Gajalakshmi Paramasivam

21 July   2021

 

Sri Lankans Torn between Law and Morality in Governance

 

P K Balachandran’s Daily Mirror article ‘Indians torn between law and “morality” on live-in relationships’ caught my attention after I read the feedback on my article ‘Presidential Pardon for Arjun Mahendran?’. To my mind, the question in essence is the same in both – law or morality?.  I believe that when we believe and share that belief – we balance the system of Natural Governance in our home environment. In democracy it is the contribution of the People that has the right to lead. Article 3 of the Sri Lankan Constitution confirms this entitlement as follows:

[In the Republic of Sri Lanka sovereignty is in the People and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise.]

The parallel of the above in a family would be children leading the parents after they are independent. The question then arises as to which law is suitable. Hence de facto relationships based on our own morality.

Written laws are the pathways through which our predecessors expressed their belief. That belief is the parallel of  the truth in ‘fact’ and the soul of an individual. Laws evolve with time and place just as our bodies change. Reliable laws would render the intelligence to work the current system. Likewise reliable cultures.

Balachandran confirms this as follows:  ‘Though there is no specific law on live-in relationships, the Indian Supreme Court has recognized live-in relationships as being legal and has defined such a relationship.  But still, there are variations in the way Indian judges look at it. Some look at it legally and allow it, while others look at it from the traditional moralistic point of view and frown on it.’

The New South Wales Police arrested me for Trespass – allegedly on the basis of  Inclosed Lands Protection Act 1901.  The action was peaceful assembly at the reception area of office of the Vice Chancellor of the University of NSW. The reason – my work was ‘blocked’ by Central Administrators. It was the parallel of ‘blocking’ policies in Parliament. By completing my part as required by the terms of recruitment – I earned the right to discuss matters with the Vice Chancellor. But the Vice Chancellor was not ready to ‘see’ me – even though his lawyers stated on his behalf  at the Supreme Court of NSW – that he would ‘talk’. I withdrew my application on the advice of the Chancellor that I should talk. When the Vice Chancellor failed to ‘talk’ he disrespected his own senior. By respecting the Chancellor – I merged my energies with his. Eventually the Vice Chancellor was effectively dismissed by the Governing Council – headed by the Chancellor.

Those parents who have upheld commonness of the family, are governors. When they bless their juniors – the juniors are empowered to become reliable parents. The form would vary due to time and place changes. But that belief is the soul power that works exponentially.

In my example – I am the parallel of de facto partners in marriage. The Police and the Central Administrators were the parallels of those who occupy the positions of leadership in lawful marriages. The eventual outcomes confirmed their lack of belief in the laws they were using. Those were exponential due to my belief in and respect for the law.

There are many instances where the Sri Lankan government elected by majority race – made laws that were discriminatory. When used as if they were the word of Buddha – the return becomes exponential. Duminda Silva was for example released by the current President – which then records that as our government’s real law. Eastern Province leader of LTTE – Karuna Amman, based in Batticaloa,  was included as part of government in 2008. The leader of Easter Bombers - Mohamed Zahran – is from Batticaloa – confirming the mutation of the real law of that area. Whether it is the virus or the law, once the other side is completed it does not mutate.

The parallel link is between the Central Bank Bonds issue in 2015 and the leasing of Hambantota port to China in 2017. They happened under the Presidency of Mr Maithripala Sirisena who was not true to his position nor was he respectful of the law. These are the reasons why someone who does respect the logic of law and/or is true to her/his position would not oblige the requests by Sri Lankan leaders who carry those Energies that weaken our heritage. Wikipedia explains this as follows in the case of  Singapore Government:

[This bond issue also caused disputes between the Government of Sri Lanka and Government of Singapore over the extradition requests of Arjuna Mahendran to Sri Lanka. Singapore prosecutors have noted that Mahendran could not have unilaterally made the decision to accept Rs. 10.058 billion worth of bids at the 27 February 2015 auction had the tender board recommended a different quantum of bids. They further determined that under Sri Lanka’s Registered Stocks and Securities Ordinance (RSSO), the tender board is required to reach its own decision to present to the Central Bank Governor, and that the Governor had no ability to influence that decision.

The Singapore authorities also raised concerns about a selective prosecution of Mahendran, since Sri Lankan authorities had failed to even question tender board members and officers of the Public Debt Department as to whether they were aware of the conflict of interest between Mahendran and Perpetual Treasuries Limited, and that the government had singled out Mahendran for criminal charges without even investigating most of the members of the Tender Board who signed on to the unanimous decision to accept Rs. 10.058 billion in bids.

On 3 September 2019, Singapore's Ministry of Foreign Affairs clarified that the government would consider the extradition request from Sri Lanka once the necessary supporting information and documents were released. Subsequent reports suggest that the requested information has not been forthcoming from the Sri Lanka authorities.]

 

The Energies of Reliable laws are carried through Due Processes that have stood the test of time and confirm belief. They are the parallels of Prescriptive titles to land which in Sri Lanka, is lawful if the conditions as per Prescription Ordinance 1871 inherited from British, are satisfied. One important intellectual requirement is that it needs to be a title that is adverse to is or independent of the official holder. That is the parallel of Equal Opposition in Parliament. Had Mr Ranil Wickremesinghe acted as President through such belief – we would have prevented the loss of land rights in Hambantota port; followed by the Constitutional crisis the following year. Each time we override belief – we open the backdoor for the unpleasant side to enter. Hence de facto partnerships are preferred by young ones.