Thursday, December 29, 2011

Professor Priyani Soyza v. Rienzie Arsecularatne ~ A Case of Negligence, Loss & Injustice ~

Professor Priyani Soyza v. Rienzie Arsecularatne [2001] 2 Sri LR 293 is one of the most outrageous judicial decisions delivered in the last decade. The Supreme Court of Sri Lanka dealt a deathly blow to the Roman-Dutch Law and the Aquilian Action freezing them in time and the English tort of negligence was brought to a humiliating bathos, as the death of a child due to the negligence of an expert pediatrician was considered to be trivial, giving into technicalities and strict interpretation of the law as opposed to establishing justice. This critique contains the impact of the judgment on the law of Sri Lanka and the conclusion will be an analysis of what the judgment should have been. 

Immobilization of the Aquilian Action & the Abasement of Medical Negligence
In analyzing the requisites of the Aquilian Action, Justice Dheeraratne referred to the texts of Wickramanayake , McKerron  and Boberg  which are probably outdated in laying down the requirements for the modern Aquilian Action  as opposed to modern authors like Burcell.  

In its reasoning the court held that for mental shock to be a claim the plaintiff has to suffer from psychiatric illness, and for the claim of future earnings and support to be successful, the plaintiff had to be indigent. Moreover, the claim of loss of care and companionship was rejected as the court cited Union Government (Minister of Railways and Harbours) v. Warneke [1911] SALR 657  where the loss of a wife was held not to constitute pecuniary loss. Justice Dheeraratne following the same course held that it was not possible to extend the scope of the Aquilian Action to accommodate a claim for damages other than for pecuniary loss. Thus the court was being archaic as old texts and cases were referred to instead of the current ones. Thus the Lex Aquilia was made static as changes could only be made through legislation according to the court and hence damages under the Aquilian Action were confined to pecuniary losses.         

The standard of care is more or less similar in tort and delict and the court was correct to apply the Bolam Test  since similar principles are found in the South African case of Mitchell v. Dixon [1914] AD 519.  Then under the heads of properly attending the child and properly investigating her illness, the court found that “the defendant’s conduct fell short of that standard of care and she was therefore negligent”.  Nevertheless the court held that the plaintiff had failed to prove on a balance of probability that the negligence of the defendant had a causal nexus with the non-diagnosis of the malady. It shamelessly implied that the child would have died in any event and therefore the plaintiff is not entitled to damages. Thus according to this judgment medical negligence by an expert would not result in damages if it was in relation to a terminally ill person. 

Consequences on the Law of Sri Lanka
There are numerous far reaching implications on the law of Sri Lanka as a result of this determination. Firstly, it held that the applicable substance of the Roman-Dutch Law was incapable of being evolved by the courts  as it followed the precedent of Lily de Costa v. Bank of Ceylon [1969] 72 NLR 457  instead of the one laid down in Kodeeswaran v. Attorney General [1969] 72 NLR 337.  The fact that the Supreme Court vehemently rejected the idea of developing the law to suit contemporary needs such as compensating for the loss of care and companionship is a negative outcome itself. The strict textualist approach followed by the judge moreover binds the later courts from adopting purposive interpretation of the law. The decision further left the Aquilian Action without a hint of humanity as patrimonial damages were available only for pecuniary loss. 

However, the gravest issues were regarding medical negligence. It left a massive lacuna in that area, as it is in doubt whether a person who attends a terminally ill person will ever be liable in a claim of negligence. Moreover, parents will not be able to sue for damages due to the loss of their children unless they prove the absurd requirement of indigence. In addition to that if the loss of a child results in emotional trauma there will not be damages awarded unless the parents are able to prove psychiatric illness for at least a short duration. 

The drastic effect all of these negative consequences coupled with the ominous costs order, will be that victims of medical negligence will be dissuaded from vindicating their rights. The public will lose regard for the law and the society will dismiss the judiciary as a stronghold which protects their rights.          

What it should have been…  
If I were writing the judgment I would have first concentrated on whether the Court of Appeal had erred in its finding of professional negligence instead of dealing with whether the plaintiff was entitled to damages. Thus when the Bolam Test laid down in the Bolam v. Friern Hospital Management  Committee [1957] 2 All ER 118  is applied it is evident that the defendant was negligent. I agree with Justice Dheeraratne when he proceeds from here to assume that the child would not have probably survived of Brain Stem Glioma. Moreover according to Bolitho v. City and Hackney Health Authority [1997] 4 All ER 771, a doctor could be negligent in respect of the diagnosis and treatment despite a body of professional opinion sanctioning his conduct, where it had not been demonstrated to the judge’s satisfaction that the body of opinion relied on was reasonable and responsible.  Therefore his Lordship failed to notice that if there had been a proper diagnosis initially with the due care, then the child’s life may have been prolonged as Dr. Sri Lal Dias testified.  Although the Supreme Court held that this possibility was unsatisfactory evidence I believe that it was more than enough to prove that there was a causal nexus between the child’s UNTIMELY death and the flagrant negligence of the Professor. 

In the matter of damages, the additional medical expenses incurred by the plaintiff as a result of the negligence of the defendant should have at any rate been recoverable. However, I too would have refused the claim of mental shock as the plaintiff had not suffered from a psychiatric illness. In addition to that the claim of loss of future earnings would be rejected based on the fact that since Brain Stem Glioma was a terminal disease, it would have eventually resulted in the death of the child and there would be no future earnings. However when it comes to the loss of care and companionship, instead of the atavistic attitude of Justice Dheeraratne in abiding to Lily de Costa v. Bank of Ceylon, the Privy Council decision in Kodeeswaran v. Attorney General should have been adopted where Lord Diplock held that the Roman-Dutch Law like the English Law is capable of evolution to adapt to changing conditions.  So if such an approach was taken, the court would have determined that it could modify the principles of the Roman-Dutch Law when the necessity arose, and damages would have been allowed. Nevertheless the damages have to be on a scale of proportionality weighing the merits of the life span of the terminally ill child and how much it may have been reduced due to the negligence of the defendant.  

Conclusion
Therefore it is undoubted that Professor Priyani Soyza v. Rienzie Arsecularatne had a detrimental effect on the Aquilian Action and the tort of negligence as they were both made inhibitory. It is apparent that the decision may have been aimed at sealing a floodgate which would have opened in the area of medical negligence. Instead of taking the opportunity to modify archaic principles in the law, the court chose to follow them knowing all too well that it would lead to iniquity. Hence at the end of the day, the grieving father had to bury his child and swallow his loss owing to the blatant injustice of the court.  

Wednesday, December 21, 2011

Prestigious Awards


There are several types of award ceremonies in the world that felicitate the contribution made by the various people in the diverse fields. Among these are a few which have become famous and revered for their significance.

Nobel Prizes

Established in Alfred Nobel’s will in 1895 it was first awarded in Medicine, Physics, Chemistry, Literature and Peace in 1901. These prizes are regarded as the most prestigious in the specific fields together with the Sveriges Riksbank Prize in Economic Sciences. With the exception of the Nobel Peace Prize, the Nobel Prizes and the Prize in Economics are presented in Stockholm, Sweden, at the annual Prize Award Ceremony on December 10, the anniversary of Nobel's death.  The Nobel Peace Prize and its recipients' lectures are presented at the annual Prize Award Ceremony in Oslo, Norway, also on December 10.

Academy Awards

Popularly known as the ‘Oscars’ these awards are presented annually by the Academy of Motion Picture Arts and Sciences (AMPAS) to recognize the the excellence of professionals in the film industry. It is definitely the most coveted film industry award ceremony in the world which defines the stars, cast as well as the other crew in the future.  

Grammy Awards

Originally called the Gramophone Awards these awards are presented annually by the National Academy of Recording Arts and Sciences of the United States for outstanding achievements in the record industry. Featuring prominent artists at the ceremonies, the Grammys are considered the highest music honor, the US record industry's equivalent to the Oscars for motion pictures.

Emmy Awards

These are television production awards, similar in nature to the Peabody Awards but more focused on entertainment, and is considered the television equivalent to the Oscars. They are presented in various sectors of the television industry, including entertainment programming, news and documentary shows, and sports programming. As such, the awards are presented in various area-specific ceremonies held annually throughout the year.

Tony Awards

The Antoinette Perry Award for Excellence in Theatre, more commonly known as a Tony Award, recognizes achievement in live Broadway theatre. The awards are presented by the American Theatre Wing and The Broadway League at an annual ceremony in New York City. The awards are given for Broadway productions and performances, and an award is given for regional theatre.

Sarasavi Awards

These are the most prestigious awards that are given to the distinguished individuals involved in Sinhala Cinema. Just like the Oscars for the Hollywood fans and Filmfare Awards for the Bollywood fans, it is the Sarasaviya Awards for the Sri Lankans. Started in 1964 it was first held at the Asoka Cinema Hall. Around 25 awards and a few merit awards are given away every year.

Pulitzer Awards

These are American awards regarded as the highest national honor in newspaper journalism, literary achievements and musical composition. It is administered by Columbia University in New York City. Prizes are awarded yearly in twenty-one categories. In twenty of these, each winner receives a certificate and a US$10,000 cash reward. The prize was established by Joseph Pulitzer, a Hungarian-American journalist and newspaper publisher, who left money to Columbia University upon his death in 1911. A portion of his bequest was used to found the university's journalism school in 1912. The first Pulitzer Prizes were awarded in 1917, and they are now announced each April. Recipients are chosen by an independent board.

Endemic Birds of Sri Lanka


The total number of bird species recorded in the island is 492 of which 219 are breeding residents. Most of them are found in the wet zone. The winter migrants come from distant Siberia and Western Europe. The reservoirs attract vast number of water birds. The forests attract many other species.  There are many bird sanctuaries across the island. Kumana, Bundala, Kalamatiya, Sinharaja Rain Forest, Udawatta Kale, Bellanwila, Muthurajawela, Minneriya, Kitulgala and Minipe are important bird watching locations. In additions you can see birds through out the country in pockets of forests, lakes, lagoons and river sides. Sri Lanka is home to 26 endemic bird species and seven proposed species which would increase the list to 33.

1. Sri Lanka Spurfowl

Scientific Name - galloperdix bicalcarata
Common Name – Haban Kukula
It belongs to the order Galliformes and the family Phasianidae. The Sri Lanka Spurfowl is a member of the pheasant family which is endemic to the dense rainforests of Sri Lanka. It is a very secretive bird, and despite its size is difficult to see as it slips through dense undergrowth. Often the only indication of its presence is its distinctive ringing call, consisting of series of three-syllabled whistles. This spurfowl is one of three species of bird in the genus Galloperdix.

It is a ground nesting bird, which lays 2-5 eggs in a scrape. It is a plump, 37 cm long bird. Both sexes have brown upperparts, wings and tail. There is a red facial skin patch, and a whitish throat. The legs are red. Like most of the pheasant family, Sri Lanka Spurfowl is a terrestrial species. It scratches vigorously amongst the leaf litter of the forest floor for various seeds, fallen fruit and insects. It appears in the one rupee Sri Lankan postal stamp. It is listed under Least Concerned by the IUCN.

2. Sri Lanka Junglefowl

Scientific Name – gallus lafayetii
Common Name – Wali Kukula
The Sri Lanka Junglefowl is the national bird of Sri Lanka. It belongs to the order Galliformes and the family Phasianidae. It is closely related to the Red Junglefowl from which the chicken was domesticated. The male is much larger than the female, with more vivid plumage and a highly exaggerated wattle and comb. The male ranges from 66–73 cm long, essentially resembling a large rooster. The male has orange-red body plumage, and dark purple to black wings and tail. The female is much smaller, at only 35 cm, with dull brown plumage with white patterning on the lower belly and breast, ideal camouflage for a nesting bird.

It is a terrestrial species and spends most of its time foraging for food by scratching the ground for various seeds, fallen fruit and insects. It is a ground nesting bird, and lays 2-4 eggs in a nest. Similar to many members of the pheasant family, the colourful male plays no part in the incubation of the eggs or rearing of the young. These duties are performed by the drab female. It used to be distributed throughout the island but it is nowadays common only in the wilder parts of the dry zone. It is listed under Least Concerned by the IUCN.

3. Sri Lanka Hanging Parrot

Scientific Name – loriculus berylinus
Common Name – Gira Maliththa or Pol Girawa
It belongs to the order Psittaciaformes and the family Psittaciadae. This is a small parrot which is a resident endemic breeder in Sri Lanka. It is the size of a House Sparrow measuring only 13 cm long with a short tail. The adult is mainly green with a red crown and rump. The nape and back have on orange tint. The chin and throat are pale blue. The beak is red and the irises are white. Immature birds lack the orange hue to the back, have a duller rump, and have only a hint of orange on the crown. They have a faint blue throat, orange beaks and brown irises. It is less gregarious than some of its relatives, and is usually alone or in small groups outside the breeding season. Its flight is swift and direct, and the call is a sharp whistled twiwittwit, twitwitwit. It undergoes local movements, driven mainly by the availability of the fruit, seeds, buds and blossoms that make up its diet.

It is a bird of open forest and strictly arboreal, never descending to the ground. Its breeding habits are highly remarkable. It nests in holes in trees, laying 2–3 white eggs. The lorikeet breeds in the first half of the year, and sometimes again in July-September. This brilliantly-colored little parrot is found everywhere in the hills up to 4,000 feet, and in the north-east monsoon it ascends a thousand feet higher; it also inhabits the low-country wet zone and parts of the dry zone to the south of the Northern Province. The Sri Lanka Hanging Parrot is featured in the 15 cents postal stamp and the new 1,000 rupee note. It is listed by the IUCN under Least Concerned. 

4. Layard’s Parakeet

Scientific Name – psittacula calthropae
Common Name – Alu Girawa
The name of this endemic breeder commemorates the British naturalist Edgar Leopold Layard. It is also referred to as the Sri Lanka Emerald Collared Parakeet. It too belongs to the order Psittaciaformes and the family Psittaciadae.  Its color is mainly green and it measures up to at least 29 cm long including a tail of up to 13 cm. The adult has a bluish-grey head and back, separated by a green collar. There is a broad black chin stripe and the tail is blue tipped yellow. The female is similar, but has an all black beak and less green on the face than the male. Immature birds are mainly green, with an orange bill.

Layard's Parakeet is a bird of forests, particularly at the edges and in clearings, and also gardens. It is locally common and undergoes local movements, driven mainly by the availability of the fruit, seeds, buds and blossoms that make up its diet. It is less gregarious than some of its relatives, and is usually in small groups outside the breeding season, when it often feeds with Brahminy Starlings. Its flight is swift and direct, and the call is distinctive as it’s a raucous chattering. It nests in holes in large trees, laying 3–4 white eggs. It appears on the 50 cents postal stamp and the new 500 rupee note. It is listed by the IUCN under Least Concerned. 

5. Red Faced Malkoha

Scientific Name – phaenicophaeus pyrrhocephalus 
Common Name – Watha Rathu Mal Koha
It is a member of the cuckoo order of birds, the Cuculiformes. This is a large species at 46 cm with a long graduated tail. Its back is dark green, and the upper tail is green edged with white. The belly and under tail are white, the latter being barred black. The crown and throat are black, and the lower face white. There is a large red patch around the eye and the bill is green. Sexes are similar, but juveniles are much duller.

It takes a variety of insects including caterpillars, giant stick insects, mantises and small vertebrates such as lizards. Unlike most cuckoos, this is a quiet species, making only an odd soft grunt. The Red Faced Malkoha is a bird of dense forests, where it can be difficult to see despite its size and colour. In the island it is largely confined to the Sinharaja Forest Reserve and the surrounding vegetation. It is also found in scattered riverine habitats in the dry zone, such as Lahugala, Wasgamuwa, Manik Ganga and Kubukkan Oya. The breeding season is in the first half of the year and probably again in August-September. The nest is described as a shallow saucer of grass, roots and twigs, very carelessly put together, and placed in high bushes in forest with thick undergrowth with the typical clutch being 2-3 eggs. The IUCN has listed its status as Vulnerable. It appears in a 5 rupee Sri Lankan postal stamp.

6. Green Billed Coucal

Scientific Name – centropus chlororhynchos
Common Name – Bata Ati Kukula
It is the only other member of the Cuculiformes that is endemic to Sri Lanka. The Green-Billed Coucal is a rare and shy species of the tall rainforests of southwest Sri Lanka. It is found only in the forests of the wet zone, west, south-west and south of the main mountain massif, which it ascends to 2,500 feet, or perhaps higher. This is a large species at 43 cm. Its head and body are purple-black, the wings are maroon above and black below, and the long tail is dark green. The bill is a distinctive light green. Sexes are similar, but juveniles are duller and streaked.

It nests in a bush, and the typical clutch is 2-3 eggs. The Green-billed Coucal takes a wide range of insects, caterpillars and small vertebrates, but snails are a favourite. This species is somewhat smaller and less contrasted than the widespread Greater Coucal. Despite its size and distinctive call, this is a difficult species to see because of the dense habitat in which it lives and its retiring nature. It has a small and declining population as a result of the forest destruction. The IUCN has listed its status as Vulnerable. This bird appears in a 20 rupee Sri Lankan postal stamp.

7. Serendib Scops Owl

Scientific Name – otus thilohoffmanni
Common Name – Pandu Kan-Bassa
It belongs to the order Strigiformes and is one of the two endemic owls in Sri Lanka. It is strictly nocturnal and hunts for food during the first two hours of darkness. Its diet consists mainly of insects like beetles and moths. It begins calling at dusk, and rises again some two hours before dawn. Unlike the other two species of Scops owl in found Sri Lanka, Collared Scops Owl and Oriental Scops Owl, it does not have ear tufts and its facial disc is only weakly defined. It is around 16.5 cm long with a short tail. It is generally reddish brown with paler underparts, spotted all over with fine black markings. The irides are tawny yellow and the feet are a pale fleshy colour.

It is the most recently discovered bird of Sri Lanka and also the first new species of bird since 1868. It was originally located by its unfamiliar poo-ooo call in the Kitulgala rainforest by Sri Lankan ornithologist Deepal Warakagoda. Six years later, it was finally seen by him in 2001 in Sinharaja, and formally described as a species new to science in 2004. Apart from Sinharaja and Kitulgala, it has also been found at Runakanda Reserve in Morapitiya and Eratna Gilimale.

The habitat of the Serendib Scops-owl is in the southern rain forests of Sri Lanka. There is an altitudinal range from 30 to 50 metres. This owl has no competition from other nocturnal birds as the territories are completely different. This species has a very small population. In 2006 only 80 of them were known to exist with the IUCN recording its status as Endangered.

8. Chestnut-backed Owl

Scientific Name – glaucidium castanonotum
Common Name – Pitathambala Upa-Bassa
This species is a part of the larger grouping of owls known as typical owls, Strigidae, which contains most species of owl. It is small and stocky about 19 cm. The upperparts and wings are mainly chestnut brown with darker barring. The underparts are white with blackish shaft-streaks. The facial disc is mainly brown and the eyes are yellow. There is a white neckband. Sexes are similar.

It is shy and wary and frequents the tops of tall trees, usually on steep hillsides. It is very diurnal in habits, often hunting and calling in broad daylight. It feeds mainly on insects, such as beetles, but also captures mice, small lizards and small birds. The breeding season is from March to May, the eggs being laid on the bare wood in a hole in the trunk of a tree. It lays around only two eggs at a time. The call is a slow kraw-kraw and carries for a long distance.

It is a resident bird in the wet zone forests of Sri Lanka, and can be seen at sites such as Kitulgala and Sinharaja. Its range has undoubtedly shrunk and can now be found sparingly in the remaining forests of the wet zone and adjoining hills up to 6,500 feet. The IUCN has recorded its status as Near Threatened. 

9. Sri Lanka Wood Pigeon

Scientific Name – columba torringtoni
Common Name – Mailagoya
The Wood Pigeon is the only endemic bird from the order of Columbiformes although the Pornpadour Green Pigeon has been proposed. This is a pigeon which is an endemic resident breeder in the mountains of Sri Lanka. Its normal range is from 3,000 feet upwards to the highest elevations, but it wanders about a great deal and sometimes descends as low as 1000 feet in the damp forests of the wet zone. The Woodpigeon is 36 cm in length about the size of the domestic pigeon, but with a longer tail. Its upperparts and tail are dark grey, and the head and underparts are lilac, becoming paler on the belly. There is a black-and-white chessboard pattern on the nape.

Exclusively a forest dweller, it lives in pairs though small flocks will form where food is abundant. It is strictly arboreal, feeding on a variety of small jungle fruits and berries, among which the fruits of the wild cinnamon are much liked. The breeding season is from February to May, and again from August to October. The nest is the usual pigeon-type, scanty platform of twigs; it is placed among foliage in the canopy of a forest tree. It lays only a single white egg at a time. Normally silent it utters an owl-like hoo call in the breeding season. It appears in a 25 cents Sri Lankan postal stamp. The IUCN has listed its status as Vulnerable.

10. Sri Lanka Grey Hornbill

Scientific Name – ocyceros gingalensis
Common Name – Alu Kadatta
This is a widespread and common endemic resident breeder in Sri Lanka. Hornbills are a family of tropical near-passerine birds found in the Old World. It is the only endemic bird belonging to the order Coraciiformes and the Bucerotidae family. It is a large bird 45cm in length and has grey wings with black primary flight feathers, a grey back, and a brown crown. Its long tail is blackish with white sides, and the underparts are white. Its unique feature is the long curved bill. Sexes are similar, although the male has a cream-coloured bill, whereas the female's is black with a cream stripe. Immature birds have dark grey upperparts, a cream bill, and a tail with a white tip. Its flight is slow and powerful.

It lives in pairs or small flocks. It feeds mostly on figs, although occasionally it eats small rodents, reptiles and insects. In spite of its size it is often very subtle as it has a habit of sitting quietly among foliage, in a very upright position, turning its head stealthily in all directions while scanning the environment for food. The breeding season is from April to August and the nest is cavity in the bole of a large tree, usually at height from the ground. The female is known to lay up to four eggs which are white. It is common in all low-country forested areas, both wet and dry zone, although it is known to occasionally ascend to the hills. Its status is listed as Least Concerned by the IUCN.

11. Sri Lanka Blue Magpie

Scientific Name – urocissa ornate
Common Name – Lanka Kahibella
It is the only member of the Corvidae or crow family that is endemic to Sri Lanka. It belongs to the order Passeriformes. It is about the same size as the Mynah or House Crow at 42–47 cm. The adults are blue with chestnut head and wings, and a long white-tipped tail. The legs and bill are red. The young bird is a duller version of the adult. It has a variety of calls including mimicry, a loud chink-chink and a rasping krak-krak-krak-krak.

This is a species of a dense wet evergreen temperate rain forest. It is declining due to loss of this habitat. The Blue Magpie is usually found in small groups of up to six or seven birds. It is largely carnivorous, eating small frogs, lizards, insects and other invertebrates, but will eat fruit. The breeding season is in the first quarter of the year. The cup-shaped stick nest is in a tree or shrub and there are usually 3–5 eggs laid. The eggs are white heavily spotted with brown. Both sexes build the nest and feed the young with only the female incubating them. Blue Magpie appears in a 10 cents postal stamp, which was in wide usage in 1980s through 1990s. The IUCN has listed it as Vulnerable.

12. Yellow-fronted Barbet

Scientific Name – megalaima flavifrons
Common Name – Mukalang Kottoruwa/ Rannalal Kottoruwa
It is an Asian barbet which is an endemic resident breeder in Sri Lanka. It belongs to the Megalaimidae family and the Piciformes order. The barbets get their name from the bristles which fringe their heavy bills. This is a medium-sized barbet at 21 cm. It is a plump bird, with a short neck, large head and short tail. The adult has a mainly green body and wing plumage, with a scaly appearance to the breast. It has a blue face and throat, and a yellow crown and moustachial stripes.

Throughout its range it is a common bird, not shy, and well known for its resounding call kow-kow. The Yellow-fronted Barbet feeds on numerous kinds of berries, wild figs, and cultivated fruits such as guavas, being rather a pest in orchards. The breeding season is from February to May, with a secondary season in August-September, but an occasional nest may be found at other times of the year. It is mainly a bird of the hills which it ascends to at least 6,500 feet, but it is found in many parts of the low-country wet zone, and in scattered colonies in some dry-zone districts to the east of the mountains. Yellow-fronted Barbet is an arboreal species of forests and other woodland, including large gardens, which eats mainly fruit and only rarely insects. It nests in a tree hole, laying 2-3 eggs. Yellow-fronted Barbet appears in a 5 rupee Sri Lankan postal stamp. Its listed in IUCN as Least Concerned.

13. Dull-Blue Flycatcher

Scientific Name – eumyias sordida
Common Name – Anduru Nil-Masimara
This is a small bird belonging to the order, Passeriformes and the flycatcher family, Muscicapidae. It is an endemic resident breeder confined to the hills above 2,000 feet, but is not common below 3,000 feet. It inhabits forest or well-wooded ravines on estates and gardens where plenty of shady trees give it the seclusion it loves. This species is 15 cm long and is similar in shape to the Spotted Flycatcher and has a loud melodic song. Adults are ashy blue, with a whitish belly. There is a black patch between the broad black bill and the eye, bordered with brighter blue above and below. Sexes are similar, but females are slightly duller. Juveniles are brown, heavily spotted on the head, back, wing-coverts and breast with pale buff; their flight feathers are broadly edged with blue-grey.

It feeds mainly on flying insects, beetles, caterpillars and the like, but also eats berries. It has a sweet rather loud song. The main breeding season is in the first half of the year, March and April being the favourite months; but a second or a third brood is often reared in August-September. The cup-shaped nest is a lined compact mass of moss. The site is usually a well-shaded rock ledge. The normal clutch is two or three brown-spotted pink eggs are laid. One of the best places to see this species is Horton Plains National Park. The flycatcher appears in a 2 rupee Sri Lankan postal stamp as well as the new 50 rupee note. Its status is listed by the IUCN as Near Threatened.

14. Yellow-Eared Bulbul

Scientific Name – pycnonotus penicillatus
Common Name – Galuguduwa or Kahakondaya
This endemic resident breeder in the highlands of Sri Lanka belongs to the bulbul family, Pycnonotidae and the order Passeriformes. It is about 20 cm in length, with a long tail. It has olive upperparts and yellowish underparts. The crown of the head is black, and there are yellow ear tufts and a yellow patch below the eye. There is a white tuft in front of the eye and the throat is also white. Sexes are similar in plumage, but young birds are duller than adults. The flight is bouncing and woodpecker-like.

Yellow-eared Bulbuls feed on fruit and insects. The call is a pleasant weet-wit-wit but a low crr-crr alarm call is also uttered. The nest is very similar to the small ones of Red-vented Bulbul. It is a cup, composed of small twigs, rather flimsily built, and lined scantily with fibres. It is well concealed among foliage, either in a low bush or in a small tree growing in a wooded ravine. The breeding season is from March-May and again from August-October. The pinkish white eggs normally number two heavily spotted and speckled with reddish brown. It is found in pairs or small parties throughout the hills, up to at least 4,000 feet, and in scattered colonies in the dry zone except in the most arid parts. It appears in a 10 rupee Sri Lankan postal stamp and also the new 5000 rupee note. The IUCN has recorded its status as Near Threatened.

15. Orange-billed Babbler

Scientific Name – turdoides rufescens
Common Name – Rathu Demalichcha
The Orange Billed Babbler belongs to the Old World babblers, a large family of Old World passerine birds characterized by soft fluffy plumage. Its family is called Timaliidae. These are birds of tropical areas, with the greatest variety in Southeast Asia. These birds are plain orange brown below, and have a slightly darker shade above. The crown and nape are grey, and the bill is orange. Very similar in size and form to the Hisa-alu Demalichcha, but can be distinguished from it by its rofous coloration and bright orange beak and legs. Sexes are similar. It is fairly common, living in flocks of seven to ten or more. It is a noisy bird, and the presence of a flock may generally be known at some distance by the continual chattering, squeaking and chirping with which its members converse together. It feeds mainly on insects, but doubtless eats also many jungle berries.

Its habitat is rainforest, and it is seldom seen away from deep jungle. This species, like most babblers, is not migratory, and has short rounded wings and a weak flight. Although its habitat is under threat, it occurs in all the forests of the wet zone, and is quite common at prime sites like Kitulgala and Sinharaja. It builds its nest in a tree, concealed in dense masses of foliage. The normal clutch is two or three deep greenish blue eggs. It appears in a 10 rupee Sri Lankan postal stamp and the new hundred rupee note. The IUCN has classified it as Near Threatened.  

16. Brown-capped Babbler

Scientific Name – pellorneum fuscocapillus
Common Name – Mudun Bora Demalichcha
It is also an Old World Babbler belonging to the Timaliidae family and the Passeriformes Order. It is about the size of the magpie robin. It measures 16 cm including its long tail. It is brown above and rich cinnamon below. It has a dark brown crown and short dark bills. Sexes are similar. A shy jungle-loving bird, it lives in pairs. The nest is a domed, outwardly untidy structure composed of dead leaves, skeleton leaves, dry grass, etc., placed on the ground among the same kind of objects, among which it is practically impossible to distinguish unless, and until, the bird flies off at one's feet. It is often situated at the base of a tree or shrub and is always in deep forest. The two eggs are broad ovals, white or off-white and thickly speckled with some shades of brown.

Their food is mainly insects. They can be difficult to observe in the dense vegetation they prefer, but like other babblers, these are noisy birds, and their characteristic calls are often the best indication that these birds are present. It is found, wherever there is forest, throughout the island except perhaps in the driest parts of the Northern and Southern Provinces. It ascends the hills to at least 5,500 feet. It appears on the 4 rupee Sri Lankan postal stamp. The IUCN has listed its status as Least Concern.

17. Sri Lanka Whistling Thrush

Scientific Name – myophonus blighi
Common Name – Lanka Arangaya
This is a whistling thrush in the thrush family Turdidae belonging to the Passeriformes order. It is a small bird, at only 20 centimeters. Adult males are dark blue with a darker head and back. There are bright blue patches on the shoulders and forehead. The female is brown above and chestnut below, but has a bright blue shoulder patch like the male. The plumage of the immature bird is browner with only a little blue. It is omnivorous, eating a wide range of insects, frogs, earthworms and berries.

The male sings its simple whistling song from trees, usually in deep cover. This is a notoriously difficult species to see, even when the males are singing in the breeding season, which starts in February and goes on till May. It is very shy, scarce, localized and declining due to habitat loss. It is found in the highlands of Sri Lanka in jungle or other dense forest near water. Perhaps the best chance is at dawn at Horton Plains National Park, 2000m up in the highlands of Sri Lanka. It lays one or two white eggs with pale red and brown patches at a time in a neat cup-shaped nest in a bush or on a ledge near water. It does not form flocks, although several birds may be loosely associated in suitable habitat. It appears in a 75 cents Sri Lankan postal stamp. Its status is listed as Endangered by the IUCN.

18. Sri Lanka Spot-Winged Thrush

Scientific Name – zoothera spiloptera
Common Name – Lanka Thithpiya Thirasikaya
This is an Asian thrush, a group within the large thrush family Turdidae belonging to the Passeriformes order. Adults of this 27 centimeters thrush are light brown above with a double wing bar of white spots. The pale face has two dark bars. The underparts are white with heavy spotting. The bill is black and legs are yellow. Sexes are alike but the young rather closely resemble the female Pied Ground Thrush, but many be distinguished by the characteristic facial pattern of the white and black, which is similar to that of the adult. The song is a rich and varied whistling.

Spot-winged Thrushes are omnivorous, but eat far more insects than fruit. They feed on the ground. It is rather shy but also inquisitive. This uncommon species breeds in hill rainforests, and to a lesser extent in drier woodlands, at altitudes between 500 and 2000 meters. It is generally solitary, and like many Zoothera thrushes, can be quite secretive, especially in the dense undergrowth and bamboo clumps it favours. They have two breeding seasons. One is in March-April and other is in August-November. The loose cup nests are lined with vegetation and placed in a tree fork. Two to three bluish-green eggs are laid. Its status is listed as Near Threatened by the IUCN.

19. Sri Lanka Bush Warbler

Scientific Name – bradypterus palliseri
Common Name – Lanka Rasa Raviya
This is an Old World warbler which is an endemic resident breeder in Sri Lanka, where it is the only bush warbler. It belongs to the order Passeriformes and the family, Sylviidae. It is also called the Palliser’s Warbler. It is slightly larger than a sparrow and is a medium-large warbler at 14 cm. The adult has a plain brown back, pale grey under parts, a broad tail and short wings. There is a weak supercilium (the arch of hair above each eye), and the throat is tinged orange. The sexes alike, as with most warbles, except that males have red irides while those of females are pale buff. The young birds lack the throat coloration.

The Sri Lanka Bush Warbler is a bird of dense forest undergrowth, often close to water. It is found in the highlands of central Sri Lanka, usually above 1200 meters. The breeding season is from February – May with a secondary season in September. A large nest is built in a shrub, and two eggs are laid. It is a very secretive species making it very difficult to be seen although it usually lives in pairs. Perhaps the best site is the Horton Plains. It keeps low in vegetation, and, like most warblers, it is insectivorous but loves nillu and elephant grass. Males are often only detected by the loud song, which has an explosive ‘queet’. It is listed as Near-Threatened by the IUCN.

20. Sri Lanka White Eye

Scientific Name – zosterops ceylonensis
Common Name – Lanka Sithasiya
This is a small passerine bird in the white-eye family, Zosteropidae. This bird is slightly larger than the Oriental White-eye (about 11 cm long) which it replaces above 4000 ft. The upper parts of the body and sides of neck are dark olive green. The rump appears paler green while the crown and forehead appear darker. The wings and tail are brown edged with green on the back. The typical ring of tiny white feathers around the eye is present. The lores are dark and there is a dark streak below the eye. The chin, throat and upper breast are greenish-yellow as are the thighs and vent. The belly region is grayish white. The dark bill has a slaty base to the lower mandible. The legs are dark. The iris is yellow to reddish-brown.

This species can be distinguished from the widespread Oriental White-eye, Zosterops palpebrosus, by its larger size, duller green back and more extensive yellow on the breast. It has a darker patch between the eye and the bill. It is sociable, forming large flocks which only separate on the approach of the breeding season, which is from March – May and another season from August – September. It builds a tree nest which is large but not solidly built and lays 3 unspotted pale blue eggs. Though mainly insectivorous, Sri Lankan White-eye will also eat nectar and fruits of various kinds. It is only found in the Sri Lankan mountains usually above 1200 meters and is quite common. This bird is listed as Least-Concern by the IUCN.

21. Ashy-Headed Laughing-Thrush

Scientific Name – garrulax cinereifrons
Common Name – Alu Demalichcha
This is an Old World Babbler belonging to the Timaliidae and the Passeriformes order. This entire family is characterized by soft fluffy plumage. It is slightly larger than the Southern Common Babbler, at 23 centimeters in length with a long floppy tail. It can be easily distinguished from the latter by its black beak, dark grey legs, grey head, and dark reddish-brown back, wings and tail. It is also a neater-looking bird. It is rufous brown above and deep buff below, with a grey head and white throat. Its breeding season is in the first quarter of the year where it lays 3-4 turquoise blue eggs in a football-size nest.  They feed mainly on insects, but also eat jungle berries.

They live in flocks and like other babblers, they are noisy birds, and the characteristic laughing calls are often the best indication that they are present, since they are often difficult to see in their preferred habitat. It is confined to the deep forests of the wet zone and the adjacent mountains where, on the southern and western aspects of the main range, it ascends to at least 5,000 feet. Although its habitat is under threat, this laughing-thrush occurs in all the forests of the wet zone, and is quite common at prime sites like Kitulgala and Sinharaja. It is seldom seen away from deep jungle or dense bamboo thickets in the wet zone. This species, like most babblers, is not migratory, and has short rounded wings and a weak flight. It appears on the 3 rupee Sri Lankan postal stamp. It is listed as Vulnerable by the IUCN.

22. White-Faced Starling

Scientific Name – sturnus albofrontatus
Common Name – Hisa Sudu Sharikava
It is an endemic member of the starling family, Sturnidae belonging to the Passeriformes order. The sexes are similar and the adults are 22 centimeters long. It is a sleek slender bird, with a white forehead, face, and throat and under tail-coverts; the white of the head merges into the greenish-grey-black of the back, wings and tail; and the white throat shaded into the smoky-grey of the breast and underparts, which are streaked with white. The head is paler than the underparts. The juveniles are duller, with brown upperparts and greyer underparts.

It is strictly arboreal, frequenting the tops of tall trees, and commonly associates in small flocks. Its food consists largely of wild fruits, such as cinnamon, berries and figs, but it doubtless eats insects; and like many other birds, it is very fond of the nectar of the red cotton tree. It builds the nest in a tree-hole and is known to lay a pair of pale blue eggs. This is a rare bird, confined to the tall forests, but can be seen in the clearings of the wet zone, including the Adam's Peak range up to 4,000 feet or perhaps higher. It is listed as Vulnerable by the IUCN.

23. White-Throated Flowerpecker

Scientific Name – dicaeum vincens
Common Name – Pilachcha
It is also known as the Legge’s Flowerpecker named after the Australian ornithologist William Vincent Legge. It belongs to the Dicaeidae family and the Passeriformes order. This is a very small, stout flowerpecker. About the size of the Purple-rumed Sunbird at 10 centimeters in length which it somewhat resembles at a distance. But the male can be distinguished, by its pure-white throat and dark bluish-grey back and short tail. The female is duller, with olive-brown upperparts. Both sexes have a short thick curved beak and tubular tongue. The latter features reflect the importance of nectar in its diet, although berries, spiders and insects are also taken.

It lives either solitary, in pairs, or in little family parties, and is not easy to meet with because it keeps mainly to the tops of tall trees, either in forests or on its outskirts. The breeding season is from January to August. The nest is often built in a Hora tree. It is a hanging pocket of felted plant down, with the entrance at the top, just below the supporting twig. The two eggs are dull white, irregularly spotted with purplish red. This scarce little bird is found only in the rain forests of the south-western parts of the wet zone, including the neighboring hills up to 3,000 feet. It appears in a one rupee Sri Lankan postal stamp. The bird is listed as Near-Threatened by the IUCN.

24. Sri Lanka Myna

Scientific Name – gracula ptilogenys
Common Name – Salalihiniya
Also known as the Sri Lanka Hill Myna it is the only other endemic starling in the country belonging to the Sturnidae and Passeriformes order. These are 25 centimeter long birds with green-glossed black plumage, purple-tinged head and neck. There are large white wing patches, which are obvious in flight. The strong legs are bright yellow, and there are yellow wattles on the nape. It is rather larger than the Common Myna. The sexes are alike, and the young differ only in being duller, and having smaller wattles.

It lives in scattered colonies, but it does not seem to be quite so gregarious but is still a restless bird. It is quite famous for its melodious call and is often mentioned by Sri Lankan poets. It loves high trees, and may be found in the heart of tall forests. Like most starlings, the Sri Lanka Myna is fairly omnivorous, eating fruit, nectar and insects. The breeding season is from February-May and a secondary season in August-September. The nest is made in a cavity in a tree-bole or large branch. The two eggs are pale blue blotched with purplish brown. It inhabits the forests and well-wooded country of the wet zone, ascending the hills, in the wetter districts of the south and west, to at least 6,000 feet. It appears on a 10 rupee Sri Lankan postal stamp. It is also listed as Near-Threatened by the IUCN.

25. Sri Lanka Scaly Thrush

Scientific Name – zoothera imbricata
Common Name – Kayuru Thirasikaya
It is a member of the thrush family, Turdidae and belongs to the Passeriformes order. The sexes are similar around 24 centimeters long. It is olive brown with black scaling on a pale white or yellowish background. The most striking identification feature in flight is the black band on the white under wings. It has song which is a loud, far-carrying mechanical whistle, with 5-10 second pauses between each one second long phrase twee...tuuu....tuuu....tuuu. Although the Sri Lanka Thrush is similar to the White’s Thrush, it is particularly distinctive, being smaller, long-billed and rufous below.

It is a very secretive, preferring dense cover and so not much is known about the behavior of the birds. It nests in trees, laying three or four eggs in a neat cup nest. It is omnivorous, eating a wide range of insects, earthworms and berries. It is resident in moist evergreen forest from 400 to 2,200 meters within the 'Wet Zone' of Sri Lanka and is mostly found in the south western wetlands of the island. It is classified as Near Threatened by the IUCN.

26. Sri Lanka Scimitar Babbler

Scientific Name – pomatorhinus melanurus
Common Name – Dá Demalichcha or Parandel Kurulla
This is an Old World Babbler in the Timaliidae family belonging to the Passeriformes order.  It is endemic to the island of Sri Lanka, and was formerly treated as a subspecies of Indian Scimitar-babbler. The nominate form is found in the western part of wet hill regions of Sri Lanka, while the race ‘holdsworthi’ is found in the dry lowlands and eastern hills. The most distinctive feature of this 22 centimeter long bird is the long curved yellow bill. It has a striking head pattern, with a long white supercilum above a broad black band through the eye. The white throat and breast contrast with the dark grayish brown on the upper side and dark grey to black on most of the underside. The tail is broad, long and graduated. They have short and round wings and being weak fliers are rarely seen flying in the open.

Like many other babblers, these are noisy birds, and the characteristic bubbling calls are often the best indication that these birds are present. The call itself consists of a loud fluty oop-pu-pu-pu followed immediately by a krukru. They are often hard to see as they forage through dense vegetation. They feed on insects on the ground or on vegetation. Hopping on the ground, they may turn over leaves or probe in leaf litter for prey. They are quite common throughout the country. They breed from December to May and usually lay about three white eggs. It appears on the 4.50 rupee Sri Lankan postal stamp. It is listed as Least-Concern by the IUCN. 

Sunday, December 18, 2011

Christmas Décor


Christmas Decorations vary from country to country according to culture, practice and even the weather. Christmas is a very colorful time with the decorations adorning the houses and the streets from the beginning of December. The traditional Christmas colors are red, green and white, while gold and silver are also used.

Christmas Tree
This is a decorated coniferous (trees bearing cones and evergreen leaves), real or artificial, and a tradition associated with the celebration of Christmas. The tradition of decorating a tree at Christmas started in Livonia and Germany in the 16th century. It is brought into the home and decorated with Christmas lights (traditionally candles), ornaments, garlands, tinsel, and candy canes. An angel or star is placed at the top of the tree, representing the host of angels or the Star of Bethlehem from the Nativity.

Nativity Scene
Nativity scenes exhibit figures representing the Infant Jesus, Mary and Joseph. Some nativity scenes include other characters from the Biblical story such as shepherds, the Magi, and angels. The figures are usually displayed in a stable, cave, or other structure. Distinctive nativity scenes are displayed during the Christmas season in churches, homes, shopping malls, and other public venues.

Christmas Ornaments
These are usually made of glass, metal, wood or ceramic and are used to decorate a Christmas tree. Ornaments take many different forms, from a simple round ball to highly artistic designs. Ornaments are almost always reused year after year, rather than purchased annually, and family collections often contain a combination of commercially produced ornaments and decorations created by family members. Santa Claus is a commonly used figure. Candy canes, reindeer, bells, snowmen, angels and snowflake imagery are also popular choices.

Christmas Lights
The use of decorative, festive lighting during the Christmas holiday season is a long standing tradition in many Christian cultures. Light was first used by way of candles and lanterns but now with the advances in technology, there are so many different types of electric bulbs that help to illuminate the season.

Christmas Garlands
Colourful tinsel garlands mostly red, gold and silver are used to decorate the tree as well as windowsills, archways and are also hung from the ceiling.

Mistletoe
Mistletoe is the common name for a group of hemi-parasitic plants in the order Santalales that grow attached to and within the branches of a tree or shrub. According to Christmas custom, any two people who meet under a hanging of mistletoe are obliged to kiss.

Holly
It is a plant and a genus of approximately 600 species of flowering plants in the family Aquifoliaceae, and the only living genus in that family. In many western cultures, holly is a traditional Christmas decoration, used especially in wreaths.

Christmas Stockings
This is an empty sock or sock-shaped bag that children hang on Christmas Eve so that Santa Claus can fill it with small toys, candy or other small gifts when he arrives.

Snowmen
Snowmen are sculptures made out of snow to resemble a human being. Although not seen in Sri Lanka it is used during Christmas time in countries with winter.