Features
Rolling out holistic solution to perennial problem of laws’ delays
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.
Features
Aragalaya betrayed?
‘The treason of the intellectuals’ in the age of populism – Part I
Sri Lankans recently celebrated the fourth anniversary of the Aragalaya, which, some believe, ushered in an era of Left populism in Sri Lanka. Left politics in Sri Lanka has been ravaged by a crisis, since the late 1970s. It was basically one of an inability to regain the mass basis the Left lost in the 1977 elections. The Left was pushed out of the coalition government, led by Sirimavo, by the right-wing forces, within it, in the context of the global oil crisis that led to the adoption of austerity measures by the government.
This crisis of the Left exploded with the mass uprising ,known as the Aragalaya, which began with the hashtag campaign ‘Gota Go Home’. The nature of its development has come under scrutiny by critics who allege that hidden international hands orchestrated the movement. Nevertheless, the Aragalaya—which developed into an authentic citizen action—ultimately ended in a counter-revolution. The current JVP/NPP government came to power by riding the wave of public awakening that accompanied the Aragalaya.
Is the JVP/NPP government Leftist?
Even though the Western international media, as part of a strategy to manipulate the JVP/NPP administration from time to time, calls it a left government, it works very closely with the right-wing local capitalist class and international financial agencies.
Subaltern or elite?
While there was some initial attempt to identify the JVP/NPP government’s class basis as ‘subaltern,’ in the face of criticism, this formulation was changed to ‘non-elite’. It is correct that, generally, members of the new regime do not belong to the strata of the political elite of the traditional aristocracy and bourgeoisie. However, it can be argued that those who are holding the leadership of the NPP government are those with the aspiration of becoming the new elite. They are the emerging political elite, representing both the rural and urban petty-bourgeois strata.
The leadership consists of those who have risen to the top in professional fields and the bureaucracy, led by those in the fields of academia, medicine, engineering and technology, law, management, business, accountancy, and administration, alongside those who have traditionally been political activists and trade union leaders. Political power has been captured by these petty-bourgeois class elements that have embraced a technocratic ideology. Rallied around them is the capitalist leadership that directs chambers of commerce and is tied in with international capital.
In essence, the current regime represents an alliance formed between the petty-bourgeois and capitalist groups and international finance capital—an alliance that, by now, has replaced the popular bloc formed with ‘janathawa’ (the people) during the election campaign, leading to the formation of the government.
The new elite represents the heirs of the nationalist-Left tendency of the generation of the ‘56 daruwo,’ represented by the JVP, a social force that Bandaranaike released in 1956. The mainstream of the political change of ’56 came to be represented by Bandaranaike’s own party, the SLFP, whose promise of building a common man’s era fizzled out with the regime, led by Mahinda Rajapaksa, coming to an end in 2015. At long last, true representatives of the rural and urban petty bourgeoisie have assumed political power after a long-drawn-out struggle, however, shedding their Left credentials in the process. This is the generation that Gunadasa Amarasekara, the doyen of jathika chintanaya, controversially hoped would take responsibility for the future of the country. While they have assumed political power, their formulation of, what they call, punarudaya (the Renaissance) seems to be at odds with Amarasekara’s wish to recover the ‘Sinhala Buddhist civilisational consciousness’—a point which requires a separate discussion, at another time.
Some of the leftists, who joined the NPP to form the government, seek to justify their choice by claiming that the new regime stands for the two-stage revolution ‘a la Lenin’—that is, first, the bourgeois-democratic stage and then the proletarian-socialist stage; Sri Lanka will achieve industrialisation in the first stage, under punarudaya, or the Renaissance. What is not made clear is how Sri Lanka could industrialise while being under the grip of international finance agencies whose actions, economists argue, from the very beginning of their involvement in the Sri Lankan economy, have preempted even the remotest possibility of the country becoming an industrialised one. With its claim to bringing about economic stability and growth, the government has moved away from serving the genuine interests of the people, and the country, in the fields of economy, polity, and culture, as its critics point out, as briefly outlined in the next section of this article.
It is claimed that the theory of left populism was formulated in opposition to right-wing populism, which furthered the neoliberal agenda. Going by what is outlined below, can the JVP/NPP government be identified as a left-populist one?
Not economic democracy, but autocracy?
Left political parties, groups, and individuals in Sri Lanka widely hold that the crisis of Left politics has been intensified with the current government assuming power. According to their criticisms, the JVP/NPP government is not a Left government.
The current government entered into an agreement on debt restructuring with the IMF based on the conditions imposed by them, despite the expectations of the masses that rallied around the JVP/NPP election campaign and the promises made in its own election manifesto to renegotiate it. Accordingly, placing the larger burden of the haircut of the debt restructuring on the EPF of the working people has been carried out by the JVP/NPP government without any changes to the original plan.
It is apparent that the current government’s economic programme, from its inception, has been directed by the leadership of the representatives of the capitalist class, led by the chambers of commerce. The government has been mainly formulating and implementing government policy, based on the debt provided and the conditions imposed by the IMF and its affiliated institutions, the World Bank and the ADB, rather than on the felt needs of the Sri Lankan people.
An unbearable tax burden is imposed on the people. The government boasts that it has filled the Treasury with trillions of rupees, including the wealth it has exploited, via those taxes. Not only the poor but also the middle classes are oppressed by the unbearable burden of an ever-rising cost of living.
Poverty and malnutrition, which are major determinants of living standards, remain at high levels under the current government. According to official reports, 25 percent of the population lives in extreme poverty, while 80 percent of them live in rural areas. The poverty of the Tamil community, living in plantations, is even higher. Neoliberal economists themselves say that if calculated according to the real cost of living, the population living below the poverty line would be one-third of the total population. Women and children—and among them, girls—suffer the most from all this.
Sri Lanka’s micro-finance and credit crisis has trapped hundreds of thousands of people, mainly rural women, in a deep debt trap through predatory high-interest loans, leading to over 200 reported suicides. Activists have already expressed fears that the Microfinance and Credit Regulatory Authority Act, recently passed by the government, is designed to blame victims and will contribute to the erosion of consumer protections in such a regulatory framework by placing the onus of protection on borrowers. They stress that the Act does not include sufficient provisions to protect micro-finance and credit consumers.
Critics point out that not only our economic sovereignty but also our political sovereignty and security have been compromised by the secret agreements signed by the current government with the global American empire (US-Sri Lanka Security Memorandum of Understanding/Government Partnership Program (2025)) and the regional Indian power (India-Sri Lanka Security Partnership Agreement (2025)).
This government is strengthening relations with Israel—a nation that has embarked on a policy of genocide against Palestinians—and is maintaining cooperation with Israeli intelligence agencies and the military.
The current government has declared the private sector and the market mechanism, not the state sector, as the engine of economic growth at a level surpassing previous governments.
The government has accepted the neoliberal vision of subjugating large areas of social life to the logic of commodification. By allowing the market to behave as it sees fit, people have been subjected to the ruthless control of the market, except in the case of a few essential goods.
Critics have accused the current government of subtly but carefully implementing the privatisation of state-sector institutions, a move that the previous government had withheld in the face of public opposition. Services, essential to the survival of ordinary people and the middle class, such as public healthcare and education, are increasingly being brought under the influence of the market. There is no clear attempt to free passenger transport from the clutches of a rapacious private sector. The energy sector—oil and electricity supply—continues to be driven towards privatisation through fragmentation.
It is instructive here to note what Bhaskar Sunkara, Editor of Jacobin—the popular Left magazine published in New York that strongly backed Zohran Mamdani’s bid for Mayor—has to say on social infrastructures:
“Health care, education, transportation, energy, and telecommunication are not consumer goods but social infrastructures on which participation in modern life depends.
Organizing them through profit-seeking intermediaries that ration by price rather than need introduces predictable distortions. The result is a system that undermines both equality and efficiency. Decades of comparative experience suggest that public provision in these sectors can deliver better outcomes at lower social cost, precisely because it aligns provision with social need rather than purchasing power.” (‘We Need a Socialism After Capitalism,’ Jacobin, April 2026)
Serious damage to the natural environment and biodiversity continues under the current government. Deforestation, fragmentation of wildlife habitats, and human-wildlife conflicts have intensified. The release of protected lands to local and foreign private investors for so-called development, ignoring environmental impact assessments (for example, the Mannar wind farm projects), and the failure to stop illegal land acquisition and sand mining, which have undermined biodiversity, especially in the dry zone, are continuing.
The introduction of a biometric national identity card, funded by an Indian grant, in conjunction with the massive digitalisation programme, launched under the private sector operation, poses a serious risk of being used to unnecessarily restrict individual freedoms and to be used by the Sri Lankan government and foreign states to suppress citizens when necessary. Overall, it is clear from global experience that digitalisation, in the name of national security, is building a surveillance state. (To be continued)
by Kumudu Kusum Kumara
Features
The illusion of foolproof identity: Are even biometrics under threat by AI?
For quite a few decades,we have nonchalantly operated under a comforting and standard assumption that our bodies are our ultimate legal deeds. The features of every human body are quite unique. We have been taught that while passwords can be guessed, documents can be forged, and keys can be stolen, the biological architectures of our physical selves remain fundamentally unassailable and distinctly foolproof. Your face, your fingerprints, the unique landscape of your eye, are nature’s barcodes, forged from an intricate mix of genetics and intrauterine chance, utterly distinct to each of us among billions of people. This absolute distinctiveness made “biometrics”; automated methods used to recognise, authenticate, or identify individuals based on their unique biological and behavioural characteristics, the golden child of universally accepted global security. Amongst many other things, they are even trusted to unlock smartphones, provide access to sensitive portals, secure multi-billion-dollar wire transfers, cross international borders, and even safeguard top-secret military complexes.
Yet for all that, a profound and deeply unsettling shift is occurring, even beneath our own feet. The rapid acceleration of generative Artificial Intelligence (AI) and digital cloning technologies has begun to split open this relationship between biological reality and identity confirmation. Today, sophisticated software can replicate human voices with terrifying accuracy using mere seconds of feed-in audio, synthesise flawlessly lifelike videos of public figures saying things they never ever verbalised, and generate artificial fingerprints or facial configurations designed specifically to trick electronic gatekeepers. The comforting illusion that our bodily metrics are fool-proof is perhaps dissolving to quite a significant extent, casting a real-time shadow across the infrastructure of modern trust, even in everyday life.
Beyond the Fingerprint: The Expanding Universe of Identity
To understand the intricacies and depth of the current risks, one must look beyond the traditional hallmarks of identity verification. Perhaps the average person is clearly and deeply familiar with standard facial recognition, thumbprints, and the striking, complex rings of retinal imagery. Indeed, human biology offers an incredibly vast and nuanced spectrum of unique identifiers. Science and industry have quietly harnessed a long list of alternative indices to verify the identities and details of exactly who we are.
Consider iris recognition, which maps the intricate, visible coloured ring surrounding the pupil of the eye, or palmprint authentication, which tracks the expansive system of major lines, wrinkles, and minute ridges across the entire hand. Beyond these lie vascular biometrics, often referred to as vein pattern recognition, which uses near-infrared light to capture the unique layout of blood vessels seen beneath the skin of a finger or palm, a map completely invisible to the naked eye.
Furthermore, behavioural traits have proven just as distinct as anatomical ones. Voice biometrics analyses the physical anatomy of the vocal tract, nasal cavities, and vocal cords to isolate distinct sound frequencies. Gait analysis evaluates the precise, rhythmic mechanics of how an individual walks, tracking joint angles and weight distribution. Even keystroke dynamics, the precise cadence and rhythm with which you type on a keyboard, and ear acoustic geometry, which measures the unique way sound waves echo back out of your specific ear canal, have been successfully deployed to establish undeniable proof of identity.
The Pro Side: Unmatched Convenience and Safety
The historical arguments in favour of biometric systems remain incredibly compelling, which explains their near-ubiquitous adoption. First and foremost is the argument of unmatched convenience. Biometrics elegantly solve the “human error” factor inherent in traditional security appliances. You cannot lose your iris on a crowded train; you cannot accidentally leave your unique vein patterns at home; and you cannot forget the complex “password” of your facial geometry. It is an identity architecture that is permanently attached to the user, eliminating the friction of remembering combinations of symbols or carrying physical keys.
From a general, social and systemic perspective, biometrics have provided an unprecedented layer of objective truth. In criminal justice, fingerprint and DNA databases have exonerated the wrongfully accused, reunited missing children with families, and brought dangerous fugitives to justice based on definitive physical evidence rather than fickle, unreliable human memory. At international borders, automated biometric gates process millions of travellers daily with high efficiency, flagging authentic security threats while speeding up travel for the public. In the financial sector, a glance at a smartphone or a press of a thumb could prevent billions of dollars from being fraudulently stolen in identity theft and sham transactions every year by ensuring the actual account owner is physically present.
The Dark Side: When Your Body Becomes a Vulnerability
Despite these immense benefits, the reliance on biological markers has always harboured a fundamental flaw: the absolute permanence of the data. If a hacker steals your credit card number or a critical password, you can easily log online, cancel the account, and generate a completely new string of random characters. The breach is a nuisance, but it is entirely correctable and is fixable. However, if a malicious actor steals the high-resolution digital file containing your retinal map, your facial architecture, or your voice print, you cannot change your body. You cannot reset your eyes; you cannot easily forge a new set of fingers. Once a biometric signature is compromised, it is compromised for the rest of your life.
This permanence creates a highly centralised vulnerability. Biometric authentication systems do not store your actual finger or face; they store a mathematical digital template derived from them. These templates are housed inside vast corporate and government databases, and even universal digital portals. As cyberattacks grow increasingly sophisticated, these databases represent high-value targets for digital thieves. The terrifying consequence is that a single security breach at a major technology company or a government agency could permanently expose the personal physical keys of millions of citizens simultaneously.
The AI Shadow: Faking even the Unforgeable
This brings us to a profound paradigm shift driven by modern artificial intelligence. The traditional and abiding defence of biometrics was that physical traits could not be replicated in real-time. A photograph of a face could not trick a system looking for depth, and a recorded voice lacked the dynamic shifts of live speech. However…, surprise, SURPRISE…, AI has completely shattered these firmly held conventions and inferences.
Generative Adversarial Networks (GANs), a class of AI models in which two neural networks compete against each other, are now capable of analysing thousands of images or audio clips of an individual and creating a near-flawless synthetic clone. A clone refers to an exact copy, duplicate, or true genetic replica of another organism, cell, or object. The term applies across several fields and implies an absolutely identical real-life descriptor. Using these tools, fraudsters can create “deepfake” videos that mimic the precise micro-expressions, skin textures, and even the blink rates of a targeted executive, acclaimed scientist, an economist of global repute or even a political leader. In 2024, an employee at a multinational firm in Hong Kong was tricked into paying out 25 million dollars after attending a video conference call where every other participant was an AI-generated digital clone of his real-world colleagues.
Similarly, voice cloning has become a weaponised tool for financial scams. With less than ten seconds of audio scraped from a social media post, AI can synthesise a voice that is indistinguishable from a loved one or a bank official, perfectly matching the acoustic biometrics used by telephone banking systems. Even more alarming is the concept of “Master Prints”: the AI-generated, synthetic fingerprints that combine the most common ridge patterns found across the human population. Much like a master key that can open many different locks, these synthetic prints can trick biometric sensors up to 20% to 30% of the time, completely undermining the premise of absolute individuality.
Implications for the Future: Rebuilding Trust
The realisation that biometrics can be systematically manipulated has immense implications for the future of global society, law, and security. We are stepping into an era where we can no longer trust our eyes or ears to verify the identity of the person on the other side of a digital connection. This breakdown of trust threatens to disrupt not only financial institutions but also the very foundations of democratic systems, where synthetic video and audio can be deployed to frame individuals or fabricate digital evidence.
To survive this environment, the security industry must completely abandon the concept of the commonly used single-factor biometric authentication. The future will require a multi-layered approach. Biometrics will likely be coupled with behavioural signals that change dynamically over time, or physical tokens like cryptographic hardware keys. Furthermore, security developers are engaged in an intense arms race to create “deepfake detectors”; AI systems designed specifically to analyse incoming files for the microscopic digital artefacts left behind by generative software, verifying that a human face or voice is biologically real and is happening in real-time.
Legally and ethically, this shift demands robust new frameworks. Governments worldwide are beginning to recognise that our biological signatures require the same, if not greater, legal protections, as our financial assets. Laws must be strictly enforced to punish the unauthorised creation of digital clones and to compel corporations to encrypt biometric data using advanced, non-hackable methods.
A Balanced Path Forward
Ultimately, and even surprisingly, biometrics are neither a flawless saviour nor an inherent curse. They are powerful tools caught in the crossfire of an abiding technological evolution. They continue to offer unparalleled efficiency and security when implemented correctly. However, the dangerous myth of their absolute infallibility must be permanently laid to rest.
As artificial intelligence continues to blur the line between the real and the synthetic, our approach to identity must become as dynamic as the technology threatening it. We must stop viewing our physical bodies as unshakable passwords. True security in the modern age will not come from blindly trusting our biological uniqueness. It can only come from our collective vigilance, technological adaptation, and the implementation of robust, multi-layered digital defences that protect the sacred boundaries of who we really are.
by Dr B. J. C. Perera
MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paediatrics), MRCP(UK), FRCP(Edin), FRCP(Lond), FRCPCH(UK), FSLCPaed, FCCP, Hony. FRCPCH(UK), Hony. FCGP(SL)
Specialist Consultant Paediatrician and Honorary Senior Fellow, Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.
An independent free-lance correspondent.
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Human-caused leopard deaths soar in Sri Lanka’s Central Highlands, new study warns
A groundbreaking international study, spanning 17 years, has revealed an alarming rise in human-caused deaths of the endangered Sri Lankan leopard, with the majority of fatalities concentrated in the tea estate landscapes of the Central Highlands.
The peer-reviewed study, titled “Human-Caused Leopard Deaths in Sri Lanka Are Concentrated in Central Highlands’ Estate Mosaics: Evidence From 17 Years of Mortality Records,” was recently published in the prestigious scientific journal Wiley’s Wildlife Letters.
The research team was led by conservation scientist Sanjaya Weerakkody and comprised a distinguished group of local and international researchers, including Vimukthi Gunasekara, Sethil Muhandiram, Try Surya Harapan, Kithmi R. Gunasekara, Bandini Jayasena, John B. Wilson, Prathiba M. Amugoda, Tharika de Silva, Chathuranga D. Hathurusinghe, Ahimsa Campos-Arceiz, and Enoka P. Kudavidanage.
The scientists represented a broad collaboration of institutions, including the Southeast Asia Biodiversity Research Institute of the Chinese Academy of Sciences, Yunnan Provincial Tropical Rainforest and Asian Elephant Conservation Innovation Team in China, LeopardCon Sri Lanka, Oklahoma State University in the United States, the Department of Natural Resources of Sabaragamuwa University of Sri Lanka, and the Tropical Ecosystems Research Network.
Speaking on the significance of the findings, researcher Sethil Muhandiram said the study provides the clearest picture yet of how human pressures are driving leopard mortality in Sri Lanka’s hill country landscapes.
“We found that plantation landscapes, especially tea estate mosaics in the Central Highlands, have become major hotspots for leopard deaths. Most concerning is the widespread use of wire snares, which continue to silently kill leopards and other wildlife,” Muhandiram said.
According to the findings, researchers analysed leopard mortality records from 2008 to 2024 and documented 164 human-caused deaths across the island, averaging nearly 10 deaths annually. More worryingly, the study found that leopard deaths have steadily increased over time, underscoring intensifying human-wildlife conflict in Sri Lanka.
The study identified wire snares as the leading cause of death, accounting for over 62 percent of cases where the cause was known. Many of these snares are believed to have been set for wild boar and other animals but ended up trapping leopards.
“Snaring is now one of the greatest threats facing the Sri Lankan leopard outside protected areas. Unless immediate action is taken to remove snares and strengthen enforcement, these deaths will continue to rise,” Muhandiram warned.
Plantation landscapes, especially tea estates in the Central Province, emerged as the most dangerous habitats for the country’s apex predator.
Researchers found that nearly 47 percent of all recorded leopard deaths occurred in the Central Highlands, while the Nuwara Eliya District alone accounted for 38.4 percent of fatalities, despite covering only a small portion of the leopard’s estimated range.
Researchers warned that the patchwork of tea estates, fragmented forests, villages, and agricultural lands has become a deadly landscape for leopards attempting to move between habitats.
The study also found that adult male leopards were disproportionately affected, a trend scientists caution could have serious implications for breeding populations and the long-term survival of the species.
Sri Lanka’s leopard, scientifically known as Panthera pardus kotiya, is an endemic subspecies found nowhere else in the world and is already listed as endangered.
Muhandiram stressed that conservation efforts must move beyond national parks and include estate landscapes where leopard-human interactions are increasing rapidly.
“Conservation cannot focus only on protected areas anymore. Leopards are surviving in human-dominated landscapes, and protecting them will require cooperation from estate communities, plantation companies, Wildlife authorities, and policymakers,” he said.
The study has further emphasised that leopard conservation in Sri Lanka can no longer focus solely on protected areas such as the Yala National Park, as significant leopard populations are increasingly surviving in estate and rural landscapes vulnerable to human pressures.
Researchers concluded that without immediate and coordinated action, Sri Lanka risks losing one of its most iconic and ecologically significant species to escalating human-induced threats.
By Ifham Nizam
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