End of PTA?

The announcement by Foreign Minister Vijitha Herath in Parliament recently that the Government will repeal the Prevention of Terrorism Act (PTA) is a welcome, though long overdue, development. For over four decades, the PTA has hung over like a dark shadow being an emblem of unchecked State power and a license for abuse. 

Introduced in 1979 as a temporary measure to combat terrorism, the law instead became a permanent fixture of governance, used repeatedly to silence dissent, intimidate minorities, and erode the foundations of democracy.

The PTA was draconian in its scope. It gave sweeping powers to the security forces and the Minister of Defence to detain individuals without charge or trial for extended periods, effectively bypassing the judiciary. In practice, this meant that individuals could, and often did, spend years behind bars without ever seeing the inside of a courtroom. Some detainees have spent periods longer than life sentences under the guise of “preventive detention.” In many instances, allegations of torture, coerced confessions, and degrading treatment accompanied these detentions. Families were left in limbo, unable to seek justice for their loved ones.

Far from being an effective tool against terrorism, the PTA became a weapon of political control. Successive Governments, regardless of party, exploited its provisions to suppress political opponents and to disproportionately target minority communities, particularly Tamils, and in the post-war period – Muslims. Its legacy is one of discrimination, intimidation, and fear. To call it a law designed for national security is to ignore its lived reality.

That is why the announcement of its repeal must be welcomed as a courageous political decision, even if it comes decades late. Civil society, and international partners have long called for this step. Yet every Government hesitated, often citing security concerns or seeking to use the PTA as a convenient shield against dissent.

Still, the Foreign Minister’s announcement leaves many questions unanswered. Most importantly, what legislation will replace the PTA? Any replacement framework must strike a careful balance between protecting citizens from genuine threats while safeguarding their fundamental rights. That means ensuring judicial oversight of detention, strict limits on how long individuals can be held, a ban on torture or degrading treatment, and clear guarantees that no law will be weaponised against political opponents or marginalised communities.

Critics will no doubt attempt to make political mileage from this decision. Some will claim that repealing the PTA weakens national security, while others may try to portray it as a concession to international pressure. Such expedient arguments must be rejected. National security is not strengthened by laws that trample human rights. A government that abuses its own citizens in the name of security loses legitimacy, both at home and abroad.

The repeal of the PTA must also be understood in a broader context: Sri Lanka’s need for reconciliation and justice after decades of conflict and mistrust. The country cannot heal while laws designed to oppress remain on the books. Ending the PTA is not only a legal reform but a symbolic gesture that the State is willing to confront its past and chart a new course.

The PTA’s time is over, and Sri Lanka must move beyond its shadow. Whatever opposition arises, this Government must see the repeal through, not as a favour to international critics, but as a solemn duty to its own citizens.