20 December 2021
ETHNIC ORIGIN
‘The debate on the inclusion
of religion and ethnicity in Sri Lankan birth certificates has been persistent
while many welcomed proposals to include the term ‘Sri Lankan’ as opposed to
ethnicity and religion.
Previously there were
reports that ethnicity, religion and marital status of parents will be removed
from the new birth certificate but was rejected by Registrar General N.C.
Vithanage who stated that while regulations on not including the marital status
of parents could be proceeded with, the requirement for race or ethnicity will
continue’ – Ceylon Today article - Is
Change Accepted?
This is an Administrative process. Who we are
as per our own experiences is the ultimate declaration of belief. Until then –
these processes are for the purposes of bringing about institutional
connections of the mind. Common laws and rules facilitate this.
When we have too many subgroupings it dilutes the
power of Opposition needed in democracy. Hence Tamil or Sinhalese ethnicity makes
sense. This is also facilitated through the 13th Amendment to the
Sri Lankan Constitution. In his article
‘Indo-Lanka Accord,
13th Amendment and the Tamil March of Folly’ DBS Jeyaraj states:
[ A news report filed by “The Hindu”s Colombo
correspondent Meera Srinivasan provided pertinent details of the Colombo
meeting. Here are a few excerpts -
“India has repeatedly asked the Sri Lankan leadership to ensure the full
implementation of the 13th Amendment. While Colombo has in turn given many
assurances to “go beyond” the legislation, to ensure meaningful devolution,
“that has not happened so far,” said senior Tamil politician and Tamil National
Alliance Leader R. Sampanthan. “We have gathered today from different political
parties to discuss the situation. We exchanged our views on the subject, and
will be taking this discussion forward,” he told a press conference, following
the MPs’ meet at a Colombo hotel on Sunday.”]
Does India have rights over Sri Lankans? If
the answer is NO – why did India have to sign an agreement? Given that it was signed one needs to ask whether
that is morally valid. This question needs to be asked especially due to Easter
Bombings and the indicated connection with ISIS.
Politicians like Mr Wigneswaran are claiming
Genocide while having done very little to improve Judicial Administration in North
where he was Chief Minister. Yesterday I
wrote yet another letter – this time to the Public Trustee , in which I stated as
follows:
[Administration of Justice Law (No. 44 of 1973) - Sect 276
Public Trustee to be sole competent authority in
testamentary matters
|
276.
It is hereby declared that the Public Trustee of Sri Lanka shall be the sole
competent authority-
|
Your early
response would help us initiate legal action when we are in Sri Lanka in
January.]
Our Colombo lawyer
highlighted that the above law was no longer applicable. I then wrote:
[As
a lay person, I was not aware of this. But to my mind, as per the laws of Truth
/ Dharma – the spirit of those who did practice that law brought this out. That
mind of your professional elders including yourself to the extent you respect
yourself are in Section 526 of the Civil Procedure Code which is commonly
applicable to all Sri Lankans. The law in that matter was Thesawalamai law
codified in 1707. As per my understanding - The Administration of Justice Law
was enacted in 1973. This is like the a Great grandfather being supported
by a new born baby. The direct application of any law ceases within one
generation. Beyond that it is the spirit of the law that works. To invoke that
one needs true belief. This applies to religious laws also.]
The
13th Amendment, like Buddhism Foremost article in the constitution
is for Government purposes and not for the People. The People are largely
unaffected by both. But they helped the Indian and the Sri Lankan governments ‘find
fault’ with each other. Now that the ethnic issues have escalated to global
levels these two have become dysfunctional.
As
per my experience, if we develop Federal structure, when would happen to
Customary laws such as Thesawalamai law? Indigenous folks continue to need them.
If Indian intervention was needed – then it confirms that the Vaddukoddai
Resolution 1976 was false. But that declaration was homemade and this was
confirmed through 1977 Parliamentary elections through which Tamils confirmed
their Equal Opposition status. But the then President took it as the gods
giving him the mandate to rule as king and hence the Executive Presidency which
effectively took us back to the hierarchical system. That naturally blocked the
path of democracy and resulted in Reverse autocracy by the unregulated mobs. We
continue to suffer due to Reverse autocracy under cover of Democracy.
Given
that we do not have a firm position about ourselves, others with vested
interests invade our idle minds and thus was born the 13th
Amendment. More than three decades later
we know that no one has expressed a NEED. Is India genuine in making out that
it is essential for harmony in Sri Lanka and does so despite the Independent
outcomes we have delivered as Sri Lankans? Which Indian leader is Common to both
nations? That leader has the power to being about a merger. But such a leader
will not ‘Tell’ Sri Lanka what to do.
One of the names mentioned in my communication
is the Jaffna Mayor Mr Visvalingam Manivannan whose proficiency in Civil Procedure
Code common to Sri Lankans is so weak that he would be open to Indians or Chinese
making the rules for Jaffna. According to Ceylon Today – The Chinese Ambassador
visited the Jaffna Library and was
accorded a traditional welcome. Mayor of Jaffna V. Manivannan was present at
the welcome reception organised for the Envoy.
This confirms that both Indians and Chinese are
taking turns to enter the weak politicians in North who have no identity of
their own.
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