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Opinion

Comments on President’s address to the nation

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By Neville Ladduwahetty

Following the resignation of former Prime Minister Mahinda Rajapaksa and the Cabinet of Ministers, President Gotabaya Rajapaksa addressed the Nation, during the course of which he is reported to have stated that “a new constitutional amendment containing provisions of the 19th Amendment would be brought in” and furthermore, “some people have asked for the abolition of the Executive Presidency. I will make room for that after discussing with all stakeholders” (The Island, May 12, 2022).What is intended herein is to caution the President that while there are provisions in the 19th Amendment that are noteworthy, certain provisions need to be deleted and others completely revised, and still others included as fresh provisions.

For instance, Article 33A, which requires the President to be responsible to Parliament, and Article 42 (2) should be deleted because they contradict the very core principles of the separation of power enshrined in Presidential Systems. The provision contained in Chapter VIIA establishing “the Constitutional Council”, responsible for appointments to high posts and Independent Commissions needs to be replaced with a fresh arrangement for setting up Independent Commissions because it failed to comply with the specified constitutional obligations. A fresh provision is the one that relates to Article 42 (1) which states, “There shall be a Cabinet of Ministers charged with the direction and control of the Government of the Republic”. However, there is no constitutional provision to ensure how this all-important provision works in practice.

Another issue addressed herein is the abolition of the Executive Presidency. The choices are between been referred to as semi-presidential. Each system has its merits and demerits. Therefore, it is critical that the choice between the two takes into serious consideration the context within which the system operates. For instance, the political structure in Sri Lanka is made up of a multiplicity of political parties representing a variety of interests, ideologies and communities. As such, it could be assured that the formation of any government is inevitably a coalition, which by its very nature is not known for stability. Therefore, in the particular context of Sri Lanka’s political formations, a presidential system should be the preferred option because the Executive and Parliament are elected separately by the people, thereby ensuring that at least, one branch – the Executive – is free of Parliamentary instability.

ARTICLES 33A and 42 (2)

Article 33A states: “The President shall be responsible to Parliament for the due exercise, performance and discharge of his powers, duties and functions under the Constitution ….” AND Article 42 (2) states, “The Cabinet of Ministers shall be collectively responsible and answerable to Parliament.”

Both Articles were first blindly incorporated into the 1978 Constitution that was drafted for a presidential system of government, and later into the 19th Amendment, notwithstanding the fact that they are provisions applicable to a parliamentary system of government. Such serious contradictions reflect poorly on the drafters of the 1978 Constitution and the 19th Amendment.A Supreme Court bench of seven judges unanimously stated in (SC FR 351- 3612/2018), that “the first rule when interpreting Constitutions is that words in a statute must be given their ordinary meaning.” Based on this rule, while Article 3 states, “Sovereignty includes powers of government ….” and Article 4 (b) states, “The executive power of the People including the defence of Sri Lanka shall be exercised by the President of the Republic elected by the People”, how could one organ of government be responsible to another organ of government – the Parliament, which is also separately elected, but by the same People?

Commenting on how the Cabinet of Ministers derives its power, the Supreme Court in (S.D. No. 04/2015) stated, “The Court in the Nineteenth Amendment Determination came to the conclusion that the transfer, relinquishment or removal of a power attributed to one organ of government to another organ or body would be inconsistent with Article 3 read with Article 4 of the Constitution. Though Article 4 provides for the form and manner of exercise of the sovereignty of the people, the ultimate act or decision of the executive functions must be retained by the President. So long as the President remains the Head of the Executive, the exercise of his powers remain (sic) supreme or sovereign in the executive field and others to whom such powers are given must derive the authority from the President or exercise the Executive power vested in the President as a delegate of the President.”

It is therefore crystal clear from the determination of the Supreme Court that the President or the Cabinet of Ministers cannot be responsible to Parliament, and that the Cabinet of Ministers derives its authority from the President and exercises its power as delegated power of the President. Therefore, if the intention is to incorporate provisions of 19 A, the above provisions should be deleted. The fact that they continue to exist despite the SC determination is because of flawed practices resorted to by Parliament.

CONSTITUTIONAL COUNCILS and INDEPENDENT COMMISSIONS

The Constitutional Council (CC) consists of 10 members with the Speaker as its Chairman. Of the 10 members in the CC, seven are members of Parliament and three are outsiders nominated by the Prime Minister and the Leader of the Opposition.Article 41 B (1) states, “No person shall be appointed by the President as the Chairman or a member of any of the Commissions specified in the Schedule to this Article, except on the recommendation of the Council”.

Article 41C (1) states, “No person shall be appointed by the President to any of the Officers specified in the Schedule to this Article, unless such appointment has been approved by the Council upon a recommendation made to the Council by the President.” However, prior to the establishment of the Constitutional Council all appointments of public officers and the judiciary were made by the President in keeping with Articles 54, 55 and 107 of the 1978 Constitution.

Based on the SC Determination cited above, the establishment of a CC is a clear and deliberate attempt to remove and transfer power from one organ of government – the President – to another organ that is predominantly from Parliament. Therefore, the establishment of the CC should have warranted a referendum. However, the SC determined otherwise, based on a determination made by a previous Court in connection with the 17th Amendment.Notwithstanding such contradictions, the fact remains that at the end of the day, appointments to high posts and Independent Commissions are made either by the Executive or by Parliament. If the intention is to foster an independent Public and Judicial Services that is free of political influence, ALL appointments to Administrative and Judicial institutions should be made either by a Public Service Commission or a Judicial Service Commission, as was the practice prior to the politicisation of these institutions.

The need to politicise Administrative and Judicial institutions arose in order to politically control the manner in which these institutions functioned, because those who manned them became a law unto themselves. To overcome such possibilities, instead of attempting to exercise control by directly getting involved in their appointments and how they function, a more effective proposition would be to make the appointments to high posts by independent Public Service and Judicial Service Commissions, and monitor and review regularly their performance through Constitutionally strengthened Parliamentary Oversight and Sectoral Committees.The recommendation therefore is to delete Chapter VIIA that contain provisions for the establishment of a CC incorporated in the 19th Amendment. What is recommended instead is that a Constitutionally empowered Public Service and Judicial Service Commissions recommend for appointment by the President, ALL appointments to high posts stating with Secretaries to Ministries and Heads of Departments. Such a Public Service and a Judicial Service Commission should be vested with executive powers to promote, transfer, exercise disciplinary control and dismissal of public officers, including addressing grievances of the public. An arrangement close to what is recommended already exists with the Police Commission that handles only public grievances. All other functions of the Police Department have already been transferred to the Public Service Commission.

PARLIAMENTARY OVERSIGHT and SECTORAL COMMITTEES

At present, Parliamentary Oversight and Sectoral Committees function under provisions set up under Standing Orders. What is recommended is to make provisions for these Committees to function under provisions of the Constitution, thereby empowering them to fulfil the primary function of reviewing the performance of the policies of the Cabinet of Ministers in respect of the direction and control of the government and the administrative performance of the administrators implementing the policies. Such an arrangement permits Parliament through these Committees to review executive action since the Presidential system does not permit the Cabinet of Ministers to be responsible and answerable to Parliament as stated above. Furthermore, such empowered Committees should have the authority to review the performance of the administrators, notwithstanding the fact that they are appointed by independent Public Service and Judicial Service Commissions.

A significant fact overlooked is that it is the Separation of Power between Parliament responsible for Legislation and the Executive responsible for executive action, that permits the review of executive action by Parliament. However, it must be noted that the review of executive action by these Committees does not mean that the Cabinet of Ministers are collectively responsible and answerable to Parliament. Such a feature where executive action is reviewed by Parliament does not exist under a parliamentary system, because the latter does not recognize separation of power between Parliament and the Cabinet of Ministers.

ABOLITION of the EXECUTIVE PRESIDENCY

Does the slogan of the protesters calling “Gota-go-home” mean for the incumbent President to be replaced by another, or the abolition of the Presidential System? On the other hand, the Executive Committee of the Bar Association is very specific. They want the Executive Presidential System abolished. Having so stated, the President of the Bar Association during the course of an interview stated, “I think the abolition of the Executive Presidency and the reinstatement of the 19th Amendment are the key constitutional changes that should be dealt with” (The Sunday Morning, May 15, 2022).There is a contradiction in the above statement. Since the 19thA is an Amendment to the 1978 Constitution, which for all intents and purposes is a presidential system, how could its “reinstatement” exist if the Executive Presidency is abolished? If 19A is perceived as a weakened Executive Presidency, as some do, the fact remains that 19A has to function within a presidential system, weakened or not.

The perception that 19A weakened the executive powers of the President could be challenged because although the President “shall” act on the advice of the Prime Minister (Article 43 (2), Article 43 (3) states that the President “may at any time change the assignment of subjects and functions and the composition of the Cabinet of Ministers”. This means the President “may at any time” undermine the “advice” of the Prime Minister. As for appointment of State Ministers and Deputy Ministers, 19A states that the President “may” on the advice of the Prime Minister make such appointments. Such discretionary provisions cannot amount to a weakening of Executive Power. On the other hand, the establishment of The Constitutional Council is a clear instance of transfer and removal of the executive power that should have required a referendum. Under the circumstances, the perception that reinstating 19A amounts to abolishing the executive presidency is seriously flawed.If the attempt is to abolish the executive presidency, what is it to be replaced with? If it is to reinstate a parliamentary system, it is absolutely critical that hard realities that currently exist in Parliament be recognized. For instance, the present Parliament is made up of 15 political parties. This means that the formation of any government must necessarily be a coalition representing a variety of interests, ideologies, and communities. The stability of such a conglomerate is tenuous, and since the executive and the legislature are represented by a coalition under a parliamentary system, the inevitable outcome would be the instability of the whole government. For instance, between the years 1948 to 1972, only one out of eight governments successfully completed the five-year term (Daily FT, January 30, 2018).

Such instability is not inherent under presidential systems because the sovereignty of the people is exercised separately by a President responsible for exercising the executive power of the People and a Parliament elected separately to exercise the legislative power of the People. Therefore, even if Parliament is made up of coalition governments that inherently are unstable, at least the Executive would continue, thus ensuring the stability of at least one branch of the government. Therefore, the Executive Presidential System should be retained. Furthermore, the attempt should not be a towards a weakened Presidency or one that is responsible to Parliament, but one that functions well under constitutional checks and balances exercised by Parliament.

CONCLUSION

The President during the course of his address to the nation following the resignation of former Prime Minister and the Cabinet of Ministers, stated that a new Amendment would be presented “containing the provisions of the 19th Amendment”. Furthermore, he stated that he would consider abolishing the Executive Presidency.The need to contain provisions of 19A in a new Constitutional Amendment is because of the popular belief that 19A diluted the executive power the President enjoyed under the original 1978 Constitution. How realistic is this belief? The claim that the executive power of the President was diluted under 19A is because Article 43 (2) states the Cabinet “shall” be appointed on the advice of the Prime Minister, whereas the original 1978 Constitution stated that the President would appoint the Cabinet “in consultation with the Prime Minister where he considers such consultation to be necessary”, which indeed is less obligatory than the wording in 19A. However, the 1978 Constitution as well as 19A contains the provision that the President “may, at any time change the assignment of subjects and functions and the composition of the Cabinet of Ministers….” Since this provision overrides the intended compulsion to dilute executive power, there is in fact no removal or transfer of power from one authority to another. If the interpretation is that power was in fact transferred, relinquished or removed, it would have required a referendum since it would be inconsistent with Article 3 read with Article 4, as determined by the Supreme Court cited above.

Other provisions that should be deleted from 19A are Article 33A, which states that the President is responsible to Parliament, and Article 42 (2), which states that the Cabinet of Ministers “are collectively responsible and answerable to Parliament” because they are inconsistent with Article 3 read with Article 4, that separate legislative and executive powers into two organs of government that are separately elected by the People. Therefore, one organ cannot be responsible to another of equal standing. Furthermore, since the Cabinet of Ministers operates on the delegated power of the President, it cannot be responsible to Parliament either. How such misreading of separation of power could have survived from 1978 and continue to exist in 19A reflects poorly on the framers of the Constitutions.A key provision that should be deleted is Chapter VIIA in 19A, which establishes the Constitutional Council. Prior to 19A, the Executive headed by the President was responsible for ALL appointments to high posts. In order to dilute the power of the President, 19A transferred the responsibility of recommending officers to high posts and Independent Commissions to the Constitutional Council, seven of whose 10 members are from Parliament. It is therefore apparent that appointments are subject to the influence of either the Executive or the Parliament.

Since such arrangements are not conducive to the independence of administration, what is recommended herein is to scrap the concept of the Constitutional Council making recommendations for appointment to high posts and Independent Commissions, and pass on such responsibilities to the Independent Public Service and the Judicial Service Commissions. The performance of personnel so recommended and appointed by the President would be subject to the review of Constitutionally empowered Parliamentary Oversight and Sectoral Committees. Furthermore, the reviews would also enable such Committees to oversee executive action. Thus, since such Committees would be fulfilling two functions, it is absolutely vital that the provision is constitutionally empowered so that these Committees are incorporated into the new amendment to the Constitution.As for abolishing the executive presidency and reinstating 19A, it is a contradiction because 19A cannot exist after abolishing the Executive Presidency; 19A exists within the framework of a Presidential System, weakened or not.What is intended herein are recommendations that should be given serious consideration if the intention of a new Amendment is to introduce a new and improved 19th Amendment.



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Opinion

Child food poverty: A prowling menace

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by Dr B.J.C.Perera 
MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paed), MRCP(UK), FRCP(Edin),
FRCP(Lon), FRCPCH(UK), FSLCPaed, FCCP, Hony FRCPCH(UK), Hony. FCGP(SL) 
Specialist Consultant Paediatrician and Honorary Senior Fellow,
Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.
Joint Editor, Sri Lanka Journal of Child Health

In an age of unprecedented global development, technological advancements, universal connectivity, and improvements in living standards in many areas of the world, it is a very dark irony that child food poverty remains a pressing issue. UNICEF defines child food poverty as children’s inability to access and consume a nutritious and diverse diet in early childhood. Despite the planet Earth’s undisputed capacity to produce enough food to nourish everyone, millions of children still go hungry each day. We desperately need to explore the multifaceted deleterious effects of child food poverty, on physical health, cognitive development, emotional well-being, and societal impacts and then try to formulate a road map to alleviate its deleterious effects.

Every day, right across the world, millions of parents and families are struggling to provide nutritious and diverse foods that young children desperately need to reach their full potential. Growing inequities, conflict, and climate crises, combined with rising food prices, the overabundance of unhealthy foods, harmful food marketing strategies and poor child-feeding practices, are condemning millions of children to child food poverty.

In a communique dated 06th June 2024, UNICEF reports that globally, 1 in 4 children; approximately 181 million under the age of five, live in severe child food poverty, defined as consuming at most, two of eight food groups in early childhood. These children are up to 50 per cent more likely to suffer from life-threatening malnutrition. Child Food Poverty: Nutrition Deprivation in Early Childhood – the third issue of UNICEF’s flagship Child Nutrition Report – highlights that millions of young children are unable to access and consume the nutritious and diverse diets that are essential for their growth and development in early childhood and beyond.

It is highlighted in the report that four out of five children experiencing severe child food poverty are fed only breastmilk or just some other milk and/or a starchy staple, such as maize, rice or wheat. Less than 10 per cent of these children are fed fruits and vegetables and less than 5 per cent are fed nutrient-dense foods such as eggs, fish, poultry, or meat. These are horrendous statistics that should pull at the heartstrings of the discerning populace of this world.

The report also identifies the drivers of child food poverty. Strikingly, though 46 per cent of all cases of severe child food poverty are among poor households where income poverty is likely to be a major driver, 54 per cent live in relatively wealthier households, among whom poor food environments and feeding practices are the main drivers of food poverty in early childhood.

One of the most immediate and visible effects of child food poverty is its detrimental impact on physical health. Malnutrition, which can result from both insufficient calorie intake and lack of essential nutrients, is a prevalent consequence. Chronic undernourishment during formative years leads to stunted growth, weakened immune systems, and increased susceptibility to infections and diseases. Children who do not receive adequate nutrition are more likely to suffer from conditions such as anaemia, rickets, and developmental delays.

Moreover, the lack of proper nutrition can have long-term health consequences. Malnourished children are at a higher risk of developing chronic illnesses such as heart disease, diabetes, and obesity later in life. The paradox of child food poverty is that it can lead to both undernutrition and overnutrition, with children in food-insecure households often consuming calorie-dense but nutrient-poor foods due to economic constraints. This dietary pattern increases the risk of obesity, creating a vicious cycle of poor health outcomes.

The impacts of child food poverty extend beyond physical health, severely affecting cognitive development and educational attainment. Adequate nutrition is crucial for brain development, particularly in the early years of life. Malnutrition can impair cognitive functions such as attention, memory, and problem-solving skills. Studies have consistently shown that malnourished children perform worse academically compared to their well-nourished peers. Inadequate nutrition during early childhood can lead to reduced school readiness and lower IQ scores. These children often struggle to concentrate in school, miss more days due to illness, and have lower overall academic performance. This educational disadvantage perpetuates the cycle of poverty, as lower educational attainment reduces future employment opportunities and earning potential.

The emotional and psychological effects of child food poverty are profound and are often overlooked. Food insecurity creates a constant state of stress and anxiety for both children and their families. The uncertainty of not knowing when or where the next meal will come from can lead to feelings of helplessness and despair. Children in food-insecure households are more likely to experience behavioural problems, including hyperactivity, aggression, and withdrawal. The stigma associated with poverty and hunger can further exacerbate these emotional challenges. Children who experience food poverty may feel shame and embarrassment, leading to social isolation and reduced self-esteem. This psychological toll can have lasting effects, contributing to mental health issues such as depression and anxiety in adolescence and adulthood.

Child food poverty also perpetuates cycles of poverty and inequality. Children who grow up in food-insecure households are more likely to remain in poverty as adults, continuing the intergenerational transmission of disadvantage. This cycle of poverty exacerbates social disparities, contributing to increased crime rates, reduced social cohesion, and greater reliance on social welfare programmes. The repercussions of child food poverty ripple through society, creating economic and social challenges that affect everyone. The healthcare costs associated with treating malnutrition-related illnesses and chronic diseases are substantial. Additionally, the educational deficits linked to child food poverty result in a less skilled workforce, which hampers economic growth and productivity.

Addressing child food poverty requires a multi-faceted approach that tackles both immediate needs and underlying causes. Policy interventions are crucial in ensuring that all children have access to adequate nutrition. This can include expanding social safety nets, such as food assistance programmes and school meal initiatives, as well as targeted manoeuvres to reach more vulnerable families. Ensuring that these programmes are adequately funded and effectively implemented is essential for their success.

In addition to direct food assistance, broader economic and social policies are needed to address the root causes of poverty. This includes efforts to increase household incomes through living wage policies, job training programs, and economic development initiatives. Supporting families with affordable childcare, healthcare, and housing can also alleviate some of the financial pressures that contribute to food insecurity.

Community-based initiatives play a vital role in combating child food poverty. Local food banks, community gardens, and nutrition education programmes can help provide immediate relief and promote long-term food security. Collaborative efforts between government, non-profits, and the private sector are necessary to create sustainable solutions.

Child food poverty is a profound and inescapable issue with far-reaching consequences. Its deleterious effects on physical health, cognitive development, emotional well-being, and societal stability underscore the urgent need for comprehensive action. As we strive for a more equitable and just world, addressing child food poverty must be a priority. By ensuring that all children have access to adequate nutrition, we can lay the foundation for a healthier, more prosperous future for individuals and society as a whole. The fight against child food poverty is not just a moral imperative but an investment in our collective future. Healthy, well-nourished children are more likely to grow into productive, contributing members of society. The benefits of addressing this issue extend beyond individual well-being, enhancing economic stability and social harmony. It is incumbent upon us all to recognize and act upon the understanding that every child deserves the right to adequate nutrition and the opportunity to thrive.

Despite all of these existent challenges, it is very definitely possible to end child food poverty. The world needs targeted interventions to transform food, health, and social protection systems, and also take steps to strengthen data systems to track progress in reducing child food poverty. All these manoeuvres must comprise a concerted effort towards making nutritious and diverse diets accessible and affordable to all. We need to call for child food poverty reduction to be recognized as a metric of success towards achieving global and national nutrition and development goals.

Material from UNICEF reports and AI assistance are acknowledged.

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Opinion

Do opinion polls matter?

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By Dr Upul Wijayawardhana

The colossal failure of not a single opinion poll predicting accurately the result of the Indian parliamentary election, the greatest exercise in democracy in the world, raises the question whether the importance of opinion polls is vastly exaggerated. During elections two types of opinion polls are conducted; one based on intentions to vote, published during or before the campaign, often being not very accurate as these are subject to many variables but exit polls, done after the voting where a sample tally of how the voters actually voted, are mostly accurate. However, of the 15 exit polls published soon after all the votes were cast in the massive Indian election, 13 vastly overpredicted the number of seats Modi’s BJP led coalition NDA would obtain, some giving a figure as high as 400, the number Modi claimed he is aiming for. The other two polls grossly underestimated predicting a hung parliament. The actual result is that NDA passed the threshold of 272 comfortably, there being no landslide. BJP by itself was not able to cross the threshold, a significant setback for an overconfident Mody! Whether this would result in less excesses on the part of Modi, like Muslim-bashing, remains to be seen. Anyway, the statement issued by BJP that they would be investigating the reasons for failure rather than blaming the process speaks very highly of the maturity of the democratic process in India.

I was intrigued by this failure of opinion polls as this differs dramatically from opinion polls in the UK. I never failed to watch ‘Election night specials’ on BBC; as the Big Ben strikes ‘ten’ (In the UK polls close at 10pm} the anchor comes out with “Exit polls predict that …” and the actual outcome is often almost as predicted. However, many a time opinion polls conducted during the campaign have got the predictions wrong. There are many explanations for this.

An opinion poll is defined as a research survey of public opinion from a particular sample, the origin of which can be traced back to the 1824 US presidential election, when two local newspapers in North Carolina and Delaware predicted the victory of Andrew Jackson but the sample was local. First national survey was done in 1916 by the magazine, Literary Digest, partly for circulation-raising, by mailing millions of postcards and counting the returns. Of course, this was not very scientific though it accurately predicted the election of Woodrow Wilson.

Since then, opinion polls have grown in extent and complexity with scientific methodology improving the outcome of predictions not only in elections but also in market research. As a result, some of these organisations have become big businesses. For instance, YouGov, an internet-based organisation co-founded by the Iraqi-born British politician Nadim Zahawi, based in London had a revenue of 258 million GBP in 2023.

In Sri Lanka, opinion polls seem to be conducted by only one organisation which, by itself, is a disadvantage, as pooled data from surveys conducted by many are more likely to reflect the true situation. Irrespective of the degree of accuracy, politicians seem to be dependent on the available data which lend explanations to the behaviour of some.

The Institute for Health Policy’s (IHP) Sri Lanka Opinion Tracker Survey has been tracking the voting intentions for the likely candidates for the Presidential election. At one stage the NPP/JVP leader AKD was getting a figure over 50%. This together with some degree of international acceptance made the JVP behave as if they are already in power, leading to some incidents where their true colour was showing.

The comments made by a prominent member of the JVP who claimed that the JVP killed only the riff-raff, raised many questions, in addition to being a total insult to many innocents killed by them including my uncle. Do they have the authority to do so? Do extra-judicial killings continue to be JVP policy? Do they consider anyone who disagrees with them riff-raff? Will they kill them simply because they do not comply like one of my admired teachers, Dr Gladys Jayawardena who was considered riff-raff because she, as the Chairman of the State Pharmaceutical Corporation, arranged to buy drugs cheaper from India? Is it not the height of hypocrisy that AKD is now boasting of his ties to India?

Another big-wig comes with the grand idea of devolving law and order to village level. As stated very strongly, in the editorial “Pledges and reality” (The Island, 20 May) is this what they intend to do: Have JVP kangaroo-courts!

Perhaps, as a result of these incidents AKD’s ratings has dropped to 39%, according to the IHP survey done in April, and Sajith Premadasa’s ratings have increased gradually to match that. Whilst they are level pegging Ranil is far behind at 13%. Is this the reason why Ranil is getting his acolytes to propagate the idea that the best for the country is to extend his tenure by a referendum? He forced the postponement of Local Governments elections by refusing to release funds but he cannot do so for the presidential election for constitutional reasons. He is now looking for loopholes. Has he considered the distinct possibility that the referendum to extend the life of the presidency and the parliament if lost, would double the expenditure?

Unfortunately, this has been an exercise in futility and it would not be surprising if the next survey shows Ranil’s chances dropping even further! Perhaps, the best option available to Ranil is to retire gracefully, taking credit for steadying the economy and saving the country from an anarchic invasion of the parliament, rather than to leave politics in disgrace by coming third in the presidential election. Unless, of course, he is convinced that opinion polls do not matter and what matters is the ballots in the box!

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Opinion

Thoughtfulness or mindfulness?

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By Prof. Kirthi Tennakone
ktenna@yahoo.co.uk

Thoughtfulness is the quality of being conscious of issues that arise and considering action while seeking explanations. It facilitates finding solutions to problems and judging experiences.

Almost all human accomplishments are consequences of thoughtfulness.

Can you perform day-to-day work efficiently and effectively without being thoughtful? Obviously, no. Are there any major advancements attained without thought and contemplation? Not a single example!

Science and technology, art, music and literary compositions and religion stand conspicuously as products of thought.

Thought could have sinister motives and the only way to eliminate them is through thought itself. Thought could distinguish right from wrong.

Empathy, love, amusement, and expression of sorrow are reflections of thought.

Thought relieves worries by understanding or taking decisive action.

Despite the universal virtue of thoughtfulness, some advocate an idea termed mindfulness, claiming the benefits of nurturing this quality to shape mental wellbeing. The concept is defined as focusing attention to the present moment without judgment. A way of forgetting the worries and calming the mind – a form of meditation. A definition coined in the West to decouple the concept from religion. The attitude could have a temporary advantage as a method of softening negative feelings such as sorrow and anger. However, no man or woman can afford to be non-judgmental all the time. It is incompatible with indispensable thoughtfulness! What is the advantage of diverting attention to one thing without discernment during a few tens of minute’s meditation? The instructors of mindfulness meditation tell you to focus attention on trivial things. Whereas in thoughtfulness, you concentrate the mind on challenging issues. Sometimes arriving at groundbreaking scientific discoveries, solution of mathematical problems or the creation of masterpieces in engineering, art, or literature.

The concept of meditation and mindfulness originated in ancient India around 1000 BCE. Vedic ascetics believed the practice would lead to supernatural powers enabling disclosure of the truth. Failing to meet the said aspiration, notwithstanding so many stories in scripture, is discernable. Otherwise, the world would have been awakened to advancement by ancient Indians before the Greeks. The latter culture emphasized thoughtfulness!

In India, Buddha was the first to deviate from the Vedic philosophy. His teachers, Alara Kalama and Uddaka Ramaputra, were adherents of meditation. Unconvinced of their approach, Buddha concluded a thoughtful analysis of the actualities of life should be the path to realisation. However, in an environment dominated by Vedic tradition, meditation residually persisted when Buddha’s teachings transformed into a religion.

In the early 1970s, a few in the West picked up meditation and mindfulness. We Easterners, who criticize Western ideas all the time, got exalted after seeing something Eastern accepted in the Western circles. Thereafter, Easterners took up the subject more seriously, in the spirit of its definition in the West.

Today, mindfulness has become a marketable commodity – a thriving business spreading worldwide, fueled largely by advertising. There are practice centres, lessons onsite and online, and apps for purchase. Articles written by gurus of the field appear on the web.

What attracts people to mindfulness programmes? Many assume them being stressed and depressed needs to improve their mental capacity. In most instances, these are minor complaints and for understandable reasons, they do not seek mainstream medical interventions but go for exaggeratedly advertised alternatives. Mainstream medical treatments are based on rigorous science and spell out both the pros and cons of the procedure, avoiding overstatement. Whereas the alternative sector makes unsubstantiated claims about the efficacy and effectiveness of the treatment.

Advocates of mindfulness claim the benefits of their prescriptions have been proven scientifically. There are reports (mostly in open-access journals which charge a fee for publication) indicating that authors have found positive aspects of mindfulness or identified reasons correlating the efficacy of such activities. However, they rarely meet standards normally required for unequivocal acceptance. The gold standard of scientific scrutiny is the statistically significant reproducibility of claims.

If a mindfulness guru claims his prescription of meditation cures hypertension, he must record the blood pressure of participants before and after completion of the activity and show the blood pressure of a large percentage has stably dropped and repeat the experiment with different clients. He must also conduct sessions where he adopts another prescription (a placebo) under the same conditions and compares the results. This is not enough, he must request someone else to conduct sessions following his prescription, to rule out the influence of the personality of the instructor.

The laity unaware of the above rigid requirements, accede to purported claims of mindfulness proponents.

A few years ago, an article published and widely cited stated that the practice of mindfulness increases the gray matter density of the brain. A more recent study found there is no such correlation. Popular expositions on the subject do not refer to the latter report. Most mindfulness research published seems to have been conducted intending to prove the benefits of the practice. The hard science demands doing the opposite as well-experiments carried out intending to disprove the claims. You need to be skeptical until things are firmly established.

Despite many efforts diverted to disprove Einstein’s General Theory of Relativity, no contradictions have been found in vain to date, strengthening the validity of the theory. Regarding mindfulness, as it stands, benefits can neither be proved nor disproved, to the gold standard of scientific scrutiny.

Some schools in foreign lands have accommodated mindfulness training programs hoping to develop the mental facility of students and Sri Lanka plans to follow. However, studies also reveal these exercises are ineffective or do more harm than good. Have we investigated this issue before imitation?

Should we force our children to focus attention on one single goal without judgment, even for a moment?

Why not allow young minds to roam wild in their deepest imagination and build castles in the air and encourage them to turn these fantasies into realities by nurturing their thoughtfulness?

Be more thoughtful than mindful?

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