News

“The criminal justice system in South Asia is discriminatory and violent”: Ambika Satkunanathan

Published

5 years ago

2021/10/3

As a lawyer and human-rights champion who led the first-ever national study of prisons in Sri Lanka last year, Ambika Satkunanathan is vocal against the violence that is an endemic part of prison systems, and the ‘retributive’ and ‘vengeful’ nature of state justice that creates worse problems in society and creates criminals rather than rehabilitating them.

“Violence is used to maintain order, which robs the person in prison of dignity and agency from the moment they enter prison until they leave. Violence and discrimination are normalised in the system,” says Ambika, who was commissioner of the Human Rights Commission of Sri Lanka from 2015 to 2020.

“This penchant for violent forms of punishment is a result of societies being wedded to the punitive and carceral approach to dealing with what are essentially social problems,” she adds. “We believe that locking someone up and throwing away the key solves the issue, but it only compounds it.”

Regardless, she says, societies in the Subcontinent continue with this deeply flawed approach because it is easier than addressing the root causes of what is defined as ‘crime’.

The question of what constitutes crime has become increasingly blurred in the recent past in South Asia as more and more human-rights activists and even journalists in the region are being targeted by their own governments, and imprisoned on the basis of draconian colonial-era laws, and kept confined as ‘undertrials’ for years until the case begins. In these instances, prisons are being used not to deter crime but to deter dissent, and to threaten those who speak up against governments, even ‘democratic’ ones.

She shares her observation that South Asian societies are more skewed towards punishing individuals over corporations, and the underprivileged over the privileged. “A large multinational corporation will be able to use technicalities and the immense resources at their disposal to escape accountability for environmental degradation, while someone with a few grams of marijuana will be imprisoned. Therefore, your social position, power and privilege impact how you are treated by the criminal justice system, which is not neutral or objective but is discriminatory and violent,” asserts Ambika, who did her BA and LLB from Monash University in Australia, and LLM from the University of Nottingham.

Women even more vulnerable. “In Sri Lanka, women suffer structural violence in many ways. For instance, they don’t have access to even sanitary napkins, have no access to reproductive health care, and there is inadequate access to pre and postnatal care,” she says, describing a scenario that could apply to a number of rural areas anywhere in the Subcontinent.

Apart from facilities and infrastructure, women also bear the brunt of carrying the ‘honour’ of the family, or loss of reputation, which is more severe for them than for men. “When women are imprisoned, they often lose the support of families or partners / husbands and hence find it difficult to retain legal representation. It prolongs their imprisonment,” says Ambika, who has been a Chevening scholar and currently serves as the chairperson of the Neelan Tiruchelvam Trust, the only indigenous grant-maker in Sri Lanka, combining human-rights and peacebuilding initiatives.

Further, she says, women are more stigmatised and find it challenging to rebuild their lives following release from prison. This in turn pushes them into exploitative situations that leads to them being imprisoned again. “The vicious cycle continues,” she explains.

Women are also vulnerable to the gendered aspect of violence to which they might be subjected – another staple in South Asian societies. For women activists from minority communities in Sri Lanka, the challenges are progressively worse.

“If you are a Tamil woman activist working in the Northern Province, you will face additional challenges, such as surveillance, constant visits by the security agencies to your house to make inquiries about your activities, and phone calls prior to events or demonstrations to intimidate you from participating,” she shares.

Ambika’s own journey from a lawyer to a human-rights champion has been shaped by her identity as a Tamil woman in Sri Lanka – particularly the discrimination she faced. The violence and fear of violence that Tamils have experienced in Sri Lanka cast a shadow that hung over her life as long as she can remember.

“This is what drove me to study law and work to further the protection of human rights. The personal became the political because the political impacted every aspect of my personal life, like that of most Tamils in Sri Lanka,” she says.

She looks back with pride at her work at the Human Rights Commission of Sri Lanka where, despite structural and systemic impediments, she managed to strengthen connections between the Commission and civil society and survivors of human-rights violations. “It helped create an environment of trust whereby they felt they could approach the Commission for remedies,” she says.

At a webinar organised by South Asia Peace Action Network last month on the topic ‘Rights of the incarcerated in South Asia’, Ambika stressed on the importance of civil society organisations in South Asia coming together to share experiences, especially strategies, used to counter similar challenges.

“Other South Asian countries have seen authoritarian regimes similar to the current one in Sri Lanka, and are aware of or have experienced state efforts to stifle dissent and intimidate and harass human-rights activists. Similarly, patriarchy, misogyny, and sexism are not particularly unique to Sri Lanka. Since the problems are similar, so are the solutions. We must learn from each other rather than reinventing the wheel,” she says.

Ambika believes the solution lies with civil society who can help activists who are imprisoned or targeted by the powerful. “The most important way is to openly voice solidarity with the activists. Other means include mounting legal challenges to these state acts as well as engaging in advocacy, both nationally and internationally,” she says.

Providing support to the families of the activists, whether material or otherwise, is often understated, but goes a long way too, she adds. “Often the psychological aspect of incarceration is ignored. Therefore, offering moral support to the families is imperative,” she says, suggesting that supporters can visit imprisoned activists, taking them books or food to show they are not forgotten. “It reminds them that there are people who continue to fight for their release.”

While envisioning a unified and socially just South Asia, Ambika believes there’s a lot more that needs change than just laws. “Before we speak of laws, let’s speak of values. In South Asia, majoritarian and ethno-nationalist politics have taken hold and discrimination against minorities is common,” she says.

Giving examples of how religious minorities face constant threat – the Tamils and Muslims in Sri Lanka; Muslims and Dalits in India; and Sikhs, Shias and Christians in Pakistan – she believes South Asian countries are moving further away from secularism “if not in law, then certainly in deed.”

She has a special bone to pick with the death penalty. Citing both the legal and historical point of view, she refers to the South Asian cultural perspective that leans heavily towards the Hindu and Buddhist principles of the supremacy of all forms of life: “Abolish, abolish, abolish the death penalty! The death penalty is a cruel and inhumane punishment which, as research has shown over and over again, does not in any way prevent crime but instead causes great harm,” she asserts.

As a society, Ambika says, we need to introspect how much we all are responsible in perpetuating crime: “When we address the root causes of social problems, address the deep inequalities within society, we will not have to expend energy formulating humane punishments.” (Money Control)

All News Advertisement

News

If we are to live fulfilling and happy lives, we need unity, mutual understanding, harmony, as well as art – PM

Published

4 hours ago

2026/09/13

Priyan

Prime Minister Dr. Harini Amarasuriya stated that art, together with unity, mutual understanding and harmony, is essential for people to lead fulfilling and happy lives. She further emphasized the importance of preserving our identity while remaining open-minded and prepared to face the challenges of a rapidly changing society.

The Prime Minister made these remarks while participating in the opening ceremony of a special educational and cultural trade exhibition and festival organized jointly by the Wayamba Janakala Foundation and the Siyapatha Kala Sangamaya, with the vision of revitalizing the artistic heritage of the Seven Korales and creating a culturally empowered individual who appreciates the arts. The event was held at the Wayamba Janakala Centre on Saturday, 12 September 2026.

The exhibition will be held from 12 to 18 September, from 10.00 a.m. to midnight. The cultural festival has been organized for school students, teachers, youths, and adults.

At the commencement of the exhibition, the Prime Minister opened the exhibition stall of the Department of Education and officially launched the website of the Janakala Foundation.

Veteran artists representing the North Western Province who have made an outstanding contribution to the field of art, including Professor Mudiyanse Dissanayake, Nibiriyagama Bandara, Anton Coorey and Charitha Wickramasinghe, were also felicitated by the Prime Minister on this occasion.

Addressing the occasion, the Prime Minister further stated:

“We believe that art and culture, both are important in realizing the thriving nation and beautiful life that we aspire. It is equally important to see and learn about the heritage of our country and, through our experiences, engage in a dialogue on how we can take these traditions forward by incorporating them into our lives in ways that are relevant to the present day.

As the Member of Parliament mentioned to me, films are being screened here, educational programmes and workshops are being conducted, and there are a number of performing arts presentations. Through all of these activities, what we hope to achieve is to enrich the lives of the people of the North Western Province. Being ‘rich’ does not mean economic prosperity alone. Building roads, constructing buildings and developing housing facilities are all necessary. But these alone are not sufficient. We can build a modern city out of concrete and still live empty lives devoid of happiness, sensitivity or fulfilment. If we are to truly make our lives fulfilling and create happiness, however, we need things such as these. We need unity, mutual understanding and harmony.

We must also learn through experience how to conduct ourselves in public spaces and how to remain safe within society. We cannot assume that we can protect ourselves simply by separating ourselves from everything and remaining closed off. While preserving our identity, we must be prepared to face the challenges ahead with an open mind if we are to learn how to live safely in a complex society that is changing rapidly due to technology.

Therefore, today, I encourage you to speak to someone you have never spoken to before. Try to understand their life. Share your ideas and experiences with someone who has come from a place far away from you, someone who does not speak your language, or someone who belongs to a different religion or culture. It is through such interactions that our lives become broader and we gain an understanding of new things.

That is also why art and culture are essential to our lives. A good book can take us to places we have never been. A good work of art or a film can bring us closer to another person’s experience in a way that allows us to feel it ourselves. Therefore, I invite everyone to enjoy and appreciate the arts today with a very open mind and a sense of enthusiasm.

I am grateful to everyone who worked hard and dedicated themselves to making this event possible. I wish for these seven days of programmes to be highly successful and to provide everyone with seven days of memorable experiences.

The occasion was attended by the Governor of the North Western Province Tissa Warnasuriya, Deputy Ministers Namal Karunarathna and Namal Sudarshana, Member of Parliament Dharmapriya Dissanayake, other Members of Parliament, the Mayor of Kurunegala, Chairpersons of Pradeshiya Sabhas, Chairman of the Janakala Foundation Anil K. Senadheera, government officials, school students, residents of the area.

(Prime Minister’s Media Division)

News

Dr. Roshanie Dissanayake appointed Secretary to the Ministry of Science and Technology

Published

5 hours ago

2026/09/13

Priyan

President Anura Kumara Dissanayake has appointed Dr. Roshanie Dissanayake as the Secretary to the Ministry of Science and Technology.

The letter of appointment was handed over to Dr. Dissanayake by Secretary to the President Dr. Nandika Sanath Kumanayake at the Presidential Secretariat on Friday (11) morning.

Dr. Roshanie Dissanayake has also served as an Additional Secretary (Sri Lanka Administrative Service – Special Grade) at the Ministry of Public Administration, Provincial Councils and Local Government.

President’s Media Division (PMD)

News

Gnanasara Thero absconding after SC ruling

Published

20 hours ago

2026/09/13

Thilina Walpola

Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.

Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.

The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.

The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.

The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.

The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.

Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.

The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.

Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.

Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.

The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.

Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.

The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.