The Irony of Protection: Why Deepachelvan’s Books are Held at the Border

 

I was investigating the justification for the seizure of Deepachelvan's books by Sri Lankan customs officials. While there is a serious legal challenge to be made for those who oppose the PTA and the ICCPR Act, the reality is that the majority of people in Sri Lanka remain largely indifferent to these issues.

Many readers might not realize the irony: the ICCPR Act was originally designed to protect rights, yet in Sri Lanka, it is frequently used to limit them. Section 3(1) of the Sri Lankan ICCPR Act is the specific part usually cited in these cases. It prohibits "advocating national, racial or religious hatred." Critics argue it is used selectively against minority writers (like Deepachelvan) while ignoring similar rhetoric from other groups.

Pradeepan  Deepachelvan is widely known for his raw, unflinching portrayal of the Tamil experience during and after the Sri Lankan civil war. His work—particularly his novels Nadugal (Memorial Stones) and Bhayagaravadi (The Terrorist)—is deeply critical of the centralized, unitary nature of the Sri Lankan state.

Anti-unitary themes and expressions found in his writing:

1. The State as an "Occupying Force"

In many of his poems and prose pieces, the unitary state is not depicted as a protector, but as an alien presence in the Tamil homelands. He often uses imagery of barbed wire, bunkers, and high-security zones to describe the "unitary" reach of Colombo. FOor Deepachelvan, the unitary state is a physical weight—a structure that occupies the land through military presence rather than through the consent of the people living there.

2. The Erasure of Memory (Cultural Genocide)

A recurring theme in his work is the destruction of Tamil heritage (cemeteries, monuments, and libraries) by the state. He writes extensively about the "bulldozing of history."  He views the unitary state's insistence on a single national identity as an act of violence against Tamil memory. By destroying "Nadugal" (hero stones), the state attempts to finalize its unitary control by making sure only its own version of history remains standing.

3. The Label of the "Terrorist" (Bhayagaravadi)

In his novel Bhayagaravadi, he explores how the unitary state uses legal and political labels to dehumanize Tamil identity. The title itself is a provocation. He explores how anyone who questions the central authority or demands self-determination is automatically branded a "terrorist" by the unitary legal framework. He argues that the unitary state uses the "national security" narrative to suppress any political expression that seeks a federal or separate existence.

4. Language as Resistance

Deepachelvan’s very choice of Tamil is a political act against the unitary linguistic hegemony. He often describes the Tamil language as a "wounded body" that still refuses to die. He portrays the unitary state’s attempts to impose a singular cultural identity as a failure, asserting that the Tamil soul remains "un-unifiable" under the current political terms.

Deepachelvan’s work suggests that the Unitary State (ஒற்றையாட்சி - Otraiyaatchi) is the root cause of the conflict because:

1. It treats the Tamil North/East as a colony rather than a partner.
2. It uses monumental violence to enforce a single national narrative.
3. It denies the right to mourn, which he considers the most basic human right.

Pradeepan Deepachelvan (known as Deepachelvan) has not been officially convicted of "breaking" a law in the sense of a final court verdict, but his work and activism have frequently placed him under the crosshairs of the Sri Lankan security apparatus.

The "laws" his work is often accused of violating are not typically about literary quality, but rather about national security and ethnic harmony. Here is exactly which laws and legal frameworks have been used to target or investigate him and his writing:

1. The Prevention of Terrorism Act (PTA)

This is the most significant law used against writers in the North and East. Deepachelvan has been summoned and interrogated by the Terrorism Investigation Division (TID) multiple times (notably in 2021 and 2022) regarding his writings and social media posts. The PTA allows for the arrest of anyone suspected of "advocating for secession" or "causing communal disharmony."  His books like Nadugal (Memorial Stones) deal with the remembrance of fallen LTTE fighters. Under the PTA, the state often interprets the act of "memorialization" as "glorifying terrorism" or "inciting a resurgence" of conflict.

2. The ICCPR Act (No. 56 of 2007)

While originally intended to protect human rights, Section 3(1) of Sri Lanka’s International Covenant on Civil and Political Rights (ICCPR) Act has been frequently used to silence writers. The act prohibits the "advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence." Because Deepachelvan’s work is "anti-unitary" and critiques the Sinhala-Buddhist nationalist nature of the state, authorities have viewed his prose as "inciting communal hatred" against the majority community or the state itself.

3. Penal Code Section 120 (Sedition)

This section deals with "exciting or attempting to excite feelings of disaffection to the Government." Any writing that strongly critiques the "Unitary State" or the military's role in the North can be framed as an attempt to bring the government into "hatred or contempt." Deepachelvan’s depictions of the military as an "occupying force" in his poems are often flagged under this definition of sedition.

While not always a formal parliamentary law, various court injunctions and emergency regulations have been used to ban the specific themes he writes about. Sri Lankan law has often been used to ban any public or literary mention of the "Maaveerar" (Great Heroes) or the use of specific symbols (like the Gloriosa Superba flower) associated with Tamil resistance. Since his book Nadugal is centered entirely on the culture of these memorial stones, the book itself exists in a "legal gray zone" where it can be seized or its launch prevented under the guise of maintaining public order.

As of April 2026, 360 copies of his books imported from Chennai remain detained. Despite a high-level meeting on April 17, the Ministry of Cultural Affairs has stalled the release, stating that the Ministry of Defence must now provide clearance. This suggests that in Sri Lanka, literature is still being treated not as art, but as a matter of national security.

Source - Internet

- Ajith Dharmakeerthi

19/04/2026