Artist Profile
Shakthika Sathkumara
Sri Lanka
Shakthika Sathkumara's journey from a celebrated writer to a symbol of resistance against censorship is a compelling story of resilience and conviction. Born on March 24, 1986 in the rural area of Wariyapola, Sri Lanka, Shakthika displayed an early passion for literature. He attended Mayurapada Central College in Narammala, where his love for writing blossomed. By the time he earned a special honors degree in Sinhala from the University of Kelaniya, he had already penned numerous poems and short stories, establishing himself as a significant voice in Sri Lankan literature.
His literary prowess earned him several prestigious awards, including the National Youth Literary Festival's Best Short Story, and the Golden Jubilee Award from the Department of Cultural Affairs in 2006, 2010, and 2014, among others. By the age of 35, Shakthika had published over 40 works, solidifying his reputation as a prominent writer. However, his path took a dramatic turn in February 2019 when he posted a short story titled "Ardha" on his Facebook page and in local Sinhalese publications.
"Ardha" is a provocative tale that suggests themes of homosexuality and child abuse among a Buddhist clergy within a temple. The story offers a post-modernist interpretation of the legendary story of Siddhartha in Buddhist literature. Sathkumara states that he had no intention of insulting Buddhism saying, “My story is not an insult to religion. This is a work of art and it blends a person’s experience and imagination.” However, despite his intentions, the monks of the local Polgahawela monastery took offense and reported the story.
Using The ICCPR Act to Persecute Sathkumara
In April 2019, Shakthika was summoned to his local police station for questioning. Anticipating a routine inquiry, he and his lawyer were taken aback when he was detained on suspicion of violating Section 291B of the Penal Code and Article 3(1) of Sri Lanka’s ICCPR Act (2007). Section 291B is a blasphemy law penalizing "deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs." Article 3(1) of the ICCPR Act prohibits "advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence." Sathkumara was unaware of what the ICCPR Act was at the time, and his lawyer had no idea that the ICCPR could be used to persecute speech.
The International Covenant on Civil and Political Rights (ICCPR), was first introduced in 1966 by the United Nations General Assembly as a multilateral treaty aimed at committing signatory nations to uphold freedom of religion, freedom of speech, freedom of assembly, electoral rights, and other elements of democracy. Sri Lanka ratified the covenant in 2007, among the later countries to do so. Ironically, this covenant, designed to protect freedom of expression and speech, would be used by the Sri Lankan government to justify the arrest and imprisonment of Sathkumara for over four months, alleging that his story "Ardha" insulted Buddhism and thereby promoted "religious hatred," a claim seen as violating the ICCPR. Sathkumara thus became the first Sri Lankan to be arrested for an alleged ICCPR violation.
Sri Lanka, a devout Buddhist nation, is known for its significant social stigma and discrimination against humanists and atheists, as highlighted by Humanists International’s Humanists at Risk: Action Report 2020. Shakthika, who describes himself as a “buddhist in philosophy but not in religion,” believed he was being wrongfully prosecuted because he was writing about Buddhism in an unfavorable way. The ICCPR, originally designed to protect freedom of expression, was weaponized against him. International human rights organizations, including PEN International, Amnesty International, Humanists International, and Freedom Now, rallied to his defense, decrying the misuse of the ICCPR to suppress creative freedom.
Shakthika spent over four months in Kegalle prison, separated from his wife and two young children. Despite his imprisonment, he continued to write stories and remained steadfast in his commitment to freedom of speech. Sathkumara faced up to 10 years in prison if found guilty of violating the ICCPR Act. "I was pressured to confess, but I knew that as soon as I gave in, I would forfeit my right to freely write in the future," he recalled.
“...I knew that as soon as I gave in, I would forfeit my right to freely write in the future.”
After being detained for 127 days, pressure from international organizations, and being unable to provide for his family, he was finally released. But his job, which he had held for seven years prior as a local development officer for the government, was suspended, preventing him from returning to paid work for eight months following his release.
The Fight For Justice
Sathkumara’s case was formally acquitted in February 2021, exactly two years after "Ardha" was released. Determined to ensure that the ICCPR Act would never again be used to restrict free speech in Sri Lanka, Shakthika filed a fundamental rights petition with the Sri Lankan Supreme Court, hoping to set a precedent that would protect future generations of writers and artists.
Originally scheduled for July 2020 and then postponed to June 2024, Sathkumara's case was again delayed to January 17, 2025. The consistent postponements are believed to be partly due to the government and specifically the attorney general, who are the defendants, not wanting to address their wrongdoing and Sathkumara’s petition. Meanwhile, local monks continued to protest and harass Shakthika and his family, forcing them to relocate in June 2024.
During this period, Sri Lankan YouTuber Sepal Amarasinghe was arrested for blasphemy and similarly charged under the ICCPR Act in January 2023, akin to Shakthika. Although Amarasinghe was released a month later and the charges were dropped, he was required to issue an unconditional apology in court to the complainants who had lodged police complaints against him and provide a written assurance that he would refrain from making such statements in the future. This suppression of freedom of speech concerning Buddhism is precisely why Sathkumara is advancing his petition to the Supreme Court.
The ICCPR became a tool of repression, underscoring the critical need for vigilance in its application to ensure it fulfills its original purpose. Shakthika Sathkumara's story is a testament to the power of resilience and the enduring fight for freedom of expression. His ongoing case highlights the importance of protecting artistic freedom and the continuous struggle against censorship and oppression.
Giselle Schrier, July 24, 2024. Giselle is currently a Summer Intern for Artists At Risk Connection. She is currently a member of the class of 2026 at Princeton University concentrating in History with minors in American Studies, The Practice of Diplomacy, and Visual Arts. She is originally from San Francisco, CA.