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The Conflict in Sri Lanka: Ground Realities - Ilankai Tamil Sangam

The Conflict in Sri Lanka: Ground Realities - Ilankai Tamil Sangam

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their times and climes but their voices get totally submerged <strong>in</strong><br />

the cacophony of the Bumiputras espous<strong>in</strong>g, ‘One land, one faith,<br />

one rule and one language’. Here it should also be po<strong>in</strong>ted out<br />

that <strong>Tamil</strong>s were not party to any of the constitution-mak<strong>in</strong>g,<br />

i.e. 1948, 1972 or 1978 and <strong>in</strong> that the <strong>Tamil</strong> claim is that a<br />

unilateral S<strong>in</strong>hala constitution is imposed on them and <strong>in</strong> that<br />

they are ruled aga<strong>in</strong>st their will and consent.<br />

In a pluralist polity, for good governance it is necessary that<br />

all ethnic and religious groups receive equal treatment and<br />

be protected from discrim<strong>in</strong>atory actions and legislation. <strong>The</strong><br />

solemn covenant, which became the anchor of the Constitution<br />

at <strong>Sri</strong> <strong>Lanka</strong>’s <strong>in</strong>dependence <strong>in</strong> 1948, was section 29, which is<br />

the non-discrim<strong>in</strong>atory clause. <strong>The</strong> SLFP and its Marxist allies<br />

arbitrarily rejected this safeguard when they framed the 1972<br />

Constitution without the consent of the non-S<strong>in</strong>hala races and<br />

non-Buddhist religious groups. A Bill of Rights replaced section<br />

29. This was found to be hardly adequate. This presupposes a<br />

strongly <strong>in</strong>dependent Supreme Court, but judges (majority of<br />

whom are S<strong>in</strong>halese) have been known to give politically motivated<br />

judgements even on cases that have serious implications for<br />

Fundamental Rights and the Human Rights. Thus, there cannot<br />

be any safeguard aga<strong>in</strong>st a hegemonic ethnic majority determ<strong>in</strong>ed<br />

on thriv<strong>in</strong>g by subjugat<strong>in</strong>g and decimat<strong>in</strong>g other nationalities <strong>in</strong> a<br />

State where democracy is understood only <strong>in</strong> terms of numbers.<br />

This Buddhocratic state system is further consolidated by the<br />

fact that Buddhist monks enjoy unlimited freedom to dictate<br />

policy especially when it concerns the non-S<strong>in</strong>hala races and<br />

non-Buddhist religions; these monks were largely responsible for<br />

the gradual collapse of the State system as they have no idea of<br />

how modern democracies are managed. Encourag<strong>in</strong>g the Buddhist<br />

monks to run the constitutional affairs of the State amounts to<br />

the allow<strong>in</strong>g of medieval form of th<strong>in</strong>k<strong>in</strong>g to pervade the political<br />

ethos. Beg<strong>in</strong>n<strong>in</strong>g with the Bandaranaike couple this has proved<br />

to be a devastat<strong>in</strong>g gamble and it will cont<strong>in</strong>ue to prove to be<br />

suicidal to the S<strong>in</strong>hala State apparatus. It was no secret that the<br />

Buddhist monks pressured Mr. S.W.R.D. Bandaranaike to usher<br />

<strong>in</strong> the most discrim<strong>in</strong>atory “national” legislation of S<strong>in</strong>hala Only.<br />

47

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