Wednesday 21 September 2016

Gajalakshmi Paramasivam
21  September   2016

Land Recognizes – Not the Language but the Belief

I went early to the Courts. I had the choice of leaving home a bit late and catching a tuk-tuk but I decided on the bus as suggested by a young guy working for the Bank in town. He leaves home around 6.30 a.m. to be at work on time. Given that he had experience based wisdom in this – I decided on the bus. I was in the legal capital of Hultsdorf around – 7.15 a.m. for a 10 o’clock start. I sat on the platform around the big tree in front of the Courthouse and said my Hindu prayers – Kantha Sashti Kavasam. As I said to one of my juniors – a Muslim – recently, there are sections in the above prayer which mean no logic. They are just sounds – very like the Buddhist chanting I hear right now here at the Colombo   suburb of Dehiwela. But within me as per my experience – I believe that they have power when chanted/said and/or listened to with Belief. The older the prayer – the less the logic ought to  be. Its strength comes from having survived generational changes and not from the logic based merit.

A little after I completed my Hindu prayers – I noticed an old guy with a tray of prayer material including two lotus buds being helped by the Police to cross the road. I noticed the Police touching the tray to pay their respects. We Hindus have similar ceremony during marriage – when the wedding necklace and sari are taken around to receive the blessings of relatives and friends. The old person paused in front of me – as if seeking my participation also. I felt so very happy and touched the tray with deep respect – thanking Lord Buddha for protecting me in majority Buddhist areas – especially during the war. Later when I shared the experience with my husband in Sydney – he said that he also believed that Buddha was a Universal Power.

Inside the Courthouse – where I was representing  myself – I felt more at ease – even though as a lay litigant and a Hindu, I was a minority power. The young counsel assisting the senior Counsel – Mr. Faiz Musthapa P.C. was helpful in regards to due processes. Even though the hearing of the arguments were rescheduled due to changes in the Judge – I was granted approval to file my submission which included the arguments I was to verbally present yesterday. To me – there was cooperation at the level of process. This helps me feel the experience and on my way out – I thanked Lord Buddha again for the positive experience.

The final outcomes delivered by the Courthouse as it stands at the time of delivery may or may not uphold my merit based expectations. But the Experience is positive. The Land keeps the Magnetic Energy of true experiences. Whoever believes through any form – would invoke those Energies to complete their experiences.

As per the Daily News report ‘Power devolution to grassroots level : PM’ :

The Prime Minister said some people had tried to describe the singing of the National Anthem in Tamil as an unpatriotic move, but the father of the nation, late Prime Minister D.S. Senanayake had approved the singing of the National Anthem in Tamil. Now no one was critical of this move anymore.

On my way to the Court – when we passed the old Parliament House - I mentally bowed to the first post Colonial Prime Minister of Ceylon – the Hon D.S. Senanayake. Singing the National Anthem in the language of minority is an endorsement of Democratic Governance in a Multicultural society. A citizen should not need any approval to do so.  When a citizen does so – voluntarily – it is the duty of a Democratic Government to recognize such as a reward of good governance. A government that includes this bottom-up contribution through its own Due Processes – becomes stronger in Democracy and v.v. Back then – Ceylon was not yet Democratic in substance and hence may have needed the special endorsement of the Prime Minister. But after all these years – anyone who objects to such natural governance  being included in Due Processes at Government level – is confirming that they are weak in Democracy. By drawing on that ancestral power – the current Prime Minister – the Hon Ranil Wickremesinghe strengthening himself in Democracy. By expressing it in Jaffna Kachcheri – the Prime Minister was adding the strength of Democracy to Jaffna.

As per the above report the Prime Minister stated:

[A decision had been taken to take the system of devolution of power to the grass roots level by extending it not only to the Provincial Councils but also to Pradeshiya Sabhas and Town Councils.]
During meetings of our Sri Lanka Reconciliation forum, Sydney, Ms Senani de Silva – the wife of former Attorney General of Sri Lanka – Mr. Sunil de Silva – often expressed the above as her preferred form of Governance. Leading member of that forum – Dr. Gamani Goonetileke never missed the opportunity to highlight that I was serving at grass roots level. Gamani continues to regularly express appreciation for my service and I find this uplifting. To me the message from our group has reached the current CEO of the Nation – through the pathway of true belief – and this confirms that Sri Lanka is home to all of us. The Land tells us directly through our own form of Belief.
I was not present as part of the Administrative team in Jaffna when the Prime Minister made the above declaration. But I myself took/take  every opportunity to share my belief in Democracy in Jaffna and in particular at the Government Offices – including the Jaffna Kachcheri. Like in the case of the above matter for which I went to Court yesterday - the outcomes of that particular matter of Administration are secondary to this sharing of belief. Those who contribute to structures when they were active in Administration – would naturally progress to becoming owners to the extent they do not bring their contributions down to cost-benefit level.
The pathway through which we contribute is likely to vary in a Multicultural society. But the deeper our investment – the more common we become. The Prime Minister has confirmed that Buddhism would remain the foremost religion in Sri Lanka as per the Constitution. This is not in line with Democracy. But given that majority Sri Lankans – including Hindus and Muslims – are driven by rituals – in carrying forward the belief of their group – doing away with religion could lead to disorder especially in areas where there is little knowledge of secular laws. But the greater the importance to Buddhism – the greater the need for non-interference in institutions that are specific to non-Buddhists – for example the Uduvil Girls’ College – a Christian institute of education. Even when the institution asks for such – as the students of Uduvil Grils; College did  recently when they sought the President.
At grassroots level – most decisions are made as per our Belief. On that basis – when private organizations indiscriminately access public resources – as per their perceived status about themselves – they invite interference and act against the belief  of their own founders. Buddhism foremost at belief level needs to be matched with Equality in form – at the structural level.  That was how Tamils were promoted to Equal level in National Parliament as Leaders of Opposition. As I said to one of my juniors – when we complete our duty as per the  merit of the current position allocated to us and/or taken by us – and we continue to contribute beyond that duty – we own that institution forever. The land is a major carrier of this belief.
Those attached to benefits become dependent on those institutions / places and fail to contribute to this ownership Energy. A guy who asked me to help him collect some monies due to him said to me after I collected a major component – that he knew that the debtor would not return the money. I said to the guy – words to the effect ‘If you takeover the matter so you could claim that you knew how the debtor would behave – then I will give the matter back to you.’  Claiming credit that he predicted – is an expression of desire. When this is derived – he has lesser contribution to the collection of debt. If he valued the money as much as he stated he did – he would have buried such urges.
As per my experiences - the system of Truth manifests outcomes as per the net force at that time at that place. Some of these may seem unfair and unjust to us at that time – as I felt many times when I used the logic of my current positions. But now when I think back – and appreciate the urge I feel for Commonness – I appreciate that those manifestations helped me release myself from the current – so I would access the heritage of the institution to which I also have contributed. The mind must be cleared of all merit based expectations that are in conflict with our heritage based belief – so we would have the deeper ownership experience. As per my way – the debtor in the above matter is a lady who has contributed to family life much more deeply than the young guy who was owed the money. If I stressed her to please him – on top of him pleasing himself through credits allocated that he knew how that lady would behave – as if he was a pundit in human behavior – then – that would go against my own belief in the family system and therefore Dharma/Righteousness/Justice. Neither is related to me through any institutional structure. I need merit based express agreement or complete surrender (bottom-up devolution) by the junior for the experience and the outcome to be in harmony with each other.
Minorities seeking the involvement of Central Government need to surrender their powers in areas where the latter has more experience. We need to know ourselves and position ourselves accordingly to form the ‘right’ structure of our own heritage.
Talking of  juniors – who are driven by the desire to promote their status – Mr. Ravi Ladu - the author of the Ceylon Today article ‘WIGGY’S MYOPIC, INSULAR AND Convoluted Ideology’ states in relation to the Hindu Chief Minister’s call to strip the powers of the Governor :
[Instead of stripping the powers Wiggy should be much worried about the real difficulties in the Northern Province surfacing as we speak. When some of my journalist-colleagues met immediate past Governor of the Northern Province H.M.G.S. (Shums) Palihakkara a few years back he was emphasizing on the incapacity of public servants serving in the area. Thirty years of war has completely destroyed the intellectual cluster of the province hence unlike in other provinces a serious lack of competency, is existing in the province. Is it the Governor dragging the process or the incapacity of the public service? Ideally, Wiggy should be much worried about capacity building of the public workers rather than wasting time on actions to trim the powers of the Governor.]

Mr. Palihakkara came into my email list through my contribution to the stated purpose of the Friday Forum. It did not happen through conscious logic based actions. It happened through common belief – largely due to my own humility in taking low positions as allocated by members of such forums. But thus far Mr. Palihakkara, has not responded to any of my emails in regards to Democratic Public Administration in Jaffna – my hometown. Neither Mr. Ravi Ladu nor Mr. Palihakkara believe that they are home folks of Jaffna – due to birth and/ or culture. Neither knows anything about past Public Administration in Jaffna. It is true that the intellectual leadership we had when I was growing up is no longer visible in Jaffna. But the belief in such elders continues to empower those to whom Jaffna is ‘home’ – by birth and/or by migration. All that Mr. Palihakkara needed to do was to go to Nallur Temple on the big days of Nallur festival. People regulate themselves due to Belief in Nallur Murugan. Belief renders perfect Order. Nallur Temple is known for its reliable Administration. Any representative of the ‘Buddhism foremost’ Government needs to have the discipline to use Jaffna to express her/his quick, theoretical  merit based assessments to make a cheap buck out of the war.

The Prime Minister needs to note that in contrast – the Hon Wigneswaran – has called for the right kind of action – i.e.- Jaffna must not have a non-Hindu Governor. This needs to be included in the Constitution – under articles 10 & 14 of the Constitution. The imbalance through Article 9 – needs to be offset when devolution happens to the lower levels – where Belief brings about Natural Order and Harmony. The way the above writer has addressed the Chief Minister confirms lack of respect – because to such minds – there is nothing that Jaffna can give them by praising the people of Jaffna. So the other side of running down the People of Jaffna takes over cheap minds that look for faults when their own backyards are stinking. If as per their culture – they could call their seniors any name – that is up to them. But as per our Tamil culture – the current position needs to be expressly respected and the past contribution needs to be quietly respected and worshipped if we are to be empowered by Common Belief.   Even the LTTE followed these protocols expressly. THAT is Tamil culture. Others need to respect it or stay away from it – if they are to not act in breach of Article 3 of the Constitution which confirms:

[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 womb of Sovereignty is Belief. Even one Tamil believing in her/his ownership in Sri Lanka, would invoke the power to remove aliens – as Gandhi did in India. Mr. Palihakkara’s real position in Jaffna is ‘Agent of Central Administration’. The Central Administration does not have any authority to appoint a Governor in areas where non-Buddhists are in majority. To do so would be in breach of the spirit of Buddha Sasana as well as articles 10 & 14 of the Sri Lankan Constitution.  A Governor is part of the People through belief particular to that area. I am a natural Governor of  Jaffna & Vaddukoddai. One governing those areas cannot be one who causes me unpleasantness in the mind – including by talking to immature journalists who show poor grooming.

My yesterday’s submissions confirm my ownership in that home of law -  including through the following section:
 [  (i)   It is submitted that where the criterion used to claim Prescriptive Title,  is Independence– the credit points must relate to laws and principles independent of each other – as in Sovereignty – for example possession without any knowledge of the activities through the legal pathway and therefore like two diverse religions, the two never meet until they  complete their journeys to realize the goal of  ownership in Common.
(ii)                It is submitted that under those circumstances – one uses the property / facility without needing the endorsement of any other authority – including the officials of the government and/or the judiciary. It is submitted that the governing authorities need such owners to empower their own systems of Administration especially where there are wide gaps between theory of Law  and practice of Order. It is submitted that this is the reason why we have ‘user-pays’ facility  in the system of Democracy. Under this system one who has realized ownership as opposed to theoretical ownership has reached the destination of being one with the Institution / Nation / Land. Native Title Act 1993, came about in Australia under the leadership of Prime Minister the Hon Paul Keating after Mr. Eddie Mabo – an Indigenous Australian, fought to retain the Native Title to his Land on ‘Murray Island/Mer’ – overturning the previous conclusion that Australia was Terra Nullius. It is submitted that the parallel of Terra Nullius in Prescriptive Title cases is Abandonment of the Property by the legal Titleholder – which needs to be tested as per Legal pathway and not through ‘physical possession’ criterion. ]

Belief is Absolute Power and hence one who Believes should not be Administered. The laws must ensure that this fundamental value is maintained – especially in the Constitution – the mother of all laws. 

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