Gajalakshmi Paramasivam

2 October   2016

Choice Between Truth & Law

Today, is Gandhi’s birthday. Gandhi’s strongest weapon was Truth. Gandhi however accepted the punishment of those who used the law to find fault with him. Thus Gandhi brought their structure into himself but without reducing the status of his own Truth. The law by itself is not Truth. The extent to which we believe in the law is the Truth. When we find Truth through direct experience our true investment in Law would naturally merge with that Truth.  The rest is beyond our needs and carry the risk of being hijacked by abusers.

The difference between the LTTE led armed rebellion against the Sri Lankan Government of Sinhalese majority and the recent show of Independence by the Hon C.V.Wigneswaran through the ‘Arise Tamil’ rally is that the former sought an alternate government whilst the latter is expressing the Truth of those of his  natural culture – the ruling class of Northern Sri Lanka. Whatever Mr. Wigneswaran may do that may be interpreted by others as being ‘promotion of separatism’ – to the extent Mr. Wigneswaran lived as a Sri Lankan – his Natural tendency would be to protect that heritage for his heirs – biological and/or through  belief. Those who name it as ‘separatism’ – are reflecting their own fears.

In the ‘Ceylon Today’ article ‘Fragmented state of Tamil politics!’, Manekshaw writes:

[The Arise Tamil rally led by Northern Province Chief Minister C.V. Wigneswaran with the backing of the Tamil People's Council (TPC) in Jaffna and with the participation of certain members of the constituent parties of the Tamil National Alliance and Leader of the Tamil National People's Front (TNPF) Gajendrakumar Ponnambalam had brought the Jaffna Peninsula to a standstill last Saturday (24). The mass rally was considered as the biggest to be held in the North since the civil war came to an end in 2009.
From the time the mega hartal was staged by the Illankai Tamil Arasu Katchchi (ITAK) which is popularly known as Federal Party led by late S.J.V. Chelvanayakam in February 1961 to win the political rights of the Tamils, the hartals, marches, processions, black flag protests and hunger strikes had been the order of the day, most of the time, in the North and the East in the past.
However, only after the non-violent struggle of the Tamils gradually led to extremism, the Tamil leaders who were in the forefront of leading all sorts of non-violent protests realized they were playing with fire and caught in a dilemma unable to find the way out from the ruthless civil war which had crippled the North and the East completely for three decades.

1961 mega hartal

With the February 1961 mega hartal continuing for nearly two months creating obstacles for the civil administration in the two provinces, several of the young ITAK leaders of that time such as late A. Amirthalingam and former Batticaloa region ITAK stalwart Chelliah Rasathurai along with scores of Tamil political activists were taken into custody and detained at the Panagoda Army camp in the South.]

The author Manekshaw obviously is not Native of the Tamil Community. Yet – s/he is writing as if s/he is above Tamil leaders in mind-structure and is able to read and interpret the causal forces of their actions. Hence the conclusion:

[However, only after the non-violent struggle of the Tamils gradually led to extremism, the Tamil leaders who were in the forefront of leading all sorts of non-violent protests realized they were playing with fire and caught in a dilemma unable to find the way out from the ruthless civil war which had crippled the North and the East completely for three decades]

Recently, I noticed our 15 year old granddaughter protesting against some rules by her father – by stating that it was her ‘privacy’. I smiled knowing that that is not something our son would not have even thought of saying when he was 15. Later I said to our son that the young lady was an individual in her own rights and that he needed to respect that more in the democratic ‘environment’ that Australia is. I asked our granddaughter,  also privately,  as to whether she preferred to be under my management or her father’s. The young lady said that she preferred to be under my management because I let her do what she wanted to do. I smiled at that honest response and said to her that as my son her father  was put through much stronger discipline by the time he was her current age. I said she was getting only a small doze of what he got from me. I advised her to not resent it but to accept it as him sharing his mind-order some of which is inherited from us – his parents. The young one smiled back and I knew that she got the message intuitively due to her trust in her father who is always there for her during her time of need. I was able to interpret it for her because I myself was there for my children during their times of need – even though as they grew older – they did not ‘show’ their needs. But somehow I would pickup and be there for them – without allocating any rights or wrongs.

I therefore appreciate that Mr. Wigneswaran & Mr. Gajendrakumar are the media through whom leaders SJV Chelvanayagam and G.G.Ponnambalam are showing their heritage value added to Northern Sri Lanka. As per  my mind  as an insider – they never feared that they were playing with fire. They were confident in their heritage – SJV through Indian connection and GG Ponnambalam through British connection. The latter was able to bring the political prisoners out due to his deep investment in Common Law and his confidence that he was part of the ruling class of his time. To my mind, such protests and hartals facilitated expressions of dissent and prevented the bottling up of resentment in the minds that are driven by physical power. Consciously or otherwise that is exactly what Mr. Wigneswaran is doing. The Truth as I know it is that if resentment is bottled up – it becomes brutal force. Hence I conclude that Peaceful rallies prevent violence. They did that back then and they would continue to do so when the leaders are genuine.

It is for this purpose that countries dependent on migrants for development including through consumption of their produce, have policies that promote Equality and early manifestations of independent outcomes. Once we recognize Equality – we would naturally recognize the need to protect our own privacy and to not interfere in the privacy of others – even if they are our children. Where common principles are followed through a hierarchical structure – such as Master-Servant; Parent-Child – we relate. When such relationship is of our own free will – it promotes belief in each other. Once it becomes belief –relationship becomes Common Family and when one takes one position the other would take the other for structural purposes but they are really Equal in status. Every such completed relationship leads to heritage value for the place and time of completion.

Where Equality is declared at the early stages of relationship – one needs to use temptation through visible benefits or its other side – threats of loss of benefits - through  exercise of power. As my granddaughter highlighted – she would like my management because of those benefits. But we both know that once she takes the position of my daughter – I would be a much stronger disciplinarian than her Dad. Her Dad enjoys more freedom from anxiety than I did as first generation Australian without natural recognition of my overseas Professional qualifications. That is a comfort he shares with his children. He is able to because he values me as a parent. He would not if he considered me an Equal for Administrative purposes. That is the law of Truth.

The LTTE failed to appreciate the discipline of Tamil Political leaders who accepted the punishment of imprisonment. They failed because they declared themselves as Equals prematurely. Once we are Equals – majority power determines the leading position. The heritage is killed in the minds of those who take Equal position or worse higher position.

When the Sri Lankan President declared recently at the UN – that Sri Lanka was a Buddhist country and that other religions should also seek their solutions through their respective religions – he was revealing his Truth – that he found his solutions through Buddhism. Given that the UN is an Assembly committed to Equal Opportunity values – that was also a Declaration of Equal Opportunity for other religions to practice their own religious laws. Hence to my mind, the ‘Arise Tamil’ rally happened through that mandate by the President which authorizes ‘group’ power to practice ‘adverse title’.

Sri Lanka as a nation carries Prescriptive Ordinance that upholds belief above externally driven legal title. The basic principle is that one who owns through secular legal path only, is lesser owner than one who occupies physically due to the belief that the land is hers/his. The way to establish such belief is defined. Tamil parts of Sri Lanka where secular laws are ‘foreigners’ are owned by those to whom those parts have been ‘home’. Taken as a Province the religion of majority is the religion of that Province. When decisions made as per the laws of that religion become the law applicable to that Province. They cannot be overridden by any other religion nor by secular laws. Each religion is taken as being Equal and Sovereign within its own culture. One cannot overrule another.

As per the Daily Mirror report ‘Vandalising Buddist Shrine at K'kulam: CJ steps down from Bench’:

[Chief Justice K. Sripavan yesterday declined to be a member of the Bench hearing the fundamental rights petition on the vandalisation of a Buddhist Shrine at Kanagarayankulam in Mankulam]

Such a separation confirms respect for the Constitution in a democratic environment. Where Hindu values have been damaged and are seeking to be repaired under the leadership of Hindu leader – non-Hindus must step outside their position. This would then facilitate Adverse Position to be taken by those driven by current values and Independent rights to be shown by those who are long term believers including through belief in the ancestors particular to that area. This is the fundamental principle of Prescriptive rights underpinning title. Tamils cannot therefore be endorsed by Buddhists. Tamils have to make their own declarations. When such are true – they would not resist being arrested by those using secular laws. But they have the duty to resist those using other religious laws and their structures.

It is my understanding that the barrister for such a claimant of Prescriptive title – appearing against me the  lay litigant in my Colombo Land matter -  is Mr. Faiz Mustapha – the father of the Hon Faizer Mustapha P.C. – Minister for Provincial Councils. As per the ‘weekend Nation’ article ‘Playing foul or checking joy rides? Devolution of power hits snag in President and Govt vs PCs’  by  Ruwan Laknath Jayakody and Arthur Wamanan:

[A Presidential directive highlighting the State’s national policy with regard to the need for obtaining Treasury approval for future overseas travel of Provincial Councillors has caused a conflict between the Provincial Councils and the Central Government.

Minister of Provincial Councils and Local Government, President’s Counsel Faiszer Musthapha has already declared that Provincial Councils should adhere to the directive.
While acknowledging that the matter came under the purview of the Governors of the Provinces, he, however, noted that a Governor was the representative of the President.   When queried as to whether such a directive infringed upon the legal autonomy afforded to the Provincial Councils, Mushthapha said that since it was for the betterment of the Government and the country, there was no need to be bogged down in the finer points or nitty-gritty of questions pertaining to the powers devolved.]

The above confirms that the President’s Counsel failed to respect the autonomy of Provinces facilitated through the 13^th Amendment to the Constitution. The Provinces are the parallels of religions. Where belief is demonstrated – the custodian of law based power, who is either stronger believer in her/his own religion or is strong opponent of the religion of at least one participant – must vacate post to facilitate the delivery of Truth based judgment. This is the pathway of belief to gain prescriptive title which when claimed requires the legal titleholder to vacate position – as the Minister’s father is seeking in my matter.

But if the above account is true – then the Hon Faiszer Musthapha is acting in breach of the guidelines by the President, at the UN. Such members of minority would tend to fill the gap by becoming relatives of majority. Tamils have chosen to remain Equal Opposition and that needs to be respected by all concerned.

When working with the Tiger Administration under UNDP project – I was informed by a Diaspora leader from the UK - that they were wondering whether I was Gandhi or Krishna? No secular law could have led them to that conclusion. The Truth is I am a devotee of Krishna who was worshipped genuinely by Gandhi. Without Krishna the minority side during that time would not have had the confidence to declare war that would make them the rulers. Where minorities who wage war, win  through their  Truth – they are the real rulers. If they are committed to democracy they would  take opposition position in a democratic structure. If they seek autocracy they would seek separation so they could enjoy uninterrupted undisturbed physical leadership. Tamils who seek democracy as part of their governance structure will be satisfied with Opposition Position. A Government that recognizes this would lead the whole to harmony through the higher pathway of surrender that Lord Buddha showed us. Where the Government fails to recognize this Equal status – but keeps promoting itself as the holder of higher status – it becomes the initiator of divisions and separations.