Gajalakshmi Paramasivam
17
November 2018
Constitution is
Dismissing the Lankan President
Sad
as it was to watch the rowdy conduct of
Sri Lankan Parliamentarians, we Tamils have gotten used to such in Jaffna
by the people, especially in front of the Jaffna Courts. The Government could
not bring that under control and we still do not know what level of fear factor
influenced the judgments in those cases. Majority rule brings Natural order only
when it is belief based. Where there is violence, one knows that the dominant
party did not act out of belief.
Adherence to the law is only the next best alternative pathway to order.
Yesterday
unarmed uniformed officers and staff of the Courts were seen to protect the
Speaker the Hon Karu Jayasuriya. As I watched the video – I stood up and with
tears in my eyes I said ‘thank you officers’. They are of my culture –
irrespective of which political side they had faith in.
I
asked myself as to whether we ought to have expected this? May be. I know we did not because we were able to go
about our activities with less anxieties. The war did not cure the weaknesses
in our society. Yesterday, I was counselling a family in Northern Sri Lanka,
where the wife separated herself and her three children from her husband because
the husband was accusing her of sexual relationship with her father. Knowing
the wife – I knew that that was not
true. A woman of loyalty to her marriage is the true measure. I heard from the
wife’s immediate family – that the husband was going about telling others that
he chased her away because she was not of good conduct. The husband had said
that the children were born to the father and that they were not his. There is no
way in that community in which one could externally prove this to be false.
There is no need to – because the wife is known to be of good character in her
community. But the husband did manifest the proof – that he desired such
freedom – so he could enjoy pleasures with a younger person – his wife’s sister
who is years younger than his wife. That disorderliness was part of his makeup –
in his genes. Whenever his mind is idle – he lets his imagination lead him. He
works and brings the money home. To his mind – as per its order – the pleasures
in return for sharing his income was to be determined by him. The gap is filled
by his imagination. I usually fill this gap these days with ‘food’. Imagination
– whether it is to elevate or depress is damaging to the brain.
The
above happened due to social separation of that community from mainstream. To
my mind, the problem that former
minister Mrs Vijayakala Maheswaran used to elevate LTTE was also due to this
separation from mainstream.
At
National level, the war crimes allegations against Sri Lankan Government appear
to have been ‘forgotten’. This morning a Tamil Diaspora leader linked us to the BBC article headed ‘Khmer
Rouge leaders found guilty of Cambodia genocide’ –
at https://www.bbc.com/news/world-asia-46217896
[For
the first time, two leaders of Pol Pot's Khmer Rouge regime in Cambodia have
been convicted of genocide.
His
deputy Nuon Chea, 92, and head of state Khieu Samphan, 87, faced trial on
charges of exterminating Cham Muslim and ethnic Vietnamese communities.
This
was the first genocide verdict given by the UN-backed tribunal on Pol Pot's
brutal 1975-1979 regime……………………
Why is the genocide verdict
significant?
The Khmer Rouge's crimes have long been referred to
as the "Cambodian genocide", but academics and journalists have
debated for years as to whether what they did amounts to that crime.
The
UN Convention on Genocide speaks of "intent to destroy, in whole or in
part, a national, ethnic, racial or religious group".
So
prosecutors at the tribunal tried to prove that the Khmer Rouge specifically
tried to do that to these groups - something some experts, including Pol Pot
biographer Philip Short, say they did not.
During
the trial, a 1978 speech from Pol Pot was cited in which he said that there was
"not one seed" of Vietnamese to be found in Cambodia. And historians
say that indeed a community of a few hundred thousand was reduced to zero by
deportations or killings.
Apart
from being targeted in mass executions, Cham victims have said they were banned
from following their religion and forced to eat pork under the regime.
The
verdict today may not end the debate completely, but victims groups have long
waited for this symbol of justice.
"They
brought suffering to my relatives" 72-year-old Cham Muslim Los Sat, who
lost many family members, told the AFP news agency at the court. " I am
really satisfied with the sentences."]
As highlighted above, Marriage between the more
orderly and the less orderly where the latter rules the former results in violence. Separation is one
way of preventing this.
The current problem within the Sri Lankan Government
was manifested due to Mr Sirisena being less orderly than Mr Ranil
Wickremesinghe. Mr Sirisena pointed to the Bond issue as the fault of Mr
Wickremesinghe. That is the parallel of the accusation by the husband. Whether
he believed it is proven by his conduct in the current matter.
If disorder in financial management is the reason
for Mr Sirisena to dismiss Mr Wickremesinghe, then one concludes that according
to Mr Sirisena’s belief – Mr Rajapaksa is a puritan in Public Financial management.
It is highly doubtful that majority Sri Lankans would identify with that
conclusion. The other allegation was about a Minister colluding with Indian RAW
to kill him. If he genuinely believed that to be the case he ought to have initiated
action to investigate – and do so
through DUE PROCESS – as any citizen who elected him.
I believe in the saying that Dharma protects those
who protect Dharma. On that basis – if the Constitution was respected and its
provisions practiced by Mr Ranil Wickremesinghe more than Mr Sirisena – and Mr
Sirisena interpreted one part of the Constitution – keeping in mind the
benefits to himself – then another part of the Constitution that is beyond his
control will raise itself to protect the Constitution.
Sri Lanka Guardian is calling for a Presidential
election to resolve this.
This has been widely shared within the Tamil Diaspora
also.
I appreciate the above call as a People’s choice – the parallel of the
medicine recommended by Mr Sirisena as per the express wishes of his group led
by Mr Rajapaksa.
But Section 38 of the Constitution provides for the
lawful alternative as follows:
38. Vacation
of office by the President.
(2) —
(a)
Any Member of Parliament may, by a writing addressed to the Speaker, give
notice of a resolution alleging that the President is permanently incapable of
discharging the functions of his office by reason of mental or physical
infirmity or that the President has been guilty of—
(i) intentional
violation of the Constitution;
(ii) treason;
(iii) bribery;
(iv) misconduct or corruption involving the abuse of the powers of
his office; or
(v) any offence
under any law, involving moral turpitude and setting out full particulars of
the allegation or allegations made and seeking an inquiry and report thereon by
the
Supreme Court.
Supreme Court.
A believer may or may not win – in a particular
institution through lawful process. But
expressing one’s true belief invokes the power of independence – as Gandhi demonstrated.
Gandhi was not fearful of being defeated by others because he did not have
anything to lose. Gandhi had everything to win. If the President does not
resign or call for Presidential elections on the same footing as his call for
Parliamentary elections – true parliamentarians committed to the Constitution
must seek his dismissal through the above provisions of the Constitution or
apply to the Courts on the basis of Article 9 of the Constitution.
The Constitution is not a substance to be
interpreted for once benefits. It is the Consolidated form of minds that
provide Order to a group.
No comments:
Post a Comment