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The state in Sri Lankan nation

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By Neville Ladduwahetty

The prevailing state in the Sri Lankan nation is that while one group is engaged in protests, and making demands that cannot be constitutionally realised, another group is patiently lining up in long queues to collect supplies needed to fulfil their basic needs. The two groups are from two different strata of society. While the former consists of young and educated, and from the middle strata of Sri Lankan society, the latter is largely from the working class, and hence their focus is on how to survive in these trying circumstances.

This separation of interests has given rise to a political crisis as far as the first group is concerned, and an economic crisis as far as the second group is concerned. Although the political and economic concerns are those of two separate groups, there is a good possibility for the two concerns to merge if allowed to fester due to lack of attention. The general impression is that easing the economic situation in the country would prevent such a merger, and that in fact it may even ease up on the political demands.

DEMANDS of the PROTESTERS

The main demand of the protesters is in the slogan “Gota Go Home”. However, this is easier said than done, as it cannot be achieved constitutionally, as pointed out by recognised constitutional experts and other commentators. The methods being contemplated to oust the President are either to pass a vote of no-confidence (No-Confidence Motion (NCM) in Parliament or for Parliament to impeach him. In the case of a no-confidence vote, there has to be sufficient votes in Parliament to make it a reality; a fact that is seriously in doubt. Besides, even if there are sufficient numbers in Parliament to clobber together a simple majority, all that would happen is for the Cabinet of Ministers to “stand dissolved” (Article 49 (2) (c). As far as the President is concerned, he is constitutionally entitled to appoint a new Prime Minister and a new Cabinet of Ministers. In short, the position of the President remains unaffected.

On the other hand, if the strategy is to impeach the President, a Member of Parliament has to give notice of a resolution addressed to the Speaker under provisions of Article 38 (2). However, such a resolution has to be signed either by a “not less than two-third” majority, or by a simple majority and the Speaker is satisfied that the claims of the resolution merit inquiry. Since neither a two-third majority nor a simple majority with the endorsement of the Speaker are realistic propositions, impeaching the President is not a viable option.

What these constitutional provisions mean is that the President cannot be sent home unless he resigns. Since both protesters and their supporters, advisors and backers are supposed to be smart and educated, how come they were not aware of the many constitutional constraints that prevent them from sending the President home? Other than, of course to plead their case. And had they realised their limitations, would they have opted for other approaches; that would gently persuade the President out of the goodness of his heart, to resign and go home? This also means, therefore that a need exists for protesters to revisit current strategies and use their charm and wit to persuade the President to go home, because the protests taking place at Galle Face Green and in the rest of the country would amount to nothing but expressions of frustration without substance, since he cannot be ousted constitutionally.

The fact, that these limitations have not occurred to them is disappointing, particularly because the protesters represent the future generations of Sri Lanka. It is they who have to take over the baton when the time comes. Furthermore, since they do not have a formal structure, it is not possible to bring these hard realities to their attention. Indications are that they too would blunder just as previous generations have done.

ECONOMICS ISSUES

Economic issues are affecting a vast swath of Sri Lankans and its numbers are more than those of the protesters. Yet, because they suffer in silence, they do not get the attention and publicity the protesters get. The majority of them are affected by lack of fertilizer and issues relating to the energy sector.

The practice thus far has been to import crude oil and refined products from a variety of foreign sources. Since Sri Lanka has failed to develop its owned fossil fuel deposits, said to be available in the Mannar Basin, the practice of importing energy needs has to continue. This has resulted in the import of both crude oil and finished petroleum products, as done in the past. The current lack of funds to continue with the practices of the past has brought the whole issue of energy to a head, because the inability to sustain imports has affected every sector of society, the most vulnerable being those who are not with the protesters. Therefore, there is an urgent need to adopt a fresh energy policy that would be in keeping with the prevailing reality of rock bottom Forex Reserves; a fact that now compels the government to abandon practices of the past.

FRESH ENERGY POLICY

A fresh energy policy should not lose sight of the long-term goal of meeting energy demands through technologies other than fossil fuels. The need to do so is dictated by global commitments to meet the realities of Climate Change. This is similar to the sudden switch to organic fertiliser which the government adopted without factoring in the inevitable public reaction to such a policy. Therefore, while recognizing the merits of both policies, their implementation should be undertaken in a measured manner; a fact now realized and admitted by the government as a mistake.

The proposed fresh energy policy should be treated strictly as an interim measure. While this interim measure is in operation, the government should set up the infrastructure needed to switch from fossil fuel dependence to alternate technologies, starting with the major cities. Such an approach should have been adopted in respect of fertiliser, too. However, a fact that should be realized in respect of both policies is that any government should engage in a campaign to secure the support of the public, if the benefits of both policies are to be realized.

An interim policy, relating to securing regular supplies of both crude oil and refined products, would be to negotiate with countries that are prepared to set up a Refinery of sufficient capacity in Trincomalee to supply Sri Lanka’s needs of refined products, and for them to export the balance to any country of their choice. In the meantime, Sri Lanka should expand the Refinery at Sapugaskanda from its present capacity of 44,000 barrels/day, which is reported to meet only 25% of Sri Lanka’s needs to 100,000 barrels/day so that Sri Lanka is not totally dependent on a single source for its energy needs. Since Refinery Capacities range from 100,000 to 250,000 barrels/day, a Refinery within the average range would be readily able to supply Sri Lanka’s needs, with export of the rest to Indian Ocean Rim countries.

In summary, the government should seriously explore an arrangement for the delivery of 44,000 barrels/day needed by Sapugaskanda in the form of crude oil and the balance refined products needed, while the new refinery is being set up.

The quantity of refined products would decrease with the expansion of the capacity at Sapugaskanda to 100,000 barrels/day. The cost of procuring Sri Lanka’s needs from the foreign owned refinery could be partially offset by the revenue generated from the lease of the land for say, 25 years, and from sources such as Port charges, rents from restored storage tanks, and other associated services. Furthermore, the cost of procuring refined products from such a Refinery would gradually decrease in proportion to the rate at which Sri Lanka accelerates its switch from fossil fuels to alternative technologies.

CONCLUSION

Notwithstanding all the shouting at Galle Face, and in other parts of the country, as well as abroad, with the call, “Gota Go Home”, the President cannot be removed constitutionally either through a No-Confidence Motion in Parliament or through a Resolution to Impeach, as explained above. Therefore, the only way for the President to be legitimately removed, is for a voluntary resignation. The fact that the protesters, their supporters and their backers failed to recognise this impediment before they started on their adventure, is disappointing for the generation that is supposed to represent the Future of Sri Lanka.

In the meantime, another section of society is patiently standing in lines to secure basic needs for survival. A section of this citizenry was affected by the policy relating to fertiliser adopted by the government. For them, there is hope that they would be able to restore their livelihoods with the government admitting that the policy while being commendable, failed in the implementation process; a realisation that has caused the government to revisit the manner in which the policy should have been implemented.

The rest of the Sri Lankan population is seriously affected by an inability to secure sufficient energy needs to continue with their livelihoods. This situation is unlikely to improve if the government continues to supplement its energy needs piecemeal, depending on lines of credit. The government needs to seriously engage with a willing party to address its immediate needs as an interim measure, not forgetting its long-term vision and its global commitments to phase out fossil fuels as a source of energy. The broad outlines of an interim arrangement are presented above for consideration. It is left to the government to seriously consider this or alternative interim arrangement, if the economy is to breathe again.



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Rebuilding Sri Lanka Through Inclusive Governance

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Management Committee of the 'Rebuilding Sri Lanka' Fund Appointed with Representatives from the Public and Private Sectors - PMD

In the immediate aftermath of Cyclone Ditwah, the government has moved swiftly to establish a Presidential Task Force for Rebuilding Sri Lanka with a core committee to assess requirements, set priorities, allocate resources and raise and disburse funds. Public reaction, however, has focused on the committee’s problematic composition. All eleven committee members are men, and all non-government seats are held by business personalities with no known expertise in complex national development projects, disaster management and addressing the needs of vulnerable populations. They belong to the top echelon of Sri Lanka’s private sector which has been making extraordinary profits. The government has been urged by civil society groups to reconsider the role and purpose of this task force and reconstitute it to be more representative of the country and its multiple  needs.

 The group of high-powered businessmen initially appointed might greatly help mobilise funds from corporates and international donors, but this group may be ill equipped to determine priorities and oversee disbursement and spending. It would be necessary to separate fundraising, fund oversight and spending prioritisation, given the different capabilities and considerations required for each. International experience in post disaster recovery shows that inclusive and representative structures are more likely to produce outcomes that are equitable, efficient and publicly accepted. Civil society, for instance, brings knowledge rooted in communities, experience in working with vulnerable groups and a capacity to question assumptions that may otherwise go unchallenged.

 A positive and important development is that the government has been responsive to these criticisms and has invited at least one civil society representative to join the Rebuilding Sri Lanka committee. This decision deserves to be taken seriously and responded to positively by civil society which needs to call for more representation rather than a single representative.  Such a demand would reflect an understanding that rebuilding after a national disaster cannot be undertaken by the state and the business community alone. The inclusion of civil society will strengthen transparency and public confidence, particularly at a moment when trust in institutions remains fragile. While one appointment does not in itself ensure inclusive governance, it opens the door to a more participatory approach that needs to be expanded and institutionalised.

Costly Exclusions

 Going  down the road of history, the absence of inclusion in government policymaking has cost the country dearly. The exclusion of others, not of one’s own community or political party, started at the very dawn of Independence in 1948. The Father of the Nation, D S Senanayake, led his government to exclude the Malaiyaha Tamil community by depriving them of their citizenship rights. Eight years later, in 1956, the Oxford educated S W R D Bandaranaike effectively excluded the Tamil speaking people from the government by making Sinhala the sole official language. These early decisions normalised exclusion as a tool of governance rather than accommodation and paved the way for seven decades of political conflict and three decades of internal war.

Exclusion has also taken place virulently on a political party basis. Both of Sri Lanka’s post Independence constitutions were decided on by the government alone. The opposition political parties voted against the new constitutions of 1972 and 1977 because they had been excluded from participating in their design. The proposals they had made were not accepted. The basic law of the country was never forged by consensus. This legacy continues to shape adversarial politics and institutional fragility. The exclusion of other communities and political parties from decision making has led to frequent reversals of government policy. Whether in education or economic regulation or foreign policy, what one government has done the successor government has undone.

 Sri Lanka’s poor performance in securing the foreign investment necessary for rapid economic growth can be attributed to this factor in the main. Policy instability is not simply an economic problem but a political one rooted in narrow ownership of power. In 2022, when the people went on to the streets to protest against the government and caused it to fall, they demanded system change in which their primary focus was corruption, which had reached very high levels both literally and figuratively. The focus on corruption, as being done by the government at present, has two beneficial impacts for the government. The first is that it ensures that a minimum of resources will be wasted so that the maximum may be used for the people’s welfare.

Second Benefit

 The second benefit is that by focusing on the crime of corruption, the government can disable many leaders in the opposition. The more opposition leaders who are behind bars on charges of corruption, the less competition the government faces. Yet these gains do not substitute for the deeper requirement of inclusive governance. The present government seems to have identified corruption as the problem it will emphasise. However, reducing or eliminating corruption by itself is not going to lead to rapid economic development. Corruption is not the sole reason for the absence of economic growth. The most important factor in rapid economic growth is to have government policies that are not reversed every time a new government comes to power.

 For Sri Lanka to make the transition to self-sustaining and rapid economic development, it is necessary that the economic policies followed today are not reversed tomorrow. The best way to ensure continuity of policy is to be inclusive in governance. Instead of excluding those in the opposition, the mainstream opposition in particular needs to be included. In terms of system change, the government has scored high with regard to corruption. There is a general feeling that corruption in the country is much reduced compared to the past. However, with regard to inclusion the government needs to demonstrate more commitment. This was evident in the initial choice of cabinet ministers, who were nearly all men from the majority ethnic community. Important committees it formed, including the Presidential Task Force for a Clean Sri Lanka and the Rebuilding Sri Lanka Task Force, also failed at first to reflect the diversity of the country.

 In a multi ethnic and multi religious society like Sri Lanka, inclusivity is not merely symbolic. It is essential for addressing diverse perspectives and fostering mutual understanding. It is important to have members of the Tamil, Muslim and other minority communities, and women who are 52 percent of the population, appointed to important decision making bodies, especially those tasked with national recovery. Without such representation, the risk is that the very communities most affected by the crisis will remain unheard, and old grievances will be reproduced in new forms. The invitation extended to civil society to participate in the Rebuilding Sri Lanka Task Force is an important beginning. Whether it becomes a turning point will depend on whether the government chooses to make inclusion a principle of governance rather than treat it as a show of concession made under pressure.

by Jehan Perera

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Reservoir operation and flooding

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Floods caused by Cyclone Ditwah

Former Director General of Irrigation, G.T. Dharmasena, in an article, titled “Revival of Innovative systems for reservoir operation and flood forecasting” in The Island of 17 December, 2025, starts out by stating:

“Most reservoirs in Sri Lanka are agriculture and hydropower dominated. Reservoir operators are often unwilling to acknowledge the flood detention capability of major reservoirs during the onset of monsoons. Deviating from the traditional priority for food production and hydropower development, it is time to reorient the operational approach of major reservoirs operators under extreme events, where flood control becomes a vital function. While admitting that total elimination of flood impacts is not technically feasible, the impacts can be reduced by efficient operation of reservoirs and effective early warning systems”.

Addressing the question often raised by the public as to “Why is flooding more prominent downstream of reservoirs compared to the period before they were built,” Mr. Dharmasena cites the following instances: “For instance, why do (sic) Magama in Tissamaharama face floods threats after the construction of the massive Kirindi Oya reservoir? Similarly, why does Ambalantota flood after the construction of Udawalawe Reservoir? Furthermore, why is Molkawa, in the Kalutara District area, getting flooded so often after the construction of Kukule reservoir”?

“These situations exist in several other river basins, too. Engineers must, therefore, be mindful of the need to strictly control the operation of the reservoir gates by their field staff. (Since) “The actual field situation can sometimes deviate significantly from the theoretical technology… it is necessary to examine whether gate operators are strictly adhering to the operational guidelines, as gate operation currently relies too much on the discretion of the operator at the site”.

COMMENT

For Mr. Dharmasena to bring to the attention of the public that “gate operation currently relies too much on the discretion of the operator at the site”, is being disingenuous, after accepting flooding as a way of life for ALL major reservoirs for decades and not doing much about it. As far as the public is concerned, their expectation is that the Institution responsible for Reservoir Management should, not only develop the necessary guidelines to address flooding but also ensure that they are strictly administered by those responsible, without leaving it to the arbitrary discretion of field staff. This exercise should be reviewed annually after each monsoon, if lives are to be saved and livelihoods are to be sustained.

IMPACT of GATE OPERATION on FLOODING

According to Mr. Dhamasena, “Major reservoir spillways are designed for very high return periods… If the spillway gates are opened fully when reservoir is at full capacity, this can produce an artificial flood of a very large magnitude… Therefore, reservoir operators must be mindful in this regard to avoid any artificial flood creation” (Ibid). Continuing, he states: “In reality reservoir spillways are often designed for the sole safety of the reservoir structure, often compromising the safety of the downstream population. This design concept was promoted by foreign agencies in recent times to safeguard their investment for dams. Consequently, the discharge capacities of these spill gates significantly exceed the natural carrying capacity of river(s) downstream” (Ibid).

COMMENT

The design concept where priority is given to the “sole safety of the structure” that causes the discharge capacity of spill gates to “significantly exceed” the carrying capacity of the river is not limited to foreign agencies. Such concepts are also adopted by local designers as well, judging from the fact that flooding is accepted as an inevitable feature of reservoirs. Since design concepts in their current form lack concern for serious destructive consequences downstream and, therefore, unacceptable, it is imperative that the Government mandates that current design criteria are revisited as a critical part of the restoration programme.

CONNECTIVITY BETWEEN GATE OPENINGS and SAFETY MEASURES

It is only after the devastation of historic proportions left behind by Cyclone Ditwah that the Public is aware that major reservoirs are designed with spill gate openings to protect the safety of the structure without factoring in the consequences downstream, such as the safety of the population is an unacceptable proposition. The Institution or Institutions associated with the design have a responsibility not only to inform but also work together with Institutions such as Disaster Management and any others responsible for the consequences downstream, so that they could prepare for what is to follow.

Without working in isolation and without limiting it only to, informing related Institutions, the need is for Institutions that design reservoirs to work as a team with Forecasting and Disaster Management and develop operational frameworks that should be institutionalised and approved by the Cabinet of Ministers. The need is to recognize that without connectivity between spill gate openings and safety measures downstream, catastrophes downstream are bound to recur.

Therefore, the mandate for dam designers and those responsible for disaster management and forecasting should be for them to jointly establish guidelines relating to what safety measures are to be adopted for varying degrees of spill gate openings. For instance, the carrying capacity of the river should relate with a specific openinig of the spill gate. Another specific opening is required when the population should be compelled to move to high ground. The process should continue until the spill gate opening is such that it warrants the population to be evacuated. This relationship could also be established by relating the spill gate openings to the width of the river downstream.

The measures recommended above should be backed up by the judicious use of the land within the flood plain of reservoirs for “DRY DAMS” with sufficient capacity to intercept part of the spill gate discharge from which excess water could be released within the carrying capacity of the river. By relating the capacity of the DRY DAM to the spill gate opening, a degree of safety could be established. However, since the practice of demarcating flood plains is not taken seriously by the Institution concerned, the Government should introduce a Bill that such demarcations are made mandatory as part of State Land in the design and operation of reservoirs. Adopting such a practice would not only contribute significantly to control flooding, but also save lives by not permitting settlement but permitting agricultural activities only within these zones. Furthermore, the creation of an intermediate zone to contain excess flood waters would not tax the safety measures to the extent it would in the absence of such a safety net.

CONCLUSION

Perhaps, the towns of Kotmale and Gampola suffered severe flooding and loss of life because the opening of spill gates to release the unprecedented volumes of water from Cyclone Ditwah, was warranted by the need to ensure the safety of Kotmale and Upper Kotmale Dams.

This and other similar disasters bring into focus the connectivity that exists between forecasting, operation of spill gates, flooding and disaster management. Therefore, it is imperative that the government introduce the much-needed legislative and executive measures to ensure that the agencies associated with these disciplines develop a common operational framework to mitigate flooding and its destructive consequences. A critical feature of such a framework should be the demarcation of the flood plain, and decree that land within the flood plain is a zone set aside for DRY DAMS, planted with trees and free of human settlements, other than for agricultural purposes. In addition, the mandate of such a framework should establish for each river basin the relationship between the degree to which spill gates are opened with levels of flooding and appropriate safety measures.

The government should insist that associated Agencies identify and conduct a pilot project to ascertain the efficacy of the recommendations cited above and if need be, modify it accordingly, so that downstream physical features that are unique to each river basin are taken into account and made an integral feature of reservoir design. Even if such restrictions downstream limit the capacities to store spill gate discharges, it has to be appreciated that providing such facilities within the flood plain to any degree would mitigate the destructive consequences of the flooding.

By Neville Ladduwahetty

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Listening to the Language of Shells

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The ocean rarely raises its voice. Instead, it leaves behind signs — subtle, intricate and enduring — for those willing to observe closely. Along Sri Lanka’s shores, these signs often appear in the form of seashells: spiralled, ridged, polished by waves, carrying within them the quiet history of marine life. For Marine Naturalist Dr. Malik Fernando, these shells are not souvenirs of the sea but storytellers, bearing witness to ecological change, resilience and loss.

“Seashells are among the most eloquent narrators of the ocean’s condition,” Dr. Fernando told The Island. “They are biological archives. If you know how to read them, they reveal the story of our seas, past and present.”

A long-standing marine conservationist and a member of the Marine Subcommittee of the Wildlife & Nature Protection Society (WNPS), Dr. Fernando has dedicated much of his life to understanding and protecting Sri Lanka’s marine ecosystems. While charismatic megafauna often dominate conservation discourse, he has consistently drawn attention to less celebrated but equally vital marine organisms — particularly molluscs, whose shells are integral to coastal and reef ecosystems.

“Shells are often admired for their beauty, but rarely for their function,” he said. “They are homes, shields and structural components of marine habitats. When shell-bearing organisms decline, it destabilises entire food webs.”

Sri Lanka’s geographical identity as an island nation, Dr. Fernando says, is paradoxically underrepresented in national conservation priorities. “We speak passionately about forests and wildlife on land, but our relationship with the ocean remains largely extractive,” he noted. “We fish, mine sand, build along the coast and pollute, yet fail to pause and ask how much the sea can endure.”

Through his work with the WNPS Marine Subcommittee, Dr. Fernando has been at the forefront of advocating for science-led marine policy and integrated coastal management. He stressed that fragmented governance and weak enforcement continue to undermine marine protection efforts. “The ocean does not recognise administrative boundaries,” he said. “But unfortunately, our policies often do.”

He believes that one of the greatest challenges facing marine conservation in Sri Lanka is invisibility. “What happens underwater is out of sight, and therefore out of mind,” he said. “Coral bleaching, mollusc depletion, habitat destruction — these crises unfold silently. By the time the impacts reach the shore, it is often too late.”

Seashells, in this context, become messengers. Changes in shell thickness, size and abundance, Dr. Fernando explained, can signal shifts in ocean chemistry, rising temperatures and increasing acidity — all linked to climate change. “Ocean acidification weakens shells,” he said. “It is a chemical reality with biological consequences. When shells grow thinner, organisms become more vulnerable, and ecosystems less stable.”

Climate change, he warned, is no longer a distant threat but an active force reshaping Sri Lanka’s marine environment. “We are already witnessing altered breeding cycles, migration patterns and species distribution,” he said. “Marine life is responding rapidly. The question is whether humans will respond wisely.”

Despite the gravity of these challenges, Dr. Fernando remains an advocate of hope rooted in knowledge. He believes public awareness and education are essential to reversing marine degradation. “You cannot expect people to protect what they do not understand,” he said. “Marine literacy must begin early — in schools, communities and through public storytelling.”

It is this belief that has driven his involvement in initiatives that use visual narratives to communicate marine science to broader audiences. According to Dr. Fernando, imagery, art and heritage-based storytelling can evoke emotional connections that data alone cannot. “A well-composed image of a shell can inspire curiosity,” he said. “Curiosity leads to respect, and respect to protection.”

Shells, he added, also hold cultural and historical significance in Sri Lanka, having been used for ornamentation, ritual objects and trade for centuries. “They connect nature and culture,” he said. “By celebrating shells, we are also honouring coastal communities whose lives have long been intertwined with the sea.”

However, Dr. Fernando cautioned against romanticising the ocean without acknowledging responsibility. “Celebration must go hand in hand with conservation,” he said. “Otherwise, we risk turning heritage into exploitation.”

He was particularly critical of unregulated shell collection and commercialisation. “What seems harmless — picking up shells — can have cumulative impacts,” he said. “When multiplied across thousands of visitors, it becomes extraction.”

As Sri Lanka continues to promote coastal tourism, Dr. Fernando emphasised the need for sustainability frameworks that prioritise ecosystem health. “Tourism must not come at the cost of the very environments it depends on,” he said. “Marine conservation is not anti-development; it is pro-future.”

Dr. Malik Fernando

Reflecting on his decades-long engagement with the sea, Dr. Fernando described marine conservation as both a scientific pursuit and a moral obligation. “The ocean has given us food, livelihoods, climate regulation and beauty,” he said. “Protecting it is not an act of charity; it is an act of responsibility.”

He called for stronger collaboration between scientists, policymakers, civil society and the private sector. “No single entity can safeguard the ocean alone,” he said. “Conservation requires collective stewardship.”

Yet, amid concern, Dr. Fernando expressed cautious optimism. “Sri Lanka still has immense marine wealth,” he said. “Our reefs, seagrass beds and coastal waters are resilient, if given a chance.”

Standing at the edge of the sea, shells scattered along the sand, one is reminded that the ocean does not shout its warnings. It leaves behind clues — delicate, enduring, easily overlooked. For Dr. Malik Fernando, those clues demand attention.

“The sea is constantly communicating,” he said. “In shells, in currents, in changing patterns of life. The real question is whether we, as a society, are finally prepared to listen — and to act before silence replaces the story.”

 

By Ifham Nizam

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