19 April 2024

Gajalakshmi Paramasivam

 

 

EASTER ATTACKS & BOYCOTTING ELECTIONS

My attention was directed to the article -‘The Easter attacks and the struggles for justice in Sri Lanka’

As a social media person, I rely on my truth to analyse facts I get to know through public forums. I believe that those without official power are supported by the exponential power of truth, to the extent we are true to ourselves. It then results in us finding our own solutions.

As per the article by Ruki  Fernando:

‘Other criminal cases filed by the attorney-general are still ongoing. Fundamental rights cases filed by some concerned citizens led to the Supreme Court holding the former president and senior officials responsible for not preventing the attacks and ordering them to pay compensation.

The amounts were small compared to previous amounts awarded by the Supreme Court to torture victims and there was no directive to hold anyone criminally responsible.

Fifteen months later, the full amounts ordered by the Supreme Court are yet to be paid.’

 

The religion of the Courts is  the path  of law. In SriLanka, the religion of the government as per the Constitution is Buddhism. Hence if the  former president and senior officials responsible believed that they did not act ,in order to protect Buddhism from Christians, would it not be in accord with article 9 of  the constitution, would they be punishable?

The then President Maithripala Sirisena,  already had caused a a constitutional crisis when he  appointed Mr Mahinda Rajapaksa as Prime Minister on 26 October 2018 before formally dismissing the incumbent Ranil Wickremesinghe, resulting in two concurrent Prime Ministers.

 

This two heads situation originated in the 1972 constitution through which Buddhism was raised to foremost status. This continues in the current constitution, as follows:

 

‘9. The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 and 14(1)(e).’

Then under Fundamental Rights the following has been declared:

10. Every person is entitled to freedom of thought, conscience and religion, including the freedom to have or to adopt a religion or belief of his choice.

 

This is presented as follows, in my book ‘Valuing Equal Opposition’:

‘The Sri Lankan political order started weakening after the British left and majority political leaders failed to facilitate Equal Opposition by minority religions/cultures,  through Separation of Powers, when the religion of majority was recognized as foremost under article 9  in the current constitution. ( article 6 in the 1972 constitution).  Culturally independent communities form Natural Opposition, essential in Democracy.  

Fundamental rights were assured in both Constitutions. Equal and Foremost structures in the same Constitution would structurally oppose each other. In Democracy, the corpus has to be the same – as in One coin. If taken as physical separation it results in Separatism.

The seeds of Separatism were thus sown in the Constitution. One may think that it is harmless and applies only to Buddhists. But Tamil & Muslim leaders who also were Autocratic, contributed to Separatism.

The Buddhism foremost article was effectively  double dipping – first politically through majority power, and then through the Constitution. - MIRROR OF TRUTH SAYS - DOUBLE DIPPING

 

Non-Buddhist Sri Lankan politicians also failed to take Equal position to that of the government. This  in essence meant two heads and therefore two separate states. Belief in the whole required us to be the invisible side of the other.

This in essence is the message of Easter Sunday. A true follower of Jesus would identify  with this philosophy of Eternity  of the soul. Soon, we Australians would honour our war-heroes. This goes towards Equal Opposition to war. Likewise, Sri Lankans who remember the Easter Sunday suffering as if it happened to them, develop prevention of Ethnic wars in Sri Lanka. The best way for the government to contribute is by repealing article 9.  In the meantime, they could declare 21 April day as Christian memorial day. If nothing happens, all non-Buddhists have the duty to boycott Parliamentary elections.

 

http://austms.blogspot.com/

12 April 2024

Gajalakshmi Paramasivam

 

 

KACHATHEEVU PART OF TAMIL EELAM ?

We do not always ‘get’ the outcomes we think we are entitled to.  But as a total package we always feel the results of our contributions to ownership.  I learnt through Sri Lankan PRESCRIPTION ORDINANCE 1872 , the higher value of belief based ownership, relative to money based ownership. Now that Kachatheevu has become an election issue in India, it is important to Tamils of Northern Sri Lanka, due to Fisher-folks in that area. One needs to also take into consideration the citizenship agreements between the  governments which are without belief  and carry the risk of quid pro quos. Mrs Sirimavo Bandaranaike who represented Sri Lanka, in the Kachatheevu agreement was also the leader who introduced the ‘Buddhism foremost’ article in the Sri Lankan constitution in 1972. This obviously was a quid pro quo for Buddhist votes. The lady introduced also the policy of standardization which is presented as follows by Wikipedia:

was a policy implemented by the Sri Lankan government in 1971 to curtail the number of Tamil students selected for certain faculties in the universities. In 1972, the government added a district quota as a parameter within each language. In 1969, the Northern Province, which was largely populated by Tamils and comprised 7%of the population of the country, provided 27.5 percent of the entrants to science-based courses in Sri Lankan universities. By 1974, this was reduced to 7%.  Given the JVP uprisal in 1971, one is entitled to conclude that it was ‘fear-based’.  Desire and Fear are twins, separated by time.

When  Buddhism was made relative, it resulted in loss of sovereignty of  the government and separated the government from the Sri Lankans who believed in Multicultural Sri Lanka, with Separation of Powers, earned through Belief and therefore Sovereignty. Belief entitles one to Sovereign status.

As per the communication from the Hon M Karunanithi, as Chief Minister of Tamil Nadu, the Kachatheevu agreement was signed on 26 June 1974. Two days later, the Srimavo-Gandhi Pact was signed to repatriate 525,000 Hill-country Tamils to India!  Wikipedia reports:

 

‘The Sirima–Gandhi Pact  was an agreement that was signed between Sirimavo Bandaranaike, the Prime Minister of Sri Lanka, and Indira Gandhi, the Prime Minister of India, on 28 June 1974. It was a follow-up agreement of Sirima-Shastri Pact that left 150,000 people of Indian origin in Sri Lanka to future account. Sirima-Shastri Pact agreed to grant Ceylonese citizenship to 300,000 Indian population in Sri Lanka and 525,000 people repatriation to India.

Even if one repatriated Sri Lankan of Indian origin had believed that s/he was Sri Lankan, the return karma would have been exponential.

 

 

Kachatheevu issue is about livelihood of fisherfolks. The fisherfolks of Tamil Nadu and those of Northern Sri Lanka, would have been brought together, by positive, work-based grouping of the caste system.  It is no coincidence that the LTTE leader of Northern Sri Lanka, and the JVP leader of Southern Sri Lanka,were from the same caste of fisherfolks. As per Wikipedia:

‘Patabendi Don Jinadasa Nandasiri Wijeweera was born on 14 July 1943 (Bastille Day), to Patabendi Don Andris Wijeweera and Nasi Nona Wickramakalutota, who lived in Kottegoda, a coastal village situated close to Matara in southern Sri Lanka and mostly belonged to the Karava caste hierarchy.’

The birth on a day connected to the French Revolution is no coincidence. Likewise, the KaravaSinghalese)-Karayar(Tamil)  natural commonness. They were known as Pattanavar in Tamil Nadu.

As per Wikipedia:

 

Governing systems

The Pattanavar possess a strong system of self-governance.

 

The true leader chooses her/his place of rebirth. This could be vertical on time basis or lateral on place basis. In the case of LTTE, the consequences of Sirima–Gandhi Pact  is confirmed to be lateral – as in a team:

 

‘In 1983, the Indian Research and Analysis Wing established training camps Tamil Nadu to train

and arm Tamil insurgents in Sri Lanka. The rebels

found it easy to travel back to Sri Lanka from training

camps and smuggled in their supplies from India via

small crafts cross the Palk Strait. With the Sri Lanka Navy intercepting these crafts, Prabhakaran ordered the formation of maritime wing within the LTTE in 1984 tasked with smuggling personnel and equipment between the LTTE's bases in Tamil Nadu and Sri Lanka, in particular Jaffna. A year later these crafts manned by LTTE cadres now known as Sea Tigers had been evading naval patrol crafts began mounting machine guns with which the began engaging the navy in gun battles at sea’ – Wikipedia.

 

Kachatheevu is a small island with sovereign power of water.

 

 

05 April 2024

Gajalakshmi Paramasivam

 

 

KACHATHEEVU IS COMMON

SOVEREIGN TERRITORY

 

Authority over Kachatheevu is yet again a political issue. As per the Decan Herald article ‘Reviving Katchatheevu is BJP’s desperate attempt to be heard in Tamil Nadu’  introduces the issue as follows:

‘Katchatheevu, a tiny island in the Palk Straits between India and Sri Lanka, hardly 300 acres in extent is suddenly being sought to be made an election issue in Tamil Nadu. The islet was ceded by the Indian government to Sri Lanka in 1974 when the International Maritime Boundary Line (IMBL) was drawn between the two countries. The median line was made to take a turn to accommodate Katchatheevu on the Sri Lankan side of the IMBL. Since then, the matter has been a political issue in Tamil Nadu.’

Through my land case in Colombo, I learnt about belief based ownership, ranking higher than money based ownership. The reason is belief is a Universal power. Hence the requirement of ‘Beyond reasonable doubt test in criminal cases’.  The requirement is belief in the law. To that extent, we are the judges and we are the accused. This comes naturally with  belief.

 

As per adaderana.lk report:

‘ The Bar Association of Sri Lanka (BASL) has expressed deep concern about the recent remarks made by certain Members of Parliament condemning the invocation of Supreme Court’s fundamental rights jurisdiction by a citizen to challenge the issuance of liquor licenses’

The question here is - whether or not the member is a Buddhist or non-Buddhist? If Buddhist article 9 is applicable.

 

The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 and 14(1)(e)

Foremost is relative. Hence the womb of Buddhist fundamental rights is Buddha Sasana.

 

Under fundamental rights the following is facilitated:

14. (1) Every citizen is entitled to –(g) the freedom to engage by himself or in association with others in any lawful occupation, profession, trade, business or enterprise;

To the extent, the bar Association is part of the Judiciary, it has the right to access fundamental rights provisions . But where there are Buddhist members they have to use Buddhist law. One who relates through Buddhism is not entitled to claim protection of Secular law common to all Sri Lankans. If one believes in Sri Lanka , one is Sri Lankan and v.v.

Recently, I entered my Colombo land which is yet to be vacated by the occupier whom we successfully sued, through PRESCRIPTION ORDINANCE 1872. My legal team got upset with me for entering my property!  To my mind, I was exercising my belief in the judgment delivered by the court. I paid my respects to Lord Buddha in front of the property and the gate opened!

 

Kachatheevu belongs to the fisher-folks of Tamil Nadu in common with Sri Lankan fisher-folks who also have been fishing there for generations.  It is their fundamental right. The Indira Gandhi government had no right to ‘handover’ nor did the  Bandaranaike government to takeover, that which is common. When that is not blocked, the seeds of Separatism are sown.

This is confirmed as follows:

 

        ‘This led to fishermen from India being shot and killed as the Sri Lankan Navy was not able to distinguish between them and the cadre of the Liberation Tigers of  Tamil Eelam (LTTE).’

At that level, armies react, because they lack belief and are mercenaries

 

 

20 January 2024

Gajalakshmi Paramasivam

 

SRI LANKANS & RACISM

 

The most interesting mail today is headed:

Wigneswaran points out the root cause of Sri Lanka’s Ethnic Conflict’

My morning’s mail was headed ‘RACIAL DISCRIMINATION’. It was shared with fellow members of our Strata community.

I looked for parallels in statements by Mr Wigneswaran:

 

1.   ‘Wigneswaran points out the root cause of the ethnic conflict in Sri Lanka very clearly. He states that the Tamils of the northern and eastern provinces, unlike the Muslims and plantation Tamils, “have always occupied the area now roughly covered by the Northern and Eastern Provinces. There had been continuous occupation of the North and East throughout history by the Tamil-speaking people……..In fact, their occupation extended up to Negombo in the Western Province and up to Kathirgamam in the South East. The Sinhalese have never occupied the North and East in large numbers except after 1833 when the country was brought under one administration by the British’.

The above confirms use of residence as the criterion to measure ownership. As a law expert, Mr Wigneswaran, would be aware of the requirement of the following to satisfy belief of ownership:

(a)        Identity of corpus

(b)        Plaintiff’s title

(c)        Defendant’s wrongful occupation

(d)        Damages caused to Plaintiff

 

In Leisa and another V. Simon and another [2002] 1 Sri. L.R 148 it was held that an averment of prescription by a plaintiff after pleading paper title is employed to buttress his paper title. As per my knowledge, Mr  Wigneswaran who was part of the Judicial panel confirmed his logic as follows:

 

“A person is in possession of a house for example, when he or his servants or licensees are living in it, if he or they are absent from it, he would still be held to be in possession, if such absence was only temporary. In this case the brother of the 1st plaintiff (1st defendant) could have been in occupation and still the 1st plaintiff would have been in possession simultaneously.”

 

On the same basis, traditional Tamil areas, would, by belief owned by Tamils even if occupied by non-Tamils.

 

As per Hindu philosophy, Once we take the spiritual pathway, we realise that which is invisible:

 

‘கண்டேனவர்திருப் பாதங் கண்டறியாதன கண்டேன்.’  I saw the  Holy Feet/Pathway ; I realised beyond the seen and the known.

 

Belief is invisible. We do not need to prove it, except when disturbed. Kathirgamam for example is owned in Common by Sinhalese as well as Tamil Hindus, as per their own experiences.

 

The political parallel of paper title in Prescriptive right challenges, is majority vote. When Mr Wigneswaran claims belief based rights , he buttresses his election by  majority vote. It is now time to act . Following is an excerpt from my latest book on Preventing Racism through practice of law:

 

‘Punchi Banda Jayasundara is a Sri Lankan economist. He was the former Secretary to the President, Gotabaya Rajapaksa….

 

Jayasundera along with the Rajapakasha brothers and others were found guilty of economic mismanagement between 2019 and 2022, by the Supreme Court of Sri Lanka which stated on 14 November 2023 that the respondents have breached the fundamental rights to equal protection of the law in terms of Article 12(1) of the Constitution in a fundamental rights petition filed by filed by Transparency International Sri Lanka (TISL) and other four activists.’

 

It is now Mr Wigneswaran’s turn to file a fundamental rights case, through belief in his alma mater.

 

13 January 2024

Gajalakshmi Paramasivam

 

 

TAMIL HERITAGE

 

I received news of Gajendrakumar Ponnambalam’s emotional outburst, recently in Sri Lankan Parliament . It was invoked by Justice Minister Dr Wijeyadasa Rajapakshe . The minister ‘found fault’ with  Mr Gajendrakumar Ponnambalam’s grandfather. I responded as follows:

 

 

‘The Minister was acting in breach of fundamentals of Democracy, by referring to the Hon GG Ponnambalam. It was made worse by the fact that this Parliamentary Elder is not physically alive. This was in breach of ‘Of the dead nothing but good is to be said.’

 

As per my research, democracy is a linear system. Hence majority get to form government. It is NOT on merit basis. When majority is taken as ‘Seniority’ it is in breach of the system of Democracy, in which Equal status of the opposition needs to be confirmed at all times.  I recently shared as follows, in this regard:

 

‘In Sri Lankan Tamil community, Political law-makers , who previously enjoyed leadership status were now opposed by armed rebel leaders, who declared that they were the ‘sole representatives’ of Sri Lankan Tamils.

Political leadership  by  elections is through  faith in bottom up system of Democracy. Hence government of the people, by the people, for the people. One who fights for self governance, would at all times, maintain Equal position and not take ‘senior’ position.’

It is highly unlikely that Sri Lankan politicians would change. The only Parliamentarian who expressed Opposition to Racism was Mr Dilan Perera. The Island has reported as follows:

Badulla District SLPP dissident MP Dilan Perera, during the debate, said that ONUR office had been neglected during the time of Gotabaya Rajapaksa’s presidency. “The first chairperson of ONUR was former President Chandrika Kumaratunga. President Rajapaksa was not against reconciliation but was against Chandrika Kumaratunga. So, this office was neglected because he did not like the chairperson. Passing this Bill would show our commitment towards reconciliation. If implemented to the letter, the provisions of this Bill would be able to put an end to the culture of politics and politicians who capitalize on race, language, religion and caste. These differences perpetuated by identity politics still exist; it is that brand of politics that keeps us down as a nation,” Perera said

We, the People have the power to defeat politicians, who are Racists, by developing our own multicultural projects, by using merit basis on Project basis. When merit-based measures are used, subjective measures would become of heritage value. Heritages are sovereign powers that direct their heirs from within. The Hon GG Ponnambalam’s contribution to Sri Lankan Politics is of Heritage value and the speaker had the duty to Discipline the Minister.

 

 

 

FIGHT OR FLIGHT FROM CONFLICT AREAS

 

 On 07 October 2023, I shared my insight as follows:

 

‘I believe in the system of karma and in rebirth, as a consequence of my karma. But, I do not have any right to make laws and policies on the basis of my personal karma to bind my juniors, including my children. As per my search, the current Canadian government includes two members who seem to carry Separatism genes. One is Mr Gary Anandasangaree and the other is Mr. Justin Trudeau’….The  for the full article is in the Appendix

A good proportion of Sri Lankans left the island nation, due  to the war . Some stayed and fought. I had already left in 1982, to earn money in Papua New Guinea, to build a home in Colombo.  Now I feel that that was my destiny.  Now when I go back, I stay in a place similar to Arnhem Land in Australia.

 

Those who left for good, would need to be taken as being in the ‘flight’ group.  One such group is Global Tamil Form(GTF), which declares its vision as :

 ‘ Our founding vision was to promote justice, peace and a permanent political settlement to the Tamil national question through non-violent, democratic means, dialogue and negotiation.’

 

The corpus that GTF is referring to, as per the law is the area in the U.K. where Tamils of Sri Lankan origin live as a community.  It is NOT Tamil areas in Sri Lanka, that they left behind. Now they at the individual level, have the right to go back to their ancestral properties – which include the properties left behind by them and taken care of. They have no jurisdiction over Sri Lankan Tamil areas through Politics.  Sri Lankan electorate is part of Sri Lanka. When that particular becomes Common, the Nation is Sri Lanka. Similarly,  a Global Tamil electorate has the right to participate in Global politics  through belief – as in Prescriptive Rights. Belief based ownership is invisible. It has the power to sustain hardship. This elevates the investment to heritage level. Heritages advise from within. They need no ‘agreement’.

In Hindu Trinity, Shiva is depicted as half male and half female. This is the form of  belief. We give and we receive. When I write, I am conscious of the ‘facts’. The Common reader is invisible within me. That reader is the Energy / Shakthi that continuously reads my work. When we sacrifice projected  benefits from our work, it becomes our Other half. Hence the following dedication in my book:

You Reader, my other half

 

 

I shared this recently with our Prime Minister, as follows

‘The deeper we go into our own belief through any form, including secular law or psychology, the closer we are to merging as One.

As you would know, in  law, there is the Adversarial process and the Inquisitorial process. In Hinduism, they are known as Dvaita system and Advaita  (No Dvaita ) system respectively. In Democracy, the People are taken to be separated from the government. Dvaita means dualism.’

 

The power of Indigenous Australians is our other Half. Our true investment in Autocracy becomes invisible when we change to Democracy and v.v. This is why Monarchs become less visible in a Democratic Nation.

Likewise, the more philosophical we become, the more enjoyable the Advaita  (No Dvaita/No Dualism )  pathway would be. In my work with juniors enjoying Equal status of Democracy, I use Dvaita/Dualism pathway.

 

 

Currently, GTF’s  Himalayan Declaration Nagarkot, Nepal - 27th April 2023, is very visible  in Sri Lankan news. It includes the following:

 

‘Statement3

Arriving at a new constitution that guarantees individual and collective rights and promotes equality and equal citizenship among all peoples, ensures accountable institutions and guarantees adequate devolution of powers to the provinces, and until such time focus on the faithful implementation of provisions of sharing of powers in the existing constitution.’

 

Given that every Constitution is required to be a self declaration of belief, GTF’s above declaration if belief-based confirms all the deficiencies in the particular part/electorate  of Global Tamil Community and not in Sri Lankan Nation.

This interference would have been ‘prevented’ if the Community /Electorate that GTF represents, had taken rebirth and heard the Voice of its own invisible  soul/ female half.

 

 

 

 

APPENDIX

 

07 October 2023

Gajalakshmi Paramasivam

 

IS SEPARATISM GENETIC?

 

 

I believe in the system of karma and in rebirth, as a consequence of my karma. But, I do not have any right to make laws and policies on the basis of my personal karma to bind my juniors, including my children. As per my search, the current Canadian government includes two members who seem to carry Separatism genes. One is Mr Gary Anandasangaree and the other is Mr. Justin Trudeau.

 

There is everything right about separatism, provided one operates within that smaller circle only. On 21 March 2023, Mr Gary Anandasangaree is reported to have discussed Sri Lanka’s IMF package with Tamils:

 

On Parliament Hill, Liberal MP Gary Anandasangaree discusses the International Monetary Fund’s bailout program for Sri Lanka to help bolster the country’s struggling economy. He is joined by Ahrabi Rajkumar (advocacy lead for People for Equality and Relief in Sri Lanka), Madura Rasaratnam (associate professor of comparative politics at City, University of London), and Sri Thanabalasingam (an economist). – Youtube presentation dated 21 March 2023

 

Mr Gary Anandasangaree refers to Sri Lanka as the ‘rogue-state’ and expresses his expectation of political solution towards self-determination by of the people in  the North & East and independent economic trajectory by themselves.

 

To my mind, this is interference with the sovereignty of Sri Lanka. Mr Gary Anandasangaree was in the party that declared belief in Tamil Nation within Sri Lanka, through Vaddukoddai Resolution 1976

 

When given form outside Sri Lanka, it is in breach of the laws of sovereignty. Otherwise the issue ought to have been taken through official global structures.

 

Canada’s own separatism issue is presented by Wikipedia as follows:

 

‘Alberta separatism comprises a series of 20th- and 21st-century movements (both historic and current) advocating the secession of the province of Alberta from Canada, either by joining the United States, forming an independent nation or by creating a new union with one or more of Canada's western provinces.

Alberta was established as a province on September 1, 1905. Alberta separatism comes from the belief that many Albertans hold that they are culturally and economically distinct from the rest of Canada, particularly Central Canada and Eastern Canada, because of economic imbalances whereby Alberta is a net over-contributor to the system of equalization payments in Canada.

1970s: beginnings of modern separatist ideals

The modern ideal for a separate Alberta nation began in the 1970s, as a response to Prime Minister Pierre Trudeau’s pursuit of bilingualism and Multiculturalism in Canada, and the National Energy Program. These programs were seen by many Albertans as an attack on oil resources; the promotion of Liberal "anti-Albertan" values were viewed as a negative influence by many Albertans.

 

Support for Albertan separatism has increased significantly with the Canadian federal election victory of Justin Trudeau’s Liberal Party on October 19, 2015. Trudeau, the son of Pierre Trudeau , became prime minister with a majority government, and re-inspired the Alberta separatist movement. 

 

The diplomatic conflict between Canada & India is centred around separatism. It is not surprising that Mr Justin Trudeau teamed up with  Sikh separatists. But like Gary he also changed the corpus. Gary shrunk his to Tamil Eelam which has no official body and Trudeau’s is Alberta. The two may eventually merge, but unless they have official position of Opposition in Canadian parliament they would cause structural damage to any democratic parliament they are part of.