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Ven. Buddhaghosa no betrayer

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Buddagosha Thera

By Geewananda Gunawardana, Ph.D.

The premise that Ven. Buddhaghosa is responsible for the present status of Buddhism in Sri Lanka (Arahath Mahinda’s mission and betrayal by Ven. Buddhagosa, The Island 06/06/23) is yet another myth. It is true that the current practices have deviated from the teachings of the Buddha, but this transformative process has been in progress for thousands of years under the influence of multitude of factors. The simplest argument against the said premise is that similar transformations have occurred in other places that were outside of Ven. Buddhaghosa’s influence. To understand this transformative process, it is necessary to investigate both the origin of Buddhism in India and its subsequent spread and development in each country in its own ways.

The Buddha rediscovered a set of truths referred to as the Dhamma. The Pali stanza that Buddhists use to venerate the Dhamma clearly explains the nature of these truths thusly: ‘The Dhamma taught by the Blessed One is consistent and teach the same truth, self-evident and can be understood in this life itself, and cannot be changed nor can they be altered over time. Buddha’s Dhamma is to be investigated and can only be understood by oneself. Dhamma is for the wise to understand and realize.’

The Pali term dhamma means many things, but here it refers to What the Buddha Taught, the Buddha Word (vachana), or the Teaching. If the Teaching cannot change, as the stanza states, what keeps changing? In addition to the Teaching, Buddha introduced a system to institutionalise or disseminate his Teaching; in the Pali tradition it is called the sasana. Teaching explains the way Buddha related to reality based on empirical evidence. The objective for his followers is to explore the natural laws or the nature of the universe and the humans’ place in it and “see things as they really are”. The sasana or the system he put in place has three components: 1) knowing the principles (pariyatti), 2) experiencing (patipatti) and 3) realising the truth (pativeda). In simpler terms, this is akin to information turning to knowledge and knowledge turning to wisdom. While dhamma does not change, the sasana or the three aspects can change. Buddha himself predicted that the sasana will change and, at some point, will disappear.

To appreciate this natural process, it is important to understand the way an intellectual and ethical movement started by the Buddha transformed itself into a religion over the millennia. There were many religious movements in India during Buddha’s time, but he was respectful and tolerant of other religions (e.g., Upali Sutta). Instead of rejecting some existing religious concepts, Buddha interpreted them in new ways to fit his Teaching. For example, he gave new meanings to Brahminic concepts such as gods, kamma, and rebirth (Marasinghe 1974, Gombrich 1997). As evident from the large number of Brahmins who became followers of Buddha, the new interpretations were found complete acceptance. That does not mean Brahminism disappeared, it thrived in India and there is ample evidence that it existed in pre-Buddhist Sri Lanka as well along with several other religions such as Jainism, Saivism, and local cults such as Yaksas and Nagas (W. Rahula 1956). It appears that in Sri Lankan Buddhism, the Buddhist interpretations of earlier religious concepts were overlooked in favor of the original or pre-Buddhist interpretations as they better suited to a new narrative.

How did this new narrative arise? There was a major turning point in the history of Buddhism in Sri Lanka that was fundamental to the transformation of the Teaching, but it has been mostly overlooked by scholars. The devastating events of the 1st century BC – famine, internal revolt, and invasions that nearly wiped out the sasana, compelled the Sri Lankan bhikkhus to commit the Tipitaka into writing. After the country returned to normalcy, the surviving few bhikkhus had raised the question: what should be the purpose of the sangha? Is it to practice (patipatti) or to learn (pariyatti) the Teaching? Having experienced the threat that caused near extinction of the Teaching, the sangha had decided that it was learning that is paramount in perpetuating the Teaching. This decision, it appears, resulted in the segregation of monks into two vocations that had not been described in the Pali Canon before: the village dwellers termed grantha-dhura and the forest dwellers termed vipassana-dhura (W. Rahula 1956).

Initially, the grantha-dhura monks were required to learn and teach the Tripitaka ensuring the perpetuation of the Teaching. At a time when writing was not widespread, the primary goal was to memorize the texts and pass it on to the next generation. Gaining a deeper understanding of the Teaching as required for liberation became less important. This attitude towards preservation persists even today: in many temples, copies of the Tipitaka and other texts are kept under lock and key to be used at an unknown future time, and memorizing Pali stanzas without paying much attention to their meanings is standard practice. Over time, the grantha-dhura monks undertook the teaching of other subjects like languages, grammar, history, logic, medicine, and astrology thereby further deviating from the ideals.

Naturally, the grantha-dhura monks contributed more to the society, and rulers and laity alike favoured them and rewarded them over vipassana-dhura monks. This differential treatment contributed to the dominance of the former and the gradual decline and disappearance of the latter. The unfortunate result of this development is that gaining insight into Teaching was mostly neglected and such practices transmitted from the teacher to pupil over centuries were lost. This environment led to the development of a new culture and a narrative in which the Teaching was presented in a different way.

This new trend is captured by Buddhaghosa in his fifth century commentary on Anguttara Nikaya, Manoratha-purani, where he states that at the end of the first millennium after passing of the Buddha, no disciple will have the capacity to become a stream enterer (sotapanna), the first step of the path to enlightenment (Lopez 2008). The important question is if this was Buddhaghosa’s own invention or was it the norm at the time. As patipatti was given up, expecting pativeda was not a realistic goal. Therefore, it is likely that Buddhaghosa was reporting the prevailing view. Based on examination of life and works of Buddhaghosa the renowned Pali scholar C.A.F. Rhys Davids writes that Buddhaghosa was a meticulous translator who did not inject himself into his work, further supporting this possibility (Law 1923).

A biographer of Buddhaghosa (Law 1923) translates a passage from Mahawamsa describing the reason for sending Buddhaghosa to Sri Lanka by his teacher Ven. Revata: “The text alone (of Pitakattaya) has been preserved in this land (India); the Attakatha are not extant here; nor is there any version to be found the vada (schisms) complete. The Sinhala Atthakatha are genuine. They were composed in the Sinhalese language by the inspired and profoundly wise Mahindo, who had previously consulted discourses of the Buddha, at the three conventions…” Buddhaghosa refers to “Poranas” in his commentaries, but as their Sinhala versions do not exists, scholars are unable to confirm their origins. Again, the question is if these controversial views expressed by Buddhaghosa, particularly those relating to meditation, are his own interpretations or did he merely translate the existing texts? Scholars reason that Buddhaghosa’s Visuddhimagga is a revised from of Vimuttimagga, a treatise by a 1st century Sri Lankan bhikkhu named Upatissa, based on the similarities of the two (Nagai 1917).

As Rhys Davids suggested, it appears that Buddhaghosa did not invent things, he compiled his theses based on existing information.

There is another contributing factor that goes further back in history. The focus of the Theravada tradition is the monastic life. However, Buddha has given equal attention to guiding his lay followers to lead prosperous lives and achieve wisdom and inner peace. However, references to this guidance are few and far between in the Pali Canon. It is possible that the transmitters of the message being monastics themselves, had little or no interest in the affairs of laity (B. Rahula 2008). With the option for liberation in this life removed, and the paucity of guidance to laity, the grantha-dhura bhikkhus were compelled to come up with other ways to keep the laity engaged.

As the vipassana-dhura monks distanced from the society and eventually disappeared over time, a consensus has emerged among both monks and the laity that comprehending the Teaching is not possible in this life and it can be done only when the next Buddha Mettteya (Sanskrit Maitreya) appears. This was most likely inspired by Mahayana tradition. There is evidence that Mahayana influence was present in Sri Lanka as early as the 3rd century. In interviews conducted in late twentieth century, the chief prelates of all chapters have declared that it is not possible to reach the ideals of Teaching in this life in complete contradiction of the verse they recite daily to venerate the Teaching (Bond 1988; Southwold 1983; Gombrich 1988). Metteyya is mentioned in the Pali canon only once. According to Pali scholars, the Chakkavatti-Sihanada sutta (DN 26), in which the reference appears, is likely a later addition. On the other hand, post 5th century Sanskrit literature of the Mahayana school carries frequent references to Maitreya. In late 19th century, when Olcott and Blavatsky were spearheading the revival of Buddhism, they incorporated this concept to their Theosophy (Gombrich 1988).

The new narrative presented was to perform meritorious deeds (punna kamma) and collect merits to ensure rebirth in superior realms and wait for Metteya Buddha’s time to attain nibbana. Most of the meritorious activities prescribed were about supporting the sangha, places of worship, and performing elaborate rituals to venerate the Buddha and sacred objects. This served two purposes: maintaining the sangha and the sacred sites while giving an opportunity for the lay followers to safeguard the afterlife. However, the punna kamma as performed under this premise differs from the practice of dana prescribed in the Eight-fold Path as they are done in expectation of something in return. This also opened the door for pre-Buddhist practices such as offering material things and praying to gods, demons, and other spirits in return of favors or protection from ills to be incorporated into the religious life.

It is worthwhile noting that the dictionary defines religion as the belief in and worship of a superhuman power or powers, especially a God or gods. Therefore, the late nineteenth century Western scholars were correct when they coined the term Buddhism to describe the practices they witnessed. By this time, the Teaching, which has an empirical foundation, had been replaced with a belief system involving rituals associated with gods, deities, and sacred objects. The emphasis had shifted to the next life instead of the present life. Cultural rituals and ceremonies have existed during Mahinda’s time, but they were performed for veneration or celebration, but not for salvific purposes as today. As a result, the intellectual and ethical movement that Buddha started had transformed into a religion.

These transformative events keep adding even today. The development of a new ritual known as the Bodhi Puja started around 1976. While the practice of veneration of trees goes back to Buddha’s time, it was not done for salvific purposes. The new Bodhi Puja are perhaps modeled after the Christian services. Bodhi Puja is a very popular practice and is performed to seek help in various situations of life changing from getting through an exam, to getting a job, or to recovering from an illness. This practice is now so widespread that some North American temples conduct Bodhi Puja using potted Bo tree saplings kept indoors.

All is not lost; the Teaching is secure and more accessible to a wider audience than ever. From hindsight, it can be said that the Sri Lankan bhikkhus in the 1st century BC did the right thing. There is only one thing to do to get back on the path: follow the Buddha’s advice to Kalamas. Young generations must be taught not to believe things just because they are in the Pali Canon, or were told by elders, or are in the textbooks prescribed for examinations. They must be taught how to differentiate Teaching from commentaries and literature. Commentators have the liberty to express their views, but, as Buddha advised, we need not take their word without verification.

Scholars, linguists, historians, and archeologists etc., have added new tools to do so. It must be shown that every word in the Pali stanza used to venerate the Teaching is true. It must be emphasized that Teaching is not a belief system and there is no mystery involved; everything is empirical. Science is beginning to catch up with Teaching, and as a result, there are avenues for technology savvy young generations to better relate to the Teaching (Lopez 2008; Wallace ed. 2003; Paul 2016). Teaching offers many tools to benefit life here and now. It is time to stop the blame game and act: encourage the younger generations to be free thinkers and not give into tradition without inquiry. It is the Buddha’s teaching that we should rely on as it provides the skill set needed for leading a prosperous life here and now (B. Rahula 2008).



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Export diversification: Missing the wood for the trees – Part I

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Export of Jackfruit

by Gomi Senadhira

A few recent news items prompted me to write this article. The first was in the Sinhala newspaper Divaina on jackfruits, which said that out of the 280 million jackfruits produced in Sri Lanka, only 80 million were consumed. Does this mean the rest, 200 million fruits, are just wasted every year? However, other available reports estimate that about 70% of the production is consumed and only 30 percent is wasted. Whatever the exact number, we know a substantially large number of jackfruits go to waste. The second was a more recent article in an English paper on cinnamon exports: it states that Sri Lanka is targeting US$ 300 million in cinnamon export earnings this year and aiming for annual export earnings of US$ 500 million by 2030!

Good sense

These news items reminded me of another article I read in The Island a few years ago. It was by Dr. Upatissa Pethiyagoda, a well-known Sri Lankan scientist, diplomat, and writer, about a chance encounter he had with former Prime Minister Wijayananda Dahanayake (WD) in the early 1970s at a Perera & Sons outlet in Kollupitiya, where both had stopped for iced coffee, In those days, politicians, even former prime ministers, walked around without bodyguards and could be spotted at coffee shops, like P&S, in CTB buses or on trains. After learning that Dr. Pethiyagoda was a senior researcher at the Tea Research Institute, Dahanayake quipped that Sri Lanka should focus on five key crops: paddy, sugarcane, pasture grass, coconut, and jack (kos). Dr Pethiyagoda further adds “The unsophisticated wisdom of WD still haunts. Being self-reliant in basic foodstuffs is very respectable and a base for true national pride. A Canadian slogan in support of their (salmon) fishery was “We eat what we can and can what we can’t” or the Thai advertisement line, accompanying a tantalising picture of a fruit basket was “We have got it, come and get it”. Capturing tourism and horticulture simultaneously!”

I do not know why WD advocated promoting jack instead of tea. Yet, 50 years later, while we are trying to expand cinnamon exports into an already saturated market, the global market for jackfruit has become larger than the market for Ceylon cinnamon. Hence, the slogans quoted by Dr Pethiyagada are more than appropriate to promote jackfruit exports.

“We eat what we can and can what we can’t”

Globally, the demand for jackfruit has rapidly increased in recent years due to its appeal to vegan, vegetarian, and health-conscious consumers. However, it is difficult to grasp the size of the global market for jackfruit through import/export statistics, as jackfruit doesn’t have a specific standalone customs code. Customs data, even at the HS eight-digit level, groups jackfruit along with several other tropical fruits. Hence, the numbers given in this article are from various reports available on the Internet. Although the numbers presented in those reports vary, trade dynamics point to a multi-billion-dollar global market for jackfruit which has already reached USD 2.8 billion in 2025 and is likely to reach USD 5.2 billion by 2034. This market is largely dominated by jackfruit processed products (including canned, frozen, and dried items). The market for fresh jackfruit hovers around USD 500 million a year.

“We have got it, come and get it”

With around 300,000 tons of exports annually, Thailand is the leading exporter of jackfruits, closely followed by Vietnam. Interestingly, the value of jackfruit exports from Vietnam has increased remarkably from “… just $3 million in 2015 to an impressive $236.8 million in 2023. ” The South Asian countries are also emerging as leading jackfruit exporters. India exported over 26 million kg (26,000 tons) of jackfruit valued at approximately US$40 million during the 2023-2024 fiscal year. The annual exports from Bangladesh fluctuated between 1000 to 2000 metric tons during the recent years. In contrast, jackfruit exports from Sri Lanka are estimated to be around 20 to 30 metric tons per month, which are mainly in processed form.

Main markets for jackfruits are in North America, Europe, Gulf countries, China, and Australia. Key markets for fresh jackfruits are Gulf countries and China. The governments of the main exporting countries intervene proactively to develop these markets for their exporters. For example, during the visit of the Bangladesh Prime Minister Tarique Rehaman to China in June 2026, one of the MoUs signed was on jackfruit. Based on this MoU, Bangladesh is targeting 500 to 1,000 tons of exports to China during the next year.

Gulf market for fresh jackfruits

As the global demand for jackfruit increases, the demand for fresh jackfruit has also risen in the Gulf countries. The Indian and Bangladeshi exporters have already successfully exploited this market. However, due to perishability and the limited shelf life of fresh jackfruits, exporters from India and Bangladesh rely on air shipments for quicker delivery. Yet, as whole jackfruits are heavy with a high waste-to-edible ratio (thick rind and core), air freighting whole fruit is economically inefficient. Hence, exports are mainly in semi-processed form.

A game changer – export of fresh jackfruits by sea

This brings me to another article published early this month in Bangladesh; it says a Dhaka-based export company shipped 3.5 tons of fresh jackfruits to Dubai by sea in May this year. Though the shipment took over 26 days to reach its destination, the quality of the jackfruit remained intact. If that is so, then it is a game changer. Sea freight from Colombo to Dubai, I believe, takes only 4 to 8 days for a direct port-to-port journey, compared to 26 days from Bangladesh. Hence, exporting jackfruits and other fruits and vegetables by sea to GCC markets from Sri Lanka would be much more efficient and cost-effective.

With its plentiful supply and a lucrative market in close proximity in the Gulf countries, it is difficult to understand how Sri Lanka has not managed to capture a significant share of the market in the GCC, given that Sri Lanka began to export fruits and vegetables into that market long before Bangladesh, Thailand, or Vietnam.

(The writer can be reached at senadhiragomi@gmail.com)

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Insights from Chieftains of Uva: Genealogy of two Kandyan Families – Part II

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Reflections on Kandyan Genealogical Studies:

by Sena Thoradeniya

(Part I of this article appeared in The Island of 19 August 2026)

In the Kandyan territories, genealogical studies have been largely caste based on only those who belong to the so-called upper stratum – the highest echelon of the Govigama caste. Even within this group, attention is reserved for ancient office holders, illustrious figures, and socially prominent members, while non-office holders, side branches, and ordinary kin are omitted. Sub divisions of the Govigama caste, as well as families belonging to the so-called depressed castes, are almost entirely omitted. One reason for this stigmatisation lies in the absence of competition for caste supremacy within the Kandyan regions, unlike in the “low country” areas. This silences the presence of non-elite Kandyans. However, oral genealogies, folk traditions, palm-leaf manuscripts, and colonial records preserve the names of less prominent members.

On the other hand, the descendants of clan leaders, such as the Vidana Maha Durayas, Maha Balitiyannas, Maha Hulawaliyas, Mulacharis, and chiefs of Halu Apullana Henayas, do not seek to record their genealogies as all their ancestral roots have been uprooted and obliterated. In such a context, they have acquired new names, new identities, and fashion a new genealogy as their point of departure. The erasure of older identities forces these families to reconstruct a new lineage.

The only exception within my private collection is “Great Royal Artificer of the Kandyan Kingdom: Devendra Mulachari” by D. D. M. Waidyasekera (2017), which records the architectural works of the master craftsman, chiefly responsible for the design of the Paththirippuwa, Walakulu Bemma, and Mangul Maduwa.

The names of hundreds of master craftsmen and other artificers have been carefully recorded, yet their works remain largely obscure, without their corresponding works save the creations of a few celebrated Sittaras. This creates an inconsistency in cultural memory as in pre-Kandyan days.

In theory, elders are often the custodians of memory, transmitting genealogies across generations, providing names, relationships, anecdotes, and related details that written records are not available, although the memory may be selective and biased influenced by various factors. Today such elders are rare, even within our traditional villages. With the passing of elders, the cultural and historical memory tied to ancient villages was obliterated. I can illustrate this with numerous examples taken from my village.

More often genealogical records, especially those produced by descendants of noble families, are not impartial records. They conceal historical truths such as collaboration with colonial expeditions, capture of the last King, betrayal during 1818 and 1848 uprisings as some Kandyan chiefs sided with the British during the 1818 and 1848 uprisings, and their servility to British colonial rulers as junior partners in the administration. Their descendants too later held high office under colonial rule, but genealogical records often present only illustrious service. But modern historians, colonial records, and oral traditions unravel these tainted facts. Some descendants of freedom fighters who were executed or transported to the Isle of France, sometimes rose to prominence under the British.

Although genealogical writers are not historians, they can and do omit vital information if they tarnish family prestige. They can consult archival records, oral traditions, and colonial documents to augment their studies. This writer suggests a combination of all sources as explained at the beginning of this essay.

It is true that the line between genealogical study and historical research is less rigid or open. Both genealogists and researchers may use the same sources, but the distinction lies in the purpose and the method. The primary aim of genealogy is to trace lineage, kinship ties and family continuity. It is basically descriptive and compilatory, but it needs critical assessments. Genealogy becomes research when the genealogist moves beyond compiling sources, and analyzing and interpreting them, situating family history in a wider historical process.

In Kandyan genealogical studies, clashes and serious discrepancies between family records, oral traditions, colonial writings, and modern historical scholarship are common. The problem is how to weigh them against one another looking for convergences. Discrepancies arise when genealogical writers adhere to their own records for family pride or myth making, without consulting other sources, without following a more balanced approach, and allowing the reader to formulate independent perspectives. Failure to engage multiple sources perpetuates partial inquiry rather than historical inquiry.

Wanniachy faithfully traces the ancestry of the Taldena family from the era of King Devanam Piyatissa, drawing upon family history, oral tradition, and two folk poems. Yet his account remains narrowly confined, for he pays little attention to other archival sources, colonial writings, and modern historical scholarship. Works such as Paul E. Pieris’s “Sinhale and the Patriots, 1815–1818” (1950/1995), Tennakone Wimalananda’s “The Great Rebellion of 1818” (1963), are conspicuously absent from his study. Although colonial records remain largely inaccessible to the general public, the writings of modern historians reach a wider audience.

Wimalananda records that Taldena Mohottala, a chieftain of Viyaluwa, saw his house ransacked and destroyed by the British troops during the uprising of 1818. In ancient times, a Mohottala, was a scribe, a secretary, whose main function was collecting and sending the King’s and Dissave’s revenue. Mohottalas of Uva also assumed far greater powers by reason of the distance from the capital, Kandy.

The English dismembered the ancient Uva Maha Disawa, under the almost independent authority of a Maha Disava and created six Disavas, of which one was Oya Palatha.

Paul E. Pieris says that Taldena in recognition of his good work for the British, demanded the post of Disava of Oya Palatha. Owing to his collaboration with the colonial administration, he was appointed Acting Dissava of Oya Palatha. Taldena however, again fell under suspicion, was kept under detention at the Barrier Guard and the British administration thought advisable to remove him from Badulla. As he was ill under detention he could not be removed to Colombo as ordered. He was removed from his position of Oya Palata Disava and was called upon to deposit his valuables at the Badulla Kachcheri, as security for his good behaviuor. On depositing his valuables with the Agent, he was released from detention.

Wimalananda further notes that the Taldena family established marital ties with families in the Batticaloa District. A native of Pottuvil, Mutu Banda’s relative, Sama Kumarihamy alias Ramath, married G. B. Taldena; her second husband was Mutukumaru Murugesu Pillai, and their daughter was Madduma Kumarihamy.

The ancient Maha Disava of Uva was further divided. In my series of articles on the Kandyan chieftains under British rule, I have noted that in 1908 Charles Taldena was appointed Gravets Muhandiram of Kandy by J. P. Lewis, Government Agent of the Central Province. In his report, Lewis observed that this office, as had always been the case, was once again entrusted to a Kandyan, whereas previously it had been conferred upon a “lowcountry” official.

In Chapter Four of his booklet, Wanniachy turns to the history and genealogy of the Mullegama family. Though Mullegama does not belong to Uva, the family is linked to the Taldenas through intermarriage, as he explains. Mullegama itself is a village in Harispattuwa, situated about two kilometers off from the Ambatenna junction along the Kandy–Matale road. In tracing the lineage of the Mullegamas, Wanniachy relies closely on A. C. Lawrie’s Gazetteer of the Central Province of Ceylon (1898).

Mullegama, once Dissava of Wellassa and Dissava of Navayodun Korale supported the British expedition. Yet in 1818, British troops plundered his residence at Wellassa, seizing his most treasured possessions, among them gifts from Sri Vickrema, an elephant, and two horses, which were later sold in Badulla, says Paul E. Peiris. During the Uva uprising, he provided the British with valuable intelligence, and in recognition of his services he was subsequently appointed as Siyapattuwe Adhikaram, a post created by Sri Vickrema, an ironic reward for loyalty despite the plundering.

Lawrie records that the estate of the Mullegama Maha Nilame was divided, and that one grandson sold his share to Moormen of Akurana. He further notes that all the walawwa lands were eventually sold, with a Moorman of Akurana purchasing part of the walawwa, repairing it, and residing there. The pathetic decline of the Mullegama estates is poignantly reflected in Asoka M. Herath’s Sinhala novel Nindagama (2002), a symbolic resonance of the literary echo of dispossession.

I am acutely aware that independent researchers and genealogists of Kandyan families often incur the displeasure of presentday descendants, for the facts they uncover are seldom palatable. Their inquiries reveal that certain ancestors occupied the lower rungs of the royal administration yet later attained high office under the British through collaboration with the colonial regime. Such revelations, though historically significant, provoke resentment among descendants who prefer to sustain more exalted narratives of lineage. This genealogical selectivity perpetuates sanitised family histories and conceals the complexities of colonial collaboration.

In Kandyan genealogical studies compiled by kinsmen, attention is almost exclusively bestowed upon the illustrious figures who once served the king. Their descendants, even those living today, are relegated to mere entries in family trees, noted with their matrimonial alliances. Wanniachy’s book is no exception.

Why does this occur? By highlighting only those ancestors who held office or enjoyed distinction, families reinforced their claims to nobility and social standing. Descendants, unless they themselves attained prominence, were recorded routinely since their presence served only continuity but not prestige.

I thought it necessary to highlight certain technical shortcomings of the book. In the present publishing climate, design has become a matter of considerable importance. Proper book design requires attention to margins, chapter titles, and other elements of presentation. Moreover, the volume carries no ISBN, indicating that it has not been registered with the National Library. This omission prevents the work from being catalogued in the Sri Lanka National Archives, the Museum Library, the National Library, and the University of Peradeniya Library and diminishes its archival value. Another notable deficiency is the absence of the author’s address and contact information. (Concluded)

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22nd Amendment: Proof of the pudding will be in the eating

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Superior Courts Complex

by Jehan Perera

It appears that the die has been cast on the 22nd Amendment. The government appears unshaken in its determination to ensure its passage into law. From the government’s perspective, the 22nd Amendment and associated legislation, by increasing the tenure of all judges by two years, will give them the extra time to complete their existing cases. This will do away with the need to change judges midstream and have complex legal cases go back to the beginning, which has too often been the case. The completion of these cases will be to the benefit of the victims who have waited for decades for justice in some cases. It will also be to the government’s benefit as many of the wrongdoers are those in the political opposition. In the past, human rights and democracy activists, not to mention lawyers in the field, have bemoaned the manner in which court cases have got delayed for a variety of reasons, including judges being promoted or transferred midstream or reaching the age of retirement.

Principled opposition to 22nd Amendment is articulated in terms of the ad hoc and sudden emergence of the amendment. Those who advance this argument have expressed concern that extending judges’ tenure could create a sense of indebtedness to the government and weaken judicial independence. They would prefer the extension of judges’ tenure to be part of a comprehensive package of constitutional reforms that would apply across the board to other sectors of the public service and, ideally, find its place in the new constitution that the NPP promised in its election manifesto. The question is one of timing. Public opinion surveys carried out regularly have shown that the vast majority of people consider that corruption and criminality at high levels need to be brought to an end as soon as possible. They want accountability to become real rather than remain an unfulfilled promise. The public mood today is that the era of impunity must finally end.

Investigations by law enforcement agencies into the misdeeds of politicians in the past have too often come to naught due to the lack of political will on the part of successive governments. But on this occasion there is a manifest expression of such political will, as witnessed in the seemingly endless series of corruption and criminality cases being uncovered and exposed week by week and month by month. It is equally predictable that those under investigation will seek to challenge the legitimacy of this process. Some will perceive the prosecutions as essentially being in the nature of political revenge rather than lawful accountability and argue along those lines. Others will seek to rally public opinion by questioning the independence of the institutions involved. These reactions should surprise no one. But they make it all the more important that the credibility of the institutions through which accountability is pursued be safeguarded.

Safeguard Change

There is an old saying that society is a mule, not a horse. A horse may respond to repeated use of the spurs, but a mule, if driven too hard, may throw its rider off altogether. The proverb captures an important truth about governing societies. History offers many examples of societies that succeeded in exposing wrongdoing but failed to build reconciliation afterwards. The greatest danger is not merely that the guilty will protest their innocence. That is to be expected. The greater danger is that punishment itself becomes the principal language of politics. When that happens, each change of government carries with it the expectation that today’s judgments will tomorrow be revisited, reversed or avenged.

The electoral verdicts of 2024 that swept the NPP into power brought an entirely new group of political leaders to the fore. This transition needs to take place with care to ensure that polarisation and civil conflict are contained rather than intensified. The post-22nd Amendment period will therefore require something more than legal correctness. It will require political sagacity. Accountability needs to be seen in the light of strengthening the legitimacy of institutions rather than becoming sidetracked into another arena of political contestation. If justice comes to be seen as merely the continuation of politics by legal means, even deserving convictions of wrongdoers may lose public confidence on which long lasting justice depends.

Troubling in this context has been the conduct of some opponents of the amendment. They have not only attacked the government leadership for taking forward the 22nd Amendment. They have also launched personal attacks on judges and cast sweeping aspersions on the judiciary itself. Ironically, in seeking to discredit the courts before they deliver their judgments, they risk undermining the very institution they claim to defend. The lawyers who have united against the 22nd Amendment have every right and duty to raise constitutional concerns. Opposition politicians have every right to criticise legislation. But both also carry a responsibility not to erode public confidence in the judiciary through speculative accusations that prejudge the integrity of judges before they have acted. Such argumentation weakens an institution that belongs to the entire country, not to any government or opposition.

Real Test

Sri Lanka is emerging from decades of violent conflict and deep political polarization. Too often in our history, one government’s triumph has become the next government’s point of demonization as in the once widely used phrase of the “17 year curse” by the successor government. Institutions rebuilt today must therefore survive tomorrow’s transfer of power. They must earn the confidence not only of those who celebrate today’s victories, but also of those who will one day sit in opposition. Institutions that command confidence across political divides need to become stronger and not weaker than the governments that created them.

The national challenge is no longer simply whether accountability will be pursued. It is whether accountability will restore faith in the law by ending a culture of impunity that for too long protected the powerful while denying justice to victims. The country has waited too long for that moment. It must not now be compromised by unnecessary political confrontation or irresponsible attacks on the courts. Ultimately, the strongest answer to the critics of the 22nd Amendment will not come from government ministers or parliamentary speeches. It will need to come from the judges themselves.

The extension of the tenure of members of the judiciary will place an even greater obligation upon them to demonstrate, through every judgment they deliver, that they are truly independent, impartial and beholden to no political authority. If they uphold the law without fear or favour, they will expose the predictions of the doomsayers as unfounded. Those in the legal profession, media, civil society and politics should likewise recognise that criticism of judicial decisions must not become an assault on the institution of the judiciary itself. The greatest service that all sides can render Sri Lanka at this moment is to strengthen the people’s faith that justice belongs equally to every citizen and that no one, however powerful, stands above the law.

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