Tuesday 6 October 2015

Gajalakshmi Paramasivam – 06 October  2015

Living without the Law

As per Government news, ‘a new Mental Health Bill will soon replace the antiquated and only officially recognized Act on Mental Health enacted in 1892, which is now before the Cabinet Sub Committee for approval………….One significant change is that patients can hereafter be admitted to any psychiatric unit in the country, unlike at present where involuntary patients can be admitted only to the psychiatric unit of the NIMH at Angoda.

That reminds me of Inclosed Lands Protection Act 1901 (NSW) here in Australia and in Sri Lanka - Thesawalamai Customary Law codified in 1806. They are both Customary Laws based on the environmental requirements of that time. If  Mental Health Act 1892 has ‘survived’ despite the changes in social structures of Sri Lanka – it confirms that it confirms through its very existence that it  is of heritage value to all those who believe in Tradition and more importantly – claim Tradition as the source of their actions OR that these areas have been seriously neglected by the Legislators. The White Australian Police who used the above legislation to charge me were using it against me to prevent me from ‘protesting’ against the University Administration about which they knew very little through their own experiences. They did not believe in the law nor did they demonstrate faith in their White elders. Hence to the extent they failed to follow the Racial Discrimination Act 1975 – (Commonwealth) – the law made during their generation – to uphold Democracy – they  became guilty of lawlessness. This risk is greater with Sri Lankan armed forces and those empowering themselves through showing and ‘using’ such forces like doormats. The manifestation of this lawlessness happened in the ‘form’ of the law that I chose – as per my true conduct Racial Discrimination Act 1975 .  

Likewise, the lawlessness in  Mallakam Court – in Northern Sri Lanka – which through its lawyers claimed to use Thesawalami Law – surfaced as Defamation charges here in Australia through refugees sponsored by me. In none of the above did the Courts uphold the outcome as assessed through the stated law. The verdicts were to dismiss the charges – and the two that came closest to my Truth in this were both women judges – Magistrate Gilmour of  Waverley Magistrates Court in the Trespass case and Justice Lucy McCallum of the Supreme Court of NSW. As per my assessment – both used their personal identity with my Truth – to uphold Justice. They did not go through the law. In the case of Magistrate Gilmour I made detailed representations in person. In the case of Justice McCallum – I made detailed statements through Affidavit in direct response to accusations that the lawyers made by ‘taking over’ the other side’s position in Court and Society.  In the Court of Justice McCallum  when it was my time to present my case I just got up and stated words to the effect ‘If I am to be banned through these applicants who were sponsored by me, I would seriously consider returning to Sri Lanka’ . The judge ruled against the Vaddukoddai relatives in this regard. But for the actual Defamation part – there was no legislation here in Australia – parallel to Thesawalamai through which the matter was being heard in Northern Sri Lanka – as per the order of the mind that should have been structured by Thesawalamai principles. The Vaddukoddai disorder referred to in the Appendix of my yesterday’s article ‘Drums of Sri Lankan war’ would have been prevented if job based hierarchy through the caste system had been upheld until that population was ready for Common Law – as per their CONDUCT.  The only common order known to such folks is based on Thesawalamai. This is more so after those who received ‘English’ education left the local area and many going beyond the shores of Sri Lankan – never to return. If those from that community indiscriminately mix social values with legal values – then they weaken their own investment in their legal profession. When judges do so – the damage is exponential. If they uphold the one who speaks the Truth – the social value is exponential. Interestingly – Magistrate Pat O’Shane who ordered that I be sent for mental health assessment – had already confessed to suffering from Mental disorder. Our Vaddukoddai relatives picked up the report based on that assessment – and their lawyer went to town with it. Despite the subpoenas none of them turned up in Court to give evidence. That’s the gap in their minds between social order and legal order. They would produce their equal other sides of those who abuse the Judicial process – including those lawyers – in Australia as well as in Vaddukoddai – where the first political declaration of  Self-Governance was made in 1976. The only self-governing person known to me from that area, using the law of Thesawalamai or the Common Law is myself. Not any member of the Tamil Political Community.

To my yesterday’s article the response from Canada included the following about the Bishop:

[Power Hungry and is messing the educational system of the WORLD FAMOUS JAFFNA COLLLEGE , Illegally taken over the ADMINISTRATION of this School amended the constitution and acting foolishly. HE PRESIDED THE PRIZE GIVING OF THIS SCHOOL  IN 2015 SETTING ASIDE THE PRINCIPAL AND THE STAFF and is misleading the administration.
The OBA of Jaffna College is in the process of filing an action against this Bishop's Action. ]

I do not know the Bishop personally and hence I am reporting as an observer. But this is a social issue which affects the value-structure through which we carry forward by old values in new shapes, by those who represent the School in wider world. It is part of our self-assessment. No legislation – not even Thesawalamai Law could have surfaced  this pain in the Alumni of Jaffna College. I was able to because of my husband’s outstanding performance as a student of Jaffna College, to which I added my own through service to the College – especially in establishing the Jaffna Branch of the Institute of Chartered Accountants as part of the undergraduate section of the College and also later by facilitating ongoing training with Iceman Technology  in the Capital – through the genuine and generous offer from Mr. Dushan Perera – facilitated by Professor Sathananthan. There is obviously a disconnect between the Diaspora and the Resident community of Vaddukoddai in this regard. This surfaced through my yesterday’s article which carried at the top - the communication regarding TNA’s interpretation of the UN Resolution:

Tamil National Alliance(UK)   Broad Discussion   with  Hon.M.A Sumanthiran M.P,incharge of TNA Foreign Affairs  0n  Saturday 3 october 2015 from 4.00 Pm -8.00pm
Venue : Ruskin Hotel; 386 High street North,Manor park.; LondonE12 6PH; (Entrance Ruskin Avenue)
Subject:   “ UNO resolution and Journey to  political solution” Representatives in Uk will be in the panel
1. Mr C. Sithamparapillai, Solicitior
        2. Dr S.Paramalingam,Solicitor
The Committee members ,supporters and well-wishers’ of TNA UK are Cordially invited

The first question that came to my mind was ‘Is Mr. Sumanthiran the elected member of the British Tamil Diaspora or is he the elected member of Northern Tamils of Sri Lanka?’

Elected members have their first responsibility to their electorates where they need to be available to their local members. The UN Resolution needs to be for the primary level users to whom the UN Resolution must become part of everyday life. Does Mr. Sumanthiran not have enough knowledge of global justice to make the translation needed at ground level?

If the keep going at this rate – the Diaspora will use the UN to invade Sri Lanka – through the politicians. Why cover up  with Independence and Political solutions? They are confirming  take-overs and not mergers.

This morning I receive a message from London :
[In response to the discussions between the Foreign Minister and GTF Spokesman Suren Surendiran in the presence of several other parties including former Norwegian peace envoy Eric Solheim, the Senate of the Transnational Government of Tamil Eelam (TGTE) says the GTF, the largest Tamil Diaspora organisation operating in Europe, has no mandate to speak on behalf of the rest of the Diaspora.
V. Rudrakumaran is the ‘Prime Minister’ of the TGTE while Ramsey Clark, Robert Evans, Daniel Mayan, Dr. Brian Seneviratne, Roy Chetty, Gilles Piquois, David Matas, M. Manoharan, Satya Sivaraman, Usha Sriskandarajah, Sathesh Muniyandy, Nagalingam Jeyalingam, Prof. Saraswathi Rajendran, Dr. Thani Cheran and Rajaratnam Subramaniam serve as Senate members of the body…..]

The Transnational Governance needs to be without boarders. TGTE is representing itself as the Shadow ministry of the Sinhalese Diaspora Government.

With the above scenario – one projects chaos through Zero Base Budgetary system!

Mental health devolution? – I ask ‘The Judge with the Sane mind – as per her/his assessment – please stand up’ and declare that s/he as a Sri Lankan does not  need changes to the Mental Health Act 1892 because  we no longer use case laws based on 1892 value systems’. Where history is still used in social life – especially in politics – the mind order of 1892 is still valid.

Any changes to the order until our Legislators demonstrate that they are independent of the past - needs to be merely at business and social levels – by the citizens – out of the Legislators reach. As Gandhi said – we need to become the change that we seek.

I disciplined the lawyers – both of them – in the Testamentary case of my brother in law in Mallakam Court – once I was out of the witness box. I took my position as ‘Bush-Lawyer’ – the title allocated to me here in Australia by White Australians. I said to my side lawyer ‘I am disappointed with you’. To the other side lawyer I said ‘As for you – I am not a lady for sale’. So saying I walked away from the Judicial part of the Court. The judge who had the Position Responsibility to discipline these two lawyers – summoned me back and said ‘Remember where you are!’ – meaning that he was the boss there. I said in my mind ‘You remember the seat/throne on which you are sitting’. To me that is the Throne belongs to the deepest believer in the law/s through which the subject matter is being heard.  Where a member of the Public practicing that law is a deeper believer – the person wearing the Judge’s clothes – is only a representative of that practitioner who is the true Judge. When Judges enforce their judgments in such courts – there is mental disorder to the followers of such judgments.

The Judiciary needs to first look into the mirror of Truth every morning – before coming to Court. Then the society they serve would not need a Mental Health Act but could keep the 1892 Act as Heritage. 

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