Gajalakshmi Paramasivam

09 February 2017

The Common Mind

‘The Sirisena-Wickremesinge government in Sri Lanka will give priority to drafting a new constitution for the country over setting up war crimes accountability mechanisms like the Judicial Mechanism and the Truth-Seeking Commission, Foreign Minister Mangala Samaraweera said here on Tuesday.’  The New Indian Express

‘All my friends either in UK or in SL make me happy. that is why they are referred to as "friends".   I don't categorise them Indian, Sri Lankan, Sinhalese , Tamil or whatever because what matters to me is their friendship not their race, religion or other differences. I look at everyone as human beings.’ A Professional Colleague and friend

I responded as follows to the above:

‘In terms of relationships - you need some physical diversity to form relationships. As your friend - I do not need that. But then unless you show some interest in my current work I would not feel that I am needed by you. Hence I would live off our past commonness. The diversity makes the relationship interesting. So I would continue to see you as Sinhalese to the extent I present myself as Tamil. That opposition completes our contribution to satisfy the CURRENT needs of SRI LANKA which are far more important to me than my personal pleasures and pains.’

Truth without relativity is the basis of friendship. Where this Truth is given form, a new relationship evolves with that Truth as the base. If the environment that we are a part of does not need to see the various structures that we are part of – as family, as professionals and as citizens – we are free to remain within that friendship. But where there is such a need – in our home-environment friendships are luxuries that we cannot afford. When I learnt about Gandhi, excluding his friend Priest Charles Andrews from certain activities – I felt that that was not fair. But now  with deeper insight into the issue of self-governance at national level – I am able to appreciate that such is necessary when we are following the bottom-up pathway. The average mind cannot deal with two different looking rules at the same time. Hence there is need for separation at the Lowest Common Denominator within which one does not need to consciously calculate merit based credits and debits but could use the simple method of majority rule.  Within the Common base we are all Equals. Anyone who discriminates on the basis of diversity  and draws benefits as member of the Common Base – is guilty of false claim to hold that membership. In the above example, if I were claiming to have become  Sri Lankan through Sri Lankan Common Laws – then it would be wrong of me to claim that I am a Tamil  foremost. In other words whether Tamil is my first name or surname. Both are right for different persons but not for the same person at that time.

Yesterday, when the matter regarding our Brother Subramaniam Yoganathan’s Intestate Estate before the Jaffna High Court – the opposition lawyer said words to the effect that his side was seeking Certificates of Heirship only and not Administration because majority of the Estate was in Barclay’s Bank – UK and therefore came under UK Administration. The opposition counsel from Colombo, thus made the Jaffna Courts – Kangaroo Courts described as follows by Wikipedia:

‘A kangaroo court is a judicial tribunal or assembly that blatantly disregards recognized standards of law or justice, and often carries little or no official standing in the territory within which it resides. The term may also apply to a court held by a legitimate judicial authority who intentionally disregards the court's legal or ethical obligations.

A kangaroo court is often held to give the appearance of a fair and just trial, even though the verdict has in reality already been decided before the trial has begun. This could be because of the biases of the decision-maker, or because the structure and operation of the forum result in an inferior brand of adjudication. A common example of this is when institutional disputants ("repeat players") have excessive and unfair structural advantages over individual disputants ("one-shot players").’

The Primary Court of Mallakam was largely a Kangaroo Court due to legal fraternity taking over the case which earned reprimand from the first Judge – the Hon K. Ariyanayagam who pronounced on Australia Day 2012 – that he would not have the lawyers conducting their own Courts outside that Courthouse. That morning before leaving for the Courts – I paid my respects  to my Australian Judicial Ancestors who made it possible for me learn about the Common Global system in Legal Administration. When his honor spoke – I took that as the return for my investment in that system which has in Common with Sri Lanka, the British investment in Law.

The Colombo based Tamil lawyer seemed unfamiliar with the provisions of Thesawalamai – particular to Jaffna Tamils. As per my understanding the counsel said that his side  sought the  ruling of Northern Sri Lankan Courts due to the provisions of Thesawalamai. If that were the case – the Administrative ruling ought to have commenced by now in the UK – given their understanding that there was no reciprocal arrangement between the two nations. Where there is Commonness – such reciprocal arrangements need to exist to facilitate efficiency of process and economy of resources.

When we replace the parties concerned with the Sri Lankan Government and the Tamil Community – in relation to war crimes, one needs to ask the question as to the level of Commonness accepted between:

(1)    the  Tamil Community and the Sri Lankan Government – both sides being strongly influenced by their respective Customary Laws and habits.

(2)   The Sri Lankan Judiciary and the UN  or the country from which a particular ‘foreign judge’ comes.

Given that Lord Buddha is celebrated due to his discovery of Eternity – the provisions of Article 9 which allocates Buddhism ‘foremost’ status - need to have been set in motion by now, to discover the Truth that drove the manifestations during the war. To therefore allocate Truth-seeking mechanism lesser importance than giving form to a new constitution – confirms lack of faith in Buddhism as a pathway to Truth  and commitment to Article 9 of the Constitution. This confirms also that the laws through which rebels who acted as per their own True experience were morally wrong for Sri Lankans – be they Sinhalese JVP or Tamil LTTE. Unless Truth becomes the basis of our Constitutional changes – we would continue to be dictated to by the more powerful players – armed with guns and money power. Minorities are entitled to seek global support to maintain their Balance of Powers with the Government. That is essential in Democracy which requires equal footing on which merit based relationships are functional and effective or diversity is practiced.

Where the laws are Common we have the right to hierarchical relationships and therefore unitary state. When the practice seems similar on the outside – and we live in the same place,  we become two poles  repelling each other and making the nation revolve around its own axis. Then others would learn from us.  If there is to be a local inquiry into war crimes – the common intellectual value must be Equally shared by Tamils and Sinhalese or if it is taken as Terrorism – then between Government and the People. Where this is not facilitated – the new constitution is another way to distract the attention of weak investors in self-governance. Such will lead to ‘invasion’ of foreigners which has already started happening not only due to Government – but also due to those who fail to replenish the resources through which they made themselves comfortable and resort to presenting negligence as globalism.