The Dismissal – Australia and Sri Lanka

| by Gajalakshmi Paramasivam

( January 20, 2013,Melbourne, Sri Lanka Guardian) The educated Sri Lankan mind is very active over the Dismissal of the Chief Justice. Here in Australia also, we had similar experience in 1975, when the Governor General Sir John Kerr, dismissed Prime Minister Gough Whitlam. Later Governor General Dr Peter Hollingworth was brought down by common citizens aided by the media. If we leave aside the individual personalities concerned we would see the return as per the position karma. I do believe that positions also accumulate karma and unless we consciously protect ourselves we are likely to inherit that karma – especially if we take benefits from that position carrying the karma.

Mr. Gough Whitlam, despite his dismissal, continued to contribute to society, through high positions in addition to contributing as an individual. When we relate to others, and others to us through our positions, our decisions and actions include all those who are covered by that position. The higher the position, the greater the span of people affected. Hence if we complete our relationships at the higher levels – our realization of completeness would benefit more people than if we complete relationships at the lower level. This is a positive value in Unitary State/Government. On the other hand it is counterproductive to hang on to a position – even after knowing that we would not be completing the relationship at the higher level. We may complete our relationship at the lower level and be happy, if we do not desire / expect returns from the positions that are above our level of completion. The end of a relationship is Oneness. The appointment of a Chief Justice who is yet to be independent of Parliament and who was lower in the hierarchy of the Executive Government – confirms that the President seeks Unitary Governance – the way he sought Unitary State by including former Tamil militant leaders in his government. The successor to Dr. Shirani Banadaranayke is the parallel of these Tamil ministers in the Sri Lankan Government.

In the case of the relationship between Dr. Shirani Bandaranayake - immediate past Chief Justice of Sri Lanka and the President as the Head of the Executive, both were active in their positions and the outcome was that they have separated before completing their relationship to become One. If at least one of them had been true to her/himself – and taken the position as per the expectations of the other – but in the mind, contributing as per the true commitment made by the higher investor – the relationship would have been completed to include more investors covered by the combined institution – Sri Lankan Government. If the Judiciary and the Parliament are not able to become One – through integration – then Sri Lanka is not a Nation at that level – at the level where Sri Lanka has equal lateral power over all others of that level and higher powers to influence other nations who operate at levels lower than Sri Lanka. That is the law of Natural Justice.

Take for example, a parent-child relationship. If that relationship is completed at the level of the parent that relationship would cover more people than if the relationship were completed at the level of the child. It is for this reason that confidentiality within families/institutions is required so the relationship could develop to the highest possible level. Completion happens when two become One. Hence until one is sure that the relationship could not develop further, the relationship should not be completed prematurely. The moment the two sides show their own outcomes – they are no longer travelling along one path. The events confirm that the Parliament thought – rightly or wrongly – that they were.

As per God’s system whatever we do within this feeling of Oneness is immune from rights and wrongs. Rights and wrongs are needed only when we are separated. If we are merely physically separated we are each other’s opposition and are attractive to each other – as per the law of nature. If we are mentally separated – yet are thinking of each other – we develop enmity. The paths to realizing this Oneness vary – as per religion, culture etc. In his Sri Lanka Guardian article ‘Reinterpreting Our Culture: Threat or Pressure?, Professor Ratnajeevan Hoole states ‘That is, Pongal is a Hindu caste festival celebrated by the Vellala (agricultural) caste. Vellalas generally being the educated caste, whatever their spin it becomes fact. That only Tamil Hindu Vellalas celebrate Thai Pongal (as distinct from other Hindus in India) made it easy for Vellalas to foist this absurd claim on the rest of us as if Christians sacrifice to the sun.’

Like with Marriage, different generations and different groups living in various parts of the world during a particular period celebrate Thai Pongal in different ways. During my childhood we celebrated it at our family temple at Sangarathai-Thunaivi, in the district of Vaddukoddai where the first political declaration of Independent Tamil State was made. Back then those of lower caste – mainly toddy tappers – living in that area around the temple, did do their own Pongal (cooking sweet rice in open fire to thank the Sun) but we did not visibly combine forces. During the past few years, we have cooked One Pongal at that temple - with the folks around the place. All except myself and the priests are of Nalavar (toddy tapper) caste. The photos taken during last year’s celebrations were used in this year’s greetings with the words – courtesy Mr. Kandiah Thillaivinayagalingam – an engineer living in the UK: ‘Thai Pongal festival is an important festival for Tamil Hindus. Farmers bring home the harvest successfully grown with the help of the Rains, and start enjoying the produce of their work – starting on Thai Pongal day. It was customary for working Tamils on this day, to identify with the value of their work and to thank the true forces of Nature and the animals that helped them in their work. Hindus give thanks to Nature through special worship of the Sun on this day. On this auspicious day we thank also, the farmer who feeds the world.’

Hindus were specially mentioned because all of the persons we celebrated Thai Pongal with at that place are Hindus. What happened is like biological relationships and need to be stated as they happened. During my parents’ time – my Catholic friends at Holy Family Convent Jaffna enjoyed the rich Pongal (sweet rice) but were particular to ensure that that was not from the portion offered to Vairavar (Lord Shiva in Trident form) – our Deity at that temple. When some of them came over to see our mother in Canada – they recalled how tasty that Pongal was! When the appreciation is genuine – we pick up as if it happened today. That is Oneness and it lasts beyond time and place separations. We respected the boundaries of our Catholic friends and they appreciated the genuine sharing out of the general portions. Hence the common part of that experience is eternal.

After the preliminaries in the above passage – Tamils are mentioned followed by farmers – and we leave behind local particulars to include wider parts of the community. Many of the toddy tappers in that area are now no longer toddy tappers but farmers – mostly part-time. When I observe their joy in working their own farms I feel that this was a way in which they compensated themselves for the shortfall in status due to the caste system. To me today’s parallel of that for us Asian migrants in Western countries is our education through which we develop intellectual pursuits to match the White Caste.

As our Australian Retired High Court Judge the Hon Michael Kirby indicated in relation to gay relationships – god did not say this is right and that is wrong. Whatever happens naturally including at the physical level is right in that environment at that time. Hence Sinhala only is right for those who know only Sinhalese and Tamil only is right for those who know only Tamil. But when one expects/desires benefits from a multilingual culture – one needs common principles through which one would ensure that one does not take the value of another’s work and sacrifices. If for example, Tamil only people take power over English educated people after benefiting from the work of the latter, that would not be ‘right’. It was to prevent such ‘takings’ that there were/are separations between various cultures – especially those who do not seek secular education.

In the case of the Sri Lankan Chief Justice – and the Judiciary in general – they are English educated at the higher levels. Majority Sri Lankan Politicians in custody of Parliamentary Powers are driven by Sinhala only people. By acting naturally, these politicians would seem ‘right’ to their people but would be wrong to those who have invested in principles governing multicultural groups. In animal families there are no higher principles to enjoy benefits. Hence they separate once the young are able to find their own enjoyment. Civilized human groups regulate and raise this enjoyment so that this separation happens at a much later time than in animal families and even after separation we think about each other and mentally remain close to our family. Common values and processes strengthen this mental closeness.

Democratic systems require this separation to be visible and hence the Separation of Powers. If the above two parts of Government were taken as One – the separation would have happened anyway because mentally the parent (parliament) did not work to ‘include’ the young-adult child (judiciary) until the highest possible point in the relationship was reached. If the Judiciary was taller of the two – and it had done the work of the Parliament from an early stage and released the outcome as common outcome – the relationship would have continued to develop. In real terms it is my observation that the Judiciary was not independent of the Executive. If indeed this is the highest possible point of that relationship – then we either need a restructure or declare that we are One Unitary Government - having completed the relationship at the level of Sinhala only and not at the higher common level any Sri Lankan has achieved and/or is able to achieve.

Once we complete a relationship – we are individuals – free of each other and yet are One. Until we commence a relationship also we are individual human beings and hence humanitarian laws to protect. Hence the laws of equality. All else in between needs to be regulated consciously through common principles and values – so that we do not unjustly enjoy the fruits of others’ work.