Wednesday, 28 October 2020

 

Gajalakshmi Paramasivam


28 October  2020

 

 

 

China & the 6th Amendment

There are many pathways through which we achieve a target. The effects may look the same but level of the pathway we follow determines the depth and / or the width covered by our work. A Tamil lawyer-politician recently stated that his party’s goal was the same as that of the LTTE’s  but that the pathways were different. That would then make them each other’s opposition in democracy. The family example is that we could have agreed to ignore Thesawalamai principles and divided brother’s intestate estate equally – as per the legal application made by sisters of the Deceased. The Northern Sri Lankan Courts ruled on Common law basis to distribute equally – as if Thesawalamai did not apply. The political version of this is that Sri Lanka is a Unitary State. The above politician’s electorate is Vaddukoddai which is the same as that of the family concerned. So far there has been no discussion on the validity of this judgment  delivered in Northern Province. We did not appeal to the Supreme court. Instead, I wrote the book – ‘Jaffna is my heritage and not dowry.’ That escalation happened because of our side’s truth and genuine commitment to the path of law as interpreted by us and as ‘told’ by the courts.

That book is about how I had the judicial experience in Northern Province whose then Chief Minister Mr CV Wigneswaran was kept informed of our experience. By choosing to remain silent Mr Wigneswaran and the above mentioned lawyer-politician have confirmed the lack of commitment to democracy. During a recent survey by the media, an American lady said that her vote was for Trump because of the positive experiences she had under Trump’s presidency. That is also the way I would vote – not just in elections but on continuous basis – which empowers or blocks the leader through the system of truth. The most powerful of all is the vote of Belief. 

When we vote on the basis of belief – we actually vote for ourselves. The system of Truth carries it to the top to deliver to us in one form or the other. Where a judicial system is seriously damaged by falsity, this passage is hindered and hence truth takes alternate routes including media and publishing. It never fails to reach its destination which is the group bound by belief/sovereignty.

In our case the destination was our diversity in Northern Sri Lanka where majority practice Thesawalamai law – largely in terms of marriage and inheritance. To the extent I was true to this law, those Ancestral minds guided me and I mind-merged with the practitioners who had the need. In turn – the value of our Brother who passed away – was escalated to the higher judicial level that we as a family were capable of raising it to. This then becomes an actual governance structure for that whole of Northern Province. This happens with everyone who is the provider as well as the beneficiary. That is the true service to the Public.

In our family matter the visible effects – monetary wealth - were the same as if we had consented to equal distribution. But the pathway was different. We took the adversarial position which upheld the Vaddukoddai Resolution of entitlement to Separation of Powers which is different to ‘separate state’.

Recently, a Tamil Diaspora professional forwarded a video clip regarding the separation of powers between male and female Thookanang Kuruvi / Baya Weaver. The clip was sent to explain the common reason for ‘divorce’. The presenter emphasises the nature of male and female Kuruvis being different and how they do not interfere in each other’s activities and live in harmony. The presenter states that one is not equal to the other. I identify with this because logically, to be equal the measure / law needs to be common. When the functions are not common, the laws cannot be common. They are differently abled and are taken as equal so one  does not take the other as junior.

Thesawalamai law thus separates daughters and sons as two different groups. Daughters inherit from mothers and sons from fathers. The inheritance includes the skills. In most families known to me – women are primarily home makers even when they go out and work. Yet, the Jaffna Judiciary – all males – who probably did not like my show of independence, upheld common law outcome as claimed by the apparently submissive female opposition who spoke  only as per their male lawyer’s coaching.

To truly claim independent nation Northern Tamils have to confirm strong commitment to Thesawalamai law. To claim a long history of Tamils living in Sri Lanka is the parallel of Separate State as structured by militants. Both are physical realities. One who practiced gender based diversity would naturally appreciate nationhood on the basis of diverse culture.

The military would tend to interpret Separation of Powers as Separate State. The intellectual would read it as self-governance claim. The 6th Amendment to the Sri Lankan constitution was introduced in 1983 to defeat armed militancy which interpreted the Vaddukoddai Resolution 1976 as creation of Separate State. The declaration happened through the democratic pathway. But the interpretation by the militants was autocratic as per their pathway.

To the extent separation is shown / claimed without majority folks being self-governing, we are cheating ourselves and facilitating elected leaders to practice autocracy. The result is division by the parallels of the mother in King Solomon’s legend ready to accept  half the body of the child. Those who are truly nationalistic through any pathway would rather see the child alive as another’s baby than have half the dead baby.

The Hindu order of respect for elders – is in the order of Mother, Father, Guru & God. Mother is the most visible and God is not visible. The parallel in government is Local Government, Provincial (State in Australia) Government,  National / Federal and Global. Global Governance that is shown and seen is the parallel of State that is seen which brought about the 6th Amendment to the Sri Lankan Constitution. Now that China is being shown and seen more and more as part of  Sri Lankan government – one is entitled to conclude that Democratic Sri Lankans have reversed the karma of the 6th Amendment on the Sri Lankan government itself.

Tuesday, 27 October 2020

 

Gajalakshmi Paramasivam

27 October  2020

 

 

 

Easter Sunday Bombings & the Catholic Leadership

Article 9 of the Sri Lankan Constitution requires 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)]

 

Articles 10 & 14 are in the Fundamental Rights section of the Constitution. This means that the President could be sued for breaching the provisions covered by these two articles which state as follows:

 

[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.

 

14. (1) Every citizen is entitled to –

(e) the freedom, either by himself or in association with others, and either in public or in private, to manifest his religion or belief in worship, observance, practice and teaching;]

 

As per the Ceylon Today article headed ‘Sirisena and Jayawardena conversed via phone’:

[According to telephone data reports, a 159-second telephone conversation had taken place between former President Maithripala Sirisena and then Director of the State Intelligence Service (SIS), Senior DIG Nilantha Jayawardena at 7:59 a.m. on 21 April 2019, before the Easter Sunday bombings.

Also, another telephone conversation had taken place between the two on 20 April 2019 at 6:16 p.m. In addition, there had been about 20 telephone conversations between Sirisena and Jayawardena from 4 to 21 April 2019, after the foreign intelligence information that a group including the Leader of the National Thowheed Jama’ath (NTJ), Zaharan Hashim could launch a terrorist attack, being received by the SIS.]

These confirm serious breaches of fundamental responsibilities placed by the Constitution on the Government and in terms of security on President Sirisena who was then the Defence Minister. The Constitution is the Consolidated Mind of Parliament’s elders.

As per the above report:

the above “ was revealed when the former President testified before the Presidential Commission of Inquiry into the Easter Sunday bombings on 24 October. President’s Counsel Shamil Perera, appearing for the Archbishop of Colombo, Malcolm Cardinal Ranjith, cross-examined the witness.”

The question that comes to my mind is as to why Archbishop Malcolm Ranjith did not initiate a fundamental rights action against the president for failing to take measures to develop a system that would protect and  provide enough security through the armed forces to non-Buddhists? One who is in deep pain would have taken action irrespective of whether s/he was likely to win or lose. I did and hence my conclusion.

On 23 May 2019 – just a couple of days over a month after the Easter Bombings The Hindu reported as follows, under the heading ‘Sirisena pardons firebrand Buddhist monk’

[The Buddhist priest, who leads the reactionary group Bodu Bala Sena (Buddhist Power Force or BBS), was serving prison term following conviction for contempt of court. Widely known for his hate-speech against Muslims, he has in the past also been accused of inciting anti-Muslim violence – a troubling post-war trend in the island.]

Why did the Catholic clergy not use the adversarial system and oppose the President by filing fundamental rights action in relation to Easter Bombing negligence?

As they say – there is more than one way to can skin a cat. The evidence that is surfacing through the inquiry would be useful in politics – as we learnt here in Australia. As per my understanding whether it was the inquiry into the conduct of our NSW Premier or that of the former President of Sri Lanka – they are political trials. When led by the People as happened in the case of the Chicago Seven who were arrested during protest against America’s role in Vietnam war, they become People’s power. The above were found guilty by the Judiciary but won the hearts and minds of the People whose children were recruited to fight as per government’s mandate. Not different to the plight of both Tamils and Sinhalese combatants in the Sri Lankan war. Former was fighting to promote Indian influence and the latter to promote the  anti-Indian Sri Lankan government.

The weaker our common belief, the stronger the need for intellectual bridge between communities of  diverse culture. Mr Sirisena lacked both in the case of non-Buddhists. In terms of Sinhala Catholics, he had some connection through language. In terms of Muslims it was so wide as to cause separatism. This was confirmed by the above mentioned pardoning. At least now, Sri Lankan Catholic leaders need to take action against the former president who failed in his duty as Defence Minister. Failure to do so would weaken Sri Lankan Catholics further.  When action is taken on the basis of belief – it naturally promotes separation of powers and therefore invokes natural powers accordingly – confirming that Sri Lanka is not a unitary state.

 

Monday, 26 October 2020

 

Gajalakshmi Paramasivam

26 October  2020

 


 

Nationalism & Armed Rebellion

I was happy to observe the orderly conduct of little kids at our family temple in Thunaivi, Sri Lanka, last night – the big night of Saraswathi poojah.  We participated online, from Sydney Australia. In 2003 when I undertook the service, there was no electricity or running water in Thunaivi – but there was, across the road at Sangarathai – a higher caste area. I believe that when we include ourselves as part of a community, we would feel the community’s needs as ours. That is of absolute value. The greatest challenge in Thunaivi, was the difference in culture due to caste based separatism. The reality on that basis was that the rules and laws that I was used to when I grew up in Jaffna would not work in Thunaivi. As temple owner, I was accepted as senior in Thunaivi – except by those who had thoughts of takeover which was confirmed by sabotage when I laid down rules as per the highest practitioner of order, in that area, who mind merged with me for that issue. My Tamil book ‘Jaffna is my heritage and not dowry’ was written in a language they would understand. It is also about Thesawalamai law which many folks in that area do relate to from various angles.

When I therefore opened this morning, the email from Yoga Joseph of Canada, forwarding to me  - an Australian Tamil – an email from a fellow Australian – Victor Rajakulendran, with the following message, it did not seem orderly to me:

[From: Victor Rajakulendran 

To:  Yoga Joseph Canada

Sent: Saturday, October 24, 2020, 04:18:16 a.m. EDT

Subject: My Article on "Self Determination of Tamils"

 

Dear All 

Part I of my article I wrote to the Australian Monthly Tamil Journal “Thesathin Kural” on their invitation. Your comments are appreciated. 

Part II will be sent separately. 

With Regards

Victor 

Dr. Victor Rajakulendran

Sydney Australia]

 

Obviously, the Tamil Nation that Victor has in mind, is different to the ‘Tamil Nation’ I have in mind. Victor is in my media email list and yet he chose not to directly share his work with me. THAT is unjust discrimination based on official status as per a particular group’s culture. In this instance, it is militant culture and is the parallel of Thunaivi culture. Victor knows about the angles I come from and yet failed to ‘include’ me which also means failure to include Thunaivi group at least as opposition. In democracy, which uses the adversarial system – the form of government is not complete without equal opposition. Hence I conclude that Victor is practicing autocracy which fits well with the producers of Thesathin Kural / Voice of the Nation.

 

Not one of the folks in Thunaivi would relate to Victor’s article even though it is in Tamil. At the moment Victor is not carrying their need as his need.  But the militant leadership used Thunaivi folks to show that we were clever in armed fighting. Victor’s article does not include the needs of Thunaivi folks who like Thileepan’s family lost many of their sons to the attraction shown by militants.

The banner above in that magazine poses the question ‘How did the youth who were faithfully handed over to your Army get lost?’ The above question is true if:

(i)             The question was being asked by Sri Lankans to whom the Sri Lankan government was their senior  or

(ii)           The question as per its substance is actually being asked of the Armed Militant Leaders by those to whom Tamil nation was independent of the Sri Lankan government.

 

As per my knowledge Tamil youth were not handed over to Sri Lankan Army by Tamils. Hence the question is being raised against the Armed Militants headed by the LTTE! That is how truth manifests itself through the needy who often do not have a voice. If this magazine is a true voice of Tamil families who did not fight against armed leadership out of fear – the question is being asked of Armed Tamil Leadership that promised Tamil Nation.

 

Victor’s article "Self Determination of Tamils" is filled with material from around the globe. Most young Australian Tamils known to me will have great difficulty relating to it. Given that the article is being written by an Australian for an Australian Tamil magazine – it needs to address the needs of Australian Tamils to preserve our  war time experience as a heritage and to structure our current investments in Sri Lankan Tamil community on the basis of our post war experience in Sri Lanka merged with Australian values largely through Australian governance structures. Such self-determination needs to begin with the Australian Tamils being given priority over other Tamils including those currently in Sri Lanka. The form would be different. One cannot live the life of another.

 

If the purpose is to oppose the Sri Lankan government – then we are confirming a Federal structure. The nation under Federal structure is Sri Lanka. We cannot have both structures in the one community at the same time. The confusion that Victor has promoted is dual citizenship conflict which has been prevented by Australian Constitution.  When Victor becomes true Australian – he would respect that and inherit that wisdom of Commonwealth.

 

Talking about Commonwealth wisdom, the UK Judiciary facilitated the lifting of proscription on the LTTE at the same time the pro-China government of Sri Lanka was brought back to power by majority race. We needed the geographic separation for both to be true at the same time. That is how the British continue to contribute to balancing the un-reconcilable differences – through natural pathways as if they were messengers of god.

 

If Australian Tamils are seeking to be cleared of association with war-crimes committed by the Armed militants – we need such a distance from armed militancy – now that we are living in a nation where Australian Tamils as a community do not find fault with the Australian government on the basis of racism and wage armed war if they do. As a member of the Australian Tamil community, I promised Australia, to follow the lawful path even after I was failed again and again by the Australian judiciary. That to me is the model that  confirms self-determination as per our truth and truth alone.

 

 

 

Sunday, 25 October 2020

 

Gajalakshmi Paramasivam


25 October  2020

 

 


Hindu Nationalism or Tamil Nationalism?

Today we Hindus celebrate Mother Saraswathi – goddess of Education. I inherited belief in that philosophy from my mother who grew up in Burma and therefore was strongly influenced by Indian Hindu culture. My father grew up in Northern Sri Lanka and was influenced by Jaffna Tamil culture. Between the two cultures - Indian culture celebrated Saraswathi poojah more elaborately than Jaffna  culture. We as a family became multicultural and merged both cultures at home. The picture above confirms that merger through marriage of my father’s sister to my mother’s uncle from Burma. To the extent I invoke through my belief, I feel their Energy. In our office in Vaddukoddai where we have this picture, it is my belief that I invoke the combined power which is regional family power. At the temple in Thunaivi-Sangarathai – I believe I invoke traditional local power as per my father’s side.

These passages are important in developing structures through which the folks of an area would mind-merge.

Today, I was directed to Capital TV’s interview with Mr Sugash Kanagaratnam – a lawyer politician whose office is on the way to  our office from our temple. https://www.youtube.com/watch?v=izWAuew5Xag&feature=youtu.be . Politically speaking we could say that the temple is in the area where majority support Mr Douglas Devananda who is a coalition partner of  Mr Mahinda Rajapaksa and our office is in Vaddukoddai which in TNA area and carries the spirit of the Hon Appapillai Amithalingam – under whose leadership Vaddukoddai Resolution happened and led Tamils to political victory in the 1977 elections. Mr Sugash Kanagaratnam confesses to inheriting the mandate of the LTTE which killed the Hon Appapillai Amithalingam and downgraded Nationalism as declared through Vaddukoddai Resolution to Separatism promoted through armed power. That is to aim Vaddukoddai to become like Thunaivi – in which area I have never seen Mr Sugash Kanagaratnam and to which area the ‘family’ of Mr Sugash Kanagaratnam mentioned below never came even to participate in the opening of the Development Secretariat on our temple land donated to the public.

I met Mr Sugash Kanagaratnam when we needed a lawyer when the High Court of Jaffna while accepting my appeal application in the testamentary matter required me to restructure it to suit the local practices. I asked a friend - Mr Sam Hensman and he  recommended Mr Sugash Kanagaratnam. As is my way, I took my turn in the long queue  to see Mr Sugash Kanagaratnam in his office. He was quite courteous and receptive but excused himself on the basis that he was related to our opposition. That opposition was made up by my husband’s sister and brother in law. The Sinhalese parallel of that would be the claim of Mr Mahinda Rajapaksa excusing himself because the  opposition is his wife’s relative in parliament. Mr Sugash Kanagaratnam recommended Mr Visvalingam Manivannan whose focus was strongly diluted by his political distraction, especially during the time Miss Vithiya Sivaloganathan’s rape and murder case was being heard in the Jaffna Courts. I believe that we lost the appeal due to lack of mind merger between client and lawyer which in turn connects to the judge. Mr Yogendara - the other side lawyer from Colombo was not so distracted and prepared his submissions in a way that was easy for the judge to copy. As per my discovery – this is the sorry state of affairs of  Jaffna judiciary – which in spirit includes the mind of Mr Wigneswaran who is an extreme example of the breach of the Doctrine of Separation of Powers between the Government and the Judiciary followed by religion and politics. He effectively copied Buddhist leaders.

Our NSW Parliament presents the root of this doctrine as follows:

[In his Second Treatise of Civil Government, English philosopher John Locke (1632-1704) noted the temptations to corruption that exist where “... the same persons who have the powers of making laws to have also in their hands the power to execute them ”]

Today when I watched the above program presented by Capital TV I felt the alienation by Vaddukoddai Tamil lawyer from this policy. It is that much more important that groups that claim two nations one country appreciate this Doctrine as if it is part of their very being. Mr Sugash Kanagaratnam who claimed that they were developing pan-nationalism needs to appreciate that Tamils within the Diaspora who practice democracy and therefore the Separation of powers between diverse cultures, would lead this development of pan-nationalism. If the local politicians who did not appreciate the value of the Doctrine of Separation of Powers led the development – we would end up with separatism. The Capital TV’s ‘The Politician’ program’s presenter was clever and brought out this truth about Mr Sugash Kanagaratnam through this program. One of the questions he asked was about the genuineness of the oath taken as a lawyer – which includes acceptance of punishment to any  claim of separate state (6th Amendment to the constitution) – by a politician who claims that the goal of LTTE separate country and that of his party were the same. One who is committed to pan-nationalism would have transcended separatism.  The program confirmed to me that which I already knew through my direct experience with Mr Sugash Kanagaratnam who has become bi-polar between lawyer and politician but without the separating space needed to be true to each profession independent of the other. This is an essential criterion to determine pan-nationalism.      

Mr Kaviyalagan another young Tamil journalist in the Tamil Diaspora clarified that the Navarathri function at the centre of my yesterday’s article was actually conducted at Mr Mahinda Rajapaksa’s home (https://www.youtube.com/watch?v=VGAceouSs4M ) and not at the temple as claimed by Yoga Joseph who forwarded it to me under the title ‘MAHINDA RAJAPAKSA AT NAVARATHIRI PRAYERS IN TEMPLE’. But Kaviyalagan made false presentation that the head of Siva Senai Mr Sachchithananthan was Indian. I met Mr Sachchithananthan through my articles and later in person when he introduced himself to me at the Jetwing Jaffna foyer. We have common interests in Hinduism including through Thiruketheeswaram temple.  Maravanpulavu is in Northern Sri Lanka and yet Kaviyalagan failed to focus on the facts but distorted them towards his presentation about Indian influence in Sri Lanka. Wikipedia confirms the following about Mr Sachchithananthan:

 [Siva Senai is a political group in Sri Lanka formed to protect the interests of Sri Lankan Tamil Hindus formed in October 2016. Maravanpulavu Sachchithananthan, a former United Nations official is the founder of the group, which has received encouragement from the Indian political party Shiv Sena.[2] Siva Senai spearheaded an initiative in December 2017 to allow Sri Lankan pilgrims to visit Chidambaram in Tamil NaduIndia. The group has also actively advocated against cattle slaughter in Sri Lanka.

In 2018, supporters of Siva Senai held protest in Jaffna against cattle slaughter]

 

If Mr Sachchithananthan is classified as Indian – then so should be LTTE leader Prabhakaran who accepted Tamil Nadu leadership and its funds. There are many such politicians in Northern Sri Lanka. They must all be classified as Indians.

 

Kaviyalagan goes on to present the picture that India is influencing the formation of Hindu nationalism as opposed to Tamil nationalism and indicates that as the reason why Mr Rajapaksa and other Buddhist politicians visit Hindu temples. Kaviyalagan claims it as a political strategy. Each one is entitled to form her/his picture and so long as it is based on belief it qualifies  to be presented to public without going through checks and balances. Hence Universal Franchise of democratic vote as opposed to ‘appointments’ which need to go through ‘checks and balances’ as per stated criteria. To present what happened as a fact beyond one’s belief,  one needs the checks and balances that satisfies the intellect. This is the reason why the Separation of Powers between the Judiciary and the Elected government is required. The latter is entitled to express to its electorate on the basis of belief. The Judiciary needs to believe in the law but apply the checks and balances to ensure that ‘facts’ presented are true and relevant. Likewise, the local Tamil population in Sri Lanka is entitled to express as per its belief when sharing locally. When the audience is global, it needs checks and balances to the extent of the diversity in cultures.

When we mind merge through Hindu belief – that alienates non-Hindus. The Jaffna culture that I grew up in and supported me in my global experiences is very much multi-religious. The founding education that Mr Sugash Kanagaratnam received is from Jaffna College which was established and resourced largely by Christians. Multi-religious structures are part of Jaffna fabric and it would be wrong to promote Hindu-nationalism as highlighted by Kaviyalagan. We have fought on the basis of Common Tamil culture – which includes multi-religious fabric. It has facilitated us to integrate with other cultures – especially Christian cultures in our new nations. If that is also the basis of merger with Sinhalese – I welcome that as a true Sri Lankan.

 

 

 

Saturday, 24 October 2020

 

Gajalakshmi Paramasivam

24 October  2020

 

 

Ceylon Senate Reviving Itself?

When reading the Sri Lankan Supreme Court’s reasoning in relation to the 20th Amendment bill the thought of Senate kept coming to my mind. It came first when I was analysing the 2020 Election results for Jaffna district. As mentioned previously, the likes of Mr CV Wigneswaran and Mr Gajendrakumar Ponnambalam were elected through preferences as if they were senators. In the case of the Judiciary – those who inherited the British structure continue to be Senators. We did have a Senate until 1971 September. The challenge to the 20th Amendment has taken place during the anniversary of the dissolution of the Senate.

More to the point is the fact that I received an email from Tamil Diaspora media at that point with a video clip of Mr Mahinda Rajapaksa with his family in a Hindu temple. The email was headed ‘ MAHINDA RAJAPAKSA AT NAVARATHIRI PRAYERS IN TEMPLE’

We have been facilitating Navarathri (nine nights) at our family temple in Sangarathai-Thunaivi in Vaddukoddai district. This is an addition during my generation. I believe that a place of worship is a common area through which we share belief and therefore heritage values. The folks of Thunaivi who separated themselves on caste basis – lost the connection to the more educated mind in Vaddukoddai. If power had been gradually devolved from the Farmer caste to the less educated junior castes who were respectful of the higher thinking minds, we would not have separated from national government. Once we separate we have already confirmed stagnation at that point and this means loss of opportunity to devolve.

Wikipedia presents the following proposal of 2010:

[Recently there have been consideration into the reintroduction of a senate into the Parliament of Sri Lanka. The United People's Freedom Alliance Government, led by Mahinda Rajapaksa, is exploring possibilities to change the existing parliamentary system significantly. The government proposes that the new Senate will have around 45% of the members from the Parliament and the remaining 55% to be appointed by the president, taking the recommendations of the religious leaders and other distinguished personalities of the civil society. Therefore, the proposed Senate will have a total of 65 members, 28 Sinhalese and the rest, 37, would be appointed from minority communities, professionals and other intellectuals]

This did not eventuate. But at political level, Mr Mahinda Rajapaksa did include Muslims and Tamils in his side during and after the 2020 elections. In terms of Senate 65% of those who petitioned against the 20th Amendment bill in Courts were Sinhalese. The rest were minorities and professionals. Ideally we need at least 50% of participants to have alternate forms of belief at policy level. Otherwise, Sri Lanka’s intellectual development would either be of use to foreigners or would be stunted at political levels – as has happened within the Tamil Community which ought to have demonstrated greater participation from non-TNA politicians and more independent professionals from Northern Province.

The lesson I have learnt about the system of Natural Justice is that when we believe, we would take every opportunity to participate and add our energies to others who are genuine participants. Then we will always be successful in achieving our goal – including through the future generations.   When our current work is of service value, it becomes heritage. Descendants of educated minorities have the greater responsibility to ensure intellectual leadership in Public life. The rest will happen through the system of Universal Franchise. By genuinely participating in the Hindu festival of Navarathri during which we celebrate the goddess of Education, Mother Saraswathi- Mr Mahinda Rajapaksa has confirmed that he is also an heir of Hindu culture. As a believing Hindu, I bless him.

Friday, 23 October 2020

 

Gajalakshmi Paramasivam

23 October  2020

 

 

Prescriptive Rights and the written law

When preparing for my Colombo land matter I learnt about Prescriptive rights. When thinking about the 20th Amendment to the Sri Lankan Constitution this helped me better appreciate the value of ‘alternate forms of belief.’ To my mind, majority Sri Lankans do not understand the written law in the language of the law expert. The few who do participate intellectually improve and/or maintain their intellectual structures.

During the 2020 elections I raised the question of Preferential voting and the system of proportional allocation. I was happy to note that this was an example used by the Hon Judges of the Supreme Court in addressing the question of whether or not the People’s sovereignty is affected, in relation to the 20th Amendment:

 


I read through both Amendments but found it difficult to construct an intellectual  picture. In essence for my purposes I felt that the above clarified  that there were no preferential votes but only proportional representation. It was therefore inappropriate to compare the votes within a party with that of a candidate of another party. It is misleading to refer to it as preferential voting system which as confirmed above was repealed by the 17th Amendment.

I realised also that most educated Sri Lankans did not understand this system. This includes the media that published the outcomes as if it were preferential voting system. The strongest manifestation of this happened in Jaffna District. We therefore rely more on belief based connection than calculated base. The deeper we believe, the more we connect at root level.

I believe that my respect for the judges which was also earned by them helped me work out the modus operandi of the guy who claimed prescriptive rights to the property I purchased through the written rules of law.  Below is an extract from my latest contribution:

[The Hon Judges of the Court of Appeal have revealed facts based construction of the core purpose of the case 5218/ZL was to evict Periyasamy who was then the occupier. The reasoning by the CA judges is confirmed as follows: “This case went ex-parte against both of them and Piyadasa had used this ex-parte Judgment to confirm his Prescriptive title for the next transaction.” That next transaction is confirmed to be the entry dated 04 July 1991 in the Land Registry This entry overrides the previous entry made on 27 May 1988 based on the basis of the Declaration dated 04 May 1988. This is followed by entry dated 22 March 1992 on the basis of ‘sale’ to the 2nd Defendant on 12 March 1992. ]

 

The 1st entry on 27 May 1988 was the parallel of the first past the post vote. The second one on 04 July 1991 is the parallel of Proportional representation through a system devised by  intellectuals.

Since I believed and presented my facts through that belief – I learnt that the judges knew about the modus operandi of such persons who did not own through belief but occupied through force. The judges presented this as follows:

[It was held in Sirajudeen Vs Abbas 1994 (2) SLR 365, that in a Rei Vindicatio action, the burden of proof rests fairly and squarely on the person, if he is claiming prescription and has to be proved with specific facts and not mere statements. A facile story of walking into abandoned premises after the Japanese air raid constitutes material far too slender to found a claim based on prescriptive title.]

 

As per Wikipedia:

[Rei vindicatio is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may be used only when plaintiff owns the thing, and the defendant is somehow impeding the plaintiff's possession of the thing. The term originated in ancient Rome]

The above parallel is closest to the election system that I can think of. Every vote that is purely belief based spreads itself exponentially. Those based on intellectual logic would be limited to the conscious connection between minds. Under the First past the post system, the voter would have known the strength of her/his vote through the direct outcome. Not any more. But whether we know it or not – when the vote is on the basis of belief and without any calculations we get to govern through democracy – in all areas where we are bound to each other through belief. This might be a local village, family or just us. The more we move away from belief – the more written laws we need.

Idle laws often promote separation. Someone in the village of Thunaivi was reported to have run away with her choice after marriage was arranged by the parents. This is because of lack of devolution of power by the parents to the children as the children were becoming ready for marriage. Marriage laws in that part of Sri Lanka are largely idle. Likewise, Buddhism foremost article in the Constitution which played no part in the intellectual debate regarding 20th Amendment . It would naturally promote separation due lack of common belief.

Wednesday, 21 October 2020

 

Gajalakshmi Paramasivam

21 October  2020

 

 

Separation of Powers between Religions

As per my learning, philosophy could be Scientific, Ethical or Divine. Likewise, the written law. In civilised structures the gap between Science and Divinity is narrow. Our true belief is our divinity. Ethics is a combination of the two. Where the gap is wide, one needs firm separation of powers. Hence the Doctrine of Separation of powers between the Judiciary and the Executive which also contribute to law making. In Sri Lanka, due to Article 9 of the constitution,  this Separation Powers is mandatory between religions.

Yesterday, in response to my article ‘Universal Franchise is the People a close member of my family bound by many generations of commonness forwarded to me a clip of a discussion between attorney at law Ms Lihini Fernando and Mr Shameer Rasooldeen of News 1st, on the proposed 20th Amendment to the Sri Lankan Constitution. In many ways Ms Fernando was voicing my thoughts in terms of there being no need for the 20th Amendment because the government had overwhelming majority. However, the basis of our thoughts are different. As Attorney at law, Ms Fernando had the responsibility to scientifically balance her expressions. As a lay person driven by Belief, mine is clean of unpractised science of law. Where our expressions are more common than being diverse, we do not need separation of powers. Where there is less commonness area – we do need separation of powers. Likewise in the case of the current Sri Lankan government and the Judiciary.

As per AP news headed ‘Sri Lanka court: Constitutional amendment needs referendum’:

[The Supreme Court’s ruling, announced Tuesday by the parliamentary speaker, said that proposed sections that relieve the president from being responsible to Parliament and give him immunity from lawsuits and the power to dissolve Parliament a year after parliamentary elections are against public sovereignty.

The court said that a referendum would be required if the sections are not appropriately changed.]

 

I have been claiming that anyone who is entitled to use governing power is immune from lawsuits. The 19th Amendment to the Constitution recognized this through facilitating Fundamental Rights legal actions against the President.  The reason for my claim  is that Belief is absolute power. Absolute power is self-balancing and like the Coronavirus is exponential in its spread. Hence the saying by Lord Acton, Dr of Laws, ‘Power tends to corrupt, and absolute power corrupts absolutely’. Coronavirus whose spread is exponential, is a current example of this.

 

Belief could be positive or negative. If it is negative to majority in a country that claims to be sovereign, there needs to be visible separation between the positives and negatives so they would be active as the two poles. In a democracy Sovereignty of the whole is determined by the sovereignty of the smallest independent group. The adversarial system is based on this. Hence Equal status to leading Opposition in Parliament.  In terms of this government, religious minorities who strongly believe in their own religions are negatives and v.v. The positive value of this is the diversity that it carries. With it comes the  responsibility to have separate articles that are applicable to non-Buddhists – as covered in Article 9 which includes responsibility to assure rights under Articles 10 and 14(1)(e).

 

Where one believes in common the autocratic system is the easier structure to work. When the foundation of this system is our ancestors, the structure tends to be tall. When we embrace democracy – this height becomes the lateral distance that our belief reaches. Hence a religious structure that grows naturally tall through belief and binds its senior-most person to its junior-most person, will convert itself to include the most distant culture in a democratic structure. This could be secular culture in Buddhist Sri Lankan government.

 

By taking the advice of the Supreme Court, this government confirms that its proposed Amendments are not belief based. In contrast this government did not seek the advice of the Judiciary in the case of Prevention of Terrorism Act before declaring as follows through its Cabinet Spokesman:

 

[“The PTA is back in the statute book, empowering the police and armed forces to face any threat posed to national security from any quarter.”]

 

If this government believed in PTA – it is understandable due to Mr Gotabaya Rajapaksa – a Defence expert being part of that group over a long period. But that law was made by the UNP government which is known to be more democratic than the current government. Given that ethnic minorities by belief would consider this to be negative, the PTA required the scientific advice of the Judiciary much more than the 20th Amendment did.

The ‘Buddhism foremost’ article in the Constitution confirms Constitutional separation of powers based on religion. Any amendment to the Constitution therefore has to have the separate approval of political groups that represent minority non-Buddhist groups in national Parliament. They are the natural opposition that confirm natural democracy in parliament. If these groups oppose such amendments – they need to present their Equal Alternatives to the proposals along lines similar to articles 10 and 14(1)(e). This would facilitate smooth globalisation of Sri Lanka, through belief based powers that are rooted in our ancestry.

Due to Buddhism foremost article in the constitution making the power of any Buddhist opposition relative, the Sri Lankan government driven by Buddhism is unable to enjoy the higher access  of Absolute power of belief. This is why they say that man proposes and god disposes.