Sri Lankans are well aware of the recent highly publicised controversy of a couple who filmed a pornography video near the Pahanthudawa Waterfall in Belihuloya.
The couple in question was arrested by the Criminal Investigation Department (CID) following an extensive investigation, and was later released on police bail and ordered to appear before the Colombo Chief Magistrate’s Court on 16 September.
Investigations have revealed that the couple had been publishing porn videos over a period of time. Meanwhile, the Police has requested websites and social media sites to remove the aforementioned porn video, the Samanala Wewa Police stated, refusing to comment further on the matter.
Meanwhile, following news of the detection of the pornographic video, an image of a couple, alleged to have been attached to the video in question, began to circulate. However, the couple in the widely shared image has since come forward denying that it is them in the porn video. They also pleaded with the public to refrain from falsely sharing misleading information in this manner.
Senior Attorney-at-Law and civil society activist Senaka Perera has come forward to provide the necessary legal assistance to the couple.
Speaking to Brunch, Perera opined that the couple can be prosecuted only under the Obscene Publications Act and under the Vagrants Ordinance for indecent behaviour at a public place. However, there are certain limiting factors that will prevent the Police from moving forward with the matter, he added.
Article 2 of the Obscene Publications Ordinance states that to “make or produce” an obscene publication for “distribution or public exhibition” is a punishable act.
“Right now, the Police are citing Article 2 of the Obscene Publications Ordinance, which deals with the dissemination or circulation of an ‘obscene publication’.
“What is incredibly disappointing here is that what is being cited is this archaic ordinance that was implemented in 1927, which has no real definition of what ‘obscene’ means. Ideally, this situation should be used as an opportunity to repeal outdated laws that no longer serve any function in society,” Perera explained.
Perera noted the Police’s reaction to this situation against how they handle matters where similar media is released without the consent of one of the parties involved, i.e. matters of revenge porn or an instance of blackmail. “In such instances, we see the Police taking action on a case-by-case basis, and not publicising it this way, where the couple has been publicly criticised for their actions,” he said.
“If there’s any real reasoning behind these actions, in the pursuit of a law implemented almost 100 years ago, perhaps we should think back to those times of practices like cohabitation and ‘eka ge kema’ (fraternal polyandry was common practice). These practices would have today’s society raising their eyebrows. If such norms are no longer accepted now, then why give prominence to the same laws that applied to those societies?” he questioned.
“It is inhumane to pursue the couple in this way and it could endanger their lives,” added Perera, sharing that the discussion should be on how best we can repeal these laws and protect people’s fundamental rights guaranteed under our Constitution. He also alleged that the Police has given undue publicity to this particular incident at a time where investigations into serious crimes in the country are proceeding very slowly.
Is this justice?
Commenting on the matter, social critic, author of “Faculty of Sex”, and host of an online discussion forum (under the same name), Chinthana Dharmadasa also stated that Sri Lankan authorities almost revel in the opportunity to demonise any matters relating to sexual activity.
He shared that instead of the public subscribing to whatever narrative the Police is building, what they should be looking at is what the Police’s actions are.
“The law and these public authorities should be acting in a way that benefits society, not to its detriment. So what do we stand to gain? The law does not exist to blindly punish. So, if the result of this is a disaster, then what are they even doing?” Dharmadasa questioned.
Dharmadasa shared that although the video is said to have been filmed at a public place, it is clear that it was recorded when no one was around. He further added that all that has been achieved is that this public spectacle has attracted enough attention that this type of content will just attract a more mainstream audience now.
The authorities should issue an important warning here that people should not carry out such actions in public places where it may disturb the peace of society, he said.
“Isn’t it convenient that while we are in the midst of an economic crisis, where we are finding it difficult to buy gas, we can’t afford our sugar, and people are struggling to supplement their daily necessities, we still find the energy to be outraged by the private actions of two consenting strangers?” Dharmadasa added.
He said that he is hopeful that the couple would challenge these charges, especially as the norm in Sri Lanka is for people to simply plead guilty, regardless of whether the charge is warranted or not, in order to avoid getting entangled in a lengthy legal battle and pay whatever fine they are charged with to get out of the situation as soon as possible.
He claimed that this has resulted in setting a precedent where the Police continues to incorrectly prosecute vulnerable parties with no real basis, and these archaic laws continue to remain in function without being put to review.
Residents of Belihuloya weigh in
Considering how this matter is being largely discussed in the court of public opinion, we reached out to a number of residents and business owners in and around the Pahanthudawa Waterfall and Belihuloya areas. The general consensus of those residing in the area proved to be quite mixed; however, a majority were unconcerned about the “obscene activities” itself, but rather the spectacle of it all potentially having a negative effect for the Belihuloya area, which, prior to the pandemic, was reliant on tourists and travellers looking to have a good time.
Speaking with us, a resident of the Seelogama Homestay in Belihuloya shared: “Our area is very popular amongst travellers. This waterfall is a very commonly visited spot. I don’t have any comments on the video or actions of the couple itself, but I am worried that this one couple’s actions may result in increased security and undue attention from the Police in the area. It is a place that is known for couples and people coming to get away from the public; it is quite reclusive and they come to enjoy time with each other. Because of this attention, that particular market may be deterred from visiting.”
Ashok Dharmaratne of Belihuloya Village Inn shared: “That area is actually protected by the Pradeshiya Sabha security because there were previous incidents of someone drowning, and anyway, areas like these need some kind of protection to avoid threats to life. So, if the security did not notice anything, the couple must have been quite discreet. I don’t know the legality of this, but I don’t think this will have any type of effect on us.”
Aruna Almeda of Terico Resort in Belihuloya stated: “I am absolutely unconcerned about this – firstly, because of this pandemic, all these businesses in our area are closed and are no longer able to function. We are already struggling. And secondly, the Sri Lankan public are very forgetful. It is such a hot topic now because you guys (the media) are talking about it everywhere and the Police is making such a big deal, but give this a few more weeks and all will be forgotten. If this was an actual problem, then there won’t be so much noise. It would be handled quietly and carefully. So this will all just be irrelevant in a few days, and I am not worried.”
Based on who we have spoken to, it would seem the consensus is that giving undue publicity to this incident is unnecessary, and that the archaic laws need to be addressed. Perhaps, in the name of culture and morality, we should all take a step back and evaluate our priorities, what is actually causing harm to our society, and maybe attend to those matters in a proportional manner instead of piling on to the easiest target available.
