Thursday 20 September 2018

Gajalakshmi Paramasivam

20 September 2018

No Ethnic Problem in Sri Lanka – then LTTE are NOT Terrorists

Recently, I had a discussion with a Vaddukoddai person about the difference between ‘Donation & Dowry’. The issue arose due to the testamentary case in relation to the intestate estate of my brother in law Mr Subramaniam Yoganathan. The sisters claimed they were NOT given dowry but received donation. My interpretation was that what was given was dowry and this has been upheld by many case laws in Sri Lanka.
Donation is lateral value on current merit basis. Dowry is of heritage value as per our respect for ancestors. By claiming that the wealth received from the custodian of common property – their father – was donation – the sisters were disowning their heritage of the minds that gave us the laws of Thesawalamai which clearly distinguishes between the pathways of sons and daughters.
Ethnic groups of different culture similarly carry different heritages and this diversity enriches the whole. It must however stand on its own rights – independent of other cultures. Dowry confirms independence of the women who go into another family. Those who valued diversity in their birth families would have little difficulty valuing such diversity in the families they marry into. Likewise,  members of communities valuing their own diverse cultures independent of other cultures – would carry that diversity structure in their minds when they migrate to other countries. Donation is a lateral exchange of current values and hence comes without heritage structures. Heritage confirms the mind of the ancestor raised to Energy level. Money is solid and stays where it is manifested.
Professor Channa Jayasumana of the World Patriotic Lankan Forum speaking at the UNHRC yesterday is reported to have stated:
[The Tamil Vellalar leaders aspired to be the leaders of the country under the auspices of the British. In 1931 the British introduced universal franchise and the Vellalar leaders found that they could not become the leaders of Sri Lanka. Then they wanted to become the rulers of the Northern and Eastern Province. This was the beginning of the separatist movement. Thus the Tamil separatist movement sprang up not because of any injustice to the Tamil speaking people but due to the fact that the Vellalar Tamils could not become leaders of the entire country. In 2009 the entire Tamil racist movement was defeated and there is nothing to talk further as the military solution given in Nandikadal is nothing but a political solution. Studying genuine history shows there is no ethnic problem in Sri Lanka.]

By his own admission, Professor Jayasumana confirms that Tamils had a caste based hierarchy. Vellalar are farmers. Nalavar are Toddy tappers. In a community where farming is valued at a higher level than Toddy tapping – it is natural that those in the farmer  group would tend to lead those in Toddy Tapper group – just as the elder sister in a family leads the younger sister. It is a structure related to work values. Now that I am part of that Nalavar community also – I appreciate more than ever the value of this hierarchy. During my recent visit to Jaffna – I pulled up a member of the leading family in the Toddy Tapper community in Vaddukoddai where the first political declaration of Diversity and therefore Independence was made in 1976, for neglecting family responsibility – especially in relation to his children, in preference to training his sports fans. This guy lives in the village of Thunaivi which is known as a Toddy tapper village. There are others of the same community doing largely similar work but living in areas that are recognized as ‘Vellala-areas’. Neither group is currently engaged in Toddy tapping work. But those who live in Vaddukoddai and other urban areas continue to recognize the hierarchy due to recognizing the older ownership by the Vellala caste. Their urge to progress is stronger than the urge of those who think they are leaders in Thunaivi.

Through Sinhala Only and other measures – Sinhala leaders also placed a ceiling on their learning from wider world. As a Vellala person I did not feel that Tamils wanted to rule over the Sinhalese. But Muslim Moghuls  did rule over Hindu & Christian Indians. Prof. Channa Jayasumana is listed as a member of the Rajarata University of Sri Lanka. The following is an excerpt about Rajarata heritage:
[In 1215, Kalinga Magha invaded Rajarata with an army of 24,000 soldiers. After the conquest of Rajarata, Magha established his capital in Pollonnaruwa. Then the Kalinga forces extended their power to the Malaya Rata. During the rise of the Kingdom of Dambadeniya under the king Vijayabahu III (1220-1224 CE), Magha lost the control of Malaya Rata. The native Sinhalese resisted the Magha's administration at Pollonnaruwa. The Sinhalese gathered around inaccessible towns, fortresses and mountains including Yapahuwa and Gangadoni under army generals including Subha and Sankha. Because of the rising threat, Pandyan troops established an administration centre in Jaffna Peninsula which was more secure and isolated by the impenetrable Vanni forest. Later Rajarata was annexed by king Parakramabahu II(1236–70). His power extended over Rohana, the central hills, Rajarata and the Vanni.[12]
The Sinhalese tried to re-establish the administrative centre in Rajarata but this never happened because of constant battles with invaders from south India. The administration centre was moved away from Rajarata by the Sinhalese. The defeat of Pandyan in South India in the rising Mogul empires weakened the Tamil power in Sri Lanka. The last Pandyan ruler of Madurai, was defeated and expelled in 1323 by Malik Kafur, the army general of the Muslim empire Delhi Sultanate.  The falling of Pandyan was a historical event that had a big impact for Sri Lanka.
It leads to following events:
·       Military rulers "Aryacakravarti" - who was appointed as minister of Pandyan empire - made the Jaffna administrative center independent from Pandyans and established the Jaffna kingdom and Arya Chakrawarthi dynasty.
·       The Tamil lost power in the Vanni and they withdrew from Vanni to the Jaffna Peninsula.  The population was very low in this area until the British started the Tamil Colonization south to Paranthan.
·       Area below Vanni forest stabilized under Sinhala Kingdom] Wikipedia

If Prof. Channa Jayasumana had used current merit based measures to ‘judge’ Tamils – the Rajarata heritage would be passive. But the moment Prof. Channa Jayasumana used Tamil Vellala measure – he awoke the heritage of Rajarata to which Tamils contributed strongly.

By awakening ‘desire to rule’ – as a Tamil desire, Prof. Channa Jayasumana awakened also the ‘fear of being ruled’ in himself. It was fear that was speaking at the UNHRC which does not have a mandate to hear and judge on the basis of  heritage. As a global organization it has the responsibility to use current measures. If that is done in good order – the heritage value would also confirm and support that judgment.

As per News first report:

[Leader of the Opposition R Sampanthan has requested President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe to grant an opportunity to discuss the release of Tamil political prisoners.
The Opposition Leader made this request in a letter directed to the President and the Prime Minister.
The letter stated that decisions reached during the last meeting with the President have not been implemented yet.]
If there is no ethnic problem in Sri Lanka – these prisoners are not political prisoners but ordinary criminals. To the extent LTTE and other Rebels were empowered by their ancestry – they are immune from prosecution through current measures that do not descend from that ancestry. If they are not political prisoners but are ordinary criminals – then they need to be tried as per objectively measurable evidence and not because they were part of the LTTE or other Political group that confirmed empowerment by   heritage.

The Prevention of Terrorism Act 1979 is an example of a law based on fears of the past, invoking the Truth. Below are some details published by Wikipedea with which majority Tamils would identify :

[Elements of the Act
Under the PTA of Sri Lanka, a person can be detained for periods up to 18 months (renewable by order every three months) if the Minister has reason to believe or suspect that any person is connected with or concerned in any unlawful activity. Unlawful activity includes even pasting posters on walls, and is punishable with death.
Offences not known to ordinary laws of the country were also introduced. For example, if a person knows the whereabouts of terrorist (terrorist not defined in the Act.) and if such person fails to inform the Police he commits an offence punishable with a minimum 5-year jail term. If the "terrorist" stays with any person for a night such person is guilty of harbouring, punishable with a maximum of twenty years' jail.
 Operation and treatment of Tamils
Although the Prevention of Terrorism Act refer to the whole of Sri Lanka, its application has been reserved for the Tamils and particularly the Tamil youth. Ever since its enactment in 1979, scores of Tamil civilians from students to humanitarian workers have been brutally oppressed and systematically tortured under the act, and many of them have also been killed.
There has been ridiculous instances when Judges of Courts have ordered detenus were taken to remand prison, their names entered in Prison Registers and then the provisions of the PTA invoked and the detenus brought for torture to Army Camps. For the operation under this Act normally army camps were used for detention and they were notorious for their "torture cells". In one Army camp they had even built in rings and other implements for torture.
To this day, the act continues to be in operation in the North and East by which the state continues to oppress the Tamil population in the country.]
As per the above, a politician – say for example the Hon Sampanthan – could be arrested if his excellency Maithripala Sirisena had reason to believe that Mr Sampanthan was connected to the pasting of posters in support of  Mrs Vijayakala Maheswaran’s awakening of the LTTE. Mr Sirisena would have reason to believe is his mindset was of  a structure where Tamils and Sinhalese were enemies – as they were when Indian Tamil kings invaded Ceylon. In essence Tamils are left to the mercy / goodwill of Sinhalese interpretation of the law and not their own. This injustice would continue – so long as the past is invoked in support of one who belongs to one community only.
The way out is to consciously and expressly use current measures and apply them purely on the basis of current actions. As per ABC report Sri Lankan student studying in Australia has been arrested on such a basis:
Where the Australian Authorities are not conscious of the eyes of the world observing them – they are likely to decide subjectively. The Sri Lankan government has a track record of not being conscious of the global community. The question I ask is – how many non-Tamil Sri Lankans protested when Tamil youth were killed based on the fear of the soldier ? I have shared in the experiences of medical students who witnessed their colleagues being shot dead purely out of suspicion in the mind of the unsupervised soldier. The common law must become our supervisor when we act independently and lack common belief with the person whom we are punishing. Otherwise – the Truth invokes Itself when a common person feels the pain as if s/he has been damaged by an individual who is not common to both. A Sri Lankan can invoke the powers of Truth against a Sinhalese nationalist or a Tamil nationalist in Sri Lanka. In Australia an Australian will invoke the powers of Truth against  White nationalist or Indigenous nationalist. It is not easy to become common. But when we do become common we confirm a higher mind structure than individualists / culture based nationalists. Whatever we do as per that structure would benefit the whole.

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