China & the 6th Amendment
There are many pathways
through which we achieve a target. The effects may look the same but level of
the pathway we follow determines the depth and / or the width covered by our
work. A Tamil lawyer-politician recently stated that his party’s goal was the
same as that of the LTTE’s but that the
pathways were different. That would then make them each other’s opposition in
democracy. The family example is that we could have agreed to ignore
Thesawalamai principles and divided brother’s intestate estate equally – as per
the legal application made by sisters of the Deceased. The Northern Sri Lankan Courts
ruled on Common law basis to distribute equally – as if Thesawalamai did not
apply. The political version of this is that Sri Lanka is a Unitary State. The
above politician’s electorate is Vaddukoddai which is the same as that of the
family concerned. So far there has been no discussion on the validity of this
judgment delivered in Northern Province.
We did not appeal to the Supreme court. Instead, I wrote the book – ‘Jaffna is
my heritage and not dowry.’ That escalation happened because of our side’s
truth and genuine commitment to the path of law as interpreted by us and as ‘told’
by the courts.
That book is about how
I had the judicial experience in Northern Province whose then Chief Minister Mr
CV Wigneswaran was kept informed of our experience. By choosing to remain
silent Mr Wigneswaran and the above mentioned lawyer-politician have confirmed
the lack of commitment to democracy. During a recent survey by the media, an
American lady said that her vote was for Trump because of the positive
experiences she had under Trump’s presidency. That is also the way I would vote
– not just in elections but on continuous basis – which empowers or blocks the
leader through the system of truth. The most powerful of all is the vote of Belief.
When we vote on the
basis of belief – we actually vote for ourselves. The system of Truth carries
it to the top to deliver to us in one form or the other. Where a judicial
system is seriously damaged by falsity, this passage is hindered and hence
truth takes alternate routes including media and publishing. It never fails to
reach its destination which is the group bound by belief/sovereignty.
In our case the
destination was our diversity in Northern Sri Lanka where majority practice
Thesawalamai law – largely in terms of marriage and inheritance. To the extent
I was true to this law, those Ancestral minds guided me and I mind-merged with
the practitioners who had the need. In turn – the value of our Brother who
passed away – was escalated to the higher judicial level that we as a family
were capable of raising it to. This then becomes an actual governance structure
for that whole of Northern Province. This happens with everyone who is the
provider as well as the beneficiary. That is the true service to the Public.
In our family matter
the visible effects – monetary wealth - were the same as if we had consented to
equal distribution. But the pathway was different. We took the adversarial
position which upheld the Vaddukoddai Resolution of entitlement to Separation
of Powers which is different to ‘separate state’.
Recently, a Tamil
Diaspora professional forwarded a video clip regarding the separation of powers
between male and female Thookanang Kuruvi / Baya Weaver. The clip was sent to
explain the common reason for ‘divorce’. The presenter emphasises the nature of
male and female Kuruvis being different and how they do not interfere in each
other’s activities and live in harmony. The presenter states that one is not
equal to the other. I identify with this because logically, to be equal the
measure / law needs to be common. When the functions are not common, the laws
cannot be common. They are differently abled and are taken as equal so one does not take the other as junior.
Thesawalamai law thus
separates daughters and sons as two different groups. Daughters inherit from
mothers and sons from fathers. The inheritance includes the skills. In most
families known to me – women are primarily home makers even when they go out
and work. Yet, the Jaffna Judiciary – all males – who probably did not like my
show of independence, upheld common law outcome as claimed by the apparently
submissive female opposition who spoke
only as per their male lawyer’s coaching.
To truly claim
independent nation Northern Tamils have to confirm strong commitment to Thesawalamai
law. To claim a long history of Tamils living in Sri Lanka is the parallel of
Separate State as structured by militants. Both are physical realities. One who
practiced gender based diversity would naturally appreciate nationhood on the
basis of diverse culture.
The military would tend
to interpret Separation of Powers as Separate State. The intellectual would
read it as self-governance claim. The 6th Amendment to the Sri
Lankan constitution was introduced in 1983 to defeat armed militancy which
interpreted the Vaddukoddai Resolution 1976 as creation of Separate State. The
declaration happened through the democratic pathway. But the interpretation by
the militants was autocratic as per their pathway.
To the extent
separation is shown / claimed without majority folks being self-governing, we
are cheating ourselves and facilitating elected leaders to practice autocracy.
The result is division by the parallels of the mother in King Solomon’s legend ready
to accept half the body of the child.
Those who are truly nationalistic through any pathway would rather see the
child alive as another’s baby than have half the dead baby.
The Hindu order of
respect for elders – is in the order of Mother, Father, Guru & God. Mother
is the most visible and God is not visible. The parallel in government is Local
Government, Provincial (State in Australia) Government, National / Federal and Global. Global Governance
that is shown and seen is the parallel of State that is seen which
brought about the 6th Amendment to the Sri Lankan Constitution. Now
that China is being shown and seen more and more as part of Sri Lankan government – one is entitled to
conclude that Democratic Sri Lankans have reversed the karma of the 6th
Amendment on the Sri Lankan government itself.