15 March 2018
Tamil Dowried Daughters Foremost
We were advised by our lawyer that the High Court of Jaffna turned down our Appeal against the ruling of Mallakam District Court in the Testamentary case regarding my brother in law Late Subramaniam Yoganathan’s Estate. This confirms to me that like the Buddhism Foremost clause in the Sri Lankan Constitution, the Dowry entitlement in Thesawalai Law also needs to be farewelled respectfully. Daughters who had equal opportunity to education, need to do the right thing and reject dowry and insist on equal distribution of common wealth if they are to prevent ‘welfare-mentality’.
When the law is abusive, one needs to take refuge in Truth. It was so rewarding to learn the following news about this system of Truth:
Practising the law irrespective of the possibility of losing, does eventually satisfy our conscience and strengthens our peace of mind. This morning’s news about the Sri Lankan Tamil Refugee Family being ‘saved from deportation’ confirmed this true investment:
‘A Sri Lankan asylum seeker family taken from a small Queensland town were pulled from a plane overnight, just minutes before they were due to be deported…..a last-minute legal intervention resulted in them being removed from the plane before it took off ……. Biloela residents held a vigil at 5.30pm on Wednesday, while a petition to return them to their home has reached almost 60,000 signatures’ – SBS News
This acceptance of the family as their own by the town of Biloela is what globalization through human values is all about. The family earned it through their harmonious family life and not by wanting to be ‘foremost’ or ‘special’.
I was happy because of my own thought-based contribution to prevent the deportation. The two outcomes – the failure by High Court of Jaffna to uphold the law of Thesawalamai – which carried the risk of ‘distress’ and the successful stay order due to the inclusiveness of fellow Common Australians – which carried the positive value of ‘eustress’ (good stress) - both came at the same time – to support my emotional balance. Both contributions were genuine on my part and hence the support of the system of Truth.
One of my readers in Norway wrote in response to my analysis of Mr Gotabaya Rajapaksa in yesterday’s article headed ‘Australia Telling Sri Lanka?:
[Interesting writing....thank you...within this context how would one expect peace and reconciliation in Sri Lanka?
"Daily Mirror for example, reports that ‘Former defense secretary Gotabaya Rajapaksa said yesterday the main reason for most of the issues in the country was the result of following the advice of NGOs rather than seeking advice of the Maha Sanga.’ "
In today's Divaina Dilantha he says "Sri Lankan state failed to create reconciliation as it followed international frameworks/sponsorships.....reconciliation should be created on the basis of Buddhism....."
I can't understand this guy...]
I also cannot understand the Jaffna Tamil Judiciary which upheld Rape Charges in respect to Tamils who caused deep suffering to Miss Vidya Sivaloganathan and her family and caused much anxiety to the community that the victims were a part of, upholding the judgment that denied the rights of a woman (myself) whose lawful marriage rights were insulted and trodden on in the Mallakam District Court. The family member who induced such powers is now herself a widow – dependent on her children. The Appeal process was one pathway through which to prevent such abuses at family level and to quietly balance that karma for the Judiciary as a Common body.
The Jaffna Judiciary has upheld the claim of daughters - that they had equal rights as sons to residual common wealth even after receiving dowry. My second marriage was used by lawyers who feared losing and desired winning by demoting the opposition. I was effectively an orphan in Mallakam District Court and there was no strike by other lawyers against this injustice when I was reprimanded for alleged street-woman conduct by Magistrate Gajanithipalan. The Appeal process is a pathway through which this could have been rectified within Jaffna Jurisdiction. My needs based actions especially in terms of education and marriage within the Tamil community, led to me appreciating the ‘gender-balance’ that the system of dowry promoted in a family where education was denied on Equal footing to daughters who instead were groomed through homemaking pathway to develop potential energy that supported those from their family who went out and worked. As per the system of Thesawalamai, the dowry indicated this potential energy to anyone who lacked belief in the family of the daughter and was therefore an ‘outsider’. Daughters who actively ‘claimed’ compensation for homemaking work made themselves outsiders to the family. It was this demotion that we set out to prevent and when we found that this was not possible refused to cooperate with at family level. But the Jaffna Judiciary upheld this and confirmed its own ‘outsider’ status to the law of Thesawalamai.
The failure to uphold the Thesawalamai law and/or the Truth, confirms to me as to why Jaffna Tamils got brainwashed by armed groups that promised them self-determination which effectively was regime change from Politicians to Armed Militants decoratively packaged as ‘freedom-fighters’. These militants were brainwashed by Indian Politicians and in turn the militants brainwashed gullible Tamils who failed to protect their independence at family level.
The question that arises within me is whether we have gotten so used to the ‘Dowry’ system that we are not able to let it go. Males who benefit from the dowry system also would not rule against it. It is the Tamil parallel of Buddhism foremost that Sinhalese Politicians have gotten used to.
Laws that facilitate upholding the Truth are positive laws. They would support their practitioners anytime anywhere. When such a person participates in a Court Process – the Court has the duty to become a ‘facility’ and not ‘judge’ or ‘tell’ the person. I have observed through my experiences here in Australia and more recently in Sri Lanka’s North, how the system of Natural Justice takes-over and reverses the judgment on such ‘tellers’. When victims of such ‘telling’, pool their energies at the higher level – they have the higher experience and that is the ultimate win – as we know through Tamil National Alliance’s promotion as Equal Opposition in Parliament which happened because majority Tamils became victims of such telling not only by majority race but their own males who needed arms to uphold their superior status starting within their own minds and therefore killed and d
emoted politicians .
The Truth always empowers from within. At physical level, majority rule would uphold Truth only when it is a measure of ‘facts’ brought to the judge’s mind on Equal footing – meaning with zero invisible advantage. Buddhism foremost cannot be such a measure in a multi-religious forum. But Buddhism being Buddhism, would return the karma of abusers to such abusers. Mr Gotabaya Rajapaksa carries that negative energy which would hurt anyone who votes to empower him – after knowing how disorderly his administration was. Every individual who exercises her/his rights gets the return as per her/his commitment or lack of it. Mr Gotabaya Rajapaksa revealed his lack of positive energy to become ‘common’ by stating that he would give up his American citizenship to participate in Sri Lankan Presidential elections. One to whom Sri Lanka is equally or more precious than America would renounce first and know for himself what his priorities are. One who waits to know whether or not he would win is trading and is disqualifies himself to make policy. Little wonder there was such disorder during the war against the LTTE.