Detention of books by Customs sparks concern

Sri Lanka Customs detaining over 350 copies of five books authored by Kilinochchi-based Tamil writer, Balendran Piratheepan, known asTheepachelvan Piratheepan, since mid-March has raised concerns among many parties about the extent of Freedom of Speech in the country and the role of the Sri Lanka Customs Department.

Three hundred and sixty copies of three novels authored by Theepachelvan and two other books belonging to him are being detained by the Customs arrived from Chennai, India, where they were printed claiming that the content of those books threatens national harmony.

Theepachelvan, who refutes the claims, expected the release of his books for nearly one month despite several promises from the Government and other parties.

Theepachelvan

He said that his work is completely based on personal experience and there is no threat to national unity or peace.

A meeting convened by the Minister of Buddhasasana, Religious and Cultural Affairs Dr. Hiniduma Sunil Senevi along with other parties including the members of the Arts Council of Sri Lanka on Friday also concluded unresolved.

Who is Theepachelvan?

Born and raised in the North during wartime, Theepachelvan spent most of his life under disturbing circumstances. After completing his higher education at the University of Jaffna, Theepachelvan pursued further studies at the University of Madras in Chennai.

Theepachelvan, a teacher by profession, is also known as a novelist and a poet for about 20 years. One of his brothers who was an LTTE combatant, died during the war. “The war destroyed much of our lives and time,” he said adding that he started writing novels and poems to share his experience when he was a student. It was his intention to preserve past experiences and memories as lessons to the future generations.

His first novel, Nadugal has been translated into Sinhala and is popular among Sinhalese readers. Theepachelvan, who usually prints his books in India due to the low cost, faced a similar incident during former President Gotabaya Rajapaksa’s regime where 60 copies of his books were detained by the Customs claiming that the content of those books promotes terrorism. Those books were never released.

Why Customs detained his books?

Theeepachelvan, who was looking forward to his printed books from India received a notice from the Sri Lanka Customs dated March 18 stating that the books were being detained pending approval from the Ministry of Religious and Cultural Affairs and the Ministry of Defense for release as the content in those books may be a threat to the national unity of the country.

However, the particular note did not state under which legal provision the books were being detained.

When contacted by the Sunday Observer, Customs Media Spokesperson Chandana Punchihewa said he was not aware of this particular detention and explained the general procedure of detaining prohibited items.

According to him, ‘Schedule B’ under the Customs Ordinance has listed prohibited and restricted inwards, under which the religious books that may be harmful to other religions are detained. Once such publication is received, they are referred to the Religious and Cultural Affairs Ministry for clarification and are released if the required clearance is received.

However, Theepachelvan’s books are neither religious books nor about any religion. This is one reason why many writers and readers question this detention.

Moreover, many parties including, the Human Rights Movements, question as to why the Customs has to determine whether the content of a literature book is harmful or not.

What have the authorities done?

Following the detention of his books, Theepachelvan wrote to the Defence and Cultural Affairs Ministries requesting the release of his books. In that letter, he reassures that his work never intended to promote the re-establishment of any organisation nor write anything against national unity.

Although Minister Dr. Sunil Senevi had assured him that the books will be released as soon as possible it has not happened so far.

The Minister along with the Arts Council of Sri Lanka, State Literary Sub Panel, and several other parties including the Director General of Customs met Theepachelvan in Colombo on Friday (17) to discuss the matter. However, the books had not been released.

A media release issued following the meeting, by the ministry stated that even though it has no legal responsibility regarding the books detained by Customs, the ministry called for such a meeting due to the sensitive issue. According to the Director General of Customs, the Department has already received recommendations from the Defence Ministry regarding these books and steps that would be taken after considering all recommendations and observations from the relevant parties.

Following the detention of books, the Arts Council of Sri Lanka made an announcement outlining the situation. However, it was criticised by many parties including civil activists saying that announcement was rather a damage control measure rather than supporting the author of the detained books. Some parties see that announcement as a weak response to the issue.

Opinion of civil society

Despite being a North-based Tamil writer, Theepachelvan is known among many writers, readers and civil activists across the country. Therefore, many have already voiced their support to get the books released.

The Free Media Movement (FMM) issuing a press release has condemned the detention of books by the Customs and added that this was an attempt to deprive the author of his right to freedom of expression.

It also requests all parties including journalists to act as a joint front to protect the freedom of expression of the authors despite the medium or the language they use.

T.M.G. Chandrasekara from FMM, who also accompanied Theepachelvan to Friday’s meeting, told the Sunday Observer that the authorities restricting such publications shows that people still suspect each other based on their race or language. “Bad communication and inability to understand what the other party says were the cause of decades-long war and we should not let it happen again,” he added.

Rev. Fr. M. Sakthivel, the Convener of the National Movement for the Release of Political Prisoners said that the people of the North have a responsibility to share their experience and the people of the South have a right to know the truth as well.

“What Theepachelvan doing is sharing past experience of his own and his community with the future,” he said.

Rev. Father Sakthivel said that during the meeting he had pointed out that Theepachelvan’s books had been detained by the authorities while there are many other publications promoting racism are circulating in the country. But nobody takes action in that regard.

He said that letting the Security Forces decide whether the content of a publication is harmful or not is a violation of human rights. He added that the Customs officials during the meeting did not mention any specific date the books can be released.

Writer and journalist Kathyana Amarasinghe, who also attended the meeting in the ministry in support of Theepachelvan said that it was an injustice for a writer to give explanations about his work to the authorities. As a writer who represents a minority, Theepachelvan had no option but to agree to such a meeting, she wrote on her Facebook page.

According to her, the meeting ended without a final decision on the release of the books. They had only a little chance to talk on behalf of the author.

“Theepachelvan returned home empty-handed and we came home with a heavy heart after knowing the boundaries of the freedom of expression”, she added.

Source - Sunday Observer