Friday 8 May 2020

Gajalakshmi Paramasivam

08 May  2020

Coronavirus v Elections

One of Common indicators that we are no longer imprisoned by Coronavirus is the return to other forms of violence. Australia and USA have reported Racism. India is reporting gas leak in Visakapatnam and China is reported to be persecuting Christians. Sri Lanka is reporting violation of Due Processes in relation to Parliamentary elections. Like in the case of the Coronavirus, the causes in relation to these cannot be ‘factually’ proven. We work backwards from verifiable effects. When this is the case – all participants are responsible as a group. They carry the reasons confidentially – as indicators. This means that when there is no real separation they would naturally influence each other’s outcomes to the extent they keep their discoveries ‘confidential’.

I truthfully published my experiences at the University of NSW – and thus became independent of the weaknesses of the leaders of the University system. Likewise, against the Prime Minister through due processes. Due processes confirm common measure and hence they are just. They say ignorance of the law is no excuse - Ignorantia juris non excusat. Many pundits are discussing the adjournment of the Sri Lankan elections as per their interpretation of the Constitution. How much of it impacts the voter who has no knowledge of the law at Constitutional level? Despite the Constitutional crisis that we had in 2018, the judiciary ruled in favour of the Rajapaksas in relation to the Dual Citizenship matter. Unlike the lay citizen the judiciary has knowledge of the law. But often – clever lawyers influence the minds of the judges who are not committed to Judicial Independence.

The lay litigant is the best to escalate the ‘fact’ to Court level. But often judges who are used to hearing the voice of the lawyers find it difficult to connect to the language of lay litigants. Eventually, the truth of the litigant gets buried under the cleverness  of lawyers. But the committed litigant shares her/his experience with wider world and that is invaluable. To the extent it is true – it gets the support of Natural Justice which carries the Truth of all others in the issue – and this includes the truth of those who did not go to courts nor accept compensation or take revenge. That is a natural Human sharing.

The Australian Human Rights & Equal Opportunity Commission kept terminating my complaints under Section 46PH (1) (c ) – as lacking in substance. The Courts repeated it as per their own legislations. To my mind if there was evidence of loss by the litigant  then the complaint has substance. If the reason for the loss is proven to be on merit basis – then the matter goes no further. Where this is not the case – it is the prerogative of the victim to attribute the reason. Mine was that it was race based.

The civilian victims of the Sri Lankan war, likewise have the right to attribute their reasoning for their suffering. They carry the true power to govern themselves. When they do, instead of taking compensation – any government that obstructs it will get punished by natural justice/Dharma. To my mind it was this power that led to Tamils becoming the leading Opposition in National Parliament – in 1977 and in 2015. Rebels who take their returns at the lower level do not carry this self-governance power. Nor their heirs.

This power is the cause of the current turmoil in relation to the Parliamentary Elections. The Rajapaksas may still get the majority vote but they would not enjoy the sweetness of self-governance until they repent for causing pain to the civilians.

As in coronavirus – we have to wait for the outcomes to know the causes in Sri Lankan elections – due to serious lack of  knowledge of the relevant laws by the politicians.

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