The saffron robe, Sri Lanka’s opium of the masses

By Kassapa

A month ago, of all the potential pitfalls that could have befallen the National Peoples’ Power (NPP) government, the case of a chief prelate being accused of molesting a minor would have been considered the least likely. Today, that is a very real possibility with this ‘test’ case threatening the very foundations of the government, exposing its inefficiency and indecisiveness.

The chief prelate of the ‘atamasthana’ in Anuradhapura, Pallegama Hemarathana thero has been accused of having repeated sexual relations with an underage girl. As the girl is below the age of consent for sexual activities, if proven, this constitutes statutory rape. Unlike in most cases where lack of consent has to be proven, in this instance only the act has to be confirmed. Of course, the chief prelate is entitled to the presumption of innocence like every other accused but the circumstantial evidence is piling up. If scientific evidence corroborates what is claimed, it could end up being an enormous headache for the government.

It shouldn’t be. After all, this is one more case, the only ‘special’ factor is the accused being No.5 in the country’s Buddhist hierarchy, behind the Mahanayake theros of the four chapters. Yet, that factor alone could prove to be the government’s undoing.

Before this government came into office, opposition political parties used the NPP’s lack of religious affiliation to criticise it. For instance, the Esala perahera would be banned, they claimed. That may have struck a chord with a small minority of voters but the NPP was overwhelmingly endorsed, nevertheless.

Since then, the government has been working overtime to portray that it is committed to religion and to Buddhism in particular. A special exposition of Buddha’s relics was held. The peace walk which achieved fame in the United States was received with state patronage. Even when a group of Buddhist monks were nabbed with narcotics, the Mahanayake theros were consulted about the steps to be taken, including disrobing them until legal proceedings against them were concluded.  

That is when the case about a girl claiming abuse by the Anuradhapura chief prelate hit the headlines, almost incidentally. First she was reported missing by her mother to the Police. When they discovered her, she provided a tale of repeated sexual abuse, beginning with the chief prelate. The can of worms had been opened.       

To its credit, the government did adopt a ‘hands off’ policy with regard to the investigations. Perhaps this is more so because the Secretary to the Ministry of Public Security Ravi Seneviratne is reportedly related to the prelate. Seneviratne has taken extra care not to get involved in anyway, lest he be accused of nepotism.

However, judging by the claims made by the National Child Protection Authority (NCPA) in court, it is evident that the Police dragged their feet in their investigations. Despite compelling evidence, they did not move to arrest the prelate until a motion was submitted to court by the NCPA. In fact, they didn’t even report the case to the NCPA until a journalist did so. When the Police told court that investigations were ‘complete’, they hadn’t recorded video evidence of the alleged victim, nor had they obtained all the necessary samples.

There is more. The Attorney General’s Department didn’t think it was necessary to send one of its learned counsel for the bail hearing while the prelate was represented by a President’s Counsel. As a result, the NCPA’s Director of Legal Enforcement had to make submissions- though she did an excellent job of it. Finally, the Police did not object to bail being granted. As a result, it was.

On any other issue, one would expect the opposition to be screaming foul from the rooftops and demanding justice. They uttered not a word. The only comment came from Dilum Amunugama who called the complainant girl a sex worker. No opposition party was going to risk their relationship with the influential Buddhist clergy, by asking for a fair trial. There is nothing surprising in that, of course.

Being in authority, one expects the government to act differently. They need not have influenced investigations but they also had an obligation to ensure that the relevant state agencies were performing their duties without fear or favour. That didn’t happen. The government took on the role of spectator, watching idly while two state agencies, the Police and the NCPA clashed with each other.

The NCPA’s Director of Legal Enforcement took the Police to task and left the latter’s reputation in tatters. Shaken by that, the Police later held a media briefing where they did little to convince the public that they did the right thing. Caught off guard, Minister Saroja Paulraj also held a media briefing but it was too little, too late. The public are already angry that the wheels of justice are heavily skewed in favour of the prelate.

It is clear that the government was also adopting the opposition’s default position- that of not antagonising the Buddhist clergy, little realising that this is not what the public expects from them. If it moves to act now and correct its lapses, many in the opposition will claim that the process of investigations is being tampered with and that “Buddhism is being destroyed”.

The stark reality is that sexual abuse in religious institutions is an unspoken fact which many Sri Lankans secretly acknowledge but do not have the courage to confront. No so-called ‘mainstream’ political party dared to tackle it when they were in power for seven and a half decades. So, here was a chance for a party with no religious background of note to confront the monster head on and what better ‘test’ case than one involving one of the foremost leaders of the Buddhist clergy?

So far, that hasn’t happened. One does not envy the government. If it facilitates a free and fair investigation, it will be accused of anti-Buddhist activities. If it doesn’t, the right-thinking faction of civil society will be up in arms, which is what is happening now.

There is still time. The trial is not over yet. This could be the ultimate test of this government’s integrity and sincerity, a test that will be very difficult to pass after days of vacillating. This will test the mettle of Anura Kumara Dissanayake whose hometown ironically is in Anuradhapura.