Monday 16 January 2017

Gajalakshmi Paramasivam
16 January 2017

American Jews & Sri Lankan Tamils

A Sri Lankan forwarded to me a video ( about Zionist influence in America. I have heard from within the Sri Lankan Tamil Community that we were like Jews. Whether this is good or bad, I still do not know. But I do identify that excessive attachment to a particular Land leads to moving away from Sovereignty.  Money unconnected to Common Principles and Values – divides.
Recently, when discussing the Testamentary matter of my Brother in Law – Mr. Subramaniam Yoganathan of Vaddukoddai, a young Sri Lankan legal expert said that it would be fairly easy to get approval for Administrative Rights but not so easy for the approval of share distribution as per Thesawalamai Law. I said as far as we were concerned they were one and the same. The structure of Thesawalamai is part of Administrative rights. One without the other is disrespectful of Thesawalamai Law and therefore the intellectual capabilities of our Tamil ancestors. Without that higher thinking, Tamils do not have the right to claim Delegation on the basis of cultural diversity. Rebels who failed to pay their respects to our ancestors lost connection with the roots of the claim for self-determination. Every deviation from the core values of our customary laws leads to assimilation with one group or the other i.e. – Sinhalese on the one side or Tamil Nadu on the other.

In our above mentioned case – my husband is the youngest brother of Mr. Yoganathan who passed away in Vaddukoddai, in 2010. All except my husband are older siblings – one brother and two sisters. Mr. Yoganathan himself remained a Bachelor and as per Section 7 of Thesawalamai Law, his wealth – including his earned wealth becomes Muthusum/Heritage. Those who received dowry are not entitled to Muthusum. The two sisters claimed in Court that they did not receive dowry but only donation. The elder of the two sisters – Mr. Saraswathy Sabanathan wrote to Barclay’s Bank on behalf of all heirs. This information was withheld when her son asked my husband to write my husband’s share over to the two sisters. We were informed that the other brother Mr. Subramaniam Tharmalingam had already done so. My husband declined. When asked, Mr. Tharmalingam stated that he was asked to sign some papers and he did but without knowing the contents. He is married to the sister of Mr. Sabanathan.

To my mind, the way this matter is concluded would also go towards Tamil claim for Devolution towards self-determination. Upholding Thesawalamai values confirms our diversity. Without such diversity – there is no basis for   Vaddukkoddai Resolution 1976 through which Tamils claimed Independence from Central Administration. Practicing Thesawalamai values renders natural right to such a claim. Those Tamils of Sri Lanka who claim equal share of wealth as in Common Law system – are losing their connection to the root of our Diversity. The principle is that one who foregoes so others would live well automatically gets promoted to the higher position. Hence abstinence in Spiritual life. Hence to me – the ‘share’ earned by a son or daughter  who accepted and contributed to better living for his or her siblings – needs to be higher.   This is carried more by status first – as in surname and the balance through the residual money of the parents. Those who claim equal share are effectively voting in favor of Unitary State for Sri Lanka – without any recognition of cultural diversity.
In the case of my husband’s family – daughters were given dowry and greater efforts were made towards sons’ employment. The sister who wrote to Barclay’s bank was stopped from school to take care of homemaking activities. That sister was given dowry and continued to drawn on the resources of her brothers even after marriage. The other sister who is officially the petitioner in the above matter, did not make it beyond grade 10. At the primary level – the Tamil Courts did not see anything amiss with all this – confirming that they themselves have moved away from Thesawalamai which is the only system of law majority Northern Sri Lankans living in rural areas  have invested in. We have appealed the decision of the primary judgment and intend doing our best to ensure that the True value of the brother who passed away is upheld – through the law also.  I believe that Mr. Yoganathan who was largely self-governed, is owed that dignity including by the system of Thesawalamai.

Double dipping into Commonwealth – by one section automatically robs another of its entitlement. In terms of dowry – once the daughter is married – she is separated from the family so she would be free to include herself in the new system of her husband. I followed that system and helped my husband’s family. Had I helped my side of the family as a priority – then in terms of marriage – I am also following the General practice and not the Special diversity particular to  Sri Lankan Tamils. Jaffna Courts may or may not deliver as per Thesawalamai Law. If they don’t I would conclude that the Jaffna Judiciary would be better off with Unitary State structure rather than devolved structure which would isolate them without compensating vertical growth as specialists.

All of us carry intuitive connections through our investments in systems – beyond the call of duty. Where this intuitive power is weak – we need to have intellectual measures through which our brain structure is raised to the higher level. The higher the structure the stronger the commonness. Practice of  high order laws beyond the call of duty goes towards this intuitive power to connect to the roots where the motivational power resides. Hence root cause approach in problem solving.

Where Truth and Love are weak, we need greater investment in the higher intellectual pathway. If we limit ourselves to past practices while desiring to enjoy latest pleasures – we get scattered and become frivolous.  

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