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