PTA
& MARRIAGE LAWS
Item 9 in the list of Don’ts from the directorate of our group of Volunteer Tutors included the
following:
UNDER
NO CIRCUMSTANCES SHOULD A TUTOR OFFER ANY FORM OF FINANCIAL FAVOUR TO THE
STUDENT OR THE STUDENT’S PARENTS AND OR SEND ANY MATERIAL GIFT WITHOUT THE
EXPRESS APPROVAL OF THE PROJECT DIRECTOR
This reminded me of my own reputation in Northern Sri
Lanka – of not giving anything ‘free’. I
therefore responded as follows:
‘I feel that item 9 is essential and confirms your
wisdom in teacher-student relationships. Any form of handout, including
knowledge, damages the relationship. The structure is not ours to do as
we please.’
The Northern Tamil community of Sri Lanka is bound by
its on cultural structure. Anyone who claims to be leader of the whole – has to
climb through that structure and declare their leadership once they have
mentally reached the top. The best example of this known to me is the
Vaddukoddai Resolution 1976, by Northern Tamil Politicians. Its validity was
confirmed through the 1977 election outcomes through which the leading Tamil
political group became the leading Opposition in National Parliament. This
confirmed that we Tamils were capable of working the Political structure developed
by our ancestors.
But lower level investors in that culture resorted to ‘show
& tell’ and hence the armed rebellion led by the LTTE. By killing the Tamil Political leaders – the LTTE
and its heirs were disowning our political heritage.
The Guardian article ‘Tamils fear prison and
torture in Sri Lanka, 13 years after civil war ended’ at https://www.theguardian.com/world/2022/mar/26/tamils-fear-prison-and-torture-in-sri-lanka-13-years-after-civil-war-ended
, presents the
following reality:
[In recent years some of the worst abuses that
were rife in the years after the war, from white-van abductions, torture and
sexual crimes against Tamils, have abated. What never disappeared was the
draconian Prevention of Terrorism Act (PTA). Since it was passed in 1979, the
PTA has been a stain on Sri Lanka’s human rights record, enabling arbitrary
arrest, detention without charge or evidence, forced confessions and torture of
anyone suspected of terrorism.]
If the above was against Tamils only, then it would be
an unjust law – as unjust as the Christian only marriage act of South Africa
against which Gandhi organised the folks to protest:
Excerpt from The Selected Works of Mahatma
Gandhi (Vol. II)
Many married men came to South Africa from India, while some Indians
contracted a marriage in South Africa itself. There is no law for the
registration of ordinary marriages in India, and the religious ceremony
suffices to confer validity upon them. The same custom ought to apply to
Indians in South Africa as well and although Indians had settled in South
Africa for the last forty years, the validity of marriages solemnized according
to the rites of the various religions of India had never been called in
question. But at this item there was a case in which Mr. Justice Searle of the
Cape Supreme Court gave judgment on March 14, 1913 to the effect that all
marriages were outside in pale of legal marriages in South Africa with the
exception of such as were celebrated according to Christian rites and
registered by the registrar of Marriages. This terrible judgment thus nullified
in South Africa at a stroke of the pen all marriages celebrated according to
the Hindu Musalman and Zoroastrian rites. Many married Indian women in South
Africa in terms of this judgment ceased to rank as the wives of their husbands
and were degraded to the rank of concubines, while their progeny were deprived
of their right to inherit the parent’s property. This was an insufferable
situation for women no less than men, and the Indians in South Africa were
deeply agitated.
According to my usual practice I wrote to the
Government, asking them whether they agreed to the Searle judgment and whether,
if the judge was right to interpreting it, they would amend the law so as to
recognize the validity of Indian marriages consecrated according to the
religious customs of the parties and recognized as legal in India. The
Government were not then in a mood to listen and could not see their way to
comply my request.]
By becoming De Facto group, the LTTE had its own
laws – including for marriage. This then nullified the rights of lawful
marriages. Likewise the laws in relation to fighting against the Sinhalese
government.
Laws lead us to Truth structured at the higher level. The
risk of lower level interpretation is high if we separate and fight not for the
whole but for only a part. Recently this was confirmed by me in the case of a
book, purported to be about a true LTTE combatant:
‘War Journey By
Malarvan: Diary of a Tamil Tiger’
Bittersweet, fresh and
lyrical at times, War Journey is a testament to the Tamil longing for a
homeland and the wider conflict that once engulfed the island.
The child you threatened once, the young shoot you stepped on, the Tamil you
teased, is standing with a gun in front of you.
This short diary was recovered from Malaravan's kit after he was killed in
action in 1992, when barely twenty. In it, he recounts his unit’s journey to
Maankulam, the islands granary, to fight a critical battle where they routed
the Lankan military. The LTTEs planning and tactics, the fervour and
camaraderie of the young Tigers, and the actual combat are minutely chronicled.
As a foil to the violence, Malaravan brings out the beauty of the Tamil forest
and countryside and the humanity and support of the common people for them,
despite their suffering under army rule. ]
To one who promoted the book – I wrote at group level:
[If Xxxx does believe then in the passage ‘The child you threatened once, the young
shoot you stepped on, the Tamil you teased, is standing with a gun in front of
you.’ the
perpetrator must be a Tamil, because Malaravan as a Tamil living in rural
North, would not have had the experience of being punished by Sinhalese.
Likewise, majority LTTE, including the leaders. The real reason was caste?]
The LTTE used the Racial aspect as the measure and did
so without the moral authority of their soul. In their ‘artificial intelligence’
they had the ‘race’ measure which was the weapon of the Politicians who were
killed by the LTTE. The fear of ‘prison’ . The same weapon would kill or cure
as per the true purpose of the user. A Separatist would kill so s/he would
rule. Those who separate need to renounce that which is common – including the
right to expect from the Common government.
The 1983 pogrom affected Tamils in multicultural areas.
It is being hijacked by those who elevated themselves to leadership level – as if
Tamils were political orphans.
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