13 December 2021
“If 13th Amendment were enough, why would we have lost so many lives? Lakhs of our people died after it came into effect... The Amendment is not a meaningful way of devolving power. Even [PM and former President] Mahinda Rajapaksa has acknowledged that in the past. Why are we now asking for something that is not meaningful?” – M A Sumanthiran
The same question could also be asked of Article 9 which renders Buddhism foremost status. If that were belief based – then why did so many Buddhists die during the JVP uprisings? The common response to both is that they are both relative and fail to uphold the Sovereignty of Sri Lanka. Buddhism foremost is the manifestation of ‘fear’ that was generated through the murder of former PM Mr SWRD Bandaranaike who used Sinhala Buddhism for political purposes. When one side is generated outside the boundaries of sovereign borders and they are NOT balanced intellectually – the other side manifests itself as that place’s and/or time’s unbalanced powers.
Here is a family example that most Sri Lankans would relate to:
[My husband’s brother donated Rs 100,000 to a Murugan temple in Vaddukoddai. He owed money to my husband who partly findance his home in Vaddukoddai. As the elder brother – he had the duty to reduce his status and elevate my husband’s as the senior – who he ought to have consulted with before making such a donation. My husband who likes to be every sibling’s darling did not see anything wrong with that. But when the guy who was collecting on behalf of the temple approached my husband, my husband informed me. I received the call in my husband’s ancestral home and missed my other Brother in law – Yoganathan who was a disciplinarian. Through the ancestral power in me I said ‘no’. Recently when we were discussing that matter – I asked my husband whether he considered that donation by his brother to be right. My husband said that his brother had said that he donated it so his children – especially his daughter would get married! On hearing this – I asked my husband – since that did not happen – he ought to know that his brother was trying to bribe Murugan and that the ‘asking’ was not belief based. I said that the level at which the asking matched the return was his law. ]
In the case of LTTE – Prabhakaran received handout from MGR who was ‘outside’ the true home area that Prabhakaran considered to be his ‘home’ By addressing MGR as ‘Anna / Big Brother’ Prabhakaran made his home area a junior part of Tamil Nadu. Then when IPKF came through New Delhi as part of the agreement that led to the 13th Amendment, Prabhakaran joined forces with then PM Mr Premadasa to evict IPKF – indicating that he still reigned supreme. Likewise when Mr Rajapaksa sought to be President in 2005 – he facilitated it by supressing the democratic rights of the People. They were thus made pawns in his military game. They were his subjects and not People who were born int democracy. Today, a well groomed Sri Lankan Medical Professional wrote in response to my article headed ‘Buddhism foremost by SJB’:
“To believe in God is ones absolute birthright
To make others believe it is a travesty of the others right
what is more compelling is ,the corollary cannot be denied
There in lies the beauty and harmony of faith”
My response was:
[Beautiful philosophy. It is our belief that becomes law with two sides when it becomes visible. Lady Justice has blinded herself so she remains the invisible root of Justice]
That which is visible must have cause and effect to be law at that level and that level and below only. If it begins with belief the structure will serve all those who are connected to that root by belief.
Hence the makers of Buddhism foremost law did not have the moral authority to make any secular law. Only those who consciously opposed that group had that authority. Hence the Vaddukoddai Resolution 1976 – demoted Mrs Bandaranaike and elevated Tamils to Equal status in Parliament in 1977. But that Resolution’s status was hijacked by the LTTE which was carrying the ‘separatism’ mandate. At that level – they deviated from religion and used Marxism. Hence the support of communist parties in India’s Tamil Nadu. They thus became foreigners to Democracy.
The Hon Rajiv Gandhi was elected through the Democratic pathway. Hence he failed democracy by using militants as India’s pawns/bodies. To qualify as People one must be connected to the One root belief.
But like Buddhism foremost clause that reminds others that Sri Lanka is a Buddhist county – the 13th Amendment tells others that Tamils are Equal Opposition with the support of English People. Hence the recent talks in the UK & the USA by Tamil Political leaders. So long as Tamils pay our respects to our Colonial ancestors – including through respectful practice of the laws we inherited from them – this would continue.
Tamils died due to lack of belief in ancestors and therefore getting brainwashed by militants who showed quick results and got funds from ‘outsiders’ including the Diaspora. They thus got infected by the ‘suicidal’ nature of LTTE which promised Great Hero status to those who died in combat. It was also soothing the discrimination pain due to the abuse of caste based discrimination. This was also the reason why Tamil Politicians were killed – confirming the level at which the law of militants would be made. To those who were/are used to the higher level laws – but included themselves as part of the LTTE group – for example – Mr Wigneswaran – who referred to Prabhakaran as his younger brother – that was suicidal in terms of higher level laws. That is ok if one used belief only and was part of the community that made up militants. Those who actively opposed it would continue to be the heirs of that higher common secular system that includes all Sri Lankans.
The 13th amendment is for this group – whatever their ethnic origins may be. They naturally connect to other practitioners of secular law beyond Sri Lankan borders.