Friday 10 June 2016

Gajalakshmi Paramasivam- 10 June   2016

Common Minorities have Equal Rights

Since returning from Sri Lanka, after a spell of about a month and a half, I have been focused on preparing my arguments in the case regarding my land in Colombo. The ruling in the District Court was unfavorable to me and the matter is at Appeal stage. It has been since 1999. At this point – I appreciate the greater value of Common Application rather than personal outcomes. I was so strongly  focused that I did not attend to even the problem with my bigpond email account. The more I went into my case – the more I appreciated the Sri Lankan ethnic problem also – as if I was the problem. When I own the problem I already have the opportunity.

I discovered through this latest research, that Prescriptive Rights in Sri Lanka are necessary where the Common Legal pathway is not accessible to the less educated person without the monetary resources to buy the legal expertise. Prescription Ordinance is the parallel of Article 9 of the Sri Lankan Constitution through which Dharma (Righteousness) is facilitated throu8gh Buddhist pathway. The structure of Article 9 however is, incomplete and is therefore inappropriate in Democracy.

Then this morning, for the first time since returning from Sri Lanka, I felt the urge to read the Sri Lankan news. There it was – the very confirmation I needed in terms of Time & Place being reservoirs of Energy. Wherever, whenever,  Truth is manifested the place and time get empowered. All those to whom that place is home – are empowered by that Truth. All those who believe in someone who gave form to Truth at that time are also empowered by that Truth. Those powers would never be in conflict with each other. The article through which the confirmation came is ‘Tamils have right to self-determination – Sampanthan’ published by Ceylon Today:

Opposition and Tamil National Alliance (TNA) Leader Rajavarothayam Sampanthan recently said, the Tamils were a unique race and had historically been living in the country's North and East.
Sampanthan was speaking at the ITAK office premises, in front of the Athiyadi Pillaiyar Temple, in Vaddukottai, at a meeting organized by TNA parliamentarian E. Saravanabhavan.
He said, “We (Tamils) are a unique race. We have been living in this country, historically, in the North- East and have the right to self-determination. Those need to be recognized.

The parallel of this in my Colombo land matter is the claim by the physical occupier – a Sinhala Buddhist – that he owned the land by physical possession over a time period in excess of 10 years which included the years of war during which my Attorneys were unable to physically inspect to secure the land from Trespassers. In that matter that Sinhala Buddhist is the parallel of Mr. Sampathan claiming the right to self-determination based on physical occupation of North & East of Sri Lanka which claim was ‘possessed’ by armed rebels led by the LTTE.

As a Sri Lankan lawyer, Mr. Sampanthan would be able to identify with the need to satisfy ‘ownership rights’ through physical possession, required as follows:

1)      Undisturbed and Uninterrupted Possession over a stipulated period
2)      Through a Title which has to be
3)      Adverse to OR Independent of the Documentary  Title holder using the legal pathway.

My interpretation and application of this principle of ‘ownership by possession’ which is what ‘Sinhala Only’ and ‘Tamil Only’ in Sri Lanka and ‘White Only’ in Australia is explained through the following excerpt from my draft submission to the Sri Lankan Judiciary:
[It is submitted that where a claim is confirmed/proven  on the basis of evidence, the return pathway is also valid.  The evidence is the visible and/or known part of the claim. The unseen soul of the claim is the Belief. One could therefore start with the claim and end up with the evidence or v.v. The two would be in harmony where the claim is valid.

The validity of this is highlighted as follows by Hon Justice Saleem Marsoof, P.C., J.  in Storer Duraisamy Yogendra  &  Balasubramaniam Thavabalan  Vs. Velupillai Tharmaratnam:

The decision of five judges of this Court in the Rajendran Chettiar case is not only binding on this Bench as it is presently constituted, but also reflects the practice of Court both in England as well as in Sri Lanka. As Lord Denning, M. R. observed in Salter Rex and Co. v. Ghosh [1971] 2 All ER 865 at page 866 – “Lord Alverstone CJ was right in logic but Lord Esher MR was right in experience. Lord Esher MR‟s test has always been applied in practice.”
It is submitted that the above principle applies also in the case of Prescriptive Rights – where the Absolute value of Belief would have developed through an independent pathway, is respected and recognized as being of higher value than the legal title which often includes theory which may not be applicable to local environments. It is submitted that Logic is relative whereas Belief is Absolute in value.
To be accepted at that level – pure of relative logic – Belief needs to stand on its own rights and not be relative to the logic of any alternate system – in this instance legal title. It is submitted that to be entitled to ownership through the logic based legal pathway – one does not need Belief. Knowledge that one has satisfied the requirements of the legal pathway alone is enough.]

One who relies solely on experience – has the authority of Truth to claim the right to Self-Determination through a pathway Independent of the legal pathway. That is the Spiritual pathway. One who relies on theory / law – common to a group – on the other hand needs to demonstrate the ‘other’ side – Adverse to the positive side. The Tamil Tigers  who did not have much investment in the Common pathway chose the pathway of Independence and hence demanded total separation including by blocking the Tamils voting in the 2005 Presidential elections. The current Chief Minister of Northern Province is following along that pathway of Prescriptive Rights which replaces the investment he made in the Common Sri Lankan pathway. The problem with this pathway is that it isolates Tamils who lack belief that   they are Tamils. They  therefore tend to stay within that area – as did the lower caste who eventually disenfranchised themselves through separation – as good example of this being the village of Thunaivi – not far from the very place - Athiyadi Pillaiyar Temple, in Vaddukottai, where Mr. Sampathan made the above claim. Relative to those who chose to go outside Vattukottai – those in Thunaivi and indeed Vattukottai itself – have shorter visions. Similarly – relative to those who have gone outside Northern Province, those in Northern Province have shorter visions. The reason is that they are attached to ‘outcomes’ rather than ownership of the structures, to become the very forces that drive the system of karma – which satisfies all just laws.

As part of the Sri Lankan Parliament – Mr. Sampanthan has the DUTY to take his position of Opposition,  Equal to the Prime Minister. To my mind, Lord Krishna said to do our Duty for this reason. The position taken defines our duty relative to others in the structure. One cannot have duty through one system and claim ownership through another system. To claim Prescriptive Rights over Tamil Homelands, Tamils must renounce their positions in Common Sri Lanka. Until then they would not be able to endorse themselves as Tamils only.

The physical pathway was taken by the LTTE and other rebel groups. Had they been left to their own claims – to run independently - they would have been harmless. But they were given opposition through the political pathway. They were born due to educated Tamils reacting to ‘Sinhala only’. To remain at Political level they had to be limited to ‘Politics only’ – which means each one has her/his say for her/his own sake. But where one says ‘yes’ and the other says ‘no’ – they form each other’s other side. That is what Sinhalese and Tamils have become at the political level. Where the two opposites are Equal in power – they form wholesome picture of ‘physical possession’ – of Sri Lanka in this instance. Where majority Sri Lankans are of this category we would continue to witness internal conflicts. This is the force that Mr. Sampanthan has contributed to.

Mr. Sampanthan then loses power to take the position of Equal Opposition to the Prime Minister in Sri Lankan Parliament – a job he got not on merit but due to those of us who truly completed our experience as Sri Lankans. I believe I am one – and I realized this when I upheld my Sri Lankan qualifications as my highest when challenged here in Australia by those in ‘White Only’ culture. I even went to prison in establishing that ‘ownership’. That is the higher, inclusive pathway to ownership which did not need me to be physically occupy North and East in Sri Lanka. But given that my Accounting ancestors were British – I was also attributing to wider world through Sri Lanka. That is the way of integration which is healthy for Australia. To me it was not about getting a good name from those above me in status. It was about MY AUSTRALIA – however tiny that space physically may be. By attributing credit to my professional ancestors – I invoked the absolute power of all true contributors to that heritage and also connected to the genuine current practitioners of that system. That is the way of the true believer.   

The very mind structure that Mr. Samapathan has developed through investments made though the system of Law – also have their origins outside Sri Lanka. If he does not need them – he must expressly and overtly renounce the positions earned through claims of investments in those systems and live exclusively in Trincomalee. By taking his position as leader of the opposition in Parliament – he is representing those ancestral powers that helped us promote ourselves to leadership positions in Common Sri Lanka – especially during British rule.

I have learnt through my own experiences that when we are true to ourselves the shortage in Space / Bodies is more than compensated by the expansion of Time. One who is attached to the physical would have difficulty in moving to the less physical relativity of the time system. Hence the downfall of the Sinhalese in Parliament despite their majority power as a race. That is the ‘built-in’ judgment power. The more Mr. Sampanthan promotes ‘attachment’ to Tamil areas but without Belief – the more isolated Tamils who follow him would become. Leaders in free environments infect those who abuse Independence towards premature ‘freedom’.

To become eligible to Independently govern themselves, Tamils have to first follow the laws of the Common system through which they make the claim. When they go beyond that system and uphold their independence – they need to be seen to be Above that system and not part of the very system they are claiming to be independent of. Truth is the only power that drives that highest system of all. Mr. Samapanthan needed to play the role of Governor in a Political environment and needed to help the folks of Vattukottai see themselves.  

The system of Truth answers to the call of every believer. Hence the power of One. Power of minority also is raised to Equal level due to one being true to oneself. Tamils have to be true to themselves to have the support of  the system of Natural Justice and not reduce their claim to smaller areas to ‘show’ power. As leader of the Opposition in the Common Parliament of Sri Lanka – Mr. Sampanthan ought to now focus on getting the wording for an Article Adverse to Article 9 which places Buddhism as the foremost religion. The wording needs to be to the effect that:

 ‘those who follow  Buddhist, Hindu, Christian, Muslim religions need to be facilitated to follow their own religious pathways to uphold Dharma.

Then there needs to be a Legislation parallel to that of Prescriptive Ordinance. This Legislation needs to state words to the effect:

when a person/group who by longstanding practice (time to be specified) of a religious law claims right to self-determination  through such law – Independent of the Common system – such right shall be recognized as being Equal in status to that  of the status rendered by Common Law

For the rest – Mr. Sampanthan needs to use his Position and practice Adversity at Equal level to the Prime Minister - to confirm Diversity – not just by Tamils but by all minorities in Common. That duty must first be satisfied to earn the eligibility to contribute to Constitution making/amending.

Ownership makes its own calls and Sri Lanka made that one on me  again today to educate Tamil leaders. The kids from schools around that area where Mr. Sampanthan spoke – come eagerly to our Coffee-Shop to buy toys and books – mostly used toys and books and also to enjoy the cake, jelly and pop-corn. At that moment – I forget the ‘costs’ to us but sell the goods at a price affordable by the students. That is the business parallel of ‘Adverse to’ Opposition. The joy of the students then is shared by me and I am never too tired to make the cakes, the jelly, the pop-corn nor to clean the place to reflect Australian standards of hygiene. Had Mr. Sampanthan likewise forgotten the ‘cost’ of his national status – he would have enjoyed the experience of  social sharing with Our Vattukottai whose mind has accommodated Coogee (NSW Australia)  values, leave alone Colombo values. We need leaders who have the ability to develop Common Values and not lead us to further isolation. The price paid by Vattukottai for accommodating the Vaddukkoddai Resolution in 1976 is this isolation. Ask any educated leader of 1976 Vaddukoddai to measure today’s Vaddukoddai and the above would be confirmed. Most members of the Diaspora of Vattukottai origin have abandoned Vattukottai except to claim credit in their new social circles. Some  come there, get some credit by spending money – largely in Temple buildings and structures – and take that credit back to their new social circles. Poor Vattukottai!

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