Tuesday, 28 January 2020


Gajalakshmi Paramasivam

28 January  2020


THE HOROSCOPE AND THE PARLIAMENT

Most Sri Lankans believe in the system of Karma. A good proportion believe also in the system of horoscopes. This includes the current Prime Minister of Sri Lanka Mr Mahinda Rajapaksa. To my mind, the horoscope is the Opening Balance Sheet of our current life. The net value of our operations in this lifetime would then be added to the brought forward values and the new values would be carried forward into the next period/life.

The Constitution and the laws are the horoscope / balance sheet of the Parliament. They are not necessarily the horoscope of the Nation. In 2015, when the UNP led government came into power they set out to include their life in the Bible of Sri Lankan Parliament through its secular section. This included reduction of the Executive Power through the 19th Amendment to the Sri Lankan Constitution.

In 2015 – through the Presidential Elections the People gave the mandate to have a President who did not have supreme power that Mr Mahinda Rajapaksa had. The pain that Tamils & Muslims experienced, was experienced by the Sinhalese also when there was mental separation of communities after the war. It took more than five years for Tamils to get the courage to even express what they thought was due to them at the political level. Even of Tamil victims and Sinhala victims did not know each other – pain due to similar weakness in the leader – brings them together. Through the  Parliamentary Elections in 2015 Tamils became the leading Opposition due to their continued belief in a political solution. This happened due to the Natural Commonness between the two communities.

During the 2018 Constitutional crisis – Tamils further supported the side that was more committed to Rule of Law. The 19th Amendment empowered Tamils who were more free than before to follow the Rule of Common Law. Repealing the 19th Amendment would put the clock back in terms of the Partnership at Political level – which even the Tamil supporters of armed rebellion do not recognize. According to the Independent report headed ‘Sri Lanka president admits for first time that 20,000 missing from civil war are dead’ :

 

[Gotabaya Rajapaksa said death certificates would soon be issued, according to a statement from his office on Monday.
Sri Lanka's civil war, which lasted for 26 years, killed an estimated 100,000 people and left about 20,000 people, mostly Tamils, missing. 
“Most of them had been taken by the LTTE (Tamil Tiger rebels) or forcefully conscripted. The families of the missing attest to it,” the statement said.
“However they do not know what has become of them and so claim them to be missing.”
Mr Rajapaksa made his decision during a meeting with the United Nations’ resident coordinator in Colombo last week, the statement added.]
Relative to the above the Amritsar figures and the psychology of the British Armed Forces in India was presented - by the Irish Times’ article headed ‘The Amritsar massacre: a cold, callous display of colonial evil’ -  as follows:

[When the troops had finished firing, they had used 1,650 rounds, killed at least 379 people (the number the British were prepared to admit to; the Indian figures are considerably higher) and wounded 1,137. Barely a bullet was wasted, Dyer noted with satisfaction.

…..In the horrified realisation of this truth by Indians of all walks of life lay the true importance of the Jallianwala Bagh massacre. It represented the worst that colonialism could become, and, by letting it occur, the British crossed that point of no return that exists only in the minds of men – that point which, in any unequal relationship, both master and subject must instinctively respect if their relationship is to survive. ]

It was this massacre that became the turning point in the Independence Movement led by Gandhi who sacrificed much to share in the pain of the less powerful Indian. It is reported that :

[On his deathbed, Dyer reportedly said:
So many people who knew the condition of Amritsar say I did right...but so many others say I did wrong. I only want to die and know from my Maker whether I did right or wrong]
Likewise the Armed leaders of Sri Lanka who ordered the killings in the Sri Lankan war. As per my direct experience of the victims’ pain – the loss was greater due to the Armed Forces than the LTTE. In the Amritsar massacre also – Rebels were thought to be the reason:

[Michael O'Dwyer, then the Lieutenant Governor of Punjab, was one of the strongest proponents of the act, in no small part due to the Ghadarite threat in the province]
[Ghadar Mutiny was a plan to initiate a pan-Indian mutiny in the British Indian Army in February 1915 to end the British Raj in India] Wikipedia

Had the then British Raj and now the Sri Lankan Raj been in touch with the law abiding civil society – they  would have not crossed that Border of Sovereignty   within which the relationship between citizen and governor is recognized. Once they cross that Border – they are become foreigners. One needs Truth to see oneself. Senior  who cares about the junior  would become that mirror of truth to that extent. That is the Law of Truth. The next best alternative is Common Experience through which we know each other. The law that flows from that Common Experience – is the measure where such a Mirror is not available.

As per the above author :

[The Amritsar Massacre represented the worst that colonialism could become, and, by letting it occur, the British crossed that point of no return that exists only in the minds of men – that point which, in any unequal relationship, both master and subject must instinctively respect if their relationship is to survive]
The Rajapaksa government was not any more guilty than their predecessors who considered themselves to be the heirs to the throne of Lanka. But they were also excited about ‘winning’ by weakening LTTE  during the 2005 Presidential elections. Money was LTTE’s weakness. They became mercenaries  once they accepted money from the very side they claimed to Oppose. The stated purpose thus was proven false.

The current Government is a foreign government to those who were abandoned by them as LTTE subjects.  The statement [Most of them had been taken by the LTTE (Tamil Tiger rebels) or forcefully conscripted. The families of the missing attest to it,”]

Even if we accept that as true – what about the few of us whose relatives were killed by the Strategy of the Rajapaksa government that failed to protect civilians and also failed to facilitate the Service Groups that the civilians trusted?

Those driven by benefits – are incapable of forming strategy. Mr Mahinda Rajapaksa confirmed this through the 2018 crisis. THIS is the reason why they seek to repeal the 19th Amendment to the Constitution – so they could go back to de facto basis. A true law needs Truth as its root. Articles such as ‘President assigns Immigration and Emigration Dept. to State Defence Minister’ and ‘President’s power to perform duties of a cabinet minister questioned.’ confirm this De Facto basis which is driven by most current outcomes. The arrange ‘facts’ laterally and are the parallels of ‘First Past the Post’ system of counting majority vote power. When majority follow ‘de facto’ system – laws based on True experiences are suppressed.

Understanding 19th Amendment requires deep learning of Law. UNP may not be in government any more. But their ‘Strategy’ will continue to maintain the lawful relationship between Government and Citizen within the Sovereign borders of a higher order.





Monday, 27 January 2020


Gajalakshmi Paramasivam

27 January  2020


THE TRUE REPUBLIC OF SRI LANKA IS SECULAR

There is a Tamil saying that ‘whatever we see with our eyes is false; whatever we hear with our ears is false; only that which we thoroughly investigate and learn about is fact’. This is presented by Thirukural as follows:

[epporul yaar yaar vaai ketpinum apporul
mei porulkaanpathu arivu
] Thirukural 423

The motto  of the University of Jaffna is ‘Mei porul kaanpathu arivu(That which finds truth is knowledge)

That ‘Fact’ is ours because of the research we did. If we merely stated what happened it is of hearsay value. Hence to identify with the truth in a fact – we need to go deeper and deeper into that fact until we become that fact. Then and only then is it our truth.

If Independence is truth – freedom is ‘fact’. The Sunday Observer has presented a picture under the title ‘Heroes who fought for independence’. At the top is a part titled 1815 – The British captured the whole country by signing the Kandyan Convention. The picture ends with the report – The first Prime Minister of independent Ceylon Hon D S Senanayake hoisted the lion flag at the ceremony on February 4, 1948.
On the face of it – both are ‘what happened’. We did not witness either. Hence it is hearsay.
Wikipedia reports as follows about the Kandyan Convention:
[The Kandyan Convention was an agreement signed on 10 March 1815 between the British and the chiefs of the Kandyan KingdomBritish Ceylon (now Sri Lanka) for the deposition of King Sri Vikrama Rajasinha and ceding of the kingdom's territory to British rule. The king, of South Indian ancestry, faced powerful opposition from the Sinhalese chieftains who sought to limit his power. A successful coup was organized by the chieftains, marking the end of 2358 years of self-rule on the island and resulting in the imprisonment of the king in Vellore. The treaty is quite unique in that it was not signed by the monarch on the throne but by members of his court and other dignitaries of the kingdom.
The convention gained a degree of infamy when, according to apocryphal sources, Wariyapola Sri Sumangala, a Buddhist monk of the kingdom, seized and trampled a Union Jack hoisted by the British, demanding the flag of Kandy be left flying until the Convention was signed. ]

Wikipedia states about King Sri Vickrma Rajasingha as follows:
[Sri Vikrama Rajasinha (1780 – January 30, 1832, born Kannasamy Nayaka) was the last of four Kings, to rule the last Sinhalese monarchy of the Kingdom of Kandy in Sri Lanka. The Nayak Kings were of Telugu origin who practiced Shaivite Hinduism and were patrons of Theravada Buddhism. The Nayak rulers played a huge role in reviving Buddhism in the island. They spoke Tamil, which was also used as the court language in Kandy alongside with Sinhalese. 
The King was eventually deposed by the British under the terms of the Kandyan Convention, in 1815, ending over 2300 years of Sinhalese monarchy on the island. The island was incorporated into the British Empire, and Sri Vikrama Rajasinha was succeeded by George III, as monarch of British Ceylon.]
Many years ago I wrote about Sri Vikrama Rajasinha. I was seeking through my feelings as Sri Lankan and to that extent that picture became my ‘fact’. This was confirmed when I ended up in a Guest House at Rajasinghe Road in Wellawatte – a majority Tamil suburb in Colombo. There was the painting of  King Sri Vikrama Rajasinha and his wife – both wearing the Tamil culture ‘Pottu’ – the Hindu representation of Third Eye/Insight. To me it was no coincidence but rather the blessing of an ancestor who was betrayed by his Sri Lankan rivals. Back then there was no demarcation between Hindus and Buddhists nor Sinhalese and Tamils at People’s level. Since I also did not so demarcate – I believe that King Sri Vikrama Rajasinha’s spirit led me to this fact.
When we invest in the Truth / Soul of an issue – there comes a point when we connect to the Soul through our own truth. From then on the Soul  takes over and leads us. These to my mind are ‘miracles’. The information in Wikipedia is the skin of the issue as it happened / manifested in the past. It becomes our fact as per the truth in us in relation to the same issue. The picture in the Colombo suburb was such a miracle. I did not plan nor was I consciously seeking. But the blessings came from the origin.
This report confirms that  Tamil King Ellalan who is reported to have been killed in the war against  Sinhalese King Duttu Gemunu was succeeded by other Kings from South India. Hence according to my ‘fact’ - the last Lankan Monarch was a Hindu of Indian origin. Every Hindu Sri Lankan has the opportunity to inherit this Governance power by believing in Sri Lanka and also by being a Hindu.

The core message in the report ‘Wariyapola Sri Sumangala, a Buddhist monk of the kingdom, seized and trampled a Union Jack hoisted by the British, demanding the flag of Kandy be left flying until the Convention was signed.’  is presented in the Observer picture as well. This means that to the Observer Reporter -  the way Tamil LTTE and Sinhalese Government colluded to get rid of Indian Peacekeeping Forces – the Sinhalese chieftains and the British colluded to eliminate those of Indian origin – be they Buddhists or Hindus. Back then the two religions were part of each other.
So what did we gain on 04 February 1948 that we had in February 1815  but lost a month later? Self-Governance.
In his Sri Lanka Guardian article ‘Freedom! Freedom! Where art thou?’ Zulkifli Nazim quotes as follows:

[Without Freedom of thought and expression I am a slave to the demagogues, preachers and ancient traditions claiming the right to tell me what to think, how to live, what to believe – and that I must not question, but only obey. This is not a full human existence. To be truly free to live, one must be free to think and speak.” 

A. C. Grayling – British Philosopher and Author.]

But what is my moral authority to publish my thoughts and feelings? It is the Truth that I discover and/or the respect I pay of my own free will to one who discovered Truth that is the authority to express/publish. Militants and activists who so express themselves would naturally facilitate opportunities for others to discover the truth. But one who takes such opportunity has to pay the royalty of respect. Otherwise it is mere hearsay and is lifeless rubbish in the mind of the user.
Did the Lankans from 1815 to 1948 – fight for Independence from the British or were they then militants like the JVP and the LTTE? The parallel question for the 2009 war is ‘Did the Government Forces fight to invade Tamil area - Northern Province or did they fight to discipline the LTTE?’ Effectively it is the parallel of repatriating Sri Vikrama Rajasinha with the help of British – whose current parallel was the USA and the UK  and all other countries that listed the LTTE as Terrorists even though they were not directly affected by the LTTE. Those who idly accumulate surface information/ what happened. As leaders in global group – the USA & the UK have the responsibility to do the parallel with the Government Forces. By failing to take responsibility – the Sri Lankan Armed Forces confirm inheritance of the Chieftains’ powers against Buddhism itself. Mr Talduwe Ratugama Rallage Weris Singhowho killed Mr SWRD Bandaranaike was a Sinhalese in the clothes of Buddhist clergy.

The Sinhala Maha Sabha established by Mr Bandaranaike, lacked funds and this led to Buddhism becoming the theme.

As per my own experience – my belief was developed at the primary level when I asked through a particular form of Divinity and I received it. It is difficult to ‘ask’ a language as if it were Divine. Hence the best way was to divide as Buddhists and Hindus and combine former with Sinhalese and latter with Tamils. Rural Sinhalese driven by religion would have naturally lost consciousness of the fact that Buddha was Indian and therefore ‘foreigner’.
The Divide & Rule habit of the British was also inherited by the likes of Mr Bandaranaike who was killed by that very demotion. The more we ‘see’ benefits for our policies the greater the tendency to divide. Chieftains needed to ‘see’ and all armed militants and Politicians who promoted armed war – are/were heirs of the Chieftains. They are not heirs of Buddha or any other religious leader.
Using the name of Buddhism to get votes confirms this excitement of ‘possession’. Likewise, using the name of Tamil homeland without a particular belief in Divinity – makes such fighters Tamil Chieftains. Most Tamils known to me are believers in religion. The above mentioned author Zulkifli Nazim confirms this as follows:

[We Sri Lankans also have a penchant for religion and we should be able to practice any religion - Buddhism, Christianity. Hinduism, Islam or any other. We may print or write whatever we want and express ourselves in a decent manner.]

Every place where one realizes independence through Islam is a Muslim part of Sri Lanka. Likewise others. Where one uses the Secular pathway it is Democratic Republic of Sri Lanka. THAT is the Royal Ruler.  All others are delegated authorities of that ruler.

Sunday, 26 January 2020


Gajalakshmi Paramasivam

26 January  2020


AUSTRALIA DAY & LANKAN WAR

This morning I recalled how  Australia Day Power worked for me in 2012. It was on this day that the Testamentary case against my husband’s brother was to come to Mallakam District Court for the first time in relation to our Objections against fellow Australian Relatives. Our side lawyer – a Sri Lankan Tamil – tried to influence me to sign an affidavit which in his opinion would have made it easier for him to show a ‘win’. Without such ‘wins’ he would not have lasted that long as a legal practitioner in that part of the world where most folks are indigenous. We had already submitted my husband’s Affidavit, but for some reason the lawyer wanted to change it. I was firm. That was our truth and it had to stay that way. On 26 January 2012, I prayed to Mother Australia who comforted me during my challenges in Australia, as a migrant. I prayed at our family temple which encompasses my mother’s as well as grandmother’s powers.

In court – the Judge – his honour Justice Ariyanayagam asked me a few questions based on the Affidavit my husband had signed and then he seriously disciplined the Opposition lawyer for running a de facto court outside the official one. I knew then that I had been heard by Lady Justice Herself. Justice Ariyanayagam by age was my senior. This meant that he was an heir of the  English system of Justice – as practiced in Sri Lanka - which is the basis of most of the Legal Administrative Rules in Sri Lanka. Here in Australia, I diligently followed those rules – never taking shortcuts despite the pain of losses. This resulted in the losses becoming ownership as an Equal not to the Opposing litigants but to the lawyers who represented them. This includes Dr John Griffith who represented Mr John Howard who was then Prime Minister. It is my understanding that Dr John Griffith is now himself a Judge of the Federal Court of Australia. It was by accepting those ‘failures’ as weaknesses in the Judicial system that I realised the Truth about the official Australian system of Justice. Since I followed Due Process as stated by the Official system – I became an owner and this meant that I carry that as Energy / Shakthi with me wherever I go. That manifests Itself when I feel a need – and the manifestation happens through the highest level in that environment.

My criticism of Mr Wigneswaran is that he ignores this need in Northern Sri Lanka – even after his term as Chief Minister has expired. In his shoes – I would have by now written  books about how to improve Administration of Justice in Northern Sri Lanka where he continues to be respected for his past as Justice of the Supreme Court of Sri Lanka. That would have then confirmed Soul connection with the folks of Jaffna. Our Objection to the Equal Division of the wealth of my brother in law was dismissed by the younger generation judges – including Justice Ellanchelian  but as per my interpretation of Thesawalamai law – daughters who get dowry do not get a share of the common wealth of the parents  and brothers.  It is like Devolution. Once power is devolved to Provinces – Provinces are not entitled to have natural (Equal) share in the residual value which then is the new value of the Common wealth.

The fact that Jaffna Justice system erred at that level confirmed to me their lack of respect for the ancestors of the Justice system particular to Northern Tamils. Instead – they confirmed a de facto system which did not connect to the roots of Jaffna Kingdom that we take pride in.

If we are claiming genocide to ‘separate’ then who in current Jaffna would lead the Justice system and also the Public Administrative system in Northern Sri Lanka?

We celebrate Australia day including through mourning by Indigenous Australians.  In his article ‘Australia Day as a day for humility’ Andrew Hamilton ofEureka Street  highlights this as follows:

[The ‘arrival’  of  White Australians is celebrated today by us Australians. All migrants have benefited from the arrival of White Australians. Indigenous folks do mourn

The inappropriateness of the date, however, has some beneficial aspects. It focuses attention on the relationships between Indigenous Australians and later arrivals, and between Indigenous and the largely European cultures in Australia. Public discussion of these relationships often manifests prejudice and self-satisfaction. But it could also encourage humility and reconciliation, inviting a shared conversation about how our conflicted past has influenced the present Australian reality, and how reflection on it might shape a better future.
In what we hope is the aftermath of the catastrophic fires this conversation is particularly important. In addition to the reviews of the factors that made them so destructive and of how we might better prepare for future fire seasons, we need also to ask larger questions about how Indigenous Australians before European settlement managed the land and how our agricultural and economic practices have contributed to the perilous situation in which we now find ourselves.]
First White Australians considered this land to be ‘Terra Nullius’. After a very long period – that assumption was ruled to be wrong in international law. This happened due to the likes of Eddie Mabo and White Australians committed to truth who listened to the true feelings of Indigenous Australians who were connected to their ancestors.
Recently the new President of Sri Lanka gave the parallel to the above ruling – that those who were thought to have ‘disappeared’ were actually dead. That confirmation is of great value to those who continue to think that their sons are in custody and are being tortured by the government in some corner.   That kind of through stems from our own militant culture which did abduct and ‘brain-washed’ young ones as if  they were the only independent Tamil leaders. Being ‘free’ does not mean that one is independent. An independent person would be independent of fault-finding in others. An independent person would own faults as if it were hers/his. If we do not have those faults or if we do not need the other side to ‘show’ that we are better – we would be untouched by the other but would defend our own territory. Those who ‘attacked’ their own – such as militants in South and North – have not right to claim Independence on behalf of the whole. They had to kill others for their own survival and hence they were dependent. The only killing that is allowed in terms of Independence is in Defence and one who  attacks loses the right to claim independence of the whole.
Once Tamils own that we killed our own – we would be naturally Independent and we would not need another side to prove this. How we manifest that truth would need to be at least at equal level to other groups for us to recognize the early warning systems. Here in Australia – Indigenous groups are Equal to non-Indigenous groups. All of us who carry our belief in traditional elders such as those of Jaffna Kingdom – naturally become part of the Indigenous group in Australia. Likewise, when Tamils and Muslims carry their belief in ancestors – they empower the indigenous groups in the current area of Sri Lanka that is ‘home’ to them. A true believer in her/his ancestry will recognize and accept another true believer in her/his own ancestry. When both are allocated Equal status – it is easier to respect the other.   Trying to make juniors of those who believe in their own ancestors becomes a curse that we have no power to cure. Hence the need for separation and privacy.   
I now celebrate Australia Day as an Indigenous person who is able to practice her belief without fear of being misunderstood.  I confirmed by independence of mainstream White Australians by refusing to be pampered by their handouts if I said ‘yes’ when I meant ‘no’.

Saturday, 25 January 2020


Gajalakshmi Paramasivam

25 January  2020


BUSINESS V SERVICE IN STATE ENTERPRISES

I learnt about Business Unit approach within State Enterprises – here in Australia. I could have continued with the Private Sector but something within me was ready to be self-employed. So, I joined as a clerk and supported the Director’s unit. To me these are ‘placements’ that happen when we complete our work experience at each level as per our position requirements and support those who are senior to us fulfil their duties. That contribution becomes the ownership reserve which is the ‘gap between that which we were paid and the total value of our contribution within that structure’.  I believe that this was the huge contribution to my feelings as Common Australian – which were stronger than those who were supported by me but failed to expressly share that credit with me. There were many Mothers in the traditional family system who carried this ownership Energy as per cultural structures. Hence they are known as Shakthi / Energy in Hindu culture.

It is when a country has this invisible reserve value that it becomes a Mother Nation – as in Sri Lanka Maatha.

As per Colombo Page article ‘Main challenge for state enterprises is economic growth and profit generation – President’:
[President Gotabaya Rajapaksa says that rapid economic growth is the prime responsibility of all state enterprises and not for profit State institutions should provide an efficient service to the people.
He points out that it is the responsibility of the heads of state institutions to eliminate inefficiency and increase efficiency earning profits and not to be a burden to the government.]

For the Tamil side – Mr Wigneswaran has highlighted Ageism in Tamil Political Leadership  suggesting that Medical Professionals Dr Lakshman & Dr Sivan Suthan are better suited to lead Tamils than lawyers within the Tamil Polity  have used ‘Cleverness’ as the weapon to promote themselves.   Mr Wigneswaran highlights that from the time of Sir Ponnambalam Ramanathan to current time – leading Tamil Politicians have been lawyers. Mr Wigneswaran has doubts that they would bring the People under one umbrella.

I have no doubt that they would NOT. Nor would Mr Wigneswaran who continues to overtly carry his attachment to  Judicial Leadership. Mr Wigneswaran keeps referring to ‘National Leader’ – meaning LTTE leader Prabhakaran. If indeed that were true – then the Jaffna that I am part of is not included in that Nation. LTTE leadership was larger than the actual sacrifices made by the LTTE group that sought Separation and NOT Independence. The Tamil Right to self-governance within One Sri Lanka was developed by Sri Lankans including Mr Wigneswaran and not by those who limited their world to their local area.

The above example is also the challenge facing Sri Lankan Public Service. State Enterprises are made up of both of the above components in the Tamil Political Leadership – (1) the Mother group that works quietly and develops ownership power that naturally keeps the whole  together and (2) the Father group that shows the status of the whole through itself. During active fighting – LTTE wore the surname as did the Sri Lankan Armed Leadership on the part of the Government. If this were made permanent leadership – then we would tend towards generating new wars. During civil Administration – the armed forces have to become Mother Power.

Jaffna Tamils who according to me are the leading group within Sri Lankan Tamils – is the group most resistant to takeovers due to our Jaffna-Kingdom  genes . So long as we believe this to be the case, we would access these genes and would invoke its power exponentially. The requirement however is NOT to consciously calculate. When we believe – the Belief leads us. That is the way of the system of Karma.

The President talks of economic growth within State Enterprises as well as Efficient service to the People. The former is visible and the other is felt through common ownership. The two need to be distinctly  separate.  Recently, the Colombo Telegraph highlighted ‘Gota’s Viyathmaga Governor Seetha Arambepola Violates Constitution To Make Bucks’ which identifies with the need to separate the two systems. Article 154B (7) of the Constitution requires as follows:
[(7) Upon such assumption of office a Governor shall cease to hold any other office created or recognized by the Constitution, and if he is a Member of Parliament, shall vacate his seat in Parliament. The Governor shall not hold any other office or place of profit.]
Hence those who are Policy makers in Public Service are prohibited from  holding  any other office or place of profit.
Within Public Service there are those who provide ‘Essential Services’ who are part of the core government and therefore should not make profit for themselves and/or their part of the government. This is based on the principle that owners do not make profits out of their group. Within such core parts of governance – Subjective connections are strong as in family and they are Program based and therefore do not have the need to ‘show’ efficiency nor profit. They need to demonstrate strongest union with the People who are the parallels of children in the family. If they make and show profit – it means that this union is weak.

At the other end are services that would make profits and have profit-making as part of their purpose. They are the Business Units of the Government. Where a government is elected with a big margin – it would need to go into this kind of Business Unit structure. The Accountability Requirement  of such a Government is satisfied when they show a Profit. Sri Lankan Airlines is such an example. The fact that it is making huge losses means that it is being pampered by the Government out of People’s money and hence there would be less for essential services such as Health care for the poor.

Mr Wigneswaran who is the only Chief Minister that Northern Province has had – failed to make use of Diaspora Intelligence – including mine – to structure such a system in Northern Sri Lanka. Instead, he limited himself to the LTTE system which lacks the basic structures needed by a developing global community. Hence his suggestion of Medical doctors to lead the Tamil Community in Politics – which is like recruiting himself.

Each one of us needs to complete her/his experience as professional to ensure that we have replaced ourselves in society. Until then we are indebted to that society that motivated us, related to us as seniors and funded us – in that order of priority. Sir Ponnambalam Ramanathan for example is motivating power to Tamil politicians who believe in him. The outcomes shown by the LTTE are the parallels of Funds and rank much lower in the Resource Hierarchy.

 Mr Gotabhaya Rajapaksa would tend to show outcomes and hence his drive for Economic Profits – which are the parallels of War Victory. At the moment there are no mothers in the government to keep Union between the People and the Government strong and self-balancing. If indeed the current risk is ‘security’ and therefore requires unaccountable resourcing – then Sri Lankan Airlines would be like Air Force.

In the current positioning – Mr Mahinda Rajapaksa is the mother of the Government. Whenever there is a need to show – he needs to show it through the President and directly as if he made a profit. That is what went wrong with the UNP-Sirisena partnership – where Mr Sirisena driven by local politics ought to have taken the ‘Mother’ position. If we fail to learn our lesson from that – we would have another mess through the current leadership not only at National level – but also at Tamil Provincial level – where Mr Wigneswaran has the duty to take Mother position in Politics. He would have if he had completed his judicial experience instead of breaking it by taking current benefits out of the past in breach of the Doctrine of Separation of Powers as well as the philosophy of rebirth.




Thursday, 23 January 2020


Gajalakshmi Paramasivam

23 January  2020


RELIGION & COMMON LAW

Yesterday I was invited by the Hindu Council of Australia to participate in a survey on Chanting conducted by Macquarie University’s Department of Psychology. I found that to me the two – religious order and psychology were not different to each other except in outer form. To my mind they were about the order of the mind. Indigenous pathways rely strongly on our belief in our ancestors. Religion is usually a strong part of our ancestry. In my case – I find myself being supported by one in the other. I believe that many of our problems are due to disorder of the mind.

Sri Lanka which is strongly religious has chanting in all its religions. By filling our mind with the same sound over and over again, we fill our mind. The power is in the original mind which with time becomes are root Energy. When we discover something and give it form – it is our mind. If someone else discovered something we need to not vary the form that they gave us. When we do – it amounts to plagiarism. When we plagiarise the power of the origin is lost and we carry the dead  material. Due processes by the original discoverer should therefore not be changed – to possess and claim ownership. We may transcend and lose consciousness of the form but not change the form of the original.

When we lose consciousness of current benefits by chanting a mantra / using a formula, we acquire the original power as heritage. There is a saying in Tamil  - ‘Guru Illaa Viththai Paal’ / ‘Skill without Guru is wasted’. Whether it is the Vertical system of Autocracy or the Lateral system of democracy – we have both – heritage and current value which may or may not become heritage. To the extent we use current value system – we have to have separation between producers and users/suppliers and customers. The common temporary link is money.

Sri Lanka suffers from Polarization disorder of various forms due to taking the outer value without recognising this need for separation between those who use different structures to think logically. When one produces and the other uses without paying the due costs, the two stay separate. In terms of emotions, when we get excited and express that excitement as emotions – but fail to think of and attribute to the makers of the produce that excited us and/or the architects of the structure that  facilitated us to ‘see’ and get excited – we are assured of the Equal Opposite of Excitement – Depression. Even though we do not see it -  the Depression happens at the same time as excitement and is in waiting. If we neglect it – it becomes the controlling power. Bipolar disorder happens due to this gap. Many diseases happen due to overindulgence in physical pleasures which ages the physical medium quickly.

The gap is narrowed by paying our respects to the origin and / or by the intellectual pathway of one outcome with right side and wrong side – as in law or One Parliament with two faiths – one as government and the other as Opposition – with the latter  effectively showing the Effects of Government policies of current times. When we survive that One outcome with two sides – and continue to travel deeper – we become Truth known also as Root Cause. If by then we divide irreconcilably – our Roots are different and we would need permanent separations – with each group being taken as sovereign until proven otherwise. In the objective pathway, the point at which we ‘show’ outcomes is the end of our pathway and when this is produced at the early stages – we do not get to the root that sustains the whole. This is a serious risk with Freedom Fighters.

In his Daily FT article ‘Our heritage is Kandyan law; not Roman Dutch law as Rathana Thero thinks’ Mr Harsha highlights separation within Buddhist community that confirms the serious flaw in the Constitution which presents Buddhism as being foremost but without outlining common Buddhist laws and rules in Public Administration – including in Parliament where majority are Buddhists. Harsha whose contributions are to my mind, of high value, presents the current picture as follows:
[There were four bills presented by private members to the Parliament on 8 January (one bill is to be presented) which were already advertised in the gazette. They were to repeal the Kandyan Marriage and Divorce Act No. 44 of 1952; to repeal the Muslim Marriage and Divorce Act No. 13 of 1951; to amend the Marriages (General) Ordinance No. 19 of 1907; to amend the Marriages Registration Ordinance; and to introduce a minimum age of marriage in Sri Lanka. The first three were/will be presented to the Parliament by Ven. Athuraliye Rathana Thero MP and the other two were presented by MP Dr. Thusitha Wijemanna.
In Sri Lanka the Common law applicable to marriage and divorce is based on the Roman Dutch law. This Common law is in the Marriages (General) Ordinance No. 19 of 1907. In addition to that there is Kandyan Marriage and Divorce Act No. 44 of 1952 applicable for the people living in the Kandyan Districts. For the Muslims in Sri Lanka the applicable law is Muslim Marriage and Divorce Act No. 13 of 1951 (MMDA). The intention of the proposed amendments is to make Roman Dutch law the only law applicable to marriage and divorce in Sri Lanka and to make the minimum age for marriage 18 years. ]

In terms of marriage – the above bills recognize  Kandyan Community and  Muslim Community as Indigenous groups. Even though not mentioned we have the Jaffna Matrimonial Rights and Inheritance Ordinance that covers Northern Tamils to whom Thesawalamai is applicable. By now Kandyan Law, Muslim Law and Thesawalamai Law ought to have become of Heritage value and therefore should not be used transparently to current problems of a democratic society. So long as Muslim Law and Thesawalamai Law are currently applicable  in regards to marriage – Kandyan Law needs to prevail. This is needed by majority rural folks who do not have ancestral connections with Common Law or intellectual knowledge of Common Law.
Harsha presents the following conclusion:
[Law makers should never interfere with Muslim law which is based on their cultural heritage. People should oppose the Muslim law if there are any violations of human rights or any discrimination against the weak in the name of such culture and laws. If Rathana Thero wants to have a one law for marriage and divorce, he should draft a new law applicable to current society eliminating the destructive aspects of Roman Dutch law]
Any law based on belief will naturally bring the believers under one structure. If there is no such law and the community laws are not strongly monitored by their respective religious leaders there is high risk of disorder in marital relationships resulting in abuse by the apparently powerful of the apparent juniors in their custody who are really orphans if the seniors do not feel that the juniors are part of themselves. To my mind, the West has used Democracy to expose Church leaders who treated the children in their custody as orphans. The West has also legalized de facto marriages.
Christianity was a temptation to many rural communities in Northern Sri Lanka due to the affluence that came with it. The ‘Buddhism foremost’ article in the Constitution strongly indicates plagiarism by Buddhist Politicians who copied the British while claiming ‘Independent status’ for the outcomes. Thus Buddhism was made a commodity  / quid – in exchange for favours. Mr C V Wigneswaran who chants Hindu mantra in North – has done likewise. One with belief does not need to ‘show’ and v.v. By manifesting the status of Buddhism in relative form – the Constitution of Sri Lanka has prevented Buddhist practitioners of the Constitution from going beyond to the root – where Nirvana – the Ultimate Reality through the Buddhist pathway. There is no relativity at that final goal.
In disenfranchised communities marriage laws are often too difficult to practice because there are no returns in terms of status and ownership. They have their own versions to ‘show’ for the purposes of status but the rest is on de facto basis. Some who are not exposed at all, to well-structured religious laws of marriage – would tend to use the corporate memory of the community – which could include marriage between blood relations and between partners with wide age gap so the relationship becomes parent-child relationship – as in Muslim marriages. In 2018, Ms Vijayakala Maheswaran invoked the LTTE which was rigid / strict with marriage relationships for combatants and the lady got into trouble with the law. This happened when there was rape of young ones in rural North where like Aborigines in Australia folks had their own systems and standards in marriage. Those with least structure produced more children.
The arranged marriage system seems to be a common one between the Aborigines and Tamils of Northern Sri Lanka. The Australian Law Reform Commission presents the following :
[Perhaps the most important difference between Aboriginal marriage patterns and those of white Australia is that the marriage is not seen as a contract between individuals but rather as one which implicates both kin and country men of the parties involved. If we explore the web of relations which surround an arranged marriage entered into at the time of initiation of a young male, we find that at least three generations are implicated

 Arranging Marriages. One important way in which marriages were arranged was infant betrothal. Usually this was between a young girl and an older man. A man’s first marriage would not necessarily fall into this category: his first wife might well be an older widow. A girl could be betrothed either as a potential mother-in-law or as a wife. Indeed it was possible for a girl to be betrothed before she was born and to grow up knowing who her future husband was likely to be. The promised relationship created a series of lifelong responsibilities and obligations between the young man and his promised wife’s relations. For example, the young man might be required to provide food for his future mother-in-law. While the girl was growing up she would normally have regular contact with her promised husband, so that when the marriage eventually took place he was no stranger to her. However, the fact that negotiations had taken place and promises made was no guarantee that a marriage would take place, or that a girl would consider herself obligated to remain married to her promised husband. Refusal to marry, or to perform obligations to family associated with marriage arrangements, would usually give rise to arguments, but if the prospective husband or wife persisted in refusal, renegotiation was possible. This might involve arranging a substitute or agreeing to compensate the aggrieved person in some way.]

There are many common areas between the above and my parents’ generation during which time the age gap was significant. When more and more daughters got educated, we came of out this and young ones made their own choices. Such are bound to happen in all communities where common education is a uniting factor.

To my mind, where de facto system is not law there needs to be separation of Powers between various systems. Separation of Powers is needed between the Judiciary and the Executive due to different faith systems. The Judiciary’s ancestors would include makers and interpreters of  laws discovered by non-Sri Lankan rulers and / or other Judicial systems. Sri Lankan politicians have to use local experiences and not imports. That is essential limitation in Democracy.

Burghers also need the Roman Dutch Law which is their heritage and hence many of us who have British mentors need English law which is our heritage. It is not so much the actual wording and its logical meaning – but more the sacrifices made to develop and maintain the system under difficult circumstances. After Independence, communities that have Roman Dutch and British heritages are under serious threats from Law makers who prefer their own cultural laws. This was a huge reason for the problem between immediate past President Sirisena and then PM Wickremesinghe due to their respective heritages. My mind connected more easily with that of Mr Wickremesinghe’s than with Mr Sirisena’s due to Roman Dutch Law and English law. One way out is to use de facto systems as parallels – as per the choice of the citizens concerned.

Until  our faith in the Common system is stronger than our faith in the local system – we do not have the moral authority to make One law for all.  Mr Rathana Thero is a Buddhist monk and does not have the moral authority to make marriage laws even for the Buddhist community. One needs the experience – especially the pain of sacrifice – to develop reliable systems that work naturally and are close to the system of Natural Justice.