26 April 2024

Gajalakshmi Paramasivam

 

 

TWO SIDES OF AUSTRALIAN CITIZENSHIP

 

‘The Australian government has granted Bondi’s “bollard man” permanent residency. There are many of us, like myself and my Tamil family who know what it feels like to receive the promise of a permanent home in this country.

Stability. Security. Equal opportunity’  - Shankar Kasynathan in Guardian article -

 

 As we celebrate the permanent residency granted to Sydney’s ‘bollard man’, visa uncertainty looms over others

 

Shankar Kasynathan is presented by Migrant Workers Centre as follows:

‘Adjunct Senior Research Fellow at the National Centre for Reconciliation, Truth and Justice and a former Commissioner of Multicultural Affairs.’

 

I would declare   the most painful  experience of Australia, as follows:

‘InStability. InSecurity. UnEqual opportunity.

This is because, I relate to fellow Australians as part of the Indigenous community, who are the oldest community to whom this land has been ‘home’ for longest period. The rest of us are migrants.

How does one obtain the natural approval  of any community?

My response is – by sharing in their pain as if it were ours. Those who are driven more by the benefit produced by a community, are not fully fledged owners.

The Tamil author states:

‘Biloela threw its support behind the Murugappans. What can we do for similar families we know and love?’

The power of Love is absolute and is beyond calculations. If one calculates, it is no longer love.

As per Hindu philosophy, Tat Tvam Asi / That Thou Art is confirmation of  ownership. Once we feel ownership , any pain experienced by the one being loved, is felt by us.

The confirmation of love is known through Equal Opportunity. Murugappan family, if they felt pain, would identify with the pain of all Sri Lankan Tamils in camps and campaign for their immediate release. There is no such intelligence shared by the community.

Hence the inequality, when left unaddressed, becomes separatism, as happened in Sri Lanka. The black-dog keeps following the owner.

The Bondi attacker was a mentally ill person from mainstream community. As we sow, so shall we reap. We practice unequal opportunity, but claim status as Equal Opportunity practitioners, we become unstable due to unbalanced equation of causes and effects.

 

 

19 April 2024

Gajalakshmi Paramasivam

 

 

EASTER ATTACKS & BOYCOTTING ELECTIONS

My attention was directed to the article -‘The Easter attacks and the struggles for justice in Sri Lanka’

As a social media person, I rely on my truth to analyse facts I get to know through public forums. I believe that those without official power are supported by the exponential power of truth, to the extent we are true to ourselves. It then results in us finding our own solutions.

As per the article by Ruki  Fernando:

‘Other criminal cases filed by the attorney-general are still ongoing. Fundamental rights cases filed by some concerned citizens led to the Supreme Court holding the former president and senior officials responsible for not preventing the attacks and ordering them to pay compensation.

The amounts were small compared to previous amounts awarded by the Supreme Court to torture victims and there was no directive to hold anyone criminally responsible.

Fifteen months later, the full amounts ordered by the Supreme Court are yet to be paid.’

 

The religion of the Courts is  the path  of law. In SriLanka, the religion of the government as per the Constitution is Buddhism. Hence if the  former president and senior officials responsible believed that they did not act ,in order to protect Buddhism from Christians, would it not be in accord with article 9 of  the constitution, would they be punishable?

The then President Maithripala Sirisena,  already had caused a a constitutional crisis when he  appointed Mr Mahinda Rajapaksa as Prime Minister on 26 October 2018 before formally dismissing the incumbent Ranil Wickremesinghe, resulting in two concurrent Prime Ministers.

 

This two heads situation originated in the 1972 constitution through which Buddhism was raised to foremost status. This continues in the current constitution, as follows:

 

‘9. The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 and 14(1)(e).’

Then under Fundamental Rights the following has been declared:

10. Every person is entitled to freedom of thought, conscience and religion, including the freedom to have or to adopt a religion or belief of his choice.

 

This is presented as follows, in my book ‘Valuing Equal Opposition’:

‘The Sri Lankan political order started weakening after the British left and majority political leaders failed to facilitate Equal Opposition by minority religions/cultures,  through Separation of Powers, when the religion of majority was recognized as foremost under article 9  in the current constitution. ( article 6 in the 1972 constitution).  Culturally independent communities form Natural Opposition, essential in Democracy.  

Fundamental rights were assured in both Constitutions. Equal and Foremost structures in the same Constitution would structurally oppose each other. In Democracy, the corpus has to be the same – as in One coin. If taken as physical separation it results in Separatism.

The seeds of Separatism were thus sown in the Constitution. One may think that it is harmless and applies only to Buddhists. But Tamil & Muslim leaders who also were Autocratic, contributed to Separatism.

The Buddhism foremost article was effectively  double dipping – first politically through majority power, and then through the Constitution. - MIRROR OF TRUTH SAYS - DOUBLE DIPPING

 

Non-Buddhist Sri Lankan politicians also failed to take Equal position to that of the government. This  in essence meant two heads and therefore two separate states. Belief in the whole required us to be the invisible side of the other.

This in essence is the message of Easter Sunday. A true follower of Jesus would identify  with this philosophy of Eternity  of the soul. Soon, we Australians would honour our war-heroes. This goes towards Equal Opposition to war. Likewise, Sri Lankans who remember the Easter Sunday suffering as if it happened to them, develop prevention of Ethnic wars in Sri Lanka. The best way for the government to contribute is by repealing article 9.  In the meantime, they could declare 21 April day as Christian memorial day. If nothing happens, all non-Buddhists have the duty to boycott Parliamentary elections.

 

http://austms.blogspot.com/

12 April 2024

Gajalakshmi Paramasivam

 

 

KACHATHEEVU PART OF TAMIL EELAM ?

We do not always ‘get’ the outcomes we think we are entitled to.  But as a total package we always feel the results of our contributions to ownership.  I learnt through Sri Lankan PRESCRIPTION ORDINANCE 1872 , the higher value of belief based ownership, relative to money based ownership. Now that Kachatheevu has become an election issue in India, it is important to Tamils of Northern Sri Lanka, due to Fisher-folks in that area. One needs to also take into consideration the citizenship agreements between the  governments which are without belief  and carry the risk of quid pro quos. Mrs Sirimavo Bandaranaike who represented Sri Lanka, in the Kachatheevu agreement was also the leader who introduced the ‘Buddhism foremost’ article in the Sri Lankan constitution in 1972. This obviously was a quid pro quo for Buddhist votes. The lady introduced also the policy of standardization which is presented as follows by Wikipedia:

was a policy implemented by the Sri Lankan government in 1971 to curtail the number of Tamil students selected for certain faculties in the universities. In 1972, the government added a district quota as a parameter within each language. In 1969, the Northern Province, which was largely populated by Tamils and comprised 7%of the population of the country, provided 27.5 percent of the entrants to science-based courses in Sri Lankan universities. By 1974, this was reduced to 7%.  Given the JVP uprisal in 1971, one is entitled to conclude that it was ‘fear-based’.  Desire and Fear are twins, separated by time.

When  Buddhism was made relative, it resulted in loss of sovereignty of  the government and separated the government from the Sri Lankans who believed in Multicultural Sri Lanka, with Separation of Powers, earned through Belief and therefore Sovereignty. Belief entitles one to Sovereign status.

As per the communication from the Hon M Karunanithi, as Chief Minister of Tamil Nadu, the Kachatheevu agreement was signed on 26 June 1974. Two days later, the Srimavo-Gandhi Pact was signed to repatriate 525,000 Hill-country Tamils to India!  Wikipedia reports:

 

‘The Sirima–Gandhi Pact  was an agreement that was signed between Sirimavo Bandaranaike, the Prime Minister of Sri Lanka, and Indira Gandhi, the Prime Minister of India, on 28 June 1974. It was a follow-up agreement of Sirima-Shastri Pact that left 150,000 people of Indian origin in Sri Lanka to future account. Sirima-Shastri Pact agreed to grant Ceylonese citizenship to 300,000 Indian population in Sri Lanka and 525,000 people repatriation to India.

Even if one repatriated Sri Lankan of Indian origin had believed that s/he was Sri Lankan, the return karma would have been exponential.

 

 

Kachatheevu issue is about livelihood of fisherfolks. The fisherfolks of Tamil Nadu and those of Northern Sri Lanka, would have been brought together, by positive, work-based grouping of the caste system.  It is no coincidence that the LTTE leader of Northern Sri Lanka, and the JVP leader of Southern Sri Lanka,were from the same caste of fisherfolks. As per Wikipedia:

‘Patabendi Don Jinadasa Nandasiri Wijeweera was born on 14 July 1943 (Bastille Day), to Patabendi Don Andris Wijeweera and Nasi Nona Wickramakalutota, who lived in Kottegoda, a coastal village situated close to Matara in southern Sri Lanka and mostly belonged to the Karava caste hierarchy.’

The birth on a day connected to the French Revolution is no coincidence. Likewise, the KaravaSinghalese)-Karayar(Tamil)  natural commonness. They were known as Pattanavar in Tamil Nadu.

As per Wikipedia:

 

Governing systems

The Pattanavar possess a strong system of self-governance.

 

The true leader chooses her/his place of rebirth. This could be vertical on time basis or lateral on place basis. In the case of LTTE, the consequences of Sirima–Gandhi Pact  is confirmed to be lateral – as in a team:

 

‘In 1983, the Indian Research and Analysis Wing established training camps Tamil Nadu to train

and arm Tamil insurgents in Sri Lanka. The rebels

found it easy to travel back to Sri Lanka from training

camps and smuggled in their supplies from India via

small crafts cross the Palk Strait. With the Sri Lanka Navy intercepting these crafts, Prabhakaran ordered the formation of maritime wing within the LTTE in 1984 tasked with smuggling personnel and equipment between the LTTE's bases in Tamil Nadu and Sri Lanka, in particular Jaffna. A year later these crafts manned by LTTE cadres now known as Sea Tigers had been evading naval patrol crafts began mounting machine guns with which the began engaging the navy in gun battles at sea’ – Wikipedia.

 

Kachatheevu is a small island with sovereign power of water.

 

 

05 April 2024

Gajalakshmi Paramasivam

 

 

KACHATHEEVU IS COMMON

SOVEREIGN TERRITORY

 

Authority over Kachatheevu is yet again a political issue. As per the Decan Herald article ‘Reviving Katchatheevu is BJP’s desperate attempt to be heard in Tamil Nadu’  introduces the issue as follows:

‘Katchatheevu, a tiny island in the Palk Straits between India and Sri Lanka, hardly 300 acres in extent is suddenly being sought to be made an election issue in Tamil Nadu. The islet was ceded by the Indian government to Sri Lanka in 1974 when the International Maritime Boundary Line (IMBL) was drawn between the two countries. The median line was made to take a turn to accommodate Katchatheevu on the Sri Lankan side of the IMBL. Since then, the matter has been a political issue in Tamil Nadu.’

Through my land case in Colombo, I learnt about belief based ownership, ranking higher than money based ownership. The reason is belief is a Universal power. Hence the requirement of ‘Beyond reasonable doubt test in criminal cases’.  The requirement is belief in the law. To that extent, we are the judges and we are the accused. This comes naturally with  belief.

 

As per adaderana.lk report:

‘ The Bar Association of Sri Lanka (BASL) has expressed deep concern about the recent remarks made by certain Members of Parliament condemning the invocation of Supreme Court’s fundamental rights jurisdiction by a citizen to challenge the issuance of liquor licenses’

The question here is - whether or not the member is a Buddhist or non-Buddhist? If Buddhist article 9 is applicable.

 

The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 and 14(1)(e)

Foremost is relative. Hence the womb of Buddhist fundamental rights is Buddha Sasana.

 

Under fundamental rights the following is facilitated:

14. (1) Every citizen is entitled to –(g) the freedom to engage by himself or in association with others in any lawful occupation, profession, trade, business or enterprise;

To the extent, the bar Association is part of the Judiciary, it has the right to access fundamental rights provisions . But where there are Buddhist members they have to use Buddhist law. One who relates through Buddhism is not entitled to claim protection of Secular law common to all Sri Lankans. If one believes in Sri Lanka , one is Sri Lankan and v.v.

Recently, I entered my Colombo land which is yet to be vacated by the occupier whom we successfully sued, through PRESCRIPTION ORDINANCE 1872. My legal team got upset with me for entering my property!  To my mind, I was exercising my belief in the judgment delivered by the court. I paid my respects to Lord Buddha in front of the property and the gate opened!

 

Kachatheevu belongs to the fisher-folks of Tamil Nadu in common with Sri Lankan fisher-folks who also have been fishing there for generations.  It is their fundamental right. The Indira Gandhi government had no right to ‘handover’ nor did the  Bandaranaike government to takeover, that which is common. When that is not blocked, the seeds of Separatism are sown.

This is confirmed as follows:

 

        ‘This led to fishermen from India being shot and killed as the Sri Lankan Navy was not able to distinguish between them and the cadre of the Liberation Tigers of  Tamil Eelam (LTTE).’

At that level, armies react, because they lack belief and are mercenaries