.

Sri Rangam Vishnu and Sri Lanka Vishnu
By Professor Abaya Aryasinghe

The proposed project to set up a Vishnu kovil at Muthurajawela is generating a great deal of dissatisfaction among the lovers of Sinhala culture and Buddhism in Sri Lanka. One Mahakatra Das of the International Society for Krishna Consciousness (Sri Lanka Branch) in the issue of the Island Sunday Edition of 20.6.99 ventures to pick the missing links of the history of the Vishnu Kovil at Thrichirappalli alias Sri Rangam Temple in South India. The missing links he discovered are all based on plain mythology and heresay. This type of fabulous literature could be applied to any religious monument as a claim to antiquity. Such examples are many both in India and Sri Lanka. His sources are sacred scriptures, historical accounts and age old traditions. Name then, Mr. Das, so that serious historians could test them before accepting.

Mr. Das has referred to the Ramayana story and its chief characters. It is difficult to ascertain how Rama of the Ramayana became Ramachandra to Mr. Das. Ramachandra does not come in any canto of the Ramayana known to the world. The name of the D.M.K. leader, Ramachandra may have been haunting in his mind when he compiled his write up.

The voluminous Ramayana with Rama and Ravana is a colossal myth which shows incomparable literary talent of its author, a Valmiki, meaning ‘Ant-Hill’. It was Valmiki’s duty by his race (Aryan) to see that Aryan expansion in North India becomes a success and the dynasty was firmly established. For that purpose the Aryan Society was expected to be tuned up for conquests and warfare. This military policy later crystallised into Kautlya’s matsayaya (survival of the strongest over the feeble). This policy played an important part in the process of empire building. The purpose of composing the Ramayana was to promote the territorial expansion of the Aryans.

As there was no tangible cause for war against a land called Lanka (This word represents exclusively a conceptual piece of land) the abduction of a princess in India by Ravana was introduced to the story. This is an ideal reason for a quarrel as shown in similar examples in history. To win a critical war one or more tactics have to be adopted as shown in ancient polity. They are sama (concord), bheda (disunion) and danda (penalty). Out of them Rama used the device of bheda between the two brothers, Ravana and Vibhisana.

As the entire Ramayana is a mythical composition it becomes fruitless to identify and locate place names and individuals.

Vibhisana and his brother had never been introduced as adherents of Hinduism. It becomes therefore unacceptable that Vibhisana asked for Sri Ranga Vimana as an object of worship. The two brothers had never become converts to Hinduism.

The chain of succession of the ownership of Sri Ranga Vimana according to Mr. Das, is as follows:

Vishnu - Brahma - Sun god - Manu - King Iksvaku - Rama - Vibhisana. How Vishnu offers anything to Brahma if the latter is the creator of the world, Mr. Das should answer.

As stated above, Vibhisana never embraced Hinduism and therefore Ranga Vimana given by Rama would have been a mere toy in his hand. His dropping the Ranga Vimana on the ground after receiving it from Rama cannot be attributed to an act of disrespect. The punishment given to him therefore was not incommensurate with his charge. That goes against natural justice universally accepted.

In addition, setting an image or a Vimana with the head towards the west in order to have its eyes to stare at a person with a view to harm him is never heard of in any sculptural art in India.

The question of southern gopuram of the Ranga Vimana merits consideration. It has been stated that the southern gopuram has not been completed till 1979. Mr. Das refers to a saint called H. H. Jeer Swamygal of Ahobila Mutt who completed the gopuram in question and declared it open in 1987. The chief guest at this ceremony was M. G. Ramachandran, the then Chief Minister of Tamil Nadu.

On the completion of the gopuram a fore-teller has predicted, according to Mr. Das, that the evil eye of the Vishnu statue would emit malefic influence on Sri Lanka. This island was, however, subjected to suffering even before that appointed date.

There had been youths’ uprising as far back as 1972. Floods and droughts visited the country intermittently during that period. The ‘boys’ who matured as LTTE cadre created trouble well before 1979. Could all these troubles be attributed to the non-completion to the gopuram of the Vimana in South India? One should not be surprised if someone would say that the loss of the Cricket World Cup this time was due to the ill-effect of the glance of Vishnu at Trichirappan kovil. The date line 1979, therefore, could be rendered as ineffective. The calamities now befallen on Sri Lanka are not due to any external force but due to unsatisfactory administrative missionary.

The belief that Ranga Vimana emits malefic influence on Sri Lanka thus becomes baseless. It is a pity, as reported in Media, that a General in the calibre of Mr. Anuruddha Ratwatte is going round with the begging ball to raise funds to build a Vishnu kovil at Muthurajawela to counteract the malefic influence of Ranga Vimana across the occasion.

Had our worthy General ever gone in collecting funds for the renovation of the Dalada Maligawa destroyed by the LTTE a couple of years ago?

UPDATE ON FEMALE-CONTROLLED METHODS FOR HIV AND STD PREVENTION
Search for Vaginal Microbicides continues

As the AIDS epidemic has evolved, it has become apparent that the disease burden is shifting from men to women. While in 1992 women made up approximately 25% of the world’s HIV positive population, they now account for 43% of all people living with HIV/AIDS, according to the Joint United Nations Programme on HIVIAIDS (UNAIDS)

Women’s greater vulnerability to infection with HIV, the virus; that causes AIDS, can be attributed to physiological reasons - a more vulnerable genital tract, especially in younger women - and to the significant economic and social disparity between the sexes, that can put women at risk of violence or abandonment if they try to negotiate safer sex. Yet the only widely available barrier against HIV and other sexually transmitted diseases (STDs) continues to be the male condom, for which women must rely on male compliance.

"There is an urgent need for more methods to prevent HIV infection, especially those that put women in control", says Peter Piot, Executive Director of UNAIDS. "The search for an effective and safe vaginal microbicide has been progressing too slowly - we need to see more researchers from the public and private sectors acting with appropriate urgency to develop a microbicide. In the meantime, the female condom needs more financial and programme support from donors, NGOs and the international community, to ensure that women who would benefit most have access to it."

Continuing the search for microbicides
A "microbicides" is a chemical substance in the form of a gel, cream, suppository, or film that kills or neutralizes microorganisms (viruses and bacteria). When applied directly in the vagina or rectum before sexual intercourse, it should prevent infection with HIV or other STDs.

"A microbicide can allow women to protect themselves and their partners from infection without necessarily having to secure male cooperation", said Awa Coll-Seck, Director of Policy, Strategy and Research for UNAIDS.

"The ideal would be a microbicide that is safe and effective against HIV and other STDs; that allows women to become pregnant if they want to; is active as soon as it is applied and for a long time afterwards; is tasteless, odourless, and invisible; inexpensive and easy to store. Right now, we have no microbicides proven to be safe and effective in preventing HIV and STDs, but we are continuing the search", Dr Coll-Seck said.

Scientists had been hoping that the spermicide nonoxynol-9, now widely used for contraceptive purposes, would be safe and effective in killing HIV, but past trials have been inconclusive. Some research suggests that a high-strength version, which some believed necessary for the destruction of HIV, harms the cells of the genital tract, and might lead to greater vulnerability to infection.

One study of a low-dose nonoxynol-9 in the form of a film failed to show protection against HIV or STDs. However, because it is believed that formulation of a microbicide may play a role in its efficacy, UNAIDS is currently sponsoring a trial of a gel formulation of low-dose nonoxynol-9 in Benin, Cote d’lvoire, South Africa, and Thailand.

The UNAIDS Data Safety and Monitoring Board (DSMB) - an independent body of scientific experts that reviews all UNAIDS clinical trials - met this week to review the progress of this trial to date. Very early data indicate that use of the product is not harmful, but also that its use did not result in signi ficant differences in HIV and STD rates. The DSMB recommended that the trial proceed for a definitive answer to the question of whether nonoxynol-9 is worth further exploration.

"The search for an effective microbicide. while perhaps not a’; difficult a technological challenge as an HIV vaccine, poses daunting ethical, financial and logisltical dilemmas in the clinical development process. Daunting, but not insurmountable", said Joseph Perriens, UNAIDS’ manager of the microbicide effort. "Most scientists today would agree that an effective microbicide against HIV would be possible to develop - as long as appropriate energy, resources and a conducive research environment were there."

Microbicide research has made progress recently. Scientists are investigating three distinct strategies: one would kill or immobilize the HIV or STD invader; another creates a chemical barrier; and the third works on a molecular level to prevent virus replication once the virus has entered the body, thereby reducing the threat of infection.

There are currently 23 products in clinical testing, with at least two candidates entering final-phase testing soon, according to the Alliance for Microbicide Development an advocacy organization that monitors microbicide development.

Increasing access to female condoms
The female condom provides women with another important option to prevent HIV infection and STs. However, many women who could benefit from the product do not yet have access to it.

UNAIDS has been working with the sole manufacturer of the female condom. The Female Health Company, of Chicago, USA, to make the product more available and affordable in developing countries. The first phase of the partnership, which includes a special agreement with the company to provide a significant reduction in price for the public sector, has resulted in the sale of more than six million female condoms in 16 developing countries in Africa and Asia.

Research conducted among women and men in developing countries in sub-Saharan Africa, Asia and Latin America, has confimned that the acceptability of the female condom is high. For example, in one large study of almost 60. urban and rural women in South Africa, 84% of the women said they would use the female condom in the future. In fact, one overall finding of testing is that repeated usage often leads to greater acceptance of the female condom - while at first there may be a negative reaction to its physical appearance and the ease of insertion, with practice these reactions turn positive.

UNAIDS has just launched a second phase of the public/private collaboration, in response to the numerous requests received from countries and organizations that are interested in introducing the female condom. Under this arrangement UNAIDS will purchase 400 OOO female condoms to distribute to 14 countries in sub-Saharan Africa and south-east Asia that have not yet integrated the product into their national condom programmes.

For example, in Cambodia’s recently launched programme to promote 100% condom use among sex workers and their clients, following the precedent set by Thailand, officials plan to include the female condom as an additional option. And in the southern African countries of Botswana, Lesotho, Namibia and Swaziland, programme managers plan to build regional momentum, capitalizing on the fact that the product is already available in neighouring South Africa and Zimbabwe.

This second phase of the collaboration will also include a more systematic analysis of the most successful approaches to distribution of the female condom. UNAIDS and the Female Health Company are preparing a series of guidelines that delineate the easiest, most cost-effective approaches to integration of the female condom into social marketing efforts, public sector health initiatives, sex-worker interventions, and other avenues for condom distribution.

"We hope to jump-start female condom distribution in countries thiat have not yet had access to it", said Bunmi Makinwa, who is responsible for condom programmes at UNAIDS. "We are confident that once programme managers and donors have seen that the female condom is acceptable to many women and men, there will be no question about the. return on investment in making the product widely available."

Pritiva Attiken’s world class achievement at cello
By Rohan Jayawardane

Seventeen year old Pritiva Attiken, a pupil of Savitri Jayatileka, received probably the highest mark in the world at Grade Eight Cello of the Trinity College of Music London, when she was given 95% at the exam and awarded the Hannam Clark prize for the highest mark in all overseas examining centres outside the UK. Although the prize is an annual occurrence that is famously well known, the incredible mark of 95% at the penultimate exam of the ATCL degree course must stand out as a rare phenomenon.

Playing on the Cello is not the only skill at Music possessed by the young virtuoso lady. In fact in 1997, when winning the Piano section of the Symphony Orchestra‘s Concerto Competition, her performing of Shostakovich’s technical "nightmare" work was considered a landmark event in virtuoso piano playing. When the undersigned talked with the visiting Examiner of Trinity College of London some years ago, an opinion was given that Pritiva Attiken is "a natural musician" possessed of rare attributes who ought to focus on a professional career in Music!

Pritiva commenced her academic studies at Methodist College, Colombo 3, and now continues at the distinguished Elizabeth Moir International School at Colombo 7. She was a recent star performer in a concert presentation of the school. Her cosmopolitan disposition and cultural outlook ranges out to embrace a fascinating array of diversions such as the Rock Music of Freddie Mercury, a desire to learn Guitar, reflections on social morality and an obsession with War Movies! Quite obviously, this soft spoken and demure damsel has a largely developed mind within her well shaped cranium!

Barbie has a rival - Amazing Amy
By Cecil V. Wikramanayake

Barbara Millicent Roberts, known to the world as "Barbie" is now 40 years young. And still single. Though she’s less than a foot tall, scaled up to human size, she would have a bust of 39 inches, a waist of 18 and hips that measure 33 inches. She comes from a big family of four sisters, Skipper, Stacie, Kelley and Tutti and a brother Todd. From 1961, when she was only four, she found a boy-friend, Kken, and has been true to him ever since.

But now Barbie has a rival. A high-tech, "crying, walking, sleeping, talking, living doll", who is taking America by storm. And driving American parents round the bend.

Amazing Amy, as she is popularly called, has a vocabulary of 10,000 phrases, and has been designed to act like a two-year old American — she whines, complains and makes repeated demands !

If she doesn’t get what she wants, she throws outrageous tantrums, just like a two-year old American girl.

Amazing Amy first hit the stores in September, last year, and has been voted the best selling doll in the United States. She has still to arrive in Sri Lanka, where she would fetch about Rs.7,000/-. Her price in America is $70. But with Cost, Insurance and Freight, it might work out to about $100 or more.

Amazing Amy has a dozen sensors built into different parts of her body so that she can understand how the child is playing with her.

For example, if a girl brushes Amy’s hair, a sensor in the doll’s head recognises the brush as it passes over her head, and she will say "I like my hair brushed."

Amy is 20 inches tall, taller than Barbie, and comes in a party dress, pyjamas and a diaper. There are other accessories available, like a beach outfit and a birthday dress.

She also comes with 30 different types of plastic foods — everything from a cookie to a banana — and, incredibly, her sensors can tell the difference.

If she says ‘I want a cookie’ and you give her a piece of pizza, she will know, and she will say "I didn’t want that. I wanted a cookie."

And failure to respond to Amy’s demands results in Amy acting like any American spoiled brat. She has been programmed to repeat a demand five times, each time slightly differently, at ten second intervals. And she does it while crying and whimpering.

Like: Amy will say "Mommy, I want juice". Ten seconds later she will say "Mommy, I want juice". Then she’ll say "Mommy. Please give me juice — now !" And so on till she gets what she wants.

Some American buyers of Amazing Amy have rechristened her "Annoying Amy".

Amy has been a tremendous success in America, claims Ryan Slate, Director of marketing for Playmates Toys, the California company that makes Amazing Amy, and has also made the Teenage Mutant Ninja Turtles. "She is the world’s most technologically advanced doll. The first doll that actually responds to a youngster."

But Andrew Wilks, a 37 year old computer programmer from Austin, Texas, USA, who has seen his neice playing with my, thinks the company has gone too far. He says Amazing Amy is overbearing and rude, adding "In today’s society, there are so many families where basically the child runs the household and Amy teaches children that this is Okay."

Frankly, this writer is glad Amazing Amy has not yet come to this country. We can do without demanding little princes and princesses, can’t we ?

People and Events
A meditator and her dogs

This lady I write about is perceptive, extra perceptive and very much in the Dhamma. She has now given up most connections with the world and lives in a small annexe overlooking the Mahaveli Ganga, a couple of miles from Kandy, built for her by a generous couple. She is most times alone since the benefactor couple visit very rarely. She is content, and that’s obvious.

The lady had been a university lecturer and came with her husband to Sri Lanka. Once her husband died, she became progressively more reclusive until she now shuns the buzz of ordinary life and meditates and lives a life of contentment, with her dogs. A daily help cooks and does the minding of the annexe, while an old faithful tends the garden - a wonderful mix of flowers and leafy plants stretching right down to the river. During the sudden curfews of JVP times, this man had swum across the river - then in spate-fearing she had no food in the house. His loyalty is because she is so good to him, and caring.

Unusual Initiation
Her interest in meditation was psychic. Her husband and she had been touring India when they both felt impelled to visit a certain place, unknown to them but suddenly heard of. They went there and felt immediately comfortable, as if they’d lived in the place together. The lady sat in the shade to rest awhile and soon was in an absorbed state of concentration. Her first experience in meditation, immediately leading her to a jhanic state. Her husband and she had been interested in Buddhism, but intellectually, having read widely. Now they were convinced Buddhism had the answers to the unsatisfactoriness of life and the tedious multitude of rebirths.

She lives alone, as I said. This however is not the truth since she is completely surrounded and even dominated by her four dogs. They have been thrust upon her - strays and rejects dumped at her gate, the dumpers knowing full well she’d take them in and give them a good home. She says they are the last she will keep. "I cannot continue this attachment. I am old and cannot take responsibility for others. These four may die before me. Even otherwise they can survive - I’ve provided for them."

She is prepared for death and says it matters nothing when and where, even how and of what she dies. She wants, as all of us do, a quick release from this Samsaric existence to the next which will bring her closer to ending it all.

Reborn and Reunited
One dog has a history. The lady says she is a former pet reborn and come back to her. Suzi was a lovely dog whose greatest pleasure in life was watching squirrels. She’d sit quiet and sphinx-like observing the squirrels playing around in the garden of the flat she lived in then. Suzi died and a couple of months later the lady moved to the present place above the river. Reptiles, birds, lizards

and even wild boar are seen in her garden, but strangely no squirrels. One day, returning from Udawattakelle where she’d gone to meet the Ven Nanaponika Thera, she had a black dog bounding towards her. Her mind instantly went back to Suzi and for a second she hallucinated it was Suzi that was tearing towards her. Soon enough she realized this was a pup, so like Suzi. She took it home, of course, and named it Kelle since she’d found her at Udawattakelle. The three she already had took the newcomer very willingly to the menage.

The rebirth conjecture was confirmed one day. The lady found Kelle on the ground - silent, barely breathing, lying very low and looking up. Two squirrels were on the roof and running along the ledge and there was Kelle gazing at the creatures as Suzi was wont to do. People too mistook Kelle for Suzi; even the vet.

We spent two days in the house attached to the lady’s annexe and had frequent visitations of the four dogs. Rosie was Licker to me. She was shaggy with long hair and made a beeline to each of us. If we were seated she’d conveniently lick our faces and hands; if we were standing she’d stand on her hind legs and stretch up to do her licking. She never took no for an answer and never guessed our reclining backwards was to save ourselves from her hyperactive tongue.

The dogs protected her, the lady said. They were always with her and slept together in her twin bed. If she was not feeling well, they’d loll around, silent and concerned with extra licks from Rosie and nuzzles from the others. When recovered they’d tug at her to take them for their walk down the hill or along the road.

One day they’d heard one of the dogs howling in pain. Soon enough Kelle came along in an urgent hurry and tugged at the lady’s hands. She knew the dog wanted her to follow her and was soon led to Tina caught in a trap set for wild boar. She and the gardener managed to set Tina free.

It was Rosie who tugged at the gardener next. Led by the dog he found another trap concealed in the thicket by the river bank.

Reap as One Sows
The lady’s theory is that the four dogs are definitely in the samsaric cycle of births and deaths and would be born to a human life to work out their deliverance. Past karma or even good karma made by them would surface to lead them at death to a human womb. These dogs seem to have the good karma to have a shorter spell of rebirths in the animal world.

I remember the venerable monk from Singapore who used to visit Sri Lanka some years ago, saying a human would not and could not be born in the animal kingdom at a very low level - worms etc. He said the lowest we could go to was to a mammal birth - dog, cow, elephant etc. Stories however abound of ancestors born as toads or cobras who proprietorily stay close to the house they dearly loved. Coincidental or reborn owners come back to protect the property they loved too much and clung to?

The samsaric cycle works according to set rules - one’s karmic force determining the next birth. Often it seems inexplicable but there is an underlying order, most definitely. You reap as you sow. Otherwise how explain an American woman’s odyssey to Sri Lanka and Budddhism,.

She had been sent as a very young girl to a Christian Sunday school. The teacher had given the class 24 scripture verses to learn and promised a gift for each verse learnt by heart. The girl, being extra ambitious and precocious, had learnt all 24 verses. She recited them the next Sunday and expected the promised reward: 24 gifts. She wasn’t given even one! Disillusionment was instantaneous, bitter and ever lasting. Her parents tried getting her into Roman Catholism, with another disappointment for the young girl. She found Buddhism totally rational, totally acceptable, totally satisfying. She is in the Dhamma and has lived it for the last fifteen years. .

Who knows death of beings
And birth in all aspects
No bonds - well gone - all knowing
Him will I call a Brahamin
Dhammapada

Review of the Buddhist Annual
Nanda Pethiyagoda

Vesak Sirisara (64th issue) edited by Rajah Kuruppu, is the well known annual published by the Government Services Buddhist Association. This Association, with P B Weragoda, a founder member as Secretary, took over the publication of the annual with a long lineage, in 1992.

Art Work
The Buddhist Annual 1999 overseas edition has, on its front cover, a painting by Deepal Jayawerdena of the Mara war. The Buddha has marked eyelashes and eyebrows and a staring visage in the tradition of the wall paintings of the Kandyan era. On the back cover is a beautiful picture of the Ran Veta of the Sri Maha Bodhi. Between pages 34 and 35 are two plates of Isurumuni Rajamaha Vihara and Gal Vihara. They capture and convey the serenity of the two places. The picture of Isurumuniya is particularly mind soothing with its browns and beiges dominating the white of the chetiya and blue and white of the clouded sky. In the foreground of the Gal Vihara picture are school children, making a statement in contrasts: vivacity, growth and the wonder of innocence soon to change with adulthood, against the immutability of the Dhamma as depicted by the stone sculptor.

In 1998 a change of policy was effected by the Association. The number of copies of the trilingual annual was reduced and an increased number of Sinhala articles only and English only copies were to be published. This move is applauded since it makes the three publications slimmer, of normal book size dimensions, and thus easier to handle.

Contents
Very many suttas and topics of the Dhamma have been expounded in the articles. I will not list

the contents page here, but let me mention some of the articles and their authors. Metta -Universal Love by Ven Dr. Medagama Vajiragnana, Chief Sanghanayake of Great Britain and

Head of the London Buddhist Vihara; Muditha - the Buddha’s Teaching of Appreciative Joy by

Olcott Gunasekera. Dr. Tudor Senanayake has dealt with the Noble Eightfold Path in Daily Life;

Bogoda Premaratne writes on a current topic of interest: Buddha’s Guidelines on Avoiding

Conflicts. In similar vein Dr. C Ananda Grero wants on Buddhism - a Solution to Problems of Mankind.

Prof. Nandasena Mudiyanse titles his article When the Buddha Smiled and quotes instances when the Buddha was amused or showed light-heartedness and a sense of fun as he surely would have, being a happy, human being. Ananda Thera asks what the cause of his smile is and the Buddha replies, with stories and explanations which are given in the Commentary to the Dhammapada.

Of particular interest, relevance and guidance were the two articles Tolerance in Buddhism by P M Wijekoon and From Samsara to Nibbana by Rajah Kuruppu. Mr. Wijekoon states thus: "A study of the great religions clearly shows that the Buddha was the most tolerant religious teacher. It is therefore not surprising that His lofty teaching is permeated with the spirit of that rare virtue, tolerance". The author speaks of the tolerance of the Buddha that reformed Angulimala. He cites the saving of Francisco Gonsalves, a Roman Catholic dignitary, from arrest and detention by the Dutch due to the intervention of the King of Kandy, who proved the fact that rulers rule best with tolerance. In this day and age of stress and constant anger, tolerance is a quality to be acquired and nurtured.

Rajah Kuruppu explains Samsara and extols Nibbana, achieved by adhering to the Dhamma. "All worldlings enmeshed in Samsara are subject to painful and unsatisfactory experiences. Over 25OO years ago the Buddha with His infinite compassion mapped out for us a Path, the Noble Eightfold Path, to free ourselves from Samsara. So let us follow this noble and invaluable way with courage, determination and diligence to eventually experience vimutti rasa - the taste of liberation."

International Buddhist Conference
Even more attention grabbing and interest evoking were the recommendations made at the 1998 Intentional Buddhist Conference held at the BMICH, 9 - 14 November 1998. Pages 99 to 1O6 in the Vesak Sirisara document the proceedings of the Conference with its theme: The Timeless Message of the Sammasambuddha.

Six major topics were concentrated on:

• Buddhist teachings as a basis of an universal ethical system

• Promoting social harmony and universal peace through a Buddhist value system

• Buddhist approach to economic and social development

• Environment and Buddhism

• Buddhist principles pertaining to international understanding, friendship and co-existence

• Preservation and fostering of the Buddhist heritage

The recommendations that emerged from the conference are:

• Vesak full moon day in the month of May to be declared a holiday of the United Nations "as a mark of respect to this great spiritual teacher of humanity whose teachings provide guidance and inspiration to nearly a quarter of the world’s population. . . "

• The Buddhist Five Precepts as the basis for an universal ethical system

• The Noble Eightfold Path as a comprehensive programme for human development

• A contemporary role for the Sangha - ‘the Conference calls upon the ecclesiastical

authorities to seriously consider updating traditional methods of instruction so that monks and nuns will be proficient not only in the Dhamma, but in the numerous auxiliary skills and

branches of knowledge required to convey the teachings effectively today. In this regard the

Conference noted the desirability of States with a predominantly Buddhist population

establishing a fund from which the training of monks could be financed."

• Economic and social development. "From a Buddhist perspective, development is a holistic

process which should be directed to meeting the material, social and spiritual needs of

human beings the outlines of an ethically guided programme of economic and social development."

• Poverty alleviation

• Right livelihood - to eliminate ‘`the sale of animal flesh, poisons, weapons, human beings

(Prostitution, slavery, and exploitation of children), and intoxicating substances (which today would also include tobacco).

• Promoting a wholesome life style

• Protection of Buddhist values

• Protection of the physical environment

• Protection of Buddhist monuments and places of worship

• The development of closer relationships between Buddhist centres and traditions

• Promotion of international understanding and peaceful co-existence

• Prevention of unethical conversion

• Presentation of the Buddhist point of view in international fora

• This Charter for promoting respect for all forms of life

• Eliminating tobacco related illnesses

We the Guardians
We are critical of Buddhist organizations and often of the Sangha. There is justification but as always was this people are to blame. We have to take a stand and prevent/Wipe out corruption. It is often said that Buddhism, lacking rigidity and leaving much to the individual, opens its society to being tainted and corrupt. That is not the stand we should take. We should appreciate the freedom given us and live as the Buddha’s teaching expects us to.

The Vesak Sirisara is clear proof that there are true Buddhists among us, who work selflessly to propagate the Truth. Let me mention one instance of this fact. It is very difficult to get a publication out with none or very few typography errors. The personnel in printing places are usually not competent in English, and so type-set or computer-set manuscripts in English, totally mechanically, without any understanding of what they are typesetting. The Editor of the annual, Rajah Kuruppu, is to be praised and commended for bringing out an error free publication -a truly onerous task which would have entailed many sessions of proof reading.

Asoka - the emperor who renounced war immediately after victory
by P. M. Wijekoon

After the passing away of the Buddha and the consequent withdrawal of his influence, His rational and lofty teaching failed to make any appreciable headway for 200 years. When He was living, He walked the highways, byways and rugged paths of North India, meeting men and women of all grades of society and all standards of intelligence. All these people were drawn to him and inspired his magnetic personality, kindness and compassion and convinced of everything He uttered. His followers were therefore many and it was impossible to believe that His sublime teaching would fade away in a matter of a few centuries if there were no suitable persons to continue the unparalleled spiritual upliftment started by the Buddha.

Fortunately for mankind in general, this great teaching of compassion and non-violence caught the imagination of Asoka, the emperor and the grandson of Chandragupta who founded the vast and mighty Mauryan Empire. Asoka too like his grand-father wanted to extend the empire till the whole Indian sub-continent came under his sway by annexing the adjoining lands. He invaded Kalinga the land occupied by patriotic and courageous people and a fierce war that killed tens of thousands of men resulted. In the end, Asoka’s mighty army became victorious. Everyone expected Asoka to celebrate the victory in a fitting manner.

Asoka had met a Buddhist monk earlier and was greatly pleased by the exposition of the dhamma by the latter from time to time . With his acute intelligence he gained a satisfactory knowledge of the dhamma in a short time. When the time for celebrations came Asoka was in deep thought. He was profoundly moved and horrified by the demonic cruelties of war. The wails of widows, cries of fatherless children, the grim and sad faces of the disabled touched a tender chord of his heart. He sheathed his sword for ever and declared that he renounced war. His conquests thereafter would be the conquests of the hearts and minds of men and women and make them the repository of kindness, compassion, generosity, and tolerance.

This great monarch did not believe in mere theorizing. He set to work forthwith to practice what the Buddha had preached. He starte digging of wells on wide scale throughout the empire for drinking water. Watering places for animals were provided. Large gardens were planted with medicinal herbs to provide drugs for hospitals built by him. There were hospitals for animals as well. Trees were planted along roads to provide shade to weary travellers from the burning sum as well as to beautify the environment. Birds and bees and small animals provided interest and liveliness to everyone. In true Buddhis spirit he made no distinctions between creed, class or colour.

A special ministry was created to ensure the welfare of backward race. Education of women was given profound importance. Laws enacted were strictly enforced. It was a penal offence to throw dead animal to the street. If a building caught fire it was the duty of the neighbours to help in putting out the fire. Failure to do so was an offence.

Working unceasingly for the welfare and well being of his people, Asoka now wanted them to gain moral purity. He set up stone pillars in every part of his empire with inscriptions exhorting his people to lead lives marked by moral splendour. These inscriptions were words of wisdom uttered by the Noble One on various occasions. They were actually sermons in stone. Wherever people went they were bound to come across them, read them and decide to follow them. This was indeed a moat beautiful way of uprooting evil and planting virtue.

A Chinese traveller to India during this time had recorded "theft was unknown. People were extremely honest and truthful, peace and happiness reigned in the country." This most desirable and happy state of affairs begins to exist when people practice the dhamma.

Asoka was now fully convinced that peace, contentment, absence of crime and minds purified by spiritual thoughts make the people happy, joyous and prosperous. He possessed that rare quality mudita, one of the brahma viharas. He therefore was keen to spread Buddhism in lands across the seas.

Missions consisting of learned monks ready to brave the stormy seas and face other dangers and difficulties were formed, they were sent to countries like Iran, Syria, Macedonia, Alexandria, Egypt. To Lanka Asoka sent his son Mahinda Thera and his daughter Sanghamitta Theri. It was due to the dedicated efforts of these two children of Asoka that Buddhism took firm root in our country.

The missions did their exposition of the dhamma so well that Buddhism became a favourite subject of study. It was from Buddhism that some religions introduced monastism. Buddhism was frequently discussed with lively interest, when scholarly meetings were held in the famous library in Alexandria. They used to say that at the place of learning in Alexandria the intelligence of the West met the wisdom of the East.

In conclusion it is appropriate to mention what the famous writer and historian H. G. Wells has said about Asoka in the Outline of History, he states, "Among the tens of thousands of names of monarchs that crowds the columns of history their majesties and graciousnesses, serenities and royal highnesses, the name of Asoka shines almost alone, a star".

An overview
Citizenship and franchise rights of Indian Tamils
by Neville Ladduwahetty

The signatories to an article titled "Peace, Lies, and Ethnic Conflicts" stated that the Tamil nationalist assertion of the "inalienable right of self determination" and the exclusivity of the ‘’traditional homeland" are "archaic and redundant notions" (Island International), 19th July, 19953. These "notions" were cited by Ms. Radhika Coomaraswamy as being part of the Thimpu Principles ("Tamil and Sinhalese Nationalist writings of the 1980s", The Island, 6th May, 1999). If some of the Thimpu Principles are "archaic and redundant", then the principle relating to the citizenship and Franchise rights of Tamils is not only archaic and redundant, but also irrelevant. Notwithstanding its irrelevance, the issue continues to be associated with the so-called Thimpu Principles, and is also revived independently from time to time.

The alleged deprivation of the Citizenship and Franchise rights affected only the Indian Tamils of recent origin in Sri Lanka, a group which does NOT lay any claims to rights of self determination, or to the rights to traditional homelands. On the other hand, the Sri Lankan Tamils who aim such rights were never deprived of their Citizenship or Franchise rights. According to A. J. Wilson, Chelvanayakam’s comment during the second reading of the Indian Residents (Citizenship) Bill in Parliament was "He (D. S. Senanayake) is not hitting us now directly, ..." ("S. J. V. Chelvanayakam - A Political Biography 1994, p. 18). Despite the admission that the Citizenship Bill did not affect the Sri Lankan Tamils "directly", they continue to include an issue unrelated to their "principles", presumably to bolster their claims of discrimination.

The Sri Lankan Tamils maintain that the guidelines for Citizenship and Franchise that were established by independent Sri Lanka were discriminatory by the Indian Tamils because they deprived them of rights that were enjoyed by them prior to independence. On the other hand, the observations in the Soulbury Commission Report, together with the judgements of the Supreme Court of Sri Lanka and the Privy Council of U.K., state unequivocally that the guidelines established by the Sri Lankan government regarding Franchise were not discriminatory by the Indian Tamil community both before and after Independence.

This article will address whether the legislation relating to the Citizenship and Franchise of the Indian Tamils in Sri Lanka was discriminatory. It will critically examine the accuracy of the assertion that an overwhelming number were disfranchised because of this legislation. In addition, it will comment on the constitutionality of these Acts, and the legal and moral obligations in terms of international law and custom. It will not deal with the protracted negotiations between the governments of Sri Lanka and India in regard to this matter and how the issue was resolved bilaterally between the two governments.

BACKGROUND DURING THE COLONIAL PERIOD
Using documents available in Sri Lanka and India, several authors including the following have written about Indians in Sri Lanka: C. Kondapai, "Indians Overseas", 1951; Lalit Kumar, "India and Sri Lanka", 1977, H. Chattopadhyaya, "Indians in Sri Lanka", 1979; B. K. Jain, "The Problem of Citizenship Rights of Persons of Indian origin in Ceylon", Indian Journal of Political Science Vol. 24, No. 1, 1963; J. S. Bains, "India’s International Disputes", 1962. The sequence of events that culminated in the Citizenship and Franchise Acts of independent Sri Lanka presented below is based on these and other sources.

The first batch of emigrants from India to Sri Lanka (then Ceylon) came in l837. This was followed by successive batches until 1939, when the Government of India banned the movement of unskilled labour to Ceylon. In the 1920s, Franchise rights were based on a residence of six months and certain property qualifications. Due mainly to property qualifications, the total number of registered voters in Sri Lanka in 1924 "was 204,997 or 4 per cent of the total population of five million" (Donoughmore Commission Report, 1928, p. 82). However, "At the time of emigration, until 1947 there was no dispute as to the status of persons of Indian origin, because, at that time India and Ceylon were parts of the British Empire, and, consequently, persons born and living in the territory of India and Ceylon had identical status, namely, British subjects" (Jain, 1963, p.66).

It was under these circumstances that the Donoughmore Commission in its report of 1928 (p.87) stated that "we have decided to recommend the adoption of manhood suffrage on this basis according to the figures supplied to us, the possible voting strength of the electorate will be increased to 1,200,000. We desire however to make two reservations. In the first place we consider it very desirable that a qualification of five years residence in the Island (allowing the temporary absence not exceeding eight months in all during the five years period should be introduced in order that the privilege of voting should be confined to those who have an abiding interest in the country or who may be regarded as permanently settled in the Island.... This condition will be of particular importance in its application to the Indian immigrant population. Secondly, we consider that the registration of voters should not be compulsory or automatic but should be restricted to those who apply for it."

The-Political leadership in Sri Lanka was very apprehensive about giving large numbers of Indians voting rights as recommended by the Donoughmore Commission in 1928. From their point of view it would have "meant: (a) a dilution of the electoral strength of the Kandyan Sinhalese in most of the constituencies in the Kandyan areas; (b) the possibility of the Indian Tamils being returned as representatives of Kandyan Sinhalese constituencies in the event of the splitting of Kandyan Sinhalese vote between rival candidates; (c) the likelihood,... of British planters, and or Indian estate Kanganies (overseers) herding the Indian vote in favour of the candidate of their choice" (Kumar, 1977, p. 14).

These misgivings were conveyed to Governor Sir Herbert Stanley, and modifications were accordingly made to the Donoughmore Commission recommendations by the Colonial Secretary. He incorporated them in the order in Council, 1931. As a result of this order in Council "the number of Indians registered as electors in that year (1931) was about 100,000 as compared with 12,438 registered in the Indian electorate under the old Constitution - an increase of over 700 per cent"... in 1936 the figure was estimated at 145,000 and by 1938, out of a total population of 670,000 Indian estate workers and their dependent, more than 170,000 had been registered as electors, in 1939 this figure exceeded 225,000" (Soulbury Commission Report, 1928, p. 58).

"In 1940, the procedure on revision of the registers was altered in regard to the qualification of domicile of choice and instruction were given that ... no one was to be registered who was not orally examined... From 1940 onwards the figures of registration of these Indians declined and the number in 1943 amounted to about 168,000 .... in spite of the tightening up procedure, substantial numbers ... have acquired the franchise in virtue of domicile" (Ibid, pp. 58, p9.

Economic pressures brought on by the Depression of the 1930s exacerbated the issues relating to the presence of the Indian Tamils in Sri Lanka. Due to the gravity of the circumstances, the leadership in Sri Lanka wanted emigration restricted, to the extent of even replacing Indian labour with local labour. The Colonial government on the other hand, wanted to retain them. These circumstances resulted in two conferences between Sri Lanka and India. The Indo-Ceylon Relations Exploratory Conference of November 1940 was inconclusive. This was followed by the Indo-Ceylon Relations Conference of September 1941. "...the two delegations reached agreement on all points, including inter alia, the Immigration Bill and the question of franchise..." (Ibid, p. 61, Bains, "India’s International Disputes", 1962, p. 89). A Joint Report was signed on 21st September, 1941.

The Joint Report in regard to Franchise stated: "It was agreed that those Indians who could not claim domicile of origin or of choice, or a literacy and property qualification could vote only if they possessed certificates of permanent settlement which would be granted on the following conditions" (Kumar, 1977, p. 28). In respect of residence the recommendation was "7 years for married and 10 years for unmarried persons... provided that continuous absence of more than one year prior to application constitutes a break in the qualifying period of residence" (Ibid). Although it was a Joint Report the Central Legislative Assembly of India did not ratify the Report, and in January 1943, repudiated it altogether.

The Sri Lankan attitude to the issue was greatly influenced by two factors. Firstly, the economic depression of the 1930s caused severe unemployment, and Indian labour was seen as competitors that deprived the indigenous labour of gainful employment. Secondly, because of the transient nature of this Indian labour between India and Sri Lanka, the question of domicile became a critical issue in order to assure an "abiding interest" in the country and a desire to settle "permanently". The Donoughmore Commission, the Soulbury Commission and even the Privy Council, all recognized that commitment to domicile was directly relevant to issues of Citizenship and Franchise.

The Soulbury Commission, appointed in 1944, was aware of the "...anxieties arising out of the likelihood of large-scale enfranchisement of the Indian immigrants, and despite strong representations from the Ceylon Tamil and Indian Tamil organisations, decided that the Indian Question was an internal matter to be disposed of by the future legislature. The Commission, therefore, left the existing basis of franchise in Sri Lanka undisturbed" (Chattopadhyaya, 1979, p. 217). The Soulbury Commission Report also stated that "... if the qualifications of these Indian immigrants for the franchise had depended solely on the condition of 5 years residence in the island, as recommended by the Donoughmore Commission, the constitution of 1931 would not have been accepted by the Legislative Council".

The first parliamentary elections held under the Soulbury Constitution in 1947 confirmed the misgivings of the Sinhalese. The Indian Tamil vote enabled them to secure seven seats in the House of Representatives in the Kandyan districts thus depriving representation of the indigenous Sinhalese in these areas. Furthermore, their vote enabled them to influence the election of seven to nine left-wing Sinhalese in other electorates. The outcome of this election revealed that the 5 year residency qualification for franchise that had existed from 1931 worked to the advantage of the Indian Tamils at the expense of the Sinhalese.

The Nehru - D.S. Senanayake talks and their correspondence that followed were to resolve two questions. First, who among the Indian residents in Sri Lanka were entitled to be Ceylonese Citizens, and second, how they should be admitted to such Citizenship. Agreement in principle regarding these two questions was reached. However, when it came to specifics such as period of domicile there was disagreement. India wanted the residence period to be limited to 5 years and Sri Lanka maintained the requirements agreed upon and contained in the Joint Report of 1941, namely, 7 years continuous residence for married persons and 10 years for unmarried persons completed prior to 1st January, 1946. Since the 1947 election was the last election as a colony, the 1946 Electoral Register became an instrument to establish residence qualifications for determining those who would be entitled to Franchise in Independent Sri Lanka.

India was reluctant to make any concessions. The most "Nehru was willing to concede (was) an eight-year residence test provided that it was reckoned from 1 January 1948, and the same residential qualifications were applied to married and unmarried alike" (Kumar, 1977, p. 31). India realized that any decision in respect of the Indian Tamils in Sri Lanka would have an impact on the future of the Indian Tamils scattered throughout the rest of the world. "It was for this reason that Nehru strenuously resisted the Sri Lankan government’s pressure..." (Sahadavan, "India and overseas Indians", l995, p. 15O).

Sri Lanka’s attitude was greatly influenced by the fact that unlike emigrants to other parts of the world, Indians who came to Sri Lanka were transient. For instance, on the question of "Emigration to Ceylon" an immigration official wrote in l923 that it " is by no means of the same character as emigration to a distant country. There, owing to the long journey, the emigrant either remains in the new country for good, or returns to India, once and for all, after a certain number of years. Here, owing to the short journey, the emigrant passes to and fro fairly freely at intervals for a holiday. Many even of those born and bred on estates in Ceylon pay occasional visits to their relations in India... "Kodikara," "Indo-Ceylon Relations Since Independence", l965, p. 12).

It was this aspect that made the Indian Tamils in Sri Lanka different to other overseas Indians, a fact that Nehru chose to ignore because it did not suit India’s interests. It was also this very aspect that made the Sri Lankan government seek evidence of "abiding interest in the country". The draft proposals submitted during the Nehru - D. S. Senanayake talks were in fact based on the Joint Report of 1941 which became the basis for the Citizenship Acts of 1948 and 1949 of Independent Sri Lanka.

This is confirmed by Sir Ivor Jennings who wrote: "So far as can be ascertained without a detailed comparison of the correspondence and the Act, the Indian and Pakistani Residents (Citizenship) Act No. 3 of 1949, was based on the agreement of l94l modified by the concessions made by Mr. Senanayake in 1948" (Sir Ivor Jennings, "The Ceylon Historical Journal". Vol. 11, l952, p. 197). The Citizenship Acts of 1948 and 1949 along with the Franchise Act of 1949 must be viewed in this background.

(Next week: Citizenship and franchise in Independent Sri Lanka)

A German Bundesrat type senate for sri lanka
by Mahanama

The time has come to revive the Senate and establish a Second Chamber of Parliament to ensure regional participation at the centre and good governance for the entire country. Eleven years after the creation of the Provincial Councils system the need for an Upper House has become quite apparent. In the past the Senate of the Dominion of Ceylon witnessed many distinguished personalities like Senator M. Thiruchelvam, Minister of Local Government in Dudley Senanayake’s UNP Government of 1965, and Madame Sirima Bandaranaike, the worlds first woman Prime Minister, who first entered Parliament through the Senate in 1960.

When the Soulbury Constitution took effect in 1947 the Parliament of Ceylon had three parts; the King represented by the Governor-General, the Senate and the House of Representatives. Both the Donoughmore Commission of 1928 and the Soulbury Commission of 1946 had recommended the creation of nine Provincial Councils to give some measure of regional autonomy to the various communities in Sri Lanka. Then Minister of Local Government and Health, S. W. R. D. Bandaranaike even brought draft legislation before Parliament to create nine Provincial Councils, way back in 1948. Had this been allowed the present ethnic conflict and the ruinous Eelam War (now in its 16th year) would never have taken place.

The devolution of power finally happened with the Indo-Lanka Accord of 1987 between former President J. R. Jayewardene and former Indian Prime Minister Rajiv Gandhi. Then Prime Minister R. Premadasa, who was Minister of Local Government and Housing, moved the Provincial Councils Act in Parliament and they were established by elections in 1988. In most countries with regional or provincial assemblies there is also a Second Chamber to integrate the national legislature with the provincial assemblies like in Canada, South Africa, India, Germany and now the United Kingdom. The purpose is to promote national unity and avoid regional isolation.

With the First Republican Constitution of 1972 the Senate was done away with as a colonial relic. The single chamber National State Assembly became all powerful with even the independence of the judiciary and the public services compromised. J. R Jayewardene’s Second Republican Constitution of 1978 did not restore the Senate but continued the unicameral legislature with power being further centralized through the executive presidency. Professor A. J. Wilson, then a constitutional expert in Canada, even wrote a book in 1979 titled "The Gaulist System In Asia."

Isn’t the Senate an old Colonial Relic?
Many people would ask the question why have an Upper House at all. Isn’t the Senate an old Colonial Relic that was done away with by "progressive forces" for the sake of good government? Who needs a body of eminent persons to delay legislation when the elected representatives of the people are the most capable of governing the country! Wasn’t the executive presidency established so that we can have accelerated development leading to greater democracy, national unity, and economic prosperity? one Supreme Leader, one Cabinet, One Parliament; isn’t that the system that will take us into the 21st century and make Sri Lanka a First World country?

Most interestingly " the Gaulist system in France" which is also a Unitary State like Sri Lanka, has both the Executive Presidency and the Second Chamber of Parliament. In France the Parliament has a Lower House named the National Assembly and an Upper House called the Senate. The French President is not elected by the people’s vote like in Sri Lanka but by an Electoral College, consisting of both Houses of Parliament and other representatives. In making the election of the President by the people’s direct vote, President J. R. Jayewardene (also known as Yankee Dicky) introduced the American model to Sri Lanka. What we have since 1978 is a hybrid American-French style Presidency, with a British type Cabinet and Parliament minus the Second Chamber. In addition there is also the Indian model Provincial Administration without the unifying element that the Rajya Sabha (State Council) gives to the Republic of India.

Naturally all this has given rise to a very authoritarian form of democracy which Dr. N.M. Perera warned, in 1978, could pave the way for a " constitutional dictatorship." All those clever progressive folks who did away with the Senate in 1972 with their excess of republican fervour and revolutionary enthusiasm did not pause to think about the long term consequences. What the SLFP did in 1972 the UNP consolidated in 1978 and we have a system with far too much concentration of government power. Too much power in too few hands leading to abuse of power and corruption of public values. As Lord Acton, the British parliamentarian in the House of Lords observed: Power corrupts, absolute power corrupts absolutely’. Hence the case for reviving the Senate!

All the constitutional models that Sri Lanka has drawn inspiration from (without exception) has a Second Chamber. France and the United States have their Senate, the United Kingdom its House of Lords and India, the Rajya Sabha in which there is a coming together of the representatives of the State Governments at the centre; in the Indian Parliament. Furthermore, the Rajya Sabha, together with the Lok Sabha (Lower House) forms the Electoral College that elects the President of India.

Canada, Italy, Australia and South Africa have the Senate. Japan its House of Councillors, Sweden their Second Chamber of the Riksdag and Germany its Bundesrat. Even little Netherlands has a Second Chamber in its States-General. Some of these countries, like the United States, Canada, Australia, India and Germany are either federal states or quasi federal nations. Others like the United Kingdom, France, Sweden, Italy, Japan, the Netherlands and South Africa are unitary states, with some degree of devolution to the provinces.

What Sir Ivor Jennings wrote in 1949 in his book, "The Constitution of Ceylon" gives an idea of what the Senate in Ceylon stood for. In chapter 8 on the workings of the Senate, Jennings wrote: " The Senate contains a higher proportion of what may be described, without intention of being offensive to anyone, as "eminent" people, Partly for this reason and partly because of the diversity of their origin, the actions of the Senate are less predictable". "Further, the Senate will, by the reason of the eminence of its members, make a valuable contribution to the political education of the general public. These eminent individuals of high intellectual attainment and wide experience of affairs may be averse from entering the hurry- burly of a parliamentary election; but party or communal ties may be expected to rest less heavily upon them and they will be able to express their views freely and frankly without feeling themselves constrained to consider the possible repurcussions upon their electoral prospects."

What happens in the German Bundesrat.
A unique feature of the German Bundesrat is that its composition is a coming together of representatives nominated by the 16 Lander (Regional Assemblies). The Bundesrat has 68 members and each Lander has 3,4 or 6 votes. Larger Lander like Bavaria and Lower Saxony have 6 votes, medium size Lander such as Thuringia and Saxony-Anhalt have 4 votes, while smaller Lander like Bremen and Saarland have 3 votes each. Each Lander has a Minister- President who is like our Chief Minister in the Provincial Administration. The President of the Bundesrat is elected from among the 16 Minister-Presidents for a twelve month term according to a fixed rotational schedule so that once in 16 years, every Lander, no matter how small, gets their CEO in as the Head of the Second Chamber. The President of the Bundesrat may even exercise the powers of the President of the Federal Republic of Germany in special circumstances like insanity, impeachment and assassination.

The main purpose of the Bundesrat is to ensure participation of the Lander in the legislative and administrative process of the Federal Republic. More than half of all bills require the Bundesrat’s formal approval. This applies especially to bills that concern the vital interest of states such as their financial affairs and administrative powers. Constitutional Amendments must also be passed by the Bundesrat. In all other cases the Bundesrat has only the right of dissent which can be over ruled by the Bundestag. Ever since we established Provincial Councils in 1988 there has been the complaint that the Central Government Ministries are sabotaging the devolution process through the Concurrent Powers List and their refusal to cooperate with the Chief Minister and Provincial Board of Ministers. Not so in Germany because of their Bundesrat.

The real strength of the Lander comes from their participation in the legislative process at the federal level through the Bundesrat. All internal administration is done by the Lander and their technocrats implement most federal laws and regulations. Unlike India, Canada, the United States and most federal nations, in Germany there is very little centre-state tension. Most of the laws enacted by the Federal Republic are implemented by the Lander. All these activities and delegation of functions creates a strong incentive for national unity with the Bundestag and Bundesrat working together as "partners in progress." The same would happen here if we have the Senate composed largely of representatives nominated by the 9 Provincial Councils. Given the unhappy chapter of the Thamil Eelam armed struggle (that is now coming to a close) such an Upper House would go a long way towards consolidating ethnic harmony and promoting national unity in Sri Lanka.

Regional Elites in the Kandyan Kingdom
English educated cynics, ignorant of the indigenous heritage, may argue that what is good enough for Germany is not good for a small country like Sri Lanka. They would question the wisdom of connecting the provincial administration with the central legislature on the grounds we never has such constitutional traditions since universal franchise was granted by the British in 1931. Nor is it likely that we had such a tradition in the past, they would say, blindly accepting Western and Marxist prejudices about "Oriental Despotism" and the "Divine Right of Kings." Unknown to these cynics, whom Dr. Susantha Gunathilaka described well in his classic work "Crippled Minds" there has been an authentic Sri Lankan tradition whereby regional elites came together at the centre to rule the country in " pre-colonial times".

To discover this tradition of indigenous governance we have to go beyond the British colonial era into the Nayakkar dynasty period of the Kandyan Kingdom. Most people would be surprised to hear that Cabinet Government (where the largely ceremonial King reigns, while the Prime Minister and Cabinet rules) originated at about the same time in two countries of the 18th century world. In the United Kingdom with its German origin Hanover dynasty and the Kandyan Kingdom with its Indian Tamil origin Nayakkar dynasty. For readers who wish to know more and other Doubting Thomas’ to whom all this is constitutional sacrilege, Mahanama reccomends they read " The Kandyan Kingdom of Sri Lanka" by Dr. Lorna Dewaraja.

While the Indian Tamil monarch of the Kandyan Sinhalese was a ceremonial head of state like the Governor-General in the Soulbury Constitution, the heads of government were the Maha Adikaram (Prime Minister) and Deveni Adikaram (Deputy Prime Minister). Kandyan Adigars like Pilimatalave and Meegasthenna ran the business of government while Kings like Rajadhi Rajasingha and Keerthi Sri Rajasinghe were content to preside over matters of state. Much like the relationship that Dudley Senanayake had with William Gopallawa, or even more recently the balance of power between President D. B. Wijetunga and Ranil Wickremasinghe.

Even more remarkable is that the fact that the Kandyan Cabinet (Amatya Mandalaya) was a body "in perpetuem" which could not be dissolved, unlike the Cabinet and Parliament in Sri Lanka. When the reigning monarch died, it was the Amatya Mandalaya that appointed the Regent (Yuvaraja) or selected the heir-apparent as the next ruler (Rajjuruwo). Ofcourse the Maha Adikaram and Deveni Adikaram had the most authority in these matters. Dr. Lorna Dewaraja gives many examples from the 18th century Kandyan Court to substantiate these facts and one notable instance is when the Ministers threatened to impeach the King if he did not consider their will.

During the reign of Sri Vijaya Rajasinghe, the Amatya Mandalaya wanted the King to stop his father-in-law, Narenappa Nayakkar, from interfering with the business of government. The King at first refused and threatened to dissolve the Cabinet (much like W. Dahanayake did in 1960). Sri Vijaya Rajasinghe was told by the Ministers that while the King may sack individual Ministers, he cannot dissolve the entire Cabinet since it is a " body in perpetuem. " The Amatya Mandalaya however could depose the King if he did not respect the laws and customs of the country. Faced with this "impeachments crisis" Sri Vijaya Rajasinghe backed down and restrained his father-in-law. British writers such as John Davy, Henry Marshall, James Cordiner and John D’Oyle confirms these traditions of governance in their early 19th century writings.

What else was the Kandyan Cabinet except a Council of Ministers (Amatya Mandalaya) composed of eleven Provincial Governors (Disapathi), nine County Chieftains (Raterala), and the Chief Secretary (Maha Lekam), headed by the Prime Minister (Maha Adikaram) and Deputy Prime Minister (Deveni Adikaram)? The King (Rajjuruwo) was the Head of State and the Pallegampaha Maha Adikaram and Udagampaha Deveni Adikaram were the Heads of Government. There was also a Supreme Court named the Maha Naduwa.

The Kandyan Kingdom consisted of 21 grand divisions called Disavani (Provinces) and Rata (Counties) and was a decentralized polity like the Federal German Republic with its 16 Lander. The 16 Lander in Germany are Baden-Wurttemburg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Lower Saxony, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony, SaxonyAnhalt, Schleswig-Holstein, and lastly, Thuringia.

The Kandyan Kingdom had 12 Disavani ruled by 11 Provincial Governors. They were, Nuwara- Kalaviya, Thamankaduwa, Matale, Sath-Korale, Thun-Korale, Sathara-Korale, Sabaragamuva, Uva, Udapalatha, Valapane, and the twin Disavani of Vellassa and Binthenna, ruled by one Disapathi. There were also the 9 Rata each ruled by a County Chieftan. They were, Udunuwara, Yatinuwara, Dumbara, Hewaheta, Harispattuwa, Thumpane, Kothmale, Uda-Bulathgama and Patha-Bulathgama. The capital was Senkadagalapura, also called Maha-Nuwara (Great City), which came under the direct rule of the King.

New Senate for the Next Millennium
In the Senate of old Ceylon the House of Representatives elected 15 Senators while the Governor- General, in consultation with the Prime Minister, selected 15 Senators. The term of office for Senators was 6 years. once elected, the Senators were free to vote according to their conscience, not being subjected to either the Chief Government Whip or the Chief Opposition Whip like in the House of Representatives. The 101 Member of House of Representatives and the 30 member Senate together formed the first Parliament of old Ceylon in 1947. The Senate had the President and the Deputy President as its presiding officers and the Deputy President was also the Chairman of Committees in the Senate.

Sir Ivor Jennings makes this observation about the independence of the Senators and its advantages in the cause of good governance. " Further, the Commission thought that those who, rightly or wrongly, feel themselves menaced by majority action, may regard a Second Chamber not merely as an instrument for impeding precipitate legislation, but as a means of handling inflammatory issues in a cooler atmosphere....Its essential function is to interpose delay where it considers the proposals of the House of Representatives ill considered, to bring a less controversial note into politics, and to hold debates on a high academic level so that the country may understand the fundamental issues on which its social and economic problems are based. It would help if, unlike the Members of the House of Representatives who have to constantly fight for their seats, the Senators would talk rarely but talk well. "

Mahanama proposes a 60 member Senate, which together with the 170 member House of Parliament would form the new model National Parliament of 21st Century Sri Lanka. As a first step, the qualification to be a Senator should be age 30 and above, G.C.E. Advanced Level or equivalent, and the lack of a criminal record. There would be no point if the Senate is going to consist of IRC karayas: Islands Reconvicted Criminals. Sotthi Upali prototypes may be good enough for the UNP Executive Committee but not good enough for the Senate of Sri Lanka which would be an "august body of eminent persons."

Taking the cue from the German Bundesrat and the Amatya Mandalaya of the Kandyan Kingdom, as well as the Indian Rajya Sabha, the Senate would have ninety percent of its members nominated by the nine Provincial Councils. Each Provincial Council would nominate 6 Senators as follows. The Provincial Chief Minister would nominate 3 and the Provincial Opposition Leader 3 members. Of these both the Chief Minister and opposition leader would be compelled by law to nominate one woman Senator each. This would ensure that of the 54 Senators nominated by the Provincial Councils, at least 18 are women. The President of the Republic shall nominate another 6 Senators of which 2 shall be women. In all there would be a minimum of 20 women Senators in the 60 member Senate. Furthermore, the Governor of the Province shall ensure that the Chief Minister and Opposition Leader are among the 6 Senators nominated by each Provincial Council.

Senate Executive Committee System
Since the purpose of the Senate is to promote national unity and ensure good government there shall be 6 Senate Executive Committees each led by a Chairman and Vice Chairman. Each Committee shall have 10 members so that all Senators are involved in the Executive Committee system. The leader of the Senate and the deputy leader will be called Chancellor and Vice Chancellor. The Vice Chancellor of the Senate shall also be the Chairman of Committees, just as the Deputy Speaker is the Chairman of Committees in the House of Parliament. There shall also be a Deputy Chairman of Committees.

The 6 Senate Executive Committees will be the bodies that would approve the members nominated to the 18 Permanent and National Commissions by the President of the Republic. The President of the Republic, in consultation with the Prime Minister, Speaker of the House, Leader of the Opposition and Chief Justice, would nominate the Members of Commissions who would have to be scrutinized by the relevant Senate Executive Committees. These sessions would be open to the print and broadcast media to ensure citizens participation and greater democracy. This is to ensure that crooks and criminals won’t become Members of Commissions. The six committees and the commissions under their jurisdiction shall be as follows.

Senate Executive Committee on Public Petitions and Human Rights; accountable for the

• (a) Permanent Commission on Bribery and Corruption,

• (b) National Law and Prison Reform Commission,

• (c) Permanent Human Rights Commission.

Senate Executive Committee on Citizens Franchise and Good Governance; accountable for the

• (a) Permanent Independent Elections Commission,

• (b) National Public Service Commission,

• (c) Permanent Judicial Service Commission.

Senate Executive Committee on Provincial Councils and Local Government; accountable for the

• (a) Permanent Provincial Public Service Commission,

• (b) National Local Government Commission,

• (c) Permanent Commission on Provincial Finance.

Senate Executive Committee on Education Standards and Language Policy; accountable for the

• (a) Permanent University Grants Commission,

• (b) National Education Standards Commission, • • (c) Permanent Official Languages Commission.

Senate Executive Committee on Mass Media and Cultural Affairs; accountable for the

• (a) Permanent Media Freedom Commission,

• (b) National Aesthetic Freedom Commission,

• (c) Permanent Cultural Heritage Commission.

Senate Executive Committee on Environment Conservation and Energy Resources; accountable for the

• (a) Permanent Commission on Wildlife and Reforestation,

• (b) National Atomic Energy Commission,

• (c) National Energy Resources Commission.

Like in the case of the 17 Parliamentary Advisory Committees in the 170 member House of Parliament, the 6 Senate Executive Committees in the 60 member Senate will encourage participation of the full house. Each committee of 10 would have a supervisory role in the appointment and workings of the 18 permanent and national commissions. The Senate would truly be the " People’s Tribunes " keeping the balance of power in favour of democratic values, justice, provincial identity, national unity and good government like it happens in the German Bundesrat. That is the " New Model Senate" that Mahanama proposes for 21st century Sri Lanka.

An unique occasion for an unique person
By Cecil V. Wikramanayake

Friday evening, June 4, 1999. "Sunshine". A modest house in Subuthipura, saw an unusual gathering of vehicles outside its gates. People of all ages, and from all walks of life were congregating there and by 6 o’clock, the home of Frederick Donald Peiris was full to overflowing.

The occasion ? As E.P.P. (Oliver) Jayasuriya, President of the Richmond 60 Club said, as he made a congratulatory speech to the host, Donald Peiris, who was celebrating his hundredth birthday, "It is an unique occasion for an unique person, for it is very seldom given to a man to celebrate a century of years in this world. Donald Peiris, the patron of our club has achieved a greater century than the centuries he scored in his youth for his school, Richmond. I can, without fear of contradiction, say that he is unique in the sense that no club, anywhere in the world, can boast of having a patron who is a hundred years of age. In fact, few clubs anywhere can claim to have a member of that age."

So, naturally, it was an occasion for celebration, which began with Canon Gamini Seresinghe of the Anglican Church and Rev. Shelton de Silva of the Methodist Church, both old boys of Donald’s old school, conducting a Service of Thanksgiving.

"O Lord our God, " intoned Rev. Shelton de Silva, "You have given man three score years and ten in which to live on this earth, and if by reason of strength, four score years. But in your wisdom you have blessed this your son whose birthday we celebrate today with five score years.

"We give thanks that along with physical gifts of health and strength you have also given him spiritual gifts of humility, humanity and the desire to play the game fairly and in the best traditions. He therefore has been able to enrich the school we come from. We further thank and bless you for all the benefits he and all of us gained by belonging to such a school. We thank you for its founders, missionaries, dedicated teachers and pupils, who were a blessing to us and continue to be a blessing to the whole nation.

"You have been especially good to us, O Lord. We are grateful and he is grateful for all such happy memories of the past. ‘How we rejoiced as we struggled and panted, Hardly believable forty, or sixty or eighty years on.’

"We thank you that we were blessed, as few in our day were blessed by the traditions that moulded our lives. May our coming together today be a memorable event, where we celebrate not only your goodness to our friend, and his and our families, but your goodness to each one of us. May we spend the rest of our days in gratitude for the benefits that we have received and in the service of our fellow men."

When that was over, the President of the "only club in the world which has a centenarian as its Patron" spoke, of Donald’s prowess in the field of sport, in the field of agriculture, and now, his prowess in having survived the "slings and arrows of outrageous fortune" for a hundred years.

They had all come to celebrate this unique occasion, friends, relations, neighbours. Apart from his fellow club members, all of them over sixty years of age, and many of them long past the biblical span of three-score-and-ten, there were neighbours like Chintha Akuretiyagama, Kingsley and Padma Ratnapala. There were relations like Hinton and Lakshmi Caldera, and friends of the younger generation like Lucky and Victorine Wikramanayake and their son Suresh.

Old Richmondites of close to Donald’s age, too, were able to make it, with the assistance of younger club members, and a welcome sight was Hope Abeywardena and his wife, and Nanda Abeygunawardena, recovering from his second heart attack, but determined to honour his patron. Alan de Saa Bandaranaike was there to lead the singing of the College hymn and the college song.

I could see centenarian Donald’s hand moving in time to the first song as the guests gathered round the piano and Donald, to sing "That Silver-haired Daddy of Mine" followed by many of the golden oldies that were popular more than 75 years ago.

Everyone wished the "birthday boy" and expressed the desire that he would see three centuries, come January 1, 2000.

School-days in Batticaloa
(Gullible’s Travails 9 )
By Cecil V. Wikramanayake

When we came to Batticaloa, there was only one club there, the Batticaloa Gymkhana Club, the membership of which was limited to Civil Servants, Planters and Englishmen. This wasn’t to Dad’s liking.

It was the year 1936, when Independence was a long way off and this country was still in the Colonial era, where the Englishman was Lord and Master and we citizens mere serfs, there to do their bidding.

Dad had been an athlete, sportsman and one of those very ‘sociable’ persons. With others like him who were not in the Civil Service and who were not eligible for membership in the Gymkhana Club, he soon formed the Batticaloa Town Sports Club.

Its founder members included Bill (K. W.) Devanayagam, a proctor, K. V. M. Subramaniam, proctor, Sam W. Stephens, proctor, M. Casipillai, surveyor, R. R. Stoner, J. H. N. Meerwald, S. J. Gunesegeram, Dr. J. T. Amarasingham, "Papa" Dixon Canagasabey and several others.

They obtained a lease of a piece of land opposite the Resthouse and built a Tennis Court in time for the inauguration festivities. I remember Meerwald was the Ground Secretary and was in charge of the laying out of the court. It was only after the job was completed that it was discovered that the sun shone into the face of the players - the court had been laid the wrong way. This was later remedied and two courts came up in place of the one.

For the younger and more energetic members, and beginners in the game of Tennis, Dad brought in an innovation called "Padder Tennis" or "Paddle Tennis", played with large wooden tennis rackets, rather like oversized ‘ping-pony’ rackets.

Dad had a friend, a Mr. Chawla of "Diana’s" the sports goods company, who introduced this game to Batticaloa.

When I last visited Batticaloa, shortly before the ‘ethnic troubles’ that have now beset this country, the Town Sports Club was still in existence and several members, older ones, spoke of Dad who is still remembered as the Founder of the club and a man who brought life to what had been a sleepy town in the back of beyond.

In September 1936 there was a terrible flood in Batticaloa. The Sand Bar, the outlet from the lagoon to the sea, had been blocked -a seasonal event — and this combined with the heavy rains had made the huge lagoon overflow its banks. The Batticaloa esplanade and all the lower lying areas went under water. The waters came right up to the school steps, making the esplanade a vast swimming pool about two to three feet deep.

What fun we had. We came to school, left our books, shirt and shoes there and spent hours in the water frolicking like Charles Kingsley’s Water Babies.

There were just three boys in my form at the Methodist Central College, with whom I became quite pally, for we were all on the same wavelength, so to speak. They were Aelian George Russel Puvinayagam, Maheswar Prasad, and Bertram A. J. Casinader, eldest son of Charles Brown Casinader, who lived next door to the school at Love Lane.

Mahes was the second son of the Government Agent, M. Prasad. Russel’s father was dead and he lived with his mother and sister Carmen in Eliza’s Lane on the mainland, near the market.

Russell was the fairest of them all and I fell in love with him, for I still remember him as a gangling, shy boy, though very much taller than I. I met him some years ago in Colombo. He was very tall, still very shy and was not married.

I remember some of the other boys too, like Sammy Somanader

GENDER VIOLENCE
by Zanita Careem

Everyday there is some form of violence against women reported in our daily papers. These are some random samples.

• 31 year old women strangled and stabbed to death.

• 29 year old women raped at gun point.

• Some school girls abused by a police officer at a checkpoint.

Though statistics represent a high rate of reported crimes against women, most often crimes against women go unreported.

And lurking behind the cold unemotional figures is the frightening shadow of fear and tension. Fear of social ethos prevent women from reporting instances of rape. Ironically most instances of violence against women begin at home.

In most cases 76% of women were sexually abused as children or in adolescence at least by one family member. This is termed as incest. Most often women are abused by their fathers-in-law it is reported.

From sexual abuse at home the vicious circle of gender violence spreads across communities, cities and classes.

Violence against minorities communal riots or caste wars always have women and children as their targets.

Violence is endemic in every sphere of her life from birth to death with the shadow of fear of the known and unknown haunting her every single day.

There are hundreds of women’s organisations campaigning against violence of women, harassment. Despite this, not much has changed for the Sri Lankan woman who finds herself in an ironical situation. On the one hand she stands on the threshold of social economic and political empowerment and on the other hand is at the receiving end of violence.

There are also cases of conservative families who encourage sometimes violence against their daughters for marrying outside their castes, communities or creed.

According to a senior police officer many cases of rape or other forms of violence against women take place because of their provocative dress or their seductive body language.

Most parents of girls complain they remain restless till their daughters return from school or their workplaces as the streets are full of males who want to have a crush against women and gain vicarious pleasure. There are many opportunities for sadists travelling in public transport vehicles and in overcrowded buses, coaches and trains, women are helpless in such cricumstances as they are compelled to get home quickly despite the anti-social actions of perverts.

Further many poor or deprived girls are either abducted, bought over from their poor parents or seduced by false promises of marriage and then sold to brothels.

What causes so much of violence? The fact is that our political and social system are collapsing. We live in an age where you can pay off anybody and get away says a leading lawyer.

Take the case of factory workers. Most of them come from villages to the cities work late hours, and return to their dingy overcrowded rooms where they neither enjoy rest or relaxation.

Crimes against women have increased, so have strong women’s movement. As women become more vocal and step out of the traditional patriarchal set up the more vicious becomes the forms of violence against them.

The women’s charter set up to facilitate justice for women lack teeth and can do little to combat the problem of violence.

During the Wayamba elections, women were stripped, beaten and were asked to parade.

What did these organisations do? Most often the police treated domestic violence as a family matter and remained unsympathetic.

With the escalation of violence against women, what is the future of women going to be. Colombo, small town, even villages have become a nightmare for the female as they are constantly the targets of violence and harassment. To change this situation women need to change social apathy and stand firm against domineering men, sadists perverts and rapists.

Most of us read in the papers the shame and suffering of our sisters, discuss within our homes, express anger against the ruffians and then forget about it to continue to live on till another major tragedy befalls another sister.

The attitude is, as long as it does not happen to me, it does not matter.

Women should realise their rights and create awareness among other women.

More women judges and police officers manning police stations may ensure that women won’t face many problems they now face.

A lot has also to do with the unequal gender balance that we haven’t yet mastered With the woman President at the helm and a woman PM, Sri Lankan women have nothing to fear of fear. So what needs to change is the social apathy that we find steeped in.

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