occasions, sometimes over a year because summons had not been served on the Post Office so that an employee can give evidence on one postal article receipt to establish that the letter of demand had been sent. Is that not, for lack of a better word, absurd?

Ever since I have taken over the office of the Minister of Justice one common issue is that most of who I meet, across the social and economic spectrum has a complaint about a case which has been pending for years. The Ministry is inundated almost every day with letters by litigants from all over the country complaining about laws’ delays.

We have been comfortable with the status quo for decades, and it’s time we realized that the status quo is just not working. Not only is it not giving any positive results, its actually dragging us backwards by destroying the public trust and confidence that is a pre-requisite for the judicial administration system of the country to function.

We must find a way out of this. It is time that we in Sri Lanka take a page out the books of these countries. It is encouraging that over the last few months we have taken steps towards achieving this. The E-hearing rules issued by the Supreme Court, the provisions made for E-filing as well as the adoption of giving bail online by the Magistrate’s Court are important steps in the right direction. This, however, is not going to be enough. It is vital that we look at a complete structural change from end to end and roll it out in a targeted and efficient way. We have to stop looking at the legal profession as one which exists solely for the sustenance of its members, but as one which plays a much more important role as a public centric body which is driving the justice system forward – one which is ready to innovate, to evolve and to take the right decisions at the right time to create a paradigm shift in the administration of justice. This shift should not be merely one which is a marginal improvement of numbers and statistics – it should be a shift which is felt at the ground level. One where litigants feel that litigation will bring them justice, and it will bring it to them faster than before.

Hence, it is a priority of the government to roll out a holistic solution to this perennial problem of laws’ delays and to resolve this issue.

One which would be a game-changer is to put in motion a practical strategy to take a massive leap in the efficiency of hearing cases. Sri Lanka has close to 800,000 pending cases at the moment and there is no strategy for them in terms of time to conclude. We have to bring in a practical timeline for a disposal of a case and work backwards and put the pieces of the puzzle together to achieve that goal. The future of litigation is in smaller smart courts which can parallelly hear a multitude of cases in a single location, whilst also allocating specific time slots for cases to avoid unnecessary delay to the litigant and lawyer.

In pursuance of this, we are determined to double the number of judges within the next 5 years. As you are aware, the House of Justice project was launched a few weeks ago, and we hope to have the first tower constructed within a short period of time. Pre-trial procedure is to be streamlined and revamped so that it would serve a key factor in cutting down litigation time. The establishment of a ‘Small Claims Court’ is being planned and Debt Conciliation and mediation are being considered as mainstream solutions working in tandem with the courts. One of the vital reforms that are coming in is Digitization and Court automation which is currently at the procurement stage.

There has also been key progress made over the last few months. The increase of Supreme Court and Court of Appeal judges was the first such increase in over 40 years. Justice sector reform has been allocated a record 20 billion from the budget which reflects the largest ever commitment by a government towards the reform of the justice sector. Just earlier this week I was informed by the Government Analyst’s Department that the backlog of outstanding reports numbering approximately 8000 had been cleared in the four months even in the midst of the pandemic due to a multi-pronged approach which we have introduced since then. The measures taken include increasing the cadre, working on two shifts, digitizing the expertise from other institutions and dedicated supervision by a sector specialist.

What this shows is that with commitment, a steel will and the ability to get out of your comfort zone unthinkable results can be achieved within very short periods of time. We should no longer think of fixing this system as a long drawn out, arduous process for our successors to deal with – we have to think of it as something we are capable of doing here and now.

It’s time we looked at moving away from our all too familiar 9.30 or 10.00 am start in Court where everyone sits around waiting for the case to be taken up. This is just not sustainable anymore, and it seriously cuts into the lawyers’ and litigants’ productivity. We should not be afraid to innovate and think out-of-the-box in terms of how we can solve the issues that are being faced – its time we look at case management and allocation of time slots for hearings. Its time we that we hear cases online and embrace technology to shorten delays in matters such as serving of summons and the proving of documents. We must think about reforming our legal system as a whole to be more technological – from sharing calendars to determine the dates of a hearing to the maintenance of records, we need to reduce the dependency on manual processes. Its time we adopted procedures and techniques such as skeleton arguments to cut down the time taken for a hearing. These are all steps that other countries have taken, for which they have been rewarded with judicial administration systems that have pushed their countries forward. My question to you is, If Singapore, Malaysia, Korea and so many others can reinvent themselves, why can’t we?

These reforms will be far reaching, and if they are seen through will permanently change the landscape of the profession and this country. We need to make this happen, and for that we need to work together towards this common goal. The process may not be a walk in the park, and it would certainly have some initial creases that to be ironed out, but if we can commit to what is needed to be done, I am certain we can pull this off. I am aware that the best of ideas and progress can fall to abeyance if you have to swim against the tide, which is why I hope that the bar and its members will cooperate with us to achieve this.

The road to make these changes may test our will, may require us to get out of our comfort zone, to go that extra mile and to commit to breaking the status quo.

Let us be remembered as the generation of lawyers and judges that took this country to the next level and the ones that put our justice system on the map. We have the opportunity to make the paradigm shift, and we must go for it with our heart and soul.

Let’s get this done.



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Features

When floods strike: How nations keep food on the table

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Floods in Colombo. Image couretesy WB

Insights from global adaptation strategies

Sri Lanka has been heavily affected by floods, and extreme flooding is rapidly becoming one of the most disruptive climate hazards worldwide. The consequences extend far beyond damaged infrastructure and displaced communities. The food systems and supply networks are among the hardest hit. Floods disrupt food systems through multiple pathways. Croplands are submerged, livestock are lost, and soils become degraded due to erosion or sediment deposition. Infrastructural facilities like roads, bridges, retail shops, storage warehouses, and sales centres are damaged or rendered inaccessible. Without functioning food supply networks, even unaffected food-producing regions struggle to continue daily lives in such disasters. Poor households, particularly those dependent on farming or informal rural economies, face sharp food price increases and income loss, increasing vulnerability and food insecurity.

Many countries now recognie that traditional emergency responses alone are no longer enough. Instead, they are adopting a combination of short-term stabilisation measures and long-term strategies to strengthen food supply chains against recurrent floods. The most common immediate response is the provision of emergency food and cash assistance. Governments, the World Food Programme, and other humanitarian organisations often deliver food, ready-to-eat rations, livestock feed, and livelihood support to affected communities.

Alongside these immediate measures, some nations are implementing long-term strategic actions. These include technology- and data-driven approaches to improve flood preparedness. Early warning systems, using satellite data, hydrological models, and advanced weather forecasting, allow farmers and supply chain operators to prepare for potential disruptions. Digital platforms provide market intelligence, logistics updates, and risk notifications to producers, wholesalers, and transporters. This article highlights examples of such strategies from countries that experience frequent flooding.

China: Grain Reserves and Strategic Preparedness

China maintains a large strategic grain reserve system for rice, wheat, and maize; managed by NFSRA-National Food and Strategic Reserves Administration and Sinograin (China Grain Reserves Corporation (Sinograin Group), funded by the Chinese government, that underpins national food security and enables macro-control of markets during supply shocks. Moreover, improvements in supply chain digitization and hydrological monitoring, the country has strengthened its ability to maintain stable food availability during extreme weather events.

Bangladesh: Turning Vulnerability into Resilience

In recent years, Bangladesh has stood out as one of the world’s most flood-exposed countries, yet it has successfully turned vulnerability into adaptive resilience. Floating agriculture, flood-tolerant rice varieties, and community-run grain reserves now help stabilise food supplies when farmland is submerged. Investments in early-warning systems and river-basin management have further reduced crop losses and protected rural livelihoods.

Netherlands, Japan: High-Tech Models of Flood Resilience

The Netherlands offers a highly technical model. After catastrophic flooding in 1953, the country completely redesigned its water governance approach. Farmland is protected behind sea barriers, rivers are carefully controlled, and land-use zoning is adaptive. Vertical farming and climate-controlled greenhouses ensure year-round food production, even during extreme events. Japan provides another example of diversified flood resilience. Following repeated typhoon-induced floods, the country shifted toward protected agriculture, insurance-backed farming, and automated logistics systems. Cold storage networks and digital supply tracking ensure that food continues to reach consumers, even when roads are cut off. While these strategies require significant capital and investment, their gradual implementation provides substantial long-term benefits.

Pakistan, Thailand, Indonesia, and Vietnam: Reform in Response to Recurrent Floods

In contrast, Pakistan and Thailand illustrate both the consequences of climate vulnerability and the benefits of proactive reform. The 2022 floods in Pakistan submerged about one-third of the country, destroying crops and disrupting trade networks. In response, the country has placed greater emphasis on climate-resilient farming, water governance reforms, and satellite-based crop monitoring. Pakistan as well as India is promoting crop diversification and adjusting planting schedules to help farmers avoid the peak monsoon flood periods.

Thailand has invested in flood zoning and improved farm infrastructure that keep markets supplied even during severe flooding. Meanwhile, Indonesia and Vietnam are actively advancing flood-adapted land-use planning and climate-resilient agriculture. For instance, In Vietnam’s Mekong Delta, pilot projects integrate flood-risk mapping, adaptive cropping strategies, and ecosystem-based approaches to reduce vulnerability in agricultural and distribution areas. In Indonesia, government-supported initiatives and regional projects are strengthening flood-risk-informed spatial planning, adaptive farming practices, and community-based water management to improve resilience in flood-prone regions. (See Figure 1)

The Global Lesson: Resilience Requires Early Investment

The global evidence is clear: countries that invest early in climate-adaptive agriculture and resilient logistics are better able to feed their populations, even during extreme floods. Building a resilient future depends not only on how we grow food but also on how we protect, store, and transport it. Strengthening infrastructure is therefore central to stabilising food supply chains while maintaining food quality, even during prolonged disruptions. Resilient storage systems, regional grain reserves, efficient cold chains, improved farming infrastructure, and digital supply mapping help reduce panic buying, food waste, and price shocks after floods, while ensuring that production capacity remains secure.

Persistent Challenges

However, despite these advances, many flood-exposed countries still face significant challenges. Resources are often insufficient to upgrade infrastructure or support vulnerable rural populations. Institutional coordination across the agriculture, disaster management, transport, and environmental sectors remains weak. Moreover, the frequency and scale of climate-driven floods are exceeding the design limits of older disaster-planning frameworks. As a result, the gap between exposure and resilience continues to widen. These challenges are highly relevant to Sri Lanka as well and require deliberate, gradual efforts to phase them out.

The Role of International Trade and global markets

When domestic production falls in such situations, international trade serves as an important buffer. When domestic production is temporarily reduced, imports and regional trade flows can help stabilise food availability. Such examples are available from other countries. For instance, In October 2024, floods in Bangladesh reportedly destroyed about 1.1 million tonnes of rice. In response, the government moved to import large volumes of rice and allowed accelerated or private-sector imports of rice to stabilize supply and curb food price inflation. This demonstrates how, when domestic production fails, international trade/livestock/food imports (from trade partners) acted as a crucial buffer to ensure availability of staple food for the population. However, this approach relies on well-functioning global markets, strong diplomatic relationships, and adequate foreign exchange, making it less reliable for economically fragile nations. For example, importing frozen vegetables to Sri Lanka from other countries can help address supply shortages, but considerations such as affordability, proper storage and selling mechanisms, cooking guidance, and nutritional benefits are essential, especially when these foods are not widely familiar to local populations.

Marketing and Distribution Strategies during Floods

Ensuring that food reaches consumers during floods requires innovative marketing and distribution strategies that address both supply- and demand-side challenges. Short-term interventions often include direct cash or food transfers, mobile markets, and temporary distribution centres in areas where conventional marketplaces become inaccessible. Price stabilisation measures, such as temporary caps or subsidies on staple foods, help prevent sharp inflation and protect vulnerable households. Awareness campaigns also play a role by educating consumers on safe storage, cooking methods, and the nutritional value of unfamiliar imported items, helping sustain effective demand.

Some countries have integrated technology to support these efforts; in this regard, adaptive supply chain strategies are increasingly used. Digital platforms provide farmers, wholesalers, and retailers with real-time market information, logistics updates, and flood-risk alerts, enabling them to reroute deliveries or adjust production schedules. Diversified delivery routes, using alternative roads, river transport, drones, or mobile cold-storage units, have proven essential for maintaining the flow of perishable goods such as vegetables, dairy, and frozen products. A notable example is Japan, where automated logistics systems and advanced cold-storage networks help keep supermarkets stocked even during severe typhoon-induced flooding.

The Importance of Research, Coordination, and Long-Term Commitment

Global experience also shows that research and development, strong institutional coordination, and sustained national commitment are fundamental pillars of flood-resilient food systems. Countries that have successfully reduced the impacts of recurrent floods consistently invest in agricultural innovation, cross-sector collaboration, and long-term planning.

Awareness Leads to Preparedness

As the summary, global evidence shows that countries that act early, plan strategically, and invest in resilience can protect both people and food systems. As Sri Lanka considers long-term strategies for food security under climate change, learning from flood-affected nations can help guide policy, planning, and public understanding. Awareness is the first step which preparedness must follow. These international experiences offer valuable lessons on how to protect food systems through proactive planning and integrated actions.

(Premaratne (BSc, MPhil, LLB) isSenior Lecturer in Agricultural Economics Department of Agricultural Systems, Faculty of Agriculture, Rajarata University. Views are personal.)

Key References·

Cabinet Secretariat, Government of Japan, 2021. Fundamental Plan for National Resilience – Food, Agriculture, Forestry and Fisheries / Logistics & Food Supply Chains. Tokyo: Cabinet Secretariat.

· Delta Programme Commissioner, 2022. Delta Programme 2023 (English – Print Version). The Hague: Netherlands Delta Programme.

· Hasanuddin University, 2025. ‘Sustainable resilience in flood-prone rice farming: adaptive strategies and risk-sharing around Tempe Lake, Indonesia’, Sustainability. Available at: https://www.mdpi.com/2071-1050/17/6/2456 [Accessed 3 December 2025].

· Mekong Urban Flood Resilience and Drainage Programme (TUEWAS), 2019–2021. Integrated urban flood and drainage planning for Mekong cities. TUEWAS / MRC initiative.

· Ministry of Agriculture and Rural Affairs, People’s Republic of China, 2025. ‘China’s summer grain procurement surpasses 50 mln tonnes’, English Ministry website, 4 July.

· National Food and Strategic Reserves Administration (China) 2024, ‘China purchases over 400 mln tonnes of grain in 2023’, GOV.cn, 9 January. Available at: https://english.www.gov.cn/archive/statistics/202401/09/content_WS659d1020c6d0868f4e8e2e46.html

· Pakistan: 2022 Floods Response Plan, 2022. United Nations / Government of Pakistan, UN Digital Library.

· Shigemitsu, M. & Gray, E., 2021. ‘Building the resilience of Japan’s agricultural sector to typhoons and heavy rain’, OECD Food, Agriculture and Fisheries Papers, No. 159. Paris: OECD Publishing.

· UNDP & GCF, 2023. Enhancing Climate Resilience in Thailand through Effective Water Management and Sustainable Agriculture (E WMSA): Project Factsheet. UNDP, Bangkok.

· United Nations Development Programme (UNDP), 2025. ‘Rice Bank revives hope in flood hit hill tracts, Bangladesh’, UNDP, 19 June.

· World Bank, 2022. ‘Bangladesh: World Bank supports food security and higher incomes of farmers vulnerable to climate change’, World Bank press release, 15 March.

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Can we forecast weather precisely?

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“Even the flap of a butterfly in one corner of the world could cause a cyclone in a distant location weeks later “Edward Lorenz - American mathematician and meteorologist.

Weather forecasts are useful. People attentively listen to them but complain that they go wrong or are not taken seriously. Forecasts today are more probabilistically reliable than decades ago. The advancement of atmospheric science, satellite imaging, radar maps and instantly updated databases has improved the art of predicting weather.

Yet can we predict weather patterns precisely? A branch of mathematics known as chaos theory says that weather can never be foretold with certainty.

The classical mechanics of Issac Newton governing the motion of all forms of matter, solid, liquid or gaseous, is a deterministic theory. If the initial conditions are known, the behaviour of the system at later instants of time can be precisely predicted. Based on this theory, occurrences of solar eclipses a century later have been predicted to an accuracy of minutes and seconds.

The thinking that the mechanical behaviour of systems in nature could always be accurately predicted based on their state at a previous instant of time was shaken by the work of the genius French Mathematician Henri Poincare (1864- 1902).

Eclipses are predicted with pinpoint accuracy based on analysis of a two-body system (Earth- Moon) governed by Newton’s laws. Poincare found that the equivalent problem of three astronomical bodies cannot be solved exactly – sometimes even the slightest variation of an initial condition yields a drastically different solution.

A profound conclusion was that the behaviour of physical systems governed by deterministic laws does not always allow practically meaningful predictions because even a minute unaccountable change of parameters leads to completely different results.

Until recent times, physicists overlooked Poincare’s work and continued to believe that the determinism of the laws of classical physics would allow them to analyse complex problems and derive future happenings, provided necessary computations are facilitated. When computers became available, the meteorologists conducted simulations aiming for accurate weather forecasting. The American mathematician Edward Lorenz, who turned into a reputed meteorologist, carried out such studies in the early 1960s, arrived at an unexpected result. His equations describing atmospheric dynamics demonstrated a strange behaviour. He found that even a minute change (even one part in a million) in initial parameters leads to a completely different weather pattern in the atmosphere. Lorenz announced his finding saying, A flap of a butterfly wing in one corner of the world could cause a cyclone in a far distant location weeks later! Lorenz’s work opened the way for the development branch of mathematics referred to as chaos theory – an expansion of the idea first disclosed by Henri Poincare.

We understand the dynamics of a cyclone as a giant whirlpool in the atmosphere, how it evolves and the conditions favourable for their origination. They are created as unpredictable thermodynamically favourable relaxation of instabilities in the atmosphere. The fundamental limitations dictated by chaos theory forbid accurate forecasting of the time and point of its appearance and the intensity. Once a cyclone forms, it can be tracked and the path of movement can be grossly ascertained by frequent observations. However, absolutely certain predictions are impossible.

A peculiarity of weather is that the chaotic nature of atmospheric dynamics does not permit ‘long – term’ forecasting with a high degree of certainty. The ‘long-term’ in this context, depending on situation, could be hours, days or weeks. Nonetheless, weather forecasts are invaluable for preparedness and avoiding unlikely, unfortunate events that might befall. A massive reaction to every unlikely event envisaged is also not warranted. Such an attitude leads to social chaos. The society far more complex than weather is heavily susceptible to chaotic phenomena.

by Prof. Kirthi Tennakone (ktenna@yahoo.co.uk)

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When the Waters Rise: Floods, Fear and the ancient survivors of Sri Lanka

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A fresh water tank as a Mugger habitat (Photo- Anslem de Silva)

The water came quietly at first, a steady rise along the riverbanks, familiar to communities who have lived beside Sri Lanka’s great waterways for generations. But within hours, these same rivers had swollen into raging, unpredictable forces. The Kelani Ganga overflowed. The Nilwala broke its margins. The Bentara, Kalu, and Mahaweli formed churning, chocolate-brown channels cutting through thousands of homes.

When the floods finally began to recede, villagers emerged to assess the damage, only to be confronted by another challenge: crocodiles. From Panadura’s back lanes to the suburbs of Colombo, and from the lagoons around Kalutara to the paddy fields of the dry zone, reports poured in of crocodiles resting on bunds, climbing over fences, or drifting silently into garden wells.

For many, these encounters were terrifying. But to Sri Lanka’s top herpetologists, the message was clear: this is what happens when climate extremes collide with shrinking habitats.

“Crocodiles are not invading us … we are invading floodplains”

Sri Lanka’s foremost crocodile expert, Dr. Anslem de Silva, Regional Chairman for South Asia and Iran of the IUCN/SSC Crocodile Specialist Group, has been studying crocodiles for over half a century. His warning is blunt.

“When rivers turn into violent torrents, crocodiles simply seek safety,” he says. “They avoid fast-moving water the same way humans do. During floods, they climb onto land or move into calm backwaters. People must understand this behaviour is natural, not aggressive.”

In the past week alone, Saltwater crocodiles have been sighted entering the Wellawatte Canal, drifting into the Panadura estuary, and appearing unexpectedly along Bolgoda Lake.

“Saltwater crocodiles often get washed out to sea during big floods,” Dr. de Silva explains. “Once the current weakens, they re-enter through the nearest lagoon or canal system. With rapid urbanisation along these waterways, these interactions are now far more visible.”

This clash between wildlife instinct and human expansion forms the backdrop of a crisis now unfolding across the island.

A conflict centuries old—now reshaped by climate change

Sri Lanka’s relationship with crocodiles is older than most of its kingdoms. The Cūḷavaṃsa describes armies halted by “flesh-eating crocodiles.” Ancient medical texts explain crocodile bite treatments. Fishermen and farmers around the Nilwala, Walawe, Maduganga, Batticaloa Lagoon, and Kalu Ganga have long accepted kimbula as part of their environment.

But the modern conflict has intensified dramatically.

A comprehensive countrywide survey by Dr. de Silva recorded 150 human–crocodile attacks, with 50 fatal, between 2008 and 2010. Over 52 percent occurred when people were bathing, and 83 percent of victims were men engaged in routine activities—washing, fishing, or walking along shallow margins.

Researchers consistently emphasise: most attacks happen not because crocodiles are unpredictable, but because humans underestimate them.

Yet this year’s flooding has magnified risks in new ways.

“Floods change everything” — Dr. Nimal D. Rathnayake

Herpetologist Dr. Nimal Rathnayake says the recent deluge cannot be understood in isolation.

“Floodwaters temporarily expand the crocodile’s world,” he says. “Areas people consider safe—paddy boundaries, footpaths, canal edges, abandoned land—suddenly become waterways.”

Once the water retreats, displaced crocodiles may end up in surprising places.

“We’ve documented crocodiles stranded in garden wells, drainage channels, unused culverts and even construction pits. These are not animals trying to attack. They are animals trying to survive.”

According to him, the real crisis is not the crocodile—it is the loss of wetlands, the destruction of natural river buffers, and the pollution of river systems.

“When you fill a marsh, block a canal, or replace vegetation with concrete, you force wildlife into narrower corridors. During floods, these become conflict hotspots.”

Arm attacked by a crocodile (Photo – Anslem de Silva)

The leg is the part of the body most often targeted. (Photo – Anslem de Silva)

Past research by the Crocodile Specialist Group shows that more than 300 crocodiles have been killed in retaliation or for meat over the past decade. Such killings spike after major floods, when fear and misunderstanding are highest.

“Not monsters—ecosystem engineers” — Suranjan Karunaratne

On social media, flood-displaced crocodiles often go viral as “rogue beasts.” But conservationist Suranjan Karunaratne, also of the IUCN/SSC Crocodile Specialist Group, says such narratives are misleading.

“Crocodiles are apex predators shaped by millions of years of evolution,” he says. “They are shy, intelligent animals. The problem is predictable human behaviour.”

In countless attack investigations, Karunaratne and colleagues found a repeated pattern: the Three Sames—the same place, the same time, the same activity.

“People use the same bathing spot every single day. Crocodiles watch, learn, and plan. They hunt with extraordinary patience. When an attack occurs, it’s rarely random. It is the culmination of observation.”

He stresses that crocodiles are indispensable to healthy wetlands. They: control destructive catfish populations, recycle nutrients, clean carcasses and diseased fish, maintain biodiversity, create drought refuges through burrows used by amphibians and reptiles.

“Removing crocodiles destroys an entire chain of ecological services. They are not expendable.”

Karunaratne notes that after the civil conflict, Mugger populations in the north rebounded—proof that crocodiles recover when given space, solitude, and habitat.

Nimal D. Rathnayake

Floods expose a neglected truth: CEEs save lives—if maintained In high-risk communities, Crocodile Exclusion Enclosures (CEEs) are often the only physical barrier between people and crocodiles. Built along riverbanks or tanks, these enclosures allow families to bathe, wash, and collect water safely.

Yet Dr. de Silva recounts a tragic incident along the Nilwala River where a girl was killed inside a poorly maintained enclosure. A rusted iron panel had created a hole just large enough for a crocodile to enter.

“CEEs are a life-saving intervention,” he says. “But they must be maintained. A neglected enclosure is worse than none at all.”

Despite their proven effectiveness, many CEEs remain abandoned, broken or unused.

Climate change is reshaping crocodile behaviour—and ours

Sri Lanka’s floods are no longer “cycles” as described in folklore. They are increasingly intense, unpredictable and climate-driven. The warming atmosphere delivers heavier rainfall in short bursts. Deforested hillsides and filled wetlands cannot absorb it.

Rivers swell rapidly and empty violently.

Crocodiles respond as they have always done: by moving to calmer water, by climbing onto land, by using drainage channels, by shifting between lagoons and canals, by following the shape of the water.

But human expansion has filled, blocked, or polluted these escape routes.

What once were crocodile flood refuges—marshes, mangroves, oxbow wetlands and abandoned river channels—are now housing schemes, fisheries, roads, and dumpsites.

Garbage, sand mining and invasive species worsen the crisis

The research contained in the uploaded reports paints a grim but accurate picture. Crocodiles are increasingly seen around garbage dumps, where invasive plants and waste accumulate. Polluted water attracts fish, which in turn draw crocodiles.

Excessive sand mining in river mouths and salinity intrusion expose crocodile nesting habitats. In some areas, agricultural chemicals contaminate wetlands beyond their natural capacity to recover.

In Borupana Ela, a short study found 29 Saltwater crocodiles killed in fishing gear within just 37 days.

Such numbers suggest a structural crisis—not a series of accidents.

Unplanned translocations: a dangerous human mistake

For years, local authorities attempted to reduce conflict by capturing crocodiles and releasing them elsewhere. Experts say this was misguided.

“Most Saltwater crocodiles have homing instincts,” explains Karunaratne. “Australian studies show many return to their original site—even if released dozens of kilometres away.”

Over the past decade, at least 26 Saltwater crocodiles have been released into inland freshwater bodies—home to the Mugger crocodile. This disrupts natural distribution, increases competition, and creates new conflict zones.

Living with crocodiles: a national strategy long overdue

All three experts—Dr. de Silva, Dr. Rathnayake and Karunaratne—agree that Sri Lanka urgently needs a coordinated, national-level mitigation plan.

* Protect natural buffers

Replant mangroves, restore riverine forests, enforce river margin laws.

* Maintain CEEs

They must be inspected, repaired and used regularly.

* Public education

Villagers should learn crocodile behaviour just as they learn about monsoons and tides.

* End harmful translocations

Let crocodiles remain in their natural ranges.

* Improve waste management

Dumps attract crocodiles and invasive species.

* Incentivise community monitoring

Trained local volunteers can track sightings and alert authorities early.

* Integrate crocodile safety into disaster management

Flood briefings should include alerts on reptile movement.

“The floods will come again. Our response must change.”

As the island cleans up and rebuilds, the deeper lesson lies beneath the brown floodwaters. Crocodiles are not new to Sri Lanka—but the conditions we are creating are.

Rivers once buffered by mangroves now rush through concrete channels. Tanks once supporting Mugger populations are choked with invasive plants. Wetlands once absorbing floodwaters are now levelled for construction.

Crocodiles move because the water moves. And the water moves differently today.

Dr. Rathnayake puts it simply:”We cannot treat every flooded crocodile as a threat to be eliminated. These animals are displaced, stressed, and trying to survive.”

Dr. de Silva adds:”Saving humans and saving crocodiles are not competing goals. Both depend on understanding behaviour—ours and theirs.”

And in a closing reflection, Suranjan Karunaratne says:”Crocodiles have survived 250 million years, outliving dinosaurs. Whether they survive the next 50 years in Sri Lanka depends entirely on us.”

For now, as the waters recede and the scars of the floods remain, Sri Lanka faces a choice: coexist with the ancient guardians of its waterways, or push them into extinction through fear, misunderstanding and neglect.

By Ifham Nizam

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