Thursday 18 December 2014

Know Thy Law & Protect Our Democracy

When we invest in commonness – however small the group may be – we enjoy global values. It is therefore better to invest in a small group with whom we could be honest than to be obedient to larger groups in which we are just numbers. A Sri Lankan asked me in response to my claim that the Sri Lankan Constitution allocates higher status to Buddhism above other religions (article ‘The Cost of Diversty ) :

1.      ‘Higher status allocated to Buddhism?? 
2.      You live in a Christian country where the foremost place is given to Christianity and whose constitution is founded on Christian values and find no fault with that? ‘

My response was:
1.That is how I interpret the Sri Lankan Constitution. If you interpret differently I conclude that you are of a different culture and therefore we need to travel parallel and not one behind the other. We may of course hold hands where we feel in common

2.The values on which Australian Constitution is founded did come through the Christian path. But to be Australian values they need to work for all on equal basis.  The value here is the parallel of God.  If we apply your interpretation – we must have one Christian god and another Hindu god and another Buddhist god – and they must all be fighting up Above!!!!  Our systems need to be close to the system of God. One who works it out would be the source of strong and reliable structures that would work for all – each one as per their own contribution.

Whether it be Australia or Sri Lanka - the consequences of  bringing one culture to follow the other results in separatism – even when practiced at the family level. Commonness when divided would show equal parts and v.v. The end of a relationship is family. We do allocate status to confirm the higher contribution to the common values by one relation over the other. But once we realize commonness – for example as Australian – there is no relativity.  To the extent we think relatively – we are not common with that person/group.

Today, I received reports about a petition by a group headed by President’s Counsel Shantha Abimannasingham and Attorney at Law J. Jayaroopan handed over  to the Provincial Council in relation to drinking water being contaminated due to the Electricity Plant at Chunnakam Power Station.

I came across Ms Shantha Abimannasingham during my participation in a testamentary case at Mallakam Courts which area is reported to be included in the above petition.  During my above experience with the legal experts in Jaffna - I was appalled by their  lack of  commitment to the common values of Jaffna Tamils – given form through the Customary Law – Thesawalamai – specific to Jaffna Tamils.   Ms Abimannasingham is a very clever Attorney at Law and enjoys high status within the Tamil Community of Northern Sri Lanka. But through my direct experience,  I discovered that the lawyers in Jaffna fail to submit a part of their high status to the common good of the Court system. It is now more than a year since the last witness gave evidence in relation to the Administration and sharing of Intestate Estate of a family member. Yet, the Court has not delivered the judgment.   We have traveled all the way from Australia many times – on the promise that there would be judgment delivered as promised but only to be told that the judgment was not ready.  Despite our disappointment at the delay of Justice we have accepted the delay as being part of problems faced by Tamils affected by war.  To some this problem with Court Administration may seem less important than water-contamination problems. But to a lawyer – pollution of Court Administration must take preference over general water pollution problem in her/his area. It would – to a lawyer who has sacrificed higher status to become Common with the Public in Court. The law is common path and a lawyer serving society would ensure that those laws serve all participants on equal opportunity basis – the lawyer her/himself being only one equal part of the whole group of Public. The common order of thought is determined by the investment we make in common laws and values. The primary purpose of Courts is to promote this common order.

Towards this it is essential that we do not go outside the boundaries of the laws covering a matter.  The Mallakam Courts went outside those boundaries many times when they referred to my second marriage (accepted as a lawful marriage) – to elevate themselves in the mind of the judge towards a subjective win.   That selfishness had the effect of separating me from the Court Community – a pollution caused by lawyers.   Ultimately – I acted to save the dignity of such marriages – which are not uncommon in Jaffna and the provisions to manage which are included in the law of Thesawalamai – confirming the strength of our culture.  Accordingly – after stepping down from the witness box – I said to the opposition lawyer words to the effect ‘I am not a prostitute’.  To our lawyer I said I was most disappointed in him for failing to prevent such infiltration. The Judge raised his voice to discipline me and said that I was behaving like a street woman and claimed that it did not go positively towards our claim to Administer the Estate. In other words – the judge received the blow given to the lawyers.

The Sydney tragedy earlier this week happened also due to pollution in our Australian legal system. The lawyer of the hostage taker is reported to have stated about his  Muslim client ‘Knowing he was on bail for very serious offences, knowing that while he was in custody some terrible things happened to him, I thought he may consider that he's got nothing to lose.

As confirmed here in Australia as well as in Mallakam Courts – I rise above the ‘system’ after having contributed to it at its maximum level of practice.   Beyond that I express as per my Truth. But those who continue to ‘relate’ from lower position – would lose faith and tend towards the ‘freedom of  the animal within themselves – which is also within all of us. When we clean up our legal system – we would clean up our environment of all kinds of pollutions.

Former Justice of Sri Lankan Supreme Court – the Hon C.V. Wigneswaran  has the opportunity to be  a Governor in terms the Justice system in Northern Sri Lanka where he is Chief Minister. It will be interesting as to how Justice is delivered by the Provincial Council in this instance. The rift within the major Political parties has yet again highlighted that weak contribution to ‘Commonness’ promotes separatism. Tamils yet again emerge as the real opposition in Sri Lanka. Man may propose as per his limited mind but the mind that lives close to God / Truth – destroys the proposal where at least one genuine participant’s contribution is unjustly damaged. Hence all that any Tamil believing in God  has to do is continue to strengthen that belief and facilitate the manifestations of Divine outcomes.

Gajalakshmi Paramasivam – 18 December 2014

No comments:

Post a Comment