The Gnanasara controversy and political dangers –

The repeated declaration made by President Anura Kumara Dissanayake and other leaders of the National People’s Power (NPP) Government – that their policy is to treat all communities equally and that they will never again allow racism and religious extremism to rear their heads – has now faced a real test in the form of the controversy involving Bodu Bala Sena General Secretary Galagoda Aththe Gnanasara Thera.

In southern Sri Lankan politics, the Gnanasara issue is not merely a legal action concerning an individual Buddhist monk; rather, it has turned into a crucial testing ground that will determine Sri Lanka’s democratic future and the rule of law.

The controversy erupted following an incident where, in accordance with the regulations of the Prisons Department that had been in practice until now, Gnanasara Thera’s saffron robe was removed and he was brought to court from prison dressed in ordinary clothes.

It is said that the authority to disrobe a monk or strip them of their monkhood rests solely with the monk himself, if he chooses to do so of his own free will, or, according to Buddhist codes of conduct, with the Sanga Sabha comprising the Mahanayaka Theras – the heads of the highest Buddhist chapters.

Accusing the prison officials of disrespecting the Buddhasasana by removing Gnanasara Thera’s saffron robe, members of the Maha Sangha demanded that he be allowed to wear the robe whenever he is brought out of prison to court.

Objecting to the manner in which Gnanasara Thera was treated, the Mahanayaka Theras of all four main Buddhist chapters collectively wrote a letter to the Commissioner General of Prisons. Following this, President Dissanayake, along with the Ministers of Buddhasasana and Justice, met and held talks with senior clergy from the three nikayas at his secretariat on 8 October.

During that meeting, the President firmly stated that he would not issue unlawful orders for the sake of a single individual or under pressure from any organisation, and that his personal preferences could not become the law of the country.

While President Dissanayake’s declaration before a delegation of the Maha Sangha – stating that not even the Executive President had the authority to break the law, which is equal to all – was widely praised, his announcement that a committee would be appointed within two weeks to review the existing prison laws and regulations regarding Buddhist monks simultaneously sparked criticism that he had succumbed to pressure from the Maha Sangha.

A welcome stance

It is necessary to analyse both these perspectives impartially against the historical backdrop of Sri Lankan heads of State traditionally acting in alignment with the wishes and preferences of the Maha Sangha.

If the President had issued an arbitrary order violating the law currently in force, it could have been described as blatant capitulation. However, attempting to legally amend the colonial-era Prisons Ordinance in line with modern requirements, without harming the traditions of the Buddhasasana, cannot be viewed as submission.

Why should President Dissanayake’s remarks to the Maha Sangha delegation not be seen as a courageous first step towards changing the long-standing culture of bending the law through political or religious influence? His statement that new amendments and regulations should neither target nor grant special privileges to any specific monk, and that they would be created as general rules for the entire prison system, is a welcome stance rejecting concessions for individual political gain.

Following the President’s announcement that a committee would be appointed within two weeks, a committee tasked with reviewing the laws and regulations governing prisons submitted its interim report to the President’s Secretary in less than a week, on 14 October.

Subsequently, Justice Minister Harshana Nanayakkara announced that the Government was considering altering regulations governing the treatment of imprisoned monks, including their right to wear saffron robes when taken outside prison.

The monks’ challenge

There is little doubt that President Dissanayake’s explanation of the principle that ‘everyone is equal before the law,’ given during the meeting at the Presidential Secretariat, would have angered many monks.

Their actions lead one to suspect whether a considerable section of Buddhist monks have misunderstood the Constitution, which accords Buddhism the foremost place and states that it is the duty of the Sri Lankan State to protect and foster the Buddhasasana, to mean that they are above the law and that governments must do whatever they dictate.

A section of Buddhist monks, whose duty is to follow and teach the public the doctrine of the Buddha – the very epitome of peace – behave outrageously in public spaces. Such conduct on their part was again on display during the protest held a few days ago in front of the Presidential Secretariat at Galle Face, Colombo.

The protest, which initially began against prison officials who disrobed Gnanasara Thera and brought him to court in civilian clothes, eventually turned into a movement demanding his immediate release. The Justice for the Robe – Freedom March, launched by a group of monks near the Sri Dalada Maligawa in Kandy on 10 October, reached the Presidential Secretariat in Colombo on its sixth day.

The objective of these monks was to bend the Government to their will in the Gnanasara affair. Some even issued a deadline to the President’s Secretary, demanding a response from the President within 10 minutes on whether Gnanasara Thera would be granted a pardon and released.

However, the Government stood firm without ceding to their demands, maintaining that action could only be taken according to the law. At the end of a three-day siege in front of the Presidential Secretariat, the monks and their supporters were compelled to dismantle their tents and disperse after a court injunction was issued. Later, a section of them staged a satyagraha protest at Viharamahadevi Park.

Govt. holds firm

Since Gnanasara Thera was re-arrested only after the presidential pardon granted to him by former President Maithripala Sirisena was annulled by the court, the Government’s position remains that legal procedures will be strictly followed. While President Dissanayake reiterated that he could not act outside the law or overstep his boundaries, Prime Minister Harini Amarasuriya stated that only the court could handle the Gnanasara matter.

Minister K.D. Lalkantha stated that neither the President nor the Government would make a decision to release Gnanasara Thera. Cabinet Spokesperson, Minister Nalinda Jayatissa emphasised that the law would be implemented equally for everyone regardless of political power or social status, and that the Government was not prepared to amend or bend the law to grant privileges to any individual. The Government remains firm in its position.

Setting up tents in front of the Presidential Secretariat and staging a siege does not automatically turn every demonstration into an Aragalaya (people’s struggle). The underlying causes behind protests are what determine the public’s support for them.

Repeating a dangerous game

Meanwhile, the Gnanasara issue has exposed that Opposition parties in southern Sri Lanka are relying primarily on racism and religious extremism to mobilise forces against the NPP.

To the question of whether religious leaders are above civil law, the answer in any democratic system in the world is ‘no’. The fundamental constitutional right that ‘all are equal before the law’ applies equally to a monk or priest as it does to a common citizen.

Southern politicians showed a keen interest in turning the Gnanasara issue into a weapon for narrow political gain. Inciting communalism and religious extremism to seize power has long been a well-worn tactic of politicians in Sri Lanka’s history. The country ultimately reaped the harvest of racism in the form of a brutal three-decade-long civil war.

Southern Opposition parties and extremist organisations have once again taken up a similar dangerous game today. As legal actions against corruption and irregularities intensify – unmasking several political figures from the past – they are using religious sentiments as a shield to protect themselves and regain public support.

Attempting to create a false narrative that ‘religion is in danger’ based on the robes of a convicted religious leader and trying to incite unrest among the public pose a grave threat to the country’s peace. Sri Lankan society must not forget the lessons learnt from the bitter experiences of the past. People must understand the selfish political motives behind the politicians who urge them to take to the streets in the name of religion and nationalism.

Upholding justice and strengthening the rule of law are the hallmarks of a civilised society. People must act with restraint and awareness, without giving space to forces seeking to reignite the fires of racism and religious extremism for short-term political benefits. Instead of resorting to emotional criticisms, supporting actions that reinforce the rule of law is what will pave the way for sustainable peace in the country.

Those concerned with ensuring that racism and religious extremism do not rise again must certainly express their solidarity with President Dissanayake’s stance on the controversy created by the Gnanasara issue.

However, in this matter, the President and the Government – who claim to be striving to protect the rule of law and the principle that all are equal before the law – must summon the political courage to take a similarly firm stance on the numerous issues affecting minority communities as a necessity of the times.

(The writer is a senior journalist based in Colombo)

(The views and opinions expressed in this article are those of the writer and do not necessarily reflect the official position of this publication)

Source:The Morning.LK

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British Airways resumes flights to Sri Lanka after 10 years

British Airways has resumed flights to Sri Lanka after a 10-year break, with its first aircraft arriving at Bandaranaike International Airport (BIA) in Katunayake on Saturday (October 24).

The Boeing 777-200ER aircraft, operating as flight BA2045 from London Gatwick Airport, arrived in Colombo in the morning, marking the airline’s return to Sri Lanka.

The airline is scheduled to operate three flights a week between London Gatwick and Colombo, strengthening air connectivity between Sri Lanka and the United Kingdom.

The resumption of services is expected to provide a boost to Sri Lanka’s tourism industry, particularly as the UK remains one of the country’s key tourist markets.

The new service is also expected to facilitate business travel and strengthen trade, tourism and people-to-people connections between the two countries.

Advantis Aviation Services, a subsidiary of Sri Lanka’s Hayleys Group, will serve as British Airways’ General Sales Agent (GSA) in the country.

According to British Airways, the Colombo route will operate as a seasonal service during the winter schedule, offering passengers economy, premium economy and business class options.

Built with private donations, free for patients: Rs 350 mn Comfort Care Home opens in Sarasalai,Chavakachcheri, Jaffna

A new palliative care centre built at a cost of over Rs. 350 million with contributions from local and overseas donors was opened in Chavakachcheri, Jaffna, on October 24, offering completely free care to patients suffering from serious and life-limiting illnesses.

The facility, named Comfort Care Home, was officially opened by Minister of Health and Mass Media Dr. Nalinda Jayatissa in Sarasalai, Chavakachcheri.

Unlike conventional medical facilities, the centre focuses on providing comfort, pain relief and emotional support to patients facing advanced stages of illnesses, including cancer and organ failure.

The facility features 20 private rooms, pain management services, oxygen therapy, round-the-clock nursing care and a spiritual garden designed to promote patients’ mental well-being.

Patients will also receive nutritious meals based on medical recommendations, with all services provided completely free of charge.

The project was spearheaded by Dr. K. Devakanthan, a retired nephrologist currently residing in the United States, who serves as the founder and chairman of Comfort Care Home.

The centre was developed with financial support from local and international philanthropists and donors.

More than an acre of land required for the project was donated by the family of the late teacher Kanagasabai.

Speaking at the opening ceremony, Minister Jayatissa said that although modern medicine has made significant progress in treating diseases, there are situations where curing an illness is no longer possible.

He stressed that providing pain relief, emotional comfort, dignity and compassionate care to patients in such circumstances remains an essential responsibility of the healthcare system.

The Minister also noted that palliative care facilities could reduce the financial and emotional burden on families while allowing government hospitals to better utilise resources for patients requiring emergency treatment.

He expressed hope that the Comfort Care Home would serve as a model for establishing similar facilities in other parts of Sri Lanka.

The Minister also pledged the Health Ministry’s support for the continued operation of the centre.

Fisheries Minister Ramalingam Chandrasekar, Northern Province Governor Nagalingam Vethanayahan, healthcare professionals, project founders and donors attended the opening ceremony.

TELO slams govt., calls for Tamil parties to unite and press for political solution

The Tamil Eelam Liberation Organisation (TELO) has declared its readiness to bring Tamil parties together to press for a political solution.

TELO spokesman Suren Kurusamy has alleged that the NPP government has not delivered anything it promised the Tamils, at the 2024 national elections. He said so addressing the media following a central committee meeting at the party’s head office at Vairavapuliyankulam in Vavuniya last weekend.

Tamil Guardian quoted the TELO Spokesman as having said that the government was arresting those accused of corruption and bribery to satisfy people in the South and while that was welcome, not one of the promises the Sri Lankan President and his party made to Tamils in the North-East at election time had been carried out. The government had pledged a permanent political solution through a new Constitution and had made no progress on it, Kurusamy said.

TELO has decided to close ranks with six Tamil-speaking parties operating locally, the five parties in the Democratic Tamil National Alliance and other forces in the Tamil nationalist sphere, in order to apply pressure towards a permanent political solution, Kurusamy said. It will also work with overseas Tamil organisations to secure international support.

The party resolved to unite Tamil political forces to press for the long-delayed provincial council election to be held immediately, and to oppose outright the new anti-terrorism legislation replacing the Prevention of Terrorism Act, which Kurusamy said was designed to protect the state and shut down action against it. The UN human rights office has warned that the Bill repeats the failings of the PTA, and Tamils across the North-East have protested against it. TELO would bring all sides together to campaign against it.

More than 60 percent of Tamils had been pushed below the poverty line by the economic crisis, he said, with rises in the price of milk powder, rice and sugar and a heavy tax burden leaving people unable to meet daily costs. The party decided to mount mass protests demanding the government address this.

Tamil nationalist parties should work together on the common problems facing Tamils beyond elections, Kurusamy said, pointing to TELO joining the Illankai Tamil Arasu Katchi at a recent relay hunger strike in Jaffna as a model for future campaigns on rights and livelihoods.

New counterterrorism bill risks perpetuating past abuses: AI

The Sri Lankan government’s proposed new counterterrorism legislation allows wide scope for abuse and poses serious threats to human rights, Amnesty International has said in a legal analysis.

Despite some improvements on the previous white paper of the law issued in late 2025, the Protection of the State from Terrorism bill, which will replace the repressive and long-standing Prevention of Terrorism Act (PTA), retains an overly broad and ambiguous definition of terrorism that leaves room for arbitrary interpretation and the potential criminalization of dissent, protest, and the activities of civil society organisations.

The bill, which was tabled on 6 October, is now before the Supreme Court to check its compatibility with Sri Lanka’s Constitution. Depending on the Supreme Court’s determination, the law is set to be debated by Sri Lanka’s parliament in the coming weeks.

“Any attempt to revise a counterterror law which has time and time again been weaponised by the authorities against dissent, government critics, and minorities must be given the utmost scrutiny. The new bill must break with this legacy of abuse, not give the authorities new tools to silence dissent,” said Smriti Singh, Amnesty International’s South Asia Director.

“Sri Lanka’s history of abusing such legislation makes robust, enforceable safeguards essential, and these remain inadequately addressed in the bill, sparking serious human rights concerns.”

In addition to the overbroad definition of terrorism, the bill permits detention for up to one year without charge, alongside the possibility of up to one year of pretrial detention – a cumulation of two years in detention even before the start of a trial. This breaches the right to be free from arbitrary detention, the presumption of innocence, and the right to be tried within a reasonable time.

“Allowing a person to be detained for up to a year before being charged, with the prospect of a further year in pretrial detention, raises grave concerns about arbitrary detention and the right to a fair trial. No one should have to spend years in detention while the state delays bringing a case to trial,” said Smriti Singh.

“We urge Sri Lanka’s parliament to withdraw this bill and reform the law in line with international human rights law and standards. Until this is done, the PTA should not be misused further.”

Amnesty International is calling on Sri Lanka’s authorities to reform the law using key benchmarks provided to Sri Lanka by UN special rapporteurs to enable substantive reform of the PTA.

The bill’s definition of terrorism is narrower compared with the bill’s earlier draft and incorporates additional safeguards. For example, the initial draft criminalized certain acts done with the purpose of “infringing on the sovereignty of Sri Lanka”, without a clear definition of what would constitute such intent. This has been removed in the updated bill, which is welcome.

However, Amnesty International is concerned that the offence of terrorism, as drafted in the bill, remains too broad and falls below the standards required under international law.

Firstly, section 3(4) of the bill does not expressly exclude protests, advocacy, dissent, industrial action, or humanitarian and medical assistance from the scope of terrorism offences. Instead, it merely states that such conduct is not, by itself, sufficient to establish the required elements of an offence. This caveat falls short of a clear safeguard as it leaves room for broad interpretation. The law should clearly state that protected activities, such as protests and advocacy, cannot be treated as terrorism offences.

Secondly, Amnesty International does not consider that offences only causing a “likelihood” of “substantial economic loss”, as laid down in the new bill, meet the high hurt threshold required for an offence to constitute terrorism.

The tabled bill introduces various new safeguards compared to the 2025 white paper. These include judicial oversight of any attempt by the Executive to proscribe an organization and the establishment of a review committee to examine the legality of detention orders. However, the committee’s members will be appointed by the Minister of Defence, a member of the cabinet, raising serious questions about its independence.

“A review committee appointed by a minister cannot provide the necessary assurance of independent scrutiny of detention orders. It is the criminal justice system, with the safeguards of a fair criminal trial, that should determine whether a person is guilty of a crime and should be sentenced,” said Smriti Singh.

Other human rights concerns around the bill raised previously by Amnesty International remain. These include the extension of police powers to armed forces and coast guards; as well as provisions permitting the Attorney General, with High Court approval, to defer prosecutions or suspend trials for up to 20 years in certain cases. Rather than proceeding to trial, suspects may agree to conditions such as apologies or reparations, while remaining exposed to the prospect of prosecution for decades. This raises concerns regarding accountability, victims’ right to justice, and the right of accused persons to legal certainty and a timely determination of criminal charges.

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Military gives up Keppapilavu land

Acting on a Defence Ministry directive, the military has handed over 6.97 acres of land at Keppapilavu, Mullaitivu District, to Divisional Secretary of Maritimepattu.

The Defence Ministry said that the handover was in line with the government’s policy of releasing lands used by security forces, except those required for essential national security purposes, and returning them to their rightful owners and for public use.

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Gazette issued on procedures regarding removal of imprisoned Buddhist monks’ robes

The Acting Commissioner General of Prisons has issued an Extraordinary Gazette notification outlining the procedures to be followed regarding the removal of monastic robes when a Buddhist monk is imprisoned.

The relevant Gazette notification was issued by Acting Commissioner General of Prisons Prasad Hemantha Kumara, with the approval of the Minister of Justice.

Accordingly, several Standing Orders of the Department of Prisons have been amended.

When a Buddhist monk is admitted to prison as an inmate, the Department of Buddhist Affairs must inform the relevant Buddhist Chapter or Sect regarding the removal of the monastic robes worn by the monk up to that point.

“356A. Where a Buddhist monk is imprisoned, the Commissioner of Prisons shall consult the Department of Buddhist Affairs regarding the removal of the robes worn by such monk at the time of imprisonment, and the Department of Buddhist Affairs shall inform the relevant Nikaya or Chapter accordingly and notify the Commissioner of Prisons of the actions taken by the Nikaya or Chapter regarding the removal of such robes within ten days. Where no response regarding the actions to be taken is received within that period, the Commissioner of Prisons may take the necessary action in accordance with the relevant provisions:

Provided that the preceding provisions shall, mutatis mutandis, apply to the imprisonment of any priest of any other religion.”

The measures taken by the relevant Chapter or Sect regarding the removal of robes must be communicated to the Commissioner of Prisons through the Department of Buddhist Affairs within ten days. The Gazette notification further states that if no response is received within this period, the Commissioner of Prisons may proceed in accordance with the relevant provisions.

When an imprisoned monk is released from prison, permission must be granted for him to wear the same robes he was wearing at the time of his imprisonment. However, if the relevant Chapter or Sect has not granted approval for him to wear robes in this manner, the Commissioner of Prisons must act in accordance with the relevant directives.

For the purpose of obtaining the necessary approval from the relevant Chapter or Sect, the Commissioner of Prisons must notify the Department of Buddhist Affairs within seven (07) working days from the date of imprisonment.

The Gazette notification further states that these orders shall also apply, with the necessary modifications, when a member of the clergy belonging to another religion is admitted to prison or released.

Court cannot order Gnanasara Thera’s robes restored: Judge

Colombo High Court Judge Buddhika C. Ragala said the court had no authority to issue an order to have Bodu Bala Sena General Secretary Ven. Galagoda Aththe Gnanasara Thera, who is in prison custody, dressed in robes again.

The judge questioned in open court today whether all other imprisoned Buddhist monks should also be dressed in robes by the Mahanayake Theras before being produced in court.

The matter arose when the case against Gnanasara Thera over allegations that he undermined communal harmony by making a statement insulting Islam was called before the judge.

Prison officials produced the accused monk remotely through a WhatsApp video call.

Explaining the arrangements, the judge noted that, after Gnanasara Thera was imprisoned under a sentencing order issued by the Court of Appeal, prison officials had removed his robes, dressed him in white clothing and produced him in court for other proceedings.

The judge said prison officials had informed the court through a motion filed two days earlier that the accused would appear remotely to prevent possible unrest, following agitated behavior by a group of Buddhist monks over the incident.

Appearing for Gnanasara Thera, attorney Ashoka Weerasuriya told the court that the Mahanayake Thera of the Kotte Chapter had written to prison authorities requesting that the monk be ceremonially dressed in robes again without violating prison regulations. However, no response had yet been received, he said.

The lawyer therefore requested that the necessary steps be taken to have Gnanasara Thera ceremonially dressed in robes again.

Rejecting the request, Judge Ragala emphasized that the court had no authority to issue any order concerning the removal of the accused’s robes.

The judge said many other Buddhist monks were serving prison sentences after being convicted of various offenses. He questioned whether all of them would have to be dressed in robes by the Mahanayake Theras before being produced for further court proceedings.

The judge also directed both parties to inform the court at the next hearing whether they intended to enter into a plea agreement under the Code of Criminal Procedure (Amendment) Act, No. 50 of 2024.

After considering the submissions, the court fixed the next hearing for January 29, 2027.

Sri Lanka, China to Strengthen Centuries-Old Cultural Bonds

The long-standing friendship between Sri Lanka and China could soon enter an exciting new chapter, with fresh discussions focusing on everything from Buddhist education and cinema to literature and cultural heritage preservation.

A special meeting between Wei Huaxiang, Ambassador of the People’s Republic of China to Sri Lanka, and Dr. Hiniduma Sunil Senevi, Minister of Buddha Sasana, Religious and Cultural Affairs, was held at the ministry premises yesterday, where both sides explored new avenues to strengthen religious and cultural cooperation between the two countries.

Against the backdrop of centuries-old historical and cultural links, the talks centered on expanding exchanges that could bring tangible benefits to students, artists, academics and cultural institutions in both nations.

Among the key proposals discussed were the introduction of film exchange programmes between Sri Lanka and China, creating opportunities for audiences in both countries to experience each other’s cinematic achievements while expanding cultural understanding through the arts.

The discussions also focused on providing scholarships for Sri Lankan students to pursue Buddhist studies in China, a move that could further strengthen educational and spiritual ties between the two nations while creating new academic pathways for local scholars.

Officials additionally exchanged views on the translation and exchange of literary works, opening the door for greater access to the rich literary traditions of both countries and helping cultural knowledge cross linguistic boundaries.

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Can a research centre on Katchatheevu resolve the Indo-Lanka fisheries issue? -Daily Mirror.LK

Katchatheevu, a barren islet between Sri Lanka’s Delft Island and India’s Rameswaram, sprouts up

in the news on and off whenever the fisheries issue between Sri Lanka and India, Tamil Nadu to be specific, crops up following arrests of fishermen or any untoward incident involved. Recently, it surfaced in the public domain after the Indian Supreme Court, in an interim, procedural and humanitarian order, cautioned the Union and Tamil Nadu Governments against Tamil Nadu fishermen crossing the International Maritime Boundary Line for fishing in Sri Lanka’s territorial waters.
Katchatheevu was placed on the Sri Lankan side in keeping with the demarcation of maritime boundary lines under the agreement signed in June, 1974. Another agreement signed in March 1976 stipulated boundary lines in the Gulf of Mannar and the Bay of Bengal. The latest agreement bars fishermen from crossing each country’s waters. Besides, Article 5 of the 1974 agreement allows Indian fishermen and pilgrims to visit the islet without travel documents. Nevertheless, no fishing right has been envisaged in the agreement.

Indian Supreme Court’s latest ruling has invited a new public discourse to find a way out of this decades-long problem. A roundtable discussion organised by Pathfinder Foundation offered a platform for a diverse set of opinions.

It centred on the proposal that Sri Lanka should assert its presence in the islet in terms of marine research activities.

Pathfinder Foundation’s Chairman Bernard Goonetilleke, in his presentation of proposals for a sustainable solution to the crisis, envisaged the establishment of a fisheries research station on Katchatheevu, with a mandate to conduct fisheries-related research and contribute to the sustainable management of marine resources in the surrounding waters. He said that the proposal was intended to serve a practical purpose beyond the continuing political debate over the island’s status.

It will create an opportunity to improve scientific understanding of fish stocks, marine ecosystems and sustainable fishing practices in the Palk Bay and adjacent waters. Establishing a research facility will also provide a continuing Sri Lankan institutional presence on the island, consistent with Sri Lanka’s position under the existing India–Sri Lanka maritime arrangements. Research activities could include monitoring fish stocks, studying the effects of bottom trawling, assessing marine habitats and identifying approaches to restoring depleted fisheries resources. The station could also provide a platform for scientific cooperation between Sri Lankan and Indian fisheries researchers, where mutually agreed arrangements make such cooperation possible. Despite the potential benefits, the Sri Lankan Government did not follow up on the proposal, according to him.

However, former Foreign Secretary Ravinatha Aryasinha held different views in this regard and laid emphasis more on a political approach with the involvement of affected communities to find a lasting solution.

Mr Aryasinha, who is also the Executive Director of the Regional Centre for Security Studies (RCSS) said the controversy surrounding Katchatheevu is often reduced to a dispute over Indian fishermen crossing the maritime boundary line into Sri Lankan waters.

Referring to the historical context, he said that the agreement involved not only the transfer of Katchatheevu but also the Wadge Bank, a maritime area located off the southern tip of India near Kanyakumari.

The point is that, having exhausted the fisheries resources in the Wadge Bank, the pressure is now shifting elsewhere. These are natural processes, and one must understand them,” he said.

Asserting that Tamil Nadu political authorities can possibly act differently to India’s Supreme Court’s order, he said, “I find it difficult to understand why this issue should be treated as inseparable from Katchatheevu. Linking a solution to the fisheries problem with Katchatheevu could amount to fishing in troubled waters. Technological innovations, experimental fishing methods and improved fisheries-management practices can be introduced without involving Katchatheevu. There is no compelling reason why the island should become the focal point of efforts to resolve a problem that can be addressed through other practical measures.”
He said, “I sense that this issue needs to be resolved through dialogue between the governments in New Delhi and Colombo, while also engaging the Tamil Nadu government and the people of Jaffna. After all, this is a people’s issue on both sides of the Palk Strait. There is strong sentiment in Jaffna over the matter, notwithstanding the close and fraternal relations between the people on both sides.

Tamil Nadu Chief Minister Vijay may bring a different political perspective to the issue, given that he leads a party outside the established DMK and AIADMK political establishments. While his political approach and relationship with the Union Government will become clearer over time, his leadership could provide an opportunity to examine the fisheries dispute and the Katchatheevu question as two distinct issues, according to him.

In response, Mr Goonetilleke from Pathfinder Foundation, however, said that there was a suggestion in the past for undertaking joint research involving NARA on Sri Lankan side and the Central Marine Fisheries Research Institute of Cochin.

“We don’t have the official records of the meeting, but the available information says that this proposal has come forward. There was an understanding in principle to think about this kind of joint activity. The particular research centre is located at Aadampur,” he said.

“It is very interesting to examine the details of the institute. It is a 92-acre facility undertaking research in various areas, including fisheries, seaweed cultivation and alternative livelihoods for fishing communities. This presents an opportunity for both sides to work together and jointly engage in such research,” he said.
If there is an understanding between the two sides to collaborate in these areas, the Tamil Nadu authorities and the public would also recognise that the objective of such research is to protect the health and well-being of the Bay of Bengal and its marine resources, and nothing else,” he added.

We have to be strategic – Nilantha Ilangamuwa

Journalist and analyst Nilantha Ilangamuwa said the long-held notion that “India’s problem is not our problem, and our problem is not India’s problem” was impractical and unrealistic, as it allowed the two countries to evade their responsibilities. “We are neighbours and have to act strategically. If you are suggesting the establishment of a third-party apolitical research facility there, it would be a proactive approach on our part,” he said.
He said such a mechanism could prove useful in the years ahead, as developments in India’s political and legal landscape could have implications for Sri Lanka.
“Some of these matters could find their way into future reports and judgements, whether in the coming years or later. Perhaps this could happen after the Modi government; nobody knows how Indian politics will evolve. In my opinion, establishing a proactive mechanism on the Sri Lankan side would be important and useful, particularly in light of the insights discussed,” he said.

Common ground the way out, India has no intention to take over Katchatheevu

Prof. Jayanath Colombage, a former Navy Commander and Foreign Secretary of Sri Lanka, said Katchatheevu had become an additional burden on the Sri Lanka Navy, which is responsible for maintaining a presence around the island. “There is a small Navy contingent there during normal times. There is no separate budget for it; the expenditure is entirely borne by the Sri Lankan Government as part of the Navy’s Northern Command. The Navy maintains a presence on all the islands, including Delft, Nainativu, Analaitivu, Eluvaitivu, Karaitivu, Kayts and Mandaitivu. Further south, we also have Pooneryn, Talaimannar and Mannar,” he said.
Prof. Colombage agreed with Ambassador Aryasinha that establishing a research centre on Katchatheevu could complicate the issue. However, he expressed optimism that the Indian central government had no intention of reclaiming the island.

“There is no historical evidence to suggest that India exercised control over Katchatheevu. Even if we consider the historical evidence, the United Nations Convention on the Law of the Sea, adopted in 1982, provides the contemporary legal framework. Historical evidence is important in law, but it has to be considered within the applicable legal framework.

“In the fisheries sector, the argument is that fishermen traditionally operated in these waters. However, traditional fishing practices do not, by themselves, determine sovereignty over territory or override established maritime boundaries. A similar argument has arisen in the South China Sea, where historical fishing activities have been invoked in disputes over maritime rights,” he said.

He stressed that Sri Lanka should not antagonise India.

Bottom trawling takes place away from Katchatheevu

He, however, said that harmful bottom trawling takes place away from the islet in Sri Lankan waters as the fish stocks on the Indian side of the sea had been exhausted at the moment. Emphasising the need for a middle ground to resolve this issue, he said that the introduction of steel-hulled boats in place of wooden-hulled boats in Tamil Nadu worsened the problem, affecting local fishermen.

“If a small, 17-foot fibreglass dinghy collides with a steel-hulled boat, the consequences could be devastating for the smaller vessel. Another practical problem is that when steel trawlers cross fishing nets laid by local fishermen, the entire net can be destroyed.

These are some of the practical difficulties fishermen face. The real objective, however, is to find common ground without antagonising India. We have goodwill between the two countries, so why can’t we use it to resolve this issue?” he asked.

The Supreme Court’s decision also referred to the excellent relationship between India and its neighbour, Sri Lanka. That is an important consideration. Just as India should take into account the need to preserve its excellent relations with Sri Lanka, we too must be mindful of the importance of not antagonising India. We should use the goodwill that exists between the two countries to find a mutually acceptable solution, he said.

600 prawn processing plants in Tamil Nadu

In an obvious reference to how Tamil Nadu businessmen benefit from poaching in Sri Lankan waters, he said that there are about 600 prawn processing plants in Tamil Nadu exporting produce to the markets in the European Union.
“Where is the main export market? Europe. Now, according to IUU fishing regulations, you have to declare where you catch fish. So what do they say? Indian Ocean prawns. Right? So, I think we have to find a solution rather than allowing it to go for another 50 years.
We have to understand the law, the practicalities of it and go for a solution. Our job is not to find a solution, but make some recommendations.

Reservoir of goodwill

Sri Lanka and India have close ties. India extended vital economic assistance to Sri Lanka in the wake of the 2022 economic crisis. The time is opportune for the sustainable resolution of this issue without making it a permanent irritant to bilateral relations.