The Prevention of Terrorism Act (PTA) (of 1978 first enacted as a temporary measure in 1979 under J. R. Jayewardene was later made permanent in 1982) is a broad law to search, arrest and detain suspects for periods of up to 18 months. 

This law has been subject to international condemnation. Originally intended to crush the demand for a separate state in the North and East (under a claim of fighting terrorism), today the self-same PTA is being used in all parts of the country. 

The use of the PTA more recently began in the aftermath of the ‘Aragalaya’, which followed the fleeing of the past president, acts of violence and arson and the burning down of the incumbent president’s residence.  The present protests against the PTA are organized by the Inter University Students Federation (IUSF) who are presently the main targets of the application of the PTA. Two members of the IUSF have been taken into custody, the IUSF is protesting their arrest and demanding their immediate release.

Protesting the draconian PTA can be understood. Demanding the release of those being held in custody under this fearsome piece of legislation, is only natural as it infringes democratic rights. What cannot be understood is that the demands of the IUSF and its allied political parties has been limited to the release of only the  members of its organization  who are held under the PTA for a month or more. The PTA affects all members of the Sri Lankan community. Not just the two members whom the student unions are demanding to be released.

Thousands of Tamils - most of them innocent civilians were encircled under this piece of draconian legislation. Though the Tamils protested its application, during those days, other political parties did not protest these measures. Unfortunately, individuals and groups who raised their voices against the PTA were accused of being unpatriotic. Only MP Namal Rajapaksa speaking after his release from remand custody, spoke of the plight of Tamil prisoners who were held under the PTA. He mentioned that among these detainees were persons, who he said had been incarcerated before he was born! Unfortunately, though MP Rajapaksa spoke passionately about the injustice meted out to these persons, he too did little or nothing to ensure justice was carried out in their regard...

Likewise today, at a time when it is most important to unite our country as Sri Lankans, we unfortunately witness another spectacle of persons - seasoned in politics as well as in college education - ignoring the fate of other groups held under the same law, perhaps because they are of a different ethnicity or religion. 

The PTA is a draconian piece of legislation and needs to challenge. We also know that even if this piece of legislation is thrown out, a new government of whichever party which emerges in the future, will draw up another similar legislative enactment. 

Whether it be in Russia, the US (the self-proclaimed defender of democracy), China or the UK, all these countries have their own Internal Security Acts to protect governments against people’s protests. However, the bottom line is that the anti-democratic legislation needs to be confronted in unity. Speaking for only two persons who have been held for a month or so, when members of other communities remain incarcerated for years, does not bring our people together. In fact it drives us further apart.

In our country today, we face a plethora of issues stemming from our foreign debt default, rising cost of living, rising malnutrition levels and shortages of drugs and medicines. To overcome these, we have to come together irrespective of differences of race, religion and ethnicity. Simply protesting against particular politicians in power, will not change the difficulties our people are faced with, nor will it solve our problems. 

There is a need to come together, not only to get over our economic woes, but to ensure that the democratic freedom which we enjoy via our Constitution are protected from political parties and individuals who have arrogated unto themselves immense executive power over the people who are supposed to be supreme. Darmalingam Siddharthan of the TNA and Mano Ganeshan of the TPA have suggested changes to the PTA to curtail its ill-effects. Sajith Premadasa’s SJB and the Muslim Congress have at different times castigated the misuse of power via the Act.

It is therefore clear all shades of political opinion are supposedly united in their opposition to the PTA and the loss of civil and human rights which flow from it. So what’s keeping our politicians back? Is it they await the opportunity to wield absolute power at the expense of the people?