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Forthcoming general election and its aftermath

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by Neville Ladduwahetty

Sri Lankans would be going to the polls on August fifth to elect a new parliament. However, what is to follow depends on which party secures the majority to form a stable government. The prevailing prediction is that the Sri Lanka Podujana Peramuna (SLPP) is most likely to secure at least a sufficient majority to form a government.

Such an outcome would mean that President Gotabaya Rajapaksa as the Executive and a legislature headed by Prime Minister Mahinda Rajapaksa would be jointly responsible for the governance of Sri Lanka. If the SLPP secures only a simple majority the processes of governance would be constrained by the limitations and contradictions inherent in the 1978 Constitution and in the Nineteenth Amendment (19A). This would hamper post COVID-19 recovery. Therefore, it is imperative that without a two-thirds (2/3) majority to amend 1978 Constitution and 19A to bring clarity to its provisions or even introduce a new Constitution, it would not be possible for Sri Lanka to emerge from the unprecedented challenges presented by the COVID-19 disaster.

If, on the other hand, the SLPP secures only a simple majority, a national government with a 2/3 majority could be formed by means of provisions of Article 46 (4) similar to the dubious precedent crafted by the Yahapalana government. Such an approach would compel a SLPP government to accommodate the interests of coalition partners at considerable cost both financially as well as having to compromise its agenda. Therefore, if Sri Lanka is to recover from the COVID-19 crisis it is best that the government has a 2/3 majority sufficient to give it the freedom to act free of constraints of coalition demands and fetters of the 1978 Constitution and19 A.

THE NEED to REVISITING 19A

The need to revisit the 1978 Constitution and 19A is because the ambiguities and contradictions in their provisions have caused constitutional experts and academics to arrive at vastly divergent interpretations and conclusions. For instance, some interpret that 19A has transformed what was essentially a Presidential system based on separation of power into a Parliamentary system where separation of power is blurred to such an extent that they describe the present system as a Parliamentary Democracy. Others on the other hand, maintain that what 19A achieved was to prevent arbitrariness of Executive action that had existed under the 1978 Constitution, and not to transfer power from the Executive to Parliament. This is confirmed by the Supreme Court ruling on 19A that stated: “that the transfer, relinquishment or removal of a power attributed to one organ of government to another organ or body would be inconsistent with Article 3 read with Article 4 of the Constitution”. Therefore, it could be concluded that the intended transformation from a Presidential system to a Parliamentary system did not materialize notwithstanding such claims.

The 1972 Constitution is unambiguously based on a Parliamentary system while the 1978 Constitution is based on a Presidential system. However, the incorporation of certain provisions from the 1972 Constitution into to the 1978 Constitution, followed by 19A, has caused divergent interpretations. Hence, a few key issues are presented below to illustrate the need to revisit the 1978 Constitution and 19A in order to bring clarity to the current Constitutional provisions to ensure that the system of governance is either clearly Parliamentary or Presidential and not a mix of both.

CONSTITUTIONAL PROVISIONS of the 1972 CONSTITUTION

The relevant Articles in the 1972 Constitution are:

Article 91: “The President shall be responsible to the National State Assembly (Parliament) for the execution and performances of the powers and functions of his office under the Constitution…”.

Article 92 (1) states: “There shall be a Cabinet of Ministers charged with the direction and control of the government of the Republic which shall be collectively responsible to the National State Assembly and answerable to the National State Assembly on all matters for which they are responsible”.

Article 92 (2) states: “Of the Ministers, one who shall be the Head of the Cabinet of Ministers shall be the Prime Minister”.

Article 94 (1) states: “The Prime Minister shall determine the number of Ministers and Ministries and the assignment of subjects and functions to Ministers”.

Article 94 (2) states: “The President shall appoint from among the members of the National State Assembly Ministers to be in charge of the Ministries so determined”.

Article 94 (3): “The Prime Minister may at any time change the assignment of subjects and functions and recommend to the President changes to the composition of the Cabinet of Ministers…”.

CONSTITUTIONAL PROVISIONS of the 1978 CONSTITUTION

Article 42 states: “The President shall be responsible to Parliament for the due exercise, performance and discharge of the powers, duties and functions under the Constitution…’.

Article 43 (1) states: “There shall be a Cabinet of Ministers charged with the direction and control of the Government of the Republic which shall be collectively responsible and answerable to Parliament”.

Article 43 (2) states: “The President shall be a member of the Cabinet of ministers and shall be the Head of the Cabinet of Ministers”.

Article 44 (1) states: “The President from time to time, in consultation with the Prime Minister, where he considers such consultation to be necessary –

(a) “determine the number of Ministers of the Cabinet of Ministers and the Ministries and the assignment of subjects and functions to such Ministers” and

(b) “appoint from among the members of Parliament Ministers to be in charge of the Ministries so determined”.

Article 44 (3) states: “The President may at any time, change the assignment of subjects and functions and the composition of the Cabinet of Ministers…”.

CONSTITUTIONAL PROVISIONS of 19A

Article 42 (1) states: “There shall be a Cabinet of Ministers charged with the direction and control of the Government of the Republic”.

Article 42 (2) states: “The Cabinet of Ministers shall be collectively responsible and answerable to Parliament”.

Article 43 (1) states: “The President shall in consultation with the Prime Minister, where he considers such consultation to be necessary, determine the number of Ministers of the Cabinet of ministers and the Ministries and the assignment of subjects and functions to such Ministers”.

Article 43 (2) states: “The President shall on the advice of the Prime Minister appoint from among Members of Parliament, Ministers, to be in charge of the Ministries so determined”.

Article 43 (3) states: “The President may at any time change the assignment of subjects and functions and the composition of the Cabinet of Ministers…”.

IMPACT of CONTRADICTORY PROVISIONS

The constitutional provisions of the 1972 Constitution presented above are consistent with a Parliamentary system. Notwithstanding this fact, such provisions that are appropriate for a Parliamentary system have been incorporated into the 1978 Constitution and 19A that are essentially Presidential. This has caused both the 1978 Constitution and 19A to be seriously compromised. It is therefore imperative that amendments are introduced to ensure that the system of governance is either Parliamentary or Presidential in all respects.

For instance, commenting on Article 43 of the 1978 Constitution (presented above), the Supreme Court in S.D. No. 04/2015 stated: “This important Article underscores that the Cabinet collectively is charged with the exercise of Executive power, which is expressed as the direction and control of the Government of the Republic and the collective responsibility of Cabinet of which the President is the Head. It establishes conclusively that the President is not the sole repository of Executive power under the Constitution. It is the Cabinet of Ministers collectively, and not the President alone, which is charged with the direction and control of the Government. This Cabinet is answerable to Parliament. Therefore, the Constitution itself recognizes that Executive power is exercised by the President and by the Cabinet of Ministers, and that the President shall be responsible to Parliament and the Cabinet of Ministers, collectively responsible and answerable to Parliament with regard to the exercise of such powers…”.

On the other hand, the Courts have accepted that Article 3 that deals with the sovereignty of the People should be read with Article 4. Therefore, the guiding principle in the exercise of Executive power in the 1978 Constitution should be Article 4 (b). Article 4 (b) states: “the executive power of the People, including the defence of Sri Lanka, shall be exercised by the President of the Republic elected by the People”. This Article specifically reposes Executive power of the People ONLY in the President. Therefore, Executive power must necessarily be exercised solely by the President and not jointly shared with the Cabinet of Ministers. This means that anyone else exercising executive power must derive its authority from the President.

The comments of the Supreme Court in S.D. No. 04/2015 also stated: “It is in this background that the Court in the Nineteenth Amendment Determination came to a conclusion that the transfer, relinquishment or removal of the power attributed to one organ of government to another organ or body would be inconsistent with Article 3 read with Article 4 of the Constitution. Though Article 4 provides the form and manner of the sovereignty of the people, the ultimate act or decision of the executive functions must be retained by the President. So long as the President remains the Head of the Executive, the exercise of his powers remain supreme or sovereign in the executive field and to others to whom such power is given must derive the authority from the President or exercise the Executive power vested in the President as a delegate of the President”.

If, as stated above by the Court, the President as the Head of the Executive is “sovereign in the executive field”, the President who represents one of the three branches of the Government – the Executive, is co-equal with the Legislature and the Judiciary under provisions of separation of power. Therefore, the President cannot be responsible to another organ of government – the Parliament. Furthermore, since the Cabinet of Ministers derive their authority from the President, the Cabinet cannot be responsible and answerable to Parliament either. Under the circumstances, Article 33A that calls for the President to be responsible to Parliament “for the due exercise performance and discharge of his powers, duties and functions” is a violation of the principle of separation of power.

Another important issue that arises from the fact that the President is sovereign in the executive field is the constitutional provision that his executive powers include the defence of Sri Lanka. Therefore, the President has a right granted by the Constitution to be the Minister of Defence regardless of whether the President is a Member of Parliament or not. The prerogative of such a decision should be left to the President, instead of having to delegate it to someone else, invariably less competent in issues relating to security. Since the provision to select Cabinet Members from among members of Parliament is a carry-over from the defunct 1972 Constitution this constraint should be repealed since it has no relevance in a Presidential system.

ARTICLE 46 – UNIQUE ONLY TO 19A.

Article 46 (1) (a) and (b) limits the number of Cabinet of Ministers to thirty and sets an aggregate limit of forty on the number of Ministers who are not members of the Cabinet of Ministers and Deputy Ministers.

Having sets limits, the framers of 19A provided a device by means of Article 46 (4) and (5) to enable Parliament by Resolution to exceed the very limits they themselves stipulated above. In fact, this device is so crafty that it enables even a minority government with the largest majority to form a National Government with even a 2/3 majority by forming a coalition with other recognized political parties. Had the Article stated “the political party with the largest majority together with ALL other political parties” the task of forming a National Government would in all likelihood been unrealistic. This device was exploited to the fullest advantage by the former Yahapalana government. The net effect of the current provisions in 19A is to ridicule their own attempts to appear well intentioned by proposing a leaner Cabinet and make a mockery of the “will of the people” by introducing a corrupted way out of the limits set by themselves.

19A – THE CONSTITUTIONAL COUNCIL

Article 41 B (1) states: “No person shall be appointed by the President as the Chairman or the member of any of the Commissions specified in the Schedule to this Article, except on a recommendation of the Council”.

Article 41 C (1) states: “No person shall be appointed by the President to any of the Officers specified in the Schedule to this Article…unless such appointment has been approved by the Council”.

The Court ruled that the transfer, relinquishment or removal of power attributed to one organ to another violates Article 3 when read with Article 4 of the Constitution. If this is so, would not the transfer of power that the President had, to appoint Commissions and Officers prior to 19A, to another body that is not even another organ of Government as recognized by Article 3 read with Article 4, amount to a violation of the sovereignty of the People? Furthermore, the operation of the Council has become so dysfunctional that the country today does not have a functioning Inspector General of Police. The reason for this is a system failure because the President who makes the appointment could keep on rejecting nominations by the Council causing posts being vacant as in the case of the IGP. Therefore, this provision too needs to be seriously amended. An alternative would be to restore the powers the President had under Articles 54, 55 and 107 of the 1978 Constitution and for him to make appointments subject to the approval of the appropriate Oversight Committees of Parliament and repeal Chapter VIIA of 19A.

19A – DISSOLUTION of PARLIAMENT

According to 19A Article 70 (1) states: “The President may by Proclamation, summon, prorogue and dissolve Parliament. Provided that the President shall not dissolve until the expiration of a period of not less than four years and six months…unless Parliament requests the President to do so by a resolution passed by not less than two-third of the whole number of Members voting in favour”.

This Article presents two serious issues. One, it places the President at a disadvantage in relation to Parliament since Parliament is not constrained by a time bar whereas the President is. Therefore, Parliament could request the President to dissolve Parliament at any time with a 2/3 majority whereas the President is compelled to wait four and half years to dissolve Parliament. Such drastic disadvantages are not in keeping with principles of separation of power among co-equals. Such inequality is unacceptable for two separate organs of government elected separately by the People. The second serious issue is that securing a 2/3 majority for a political party under provisions of proportional representation is bound to be a rarity. This compels Parliament to continue however dysfunctional it is.

Therefore, the net effect of Article 70 (1) as currently presented is for the country to be governed by a government even if the situation is so dire that it warrants dissolution of Parliament because of the constitutional straightjacket of this Article. Consequently, as always, it is the People who have to endure.

CONCLUSION

The outcome of the forthcoming General Election to elect a new Parliament would have a serious impact on how effectively Sri Lanka recovers from the challenges imposed by the unprecedented COVID -19 crisis. The most significant single factor that would influence the recovery process is the current Constitution. The 1978 Constitution and 19A contain constitutional provisions that are a mix appropriate to both Parliamentary and Presidential systems. This has made governing processes convoluted. Therefore, it is imperative that the current provisions are amended, so that the Constitution is Presidential in all respects and not a mix of both Parliamentary and Presidential as currently exists, with the appropriate checks and balances by the Parliament and the Judiciary, in a way that would not hamper effective Executive action.

The reason for the existence of Parliamentary and Presidential systems in the present Constitution is because the operation of a Presidential system based on separation of power, is not commonly understood despite it being in existence for over four decades. A glaring example of the lack of appreciation of what separation of power means is selection of the Cabinet of Ministers from among Members of Parliament. This results in the same individual serving two separate organs of government resulting in conflict of interest. This practice should cease. If Members of Parliament are to be Members of the Cabinet, they should relinquish their association with Parliament as practiced by other countries with Presidential systems.

Under the circumstances, a government with a simple majority would not be in a position to introduce the needed amendments without which the recovery process would be hampered by the existing constitutional ambiguities and contradictions. Therefore, it is only a 2/3 Parliamentary majority that would facilitate the introduction of the needed amendments without which it would not be possible for Sri Lanka to emerge from the unprecedented challenges presented by COVID-19 pandemic.



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A call for confidence in Rajavasala

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The government is highly cheerful about the defeat of the SJB’s vote of no confidence on Minister Gammanpila.

It was able to display its two-thirds power in Parliament. Those smaller parties that are aligned with the Pohottuva such as the SLFP and Wimal Weerawansa’s NFF and others remained fastened with Pohottuva power. The new message after the SJB’s defeat is that the people are wholly supportive of the increase in fuel prices. In fact, they have been voting to support the new fuel prices, and thus Finance Minister Basil Rajapaksa does not have to do anything about it. Forget all that talk about how that price increase would not have happened if BR had been in the country, or that he would reduce it in a couple of days in office.

The record of no-confidence motions in our Parliament from 1948 is certainly different. Many such motions have been defeated, but the wider and deeper messages they carried have remained with the voters, who did what was necessary when the time for a larger national Vote of No-Confidence came their way.

This is the first big issue that Sajith Premadasa faced as leader of the SJB. There was somewhat of a challenge to him with the presence in Parliament of his former leader, and continuing UNP leader Ranil Wickremesinghe, who did try a green twist to the motion by trying to amend it to read against the whole government. Such twists and turns in politics can only be expected when persons who are wholly defeated by the voters in an election, the entire party and himself included, enters the House through the backdoor of the National List.

What this no-confidence motion brought before the people is much more than the rise in fuel prices. Amidst the Covid-19 pandemic, and the government’s flagrant misuse of quarantine regulations to forcibly grab and transport trade union, civil rights, and political critics and opponents to a lock down centre in the North, combined with the continuing protests by farmers without necessary fertiliser, there is a rising mood of public discontent with the advancing power of the Rajapaksas. Here are some of the real ‘confidence’’ issues facing the people.

Does Pohottuva think the public are wholly supportive of the presidential pardon to a murderer convicted by the Court of Appeal and the Supreme Court? What about the three others who were also convicted with the same person? Is the public cheerful about such a pardoned, but not freed of crime – person, being appointed to head a major state institution on housing development? Is housing to be a sector of increasing political manipulation, much more than it was when Wimal Weerawansa, as Minister of Housing and Common Amenities, was at play in that sector, with luxury housing for relatives?

By the way, Weerawansa was a loud and strong opponent to the no- confidence motion against Minister Gammanpila.

There is currently some confused thinking on the silent protest carried out by teachers on distant teaching through the internet. The vast numbers, in several thousands, who participated in the public call for action by the government on the long-standing teacher demands, did show the necessity for action.

The public who may be even critical of the trade union action by the teachers are certainly not supportive of them being called ‘kaalakanniyo’ – miserable, wretched – even by a Cabinet Minister, whatever rank or status he may hold. Minister Rambukwelle could have turned many teachers, who may have preferred to be silent about their dispute on income and rights, to openly join the related trade union action. The Minister’s subsequent reference to teachers as ‘divinities’ certainly had little impact, in a land where there are unholy divinities, too.

The increase in the size of protests today shows a rise in the mood of opposition to the government. The public reaction to the ugly and shameful show of force against citizen protesters by the Police, against court orders, too, seem to have pushed the Police somewhat into the background. But we cannot be sure of that.

There have been many transfers and promotions of key police personnel, and the vacancy in the highest police post is not far away. Will the future actions on police management by the Rajapaksa Handlers send a new message on Police Brutality? Will the suspects brought to show evidence and are shot down, show an increase in the coming months? This is where public confidence in the government’s role in fighting crime and keeping peace will be on display, as the Rajapaksa Handlers move to more Family Power and less People’s Power.

More than two years have passed since that Easter Sunday attack on three churches, the deaths of so many, many more injured, families destroyed, parents gone and children lost, and the government still has to show the people the truth about this massive crime. The Archbishop of Colombo, Malcolm Cardinal Ranjith, has now given a one-month deadline for the President and the government to answer several key issues about this crime, which were key electoral promises of the Pohottuva candidate who is now the President, and the SLPP government of today.

The answers to these issues raised will show the confidence in the Sri Lankan government by the people of this country, irrespective of ethnicity, religion or caste; and the confidence in this country by the international community.

The defeat of the no-confidence motion on Minister Gammanpila should not be the stuff of worry for the Opposition in Parliament and the SJB. It is certainly a call to spread the wider message of no-confidence in a government that has failed in living up to its promises to the people.

The government may remain happy with its two-thirds majority in Parliament. But it certainly needs much more than parliamentary numbers to retain and build the confidence among the people. This is the real task of the Rajapaksa Power today. It has to move away from a Rajapaksa Senakeliya or Carnival, and try and settle down to Rajapaksa Service to the people, and not to themselves. A true call for Confidence in the Rajavasala, from those away from the Rajapaksa pack and players.

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How rebirth takes place

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(from THE BUDDHA AND HIS TEACHINGS by Venerable Nārada Mahāthera)

“The pile of bones of (all the bodies of) one man
Who has alone one aeon lived
Would make a mountain’s height —
So said the mighty seer.”
— ITIVUT’TAKA

To the dying man at this critical stage, according to Abhidhamma philosophy, is presented a Kamma, Kamma Nimitta, or Gati Nimitta.

By Kamma is here meant some good or bad act done during his lifetime or immediately before his dying moment. It is a good or bad thought. If the dying person had committed one of the five heinous crimes (Garuka Kamma) such as parricide etc. or developed the Jhānas (Ecstasies), he would experience such a Kamma before his death. These are so powerful that they totally eclipse all other actions and appear very vividly before the mind’s eye. If he had done no such weighty action, he may take for his object of the dying thought-process a Kamma done immediately before death (Āsanna Kamma); which may be called a “Death Proximate Kamma.”

In the absence of a “Death-Proximate Kamma” a habitual good or bad act (Ācinna Kamma) is presented, such as the healing of the sick in the case of a good physician, or the teaching of the Dhamma in the case of a pious Bhikkhu, or stealing in the case of a thief. Failing all these, some casual trivial good or bad act (Katattā Kamma) becomes the object of the dying thought-process.

Kamma Nimitta

or “symbol,” means a mental reproduction of any sight, sound, smell, taste, touch or idea which was predominant at the time of some important activity, good or bad, such as a vision of knives or dying animals in the case of a butcher, of patients in the case of a physician, and of the object of worship in the case of a devotee, etc…

By Gati Nimitta, or “symbol of destiny” is meant some symbol of the place of future birth. This frequently presents itself to dying persons and stamps its gladness or gloom upon their features. When these indications of the future birth occur, if they are bad, they can at times be remedied. This is done by influencing the thoughts of the dying man. Such premonitory visions of destiny may be fire, forests, mountainous regions, a mother’s womb, celestial mansions, and the like.

Taking for the object a Kamma, or a Kamma symbol, or a symbol of destiny, a thought-process runs its course even if the death be an instantaneous one.

For the sake of convenience let us imagine that the dying person is to be reborn in the human kingdom and that the object is some good Kamma.

His Bhavanga consciousness is interrupted, vibrates for a thought-moment and passes away; after which the mind-door consciousness (manodvāravajjana) arises and passes away. Then comes the psychologically important stage –Javana process — which here runs only for five thought moments by reason of its weakness, instead of the normal seven. It lacks all reproductive power, its main function being the mere regulation of the new existence (abhinavakarana).

The object here being desirable, the consciousness he experiences is a moral one. The Tadālambana-consciousness which has for its function a registering or identifying for two moments of the object so perceived, may or may not follow. After this occurs the death-consciousness (cuticitta), the last thought moment to be experienced in this present life.

There is a misconception amongst some that the subsequent birth is conditioned by this last death-consciousness (cuticitta) which in itself has no special function to perform. What actually conditions rebirth is that which is experienced during the Javana process.

With the cessation of the decease-consciousness death actually occurs. Then no material qualities born of mind and food (cittaja and āhāraja) are produced. Only a series of material qualities born of heat (utuja) goes on till the corpse is reduced to dust.

Simultaneous with the arising of the rebirth consciousness there spring up the ‘body-decad,’ ‘sex-decad,’ and ‘base-decad’ (Kāya-bhāva-vatthu-dasaka).

According to Buddhism, therefore, sex is determined at the moment of conception and is conditioned by Kamma not by any fortuitous combination of sperm and ovum-cells.

The passing away of the consciousness of the past birth is the occasion for the arising of the new consciousness in the subsequent birth. However, nothing unchangeable or permanent is transmitted from the past to the present.

Just as the wheel rests on the ground only at one point, so, strictly speaking, we live only for one thought-moment. We are always in the present, and that present is ever slipping into the irrevocable past. Each momentary consciousness of this ever-changing life-process, on passing away, transmits its whole energy, all the indelibly recorded impressions on it, to its successor. Every fresh consciousness, therefore, consists of the potentialities of its predecessors together with something more. At death, the consciousness perishes, as in truth it perishes every moment, only to give birth to another in a rebirth. This renewed consciousness inherits all past experiences. As all impressions are indelibly recorded in the ever-changing palimpsest-like mind, and all potentialities are transmitted from life to life, irrespective of temporary disintegration, thus there may be reminiscence of past births or past incidents. Whereas if memory depended solely on brain cells, such reminiscence would be impossible.

“This new being which is the present manifestation of the stream of Kamma-energy is not the same as, and has no identity with, the previous one in its line — the aggregates that make up its composition being different from, having no identity with, those that make up the being of its predecessor. And yet it is not an entirely different being since it has the same stream of Kamma-energy, though modified perchance just by having shown itself in that manifestation, which is now making its presence known in the sense-perceptible world as the new being.

Death, according to Buddhism, is the cessation of the psycho-physical life of any one individual existence. It is the passing away of vitality (āyu), i.e., psychic and physical life (jīvitindriya), heat (usma) and consciousness (vinnana).

Death is not the complete annihilation of a being, for though a particular life-span ends, the force which hitherto actuated it is not destroyed.

Just as an electric light is the outward visible manifestation of invisible electric energy, so we are the outward manifestations of invisible Kammic energy. The bulb may break, and the light may be extinguished, but the current remains and the light may be reproduced in another bulb. In the same way, the Kammic force remains undisturbed by the disintegration of the physical body, and the passing away of the present consciousness leads to the arising of a fresh one in another birth. But nothing unchangeable or permanent “passes” from the present to the future.

In the foregoing case, the thought experienced before death being a moral one, the resultant rebirth-consciousness takes for its material an appropriate sperm and ovum cell of human parents. The rebirth-consciousness (patisandhi vinnana) then lapses into the Bhavanga state.

The continuity of the flux, at death, is unbroken in point of time, and there is no breach in the stream of consciousness.

Rebirth takes place immediately, irrespective of the place of birth, just as an electromagnetic wave, projected into space, is immediately reproduced in a receiving radio set. Rebirth of the mental flux is also instantaneous and leaves no room whatever for any intermediate state (antarabhava). Pure Buddhism does not support the belief that a spirit of the deceased person takes lodgement in some temporary state until it finds a suitable place for its “reincarnation.”

This question of instantaneous rebirth is well expressed in the Milinda Pa񨡺

The King Milinda questions:

“Venerable Nagasena, if somebody dies here and is reborn in the world of Brahma, and another dies here and is reborn in Kashmir, which of them would arrive first?

“They would arrive at the same time. O King.

“In which town were you born, O King?

“In a village called Kalasi, Venerable Sir.

“How far is Kalasi from here, O King?

“About two hundred miles, Venerable Sir.

“And how far is Kashmir from here, O King?

“About twelve miles, Venerable Sir.

“Now think of the village of Kalasi, O King.

“I have done so, Venerable Sir.

“And now think of Kashmir, O King.

“It is done, Venerable Sir.

“Which of these two, O King, did you think the more slowly and which the more quickly?

“Both equally quickly, Venerable Sir.

“Just so, O King, he who dies here and is reborn in the world of Brahma, is not reborn later than he who dies here and is reborn in Kashmir.”

“Give me one more simile, Venerable Sir.”

“What do you think, O King? Suppose two birds were flying in the air and they should settle at the same time, one upon a high and the other upon a low tree, which bird’s shade would first fall upon the earth, and which bird’s later?”

“Both shadows would appear at the same time, not one of them earlier and the other later. “

The question might arise: Are the sperm and ovum cells always ready, waiting to take up the rebirth-thought?

According to Buddhism, living beings are infinite in number, and so are world systems. Nor is the impregnated ovum the only route to rebirth. Earth, an almost insignificant speck in the universe, is not the only habitable plane, and humans are not the only living beings. As such it is not impossible to believe that there will always be an appropriate place to receive the last thought vibrations. A point is always ready to receive the falling stone.

 

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Dual citizens; shocking rape cases going unpunished

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I have a bone to pick with my co-Friday columnist who writes from across the ocean about the Pearl. In his July 16 column, he writes at length on dual citizens entering the Sri Lankan Parliament while retaining citizenship of another country. He lauds it in no uncertain terms, while most of us natives, living in our motherland, oppose the move that was introduced in the 20th Amendment. He writes: “A Dual Citizen is back as a national list member of parliament. Now, this in a country that passed legislation that banned dual citizens from entering parliament. This of course is something I was and am vehemently opposed to …”

The previous ban which he ‘vehemently opposed’ he pins on the Kaduwa syndrome – inferiority complex; frog in the well mentality; “fear of intimidation, fear, and revulsion of learning anything new from others”. Cass labels his reasons tosh! He goes to the extreme of writing: “The only good thing that has happened is that a dual citizen is back as finance minister, no less. … Our entire national list should consist of qualified dual citizens who have experience gained from the first world.” The implication here is that all our Sri Lankan citizens holding only Sri Lankan passports are no good against dual citizens who to him are nonpareil, more so legislaters. Thus, he casts aside as useless all those holding higher qualification gained mostly locally and are loyal to the country. They to him are less in ability, qualifications, broadmindedness than those who escaped to foreign countries when the going was bad and now return when it suits them. I present sole citizens like Champika Ranawaka, Eran Wickremaratne and Harsha de Silva and very many medical professionals and agriculturists who have shown they are pre-eminently qualified in their several fields, and loyal to Sri Lanka too.

Dual citizens left the country for whatever reason, mostly escaping a sinking ship for better prospects even as second-class citizens. Then they had the bug of nationalism arising in their breasts. This when it suited them; when it was opportune for them to return to their country of birth. They seize the opportunity to be recognised, elevated, lauded; and return from obscurity in a foreign country to hosannas sung by loyalists and promoters of dual citizenship like Rajitha Ratwatte. If they are so loyal and want to serve their mother country, why don’t they give up the citizenship of the country chosen for emigration and become solely Sri Lankan citizens? Oh no, they keep a safety branch handy for escape – to obscurity though – when things get too hot here. Even Basil Rajapaksa took plane to the US immediately after his brother’s defeat at the 2015 presidential election. Now back with several brothers in high power, nephews included; in short, a government mostly by the Family, it is ideal for Brother Basil to return and to boost his return, such loud singing of hosannas and prediction this Knight with superhuman powers will kill the dragon of economic bankruptcy that is poised to devour poor Sri Lanka. He may even banish the virus that has overpowered the entire world. We Ordinaries will wait and watch.

It is no to persons like medical interns who got their entire education- high school plus medical – at government expense and then scooted slyly to greener pastures immediately after getting their MBBSs. This closed door also to those who fled punishments or change of government or jumped the ship they thought was sinking or scooted for whatever expediency. However, those who felt they had no hope of career development in this country or went for higher studies (when local universities were closed for long or did not accept them) and then decided to stay back in the host countries as citizens are welcome back as even dual citizens since their return is prompted by caring for parents and siblings left behind, or wanting to settle down on birth turf and benefit the country with foreign money and expertise gained. Some highly qualified, medical professionals mostly, revisit Sri Lanka and give immense help free of charge. We welcome them wholeheartedly and are grateful. But not those whose motives for returning are purely selfish.

What particularly irked ole Cass were these two statements of Rajitha Ratwatte writing ‘From Outside the Pearl’. “The only good thing that has happened is that a dual citizen is back as finance minister, no less” and “our entire national lists should consist of qualified dual citizens who have experience gained from the first world.” I won’t deal with the first statement. How can he judge whether it is the only good move of government until Basil delivers the prediction of saving the country? Then the promotion of dual citizens to Parliament – “qualified with experiences gained from the first world.” I mentioned how some of these come back to help us but never as politicians or into politics. Those who come into the political arena so far have not advertised their higher qualifications and some have experience in petrol pumping if not dish washing!!

Rape rears its medusa head

We have been hearing and reading about a 15-year-old girl sold for prostitution by her mother and used by the many including some high persons. The case is out in the open and due punishment may be meted out. Another case was highlighted about a younger girl and I was told that social media highlighted a father who abused his two daughters and is in hiding now. Words fail ole Cass to express how reprehensible these cases are: unbridled perverse sexual desire and greed for money; two conditions rampant now. Cass nearly fell of her chair when she read the first page news item in The Island of Wednesday July 21. “National child protection policy not implemented for 21 years, says COPE.” Rather usual in this Paradise Isle gone rotten. But what followed both inundated Cass’s heart with deep sorrow followed by raging fury, though useless. A beautiful, typically dressed 16 year old Tamil girl – Ishalini Jude Kumar – is featured in the article “who succumbed to injuries caused by a fire in the residence of lawmaker Rishad Bathiudeen at No 410/16, Baudhaloka Mawatha, Colombo 7.” Stunning. Shocking beyond words. Cass believes the rape and suspects it was continuous but never will accept the self immolation.

This particular MP and former Minister has had two previous allegations against him – the destruction of parts of a forest bordering Wilpattu to build houses for his supporters and association with some Easter Sunday carnage suspects.

Rape and molesting children are extra extra-nasty social evils. The perpetrators must be severely punished. In Saudi Arabia it was said that stealing was punished with hands amputated so…

Cass leaves you on that note – to mull over as Sri Lanka is saved by the Hon Basil R and we get back to being Paradise.

 

 

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