No Affirmative Action by Dr Sabry
I sued many
Australian leaders, including then Prime Minister John Howard on the basis of my
belief that the root reason was Racial Discrimination. I did not expect to win
in courts. But I brought out the many problems in the Judicial system by taking
my position as allocated by the ‘system’. The rest of my investment became
Energy. In the process of travelling along with that Energy, I realized that
many of the judges were less qualified than I in Racial Discrimination issues.
As stated many times, in order to deliver just outcomes, we need to believe in
the measure / law used, as deeply as or more deeply than the litigants concerned.
That is the Equal parallel of a witness giving evidence under oath.
I kept going despite
the failure marks given by the Australian Judiciary. Now I know that I was
heard by the original discoverers of the natural laws of humanity whose
discoveries led to Antidiscrimination laws. Their belief heard me and this was
confirmed to me when my book Naan Australian was taken to the National Library
of Australia, via Congress Library – New Delhi Office. The effects confirmed to
me that the cause as stated by me was right. Where there is lack of belief in
the law, intellectual balance is essential in delivering just outcomes. Hence
the ‘reasons for judgment’ need to make sense to an intellectual user of the
published the following report under the heading ‘Cabinet Okays Ali Sabry’s paper’:
[The Ministry of Justice,
issuing a press release in this connection, said the Cabinet had granted its
approval to launch the three-year programme proposed by him after he had delved
deeply into the issues faced by the legal sector.
Ali Sabry formed five committees comprising
senior lawyers with the aim of providing solutions to these issues during a
When I read the list
of names none of them were Tamil or Muslim names. This automatically distances
the Judiciary from the ethnic issue in Sri Lanka. Our generation is therefore
likely to pass on a weaker system than we inherited.
Article 12 (2) of the
Sri Lankan Constitution lists the following requirement as fundamental rights –
the breach of which could lead to legal action against not only minister but
also the president:
[(2) No citizen shall be discriminated
against on the grounds of race, religion, language, caste, sex, political
opinion, place of birth or any one of such grounds : Provided that it shall be lawful
to require a person to acquire within a reasonable time sufficient knowledge of
any language as a qualification for any employment or office in the Public,
Judicial or Local Government Service or in the service of any Public
Corporation, where such knowledge is reasonably necessary for the discharge of
the duties of such employment or office : Provided
further that it shall be lawful to require a person to have a sufficient
knowledge of any language as a qualification for any such employment or office
where no function of that employment or office can be discharged otherwise than
with a knowledge of that language. ]
Thesawalamai law is Customary
law applicable to Jaffna Tamils – known as Malabar inhabitants. As highlighted
recently, Jaffna Tamil culture has much in common with Kerala / Malabar
culture. Kerala was ruled by Tamils also. Hence the cultural merger was
Thesawalamai law is still part of the Judicial system of Sri Lanka, Article 3
requires officers to have knowledge of Tamil when they work in Northern
Province. Dr Sabry has failed to facilitate this requirement in his team.
Customary laws are belief based and it is important to proportionately
represent all ethnicities in any group that is addressing law and order problems
in an ethnically divided country like Sri Lanka.
The racial challenges
in Sri Lanka are different to the racial challenges in Australia. Muslims, Tamils
and Sinhalese in Sri Lanka are naturally devolved ethnic groups. They are like
females and males in Traditional families to whom Thesawalamai is applicable.
They had their separate areas of expertise and inheritance was also so arranged
that daughters inherited from mothers and sisters and sons from fathers and
brothers. This kind of devolution of power has been abused by Jaffna Tamils who
traded through ‘donations’ – as was claimed by my sisters in law also. These
are the family parallels of ‘buying votes’ in politics. The pollute the system
and eventually damage the structures. This also seriously contributed to the rebellion
by Jaffna youth looking for shortcuts to new jobs.
Tamil law experts who
believe in the respective laws have the opportunity to make their contributions
through social media which is likely to influence the would be litigants. As
Alexander Graham Bell said ‘when one door closes another opens’. The believer
is always heard through the soul power.