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Professor Lakshman Marasinghe

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(10 March 1934 -1 January 2023)

Professor Lakshman Marasinghe a world recognized authority on Private International Law, and a scholar of international repute, passed away on January 1, 2023. His loss is a blow to the scholarly pursuit of law both in Sri Lanka and around the world. Professor Marasinghe had a long and distinguished teaching career holding appointments as Visiting Professor of Law in many universities around the world.

He held an LLB degree with first class honours from University College, London followed by an LLM with distinction and a Ph D. He was an Emeritus Professor of Law at the University of Windsor, Canada, and Visiting Professor of Law to many universities around the world including University of New South Wales, and University of Western Australia, Hong Kong,and Singapore. He was recently appointed to the Editorial Board of the Journal of Commonwealth Law and Education by the Commonwealth Secretariat.

Born in Walahapitiya, a town near Chilaw where his father was a leading Proctor and later to be Crown Proctor, Prof Marasinghe had his secondary education at Royal College in Colombo. In school he showed no signs of the outstanding career that lay ahead, when he had to repeat his first year at Royal. Having enrolled in the last year of the Principalship of EL Bradby, Mara as he was fondly called by his classmates, found that at the end of the first year he was called upon to repeat. As a result he was compelled to join the students who enrolled in the school in 1946 of which batch I was one.

That was where our friendship began – 77 years ago. His inability to keep pace in school during the early years may be attributed to a pronounced stutter in his speech which may have not only affected his studies and progress in school, but also his self confidence. His progress in school was ordinary, and like most of us, he opted to choose science as his area of specialization with a view to a career in medicine. Having unsuccessfully made two attempts at gaining entry to the University of Ceylon, he set sail to the UK in 1955 with the aim of making another go at the elusive medical career which did not seem to beckon.

He then decided to do law and enrolled at the University of London. This was the turning point in his career and indeed his life. He finally turned to the career which not only beckoned him, but also embraced him, and was indeed the chosen one for him, if one were to believe in anything called ‘pre ordained”! A truly illustrious career in law followed. His valiant attempts at getting a foothold in a medical career disappeared as did indeed his stutter. Miracles do happen!

We lost contact with each other for many years when one evening in 1999 my phone in Sydney rang and when I answered the caller exclaimed in Sinhalese “Oya Karu da”? I had not spoken in Sinhalese for many years and I was quite surprised but managed to say “Ow mey Karu thamai” to which the caller replied ” Mey Mara katha karanne”. I only knew one Mara and the voice still sounded like him, and that was the beginning of a renewed friendship.

Mara and his then wife Farida were living in an apartment within the Campus of University of New South Wales where he was on a three month assignment as Visiting Professor. There was much catching up to do, and his many assignments with the University of New South Wales, and many shared meals between our families helped us immensely towards that end. I recall the many occasions on which during visits to Sri Lanka my wife and I enjoyed his hospitality in his home in Davidson Road, Bambalapitiya, the rooftop of which was a splendid setting for hosting a meal. He had a well stocked bar, but was not partial to alcohol, only occasionally taking a glass of wine, but that did not deter him from playing the role of a gracious host.

Sometime in I 1998, I together with some friends had launched the Ceylon Society of Australia of which Mara became a member within a year of its establishment. He was also a speaker at one of our meetings where he spoke on pending constitutional reforms in Sri Lanka. About this time he was appointed Chairman of the Law Commission of Sri Lanka and was the legal Director of SCOPP – the Secretariat for Coordinating the Peace Process during the days of the Civil War. He was also a member of the Panel of Experts overseeing the transfer of power from the existing South African Govt to its post apartheid successor and was an integral part in the formation of the constitution of the latter.

The variety of his involvements in his professional life seemed to keep his restless spirit in control. He was always a rationalist, but practical in his views. He was active professionally till his last days when he was stricken with an illness which confined him to bed until his sad passing on New Years Day in 2023. His wife Rohini a lawyer and former judge of the Supreme Court has been a tower of strength to him, and is now destined to walk alone. Rohini currently serves as the Chairperson of the Human Rights Commission of Sri Lanka.

Lakshman Marasinghe leaves a legacy of acclaimed interventions on behalf of aggrieved persons and institutions in pursuit of justice. He is survived by his wife Rohini, former wife Farida, and Leelan, a son by the latter, with all of whom we condole on their sad loss. I grieve the loss of a dear friend from childhood days.May Lakshman Marasinghe attain the Supreme bliss of Nirvana

Hugh Karunanayake



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Opinion

It’s the economy, again

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There is a report in the Lankadeepa of 30 September, 2023 that thousands (‘dahas ganang’) of university graduates in biotechnology (and engineering technology) languish without employment. There is a comment that even if all of them were employed as teachers in state schools (in fact, there is no money to do so), the pool of unemployed graduates in biotechnology, which is filled yearly,

would not dry up; not dissimilarly (the reporter comments) from the fate of graduates in Arts. That graduates in biotechnology are unemployable in this economy as graduates in Arts are, validates a position that I have repeatedly brought up in these pages: university graduates and other young people are unemployed in this economy because this economy is arid and sterile and not because the education system, at whatever level, is fundamentally flawed.

The moment they land in a vigorously growing economy, they become the output of an excellent education system. Not that the education system (school and university) cannot be improved: Cambridge University has improved since 1215; Harvard University continues to improve since 1635. China (Mainland and Taiwan), Malaysia and many other economies did not await reforms in their education systems to grow rapidly as during the last several decades. It is a bit like the truism about savings and investment in the total economy: you don’t have to save to invest; if you invest savings will accommodate investment. It might be apt to say, ‘it is the economy stupid’.

The report in the Lankadipa highlighted that it was Dr. Bandula Gunawardhena, who, when he was the Minister of Education in 2012, with great enthusiasm, installed these branches of learning in schools and universities. And, he earned a Ph.D. degree in Economics!

Our erudite president of the republic, who goes around the world from one conference to another, preaching to the rest of the world, shows great enthusiasm about digitizing this economy. He is falling into the same trap as Dr. Gunewardhena fell into. You digitize a growing economy, not a moribund and bankrupt one.

It is the economy, again.

Usvatte-aratchi

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Opinion

Tribute to Dr. Nilanthi Cooray

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I have known Dr. Nilanthi for more than 40 years since her marriage to my cousin Frank.Dr. Nilanthi was born in Moratuwa to a middle-class Catholic family. Her siblings include an older sister and a younger brother, and all three of them were studious. Her parents, especially her father. was a devout Catholic who was a frequent visitor to St. Sebastian’s church in Moratuwa.

Up to grade eight, Nilanthi attended Our Lady of Victories Convent in Moratuwa and then joined the Holy Family Convent in Bambalapitiya. She was accepted to the Medical College in 1972 after her successful results at the A-levels. She traveled daily from Moratuwa to the Medical college until such time she was able to get a place at the medical college hostel. During her final years at the medical college hostel, she succeeded in her studies and graduated as a doctor in 1976.

Her career began as an intern at the Lady Ridgeway Hospital Colombo for six months and another six months at the Castle Street Hospital, Borella working with leading qualified senior doctors. In 1977, she got married to her lifelong friend, Frank Cooray, who was working as a Technical Officer in the Irrigation Department. Her first appointment as a fully-fledged MBBS doctor was at the Narammala Base Hospital. Thereafter she got a transfer to the Lunawa Hospital.

After serving the required number of compulsory years (five or six years) she gave up the government job and started her own private practice. This decision seemed a calculated risk as at that time Moratuwa had enough and more reputed and recognized senior doctors such as Dr. Festus Fernando, Dr. Winston Perera, Dr. Cramer, Dr. Muthukumaru, Dr. Keerthisinghe, Dr. Guy de Silva and so on. However, within a short span of time, Nilanthi was able to establish herself as a remarkable young doctor and by the time the senior doctors retired or left Moratuwa, she had become one of the highly recognized doctors in Moratuwa with diagnostic excellence.

The demands of work and the up bringing of two little daughters made it difficult for Nilanthi to cope with everyday life. To support her, her husband gave up his job and went on voluntarily retirement after serving for 18 years at the Irrigation Department. He was just short of two years to qualify for the government pension.

In her prime of life Nilanthi was diagnosed for cancer. More time was spent in rest and prayers. Nilanthi and Frank would have prayed to God and all saints for a miracle healing. This was proved, when she went to Lourdes in France, a place known for Marian worship, to fulfill a vow, after receiving the good news from Dr. S. R. Jayatilleke, who was her oncologist, that her cancer has disappeared. This was the first thing she wanted to upon receiving the miracle healing. She got the green light from the doctor to fly. After her cancer Nilanthi slowed down in her practice and limited the number of patients per day.

Nilanthi was never interested in having a luxurious life or extra comforts like luxury cars or overseas holidays. Her life was centered around her family and her medical profession. She was a loving wife to her husband and devoted mother to her two daughters. As time passed, spending time with her four grandchildren brought her great happiness.

Only after her death that most of the people came to know about her charitable acts of kindness and in treating the poor without charging a fee. During her funeral service, a priest who gave the homily mentioned how students and staff of St. Sebastian’s College Moratuwa benefited by her treatment during their illnesses.

It was only a matter of telling her husband who was now attached to the staff at the College and he made arrangements for them to consult Dr. Nilanthi on a priority line. There was no difference between a priest, staff member, minor staff or a student (of course the student had to wear the uniform to identify their school), all were treated free of charge.

Attending the funeral service were several priests (including Bishop Anthony who was a past Rector of the College) and Christian brothers who served the college. I am certain that they came not only to pay their last respects but also to express their gratitude for taking care of them during their time of illnesses.

In the latter part of her life, her health deteriorated and with the help of her domestic aid, she had chosen a saree and a blouse for her final journey, which she did not disclose to her family members. However, when Frank came to know about it, he was upset and he had asked Nilanthi what this is all about. But she had not given any answer to that.

However, taking that opportunity she had given one more instruction to Frank, and that is after she is gone to give the gold chain round her neck to the domestic aid. For her final journey she was dressed with that particular saree and when everything was over the gold chain was given to the domestic aid.

She leaves so many special memories and a legacy of love. May her soul rest in peace.

-Ralph Gunawardena-

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Opinion

Full implementation of 13A: Final solution to ‘national problem’ or end of unitary state? – Part IV

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By Kalyananda Tiranagama
Executive Director

Lawyers for Human Rights and Development

(Part III of this article appeared in The Island yesterday (28 Sept. 2023)

President Jayewardene stands up against Ranil Wickremesinghe

President J. R. Jayewardene, on the occasion of the Opening of Parliament on 20 Feb., 1986 said: ‘‘Permit me to speak on the government’s attempts since 1977 to seek a political solution to the problems arising in the Northern and Eastern Provinces.

‘‘Our first attempt to do so was outlined in the UNP Election Manifesto of 1977. These proposals were prepared in consultation with some of the TULF MPs at that time. I have in my Address to Hon. Members on 23rd February 1984 outlined the steps taken to implement them as follows:

‘‘Since 1977 the government has made Tamil a National Language in the Constitution; amended rules governing entrance to universities and removed any racial bias governing those rules; removed the regulations prescribing racial considerations governing entry to the Public Services and promotion in the services.

‘‘District Councils have been created and District Ministers appointed. The TULF accepted them and worked for them for two years and contested elections. Last year they withdrew from them as sufficient powers and finance had not been allotted to them.

‘‘The search for a political solution was the profound concern of the government of SL. It was this commitment to reach a peaceful solution to the problem that led SL to take the unprecedented step on the part of any Sovereign State of sending her accredited representatives to explore the possibility of reaching a settlement at two Conferences held in Thimpu, Bhutan in August 1985 … arranged with the Tamil groups through the good offices of India.

‘‘However, neither the TULF nor the groups who attended these talks showed any serious inclination to discuss any of the proposals placed before them by the Govt. of SL. Their final response was an outright rejection of the government proposals and an invitation to the Govt. of SL to make new proposals that would accord with the so-called cardinal principles which they enunciated, which were no more than a re-statement of the demand for Eelam.

‘‘On 12th July 1985 the 6 Tamil groups made a statement of the ‘Four Principles’ on which they were working. On 13th August 1985 the leader of the SL Delegation, Dr. H.W. Jayewardene responded to it with a statement on the ‘Four Principles’ mentioned by the Tamil groups.

‘‘He dealt with the (i) recognition of the Tamils as a distinct nationality, (ii) a separate homeland and (iii) self-determination for the Tamils; and (iv) the linkage of the Northern and Eastern Provinces as a reaffirmation of the demand for a separate state and could not be the subject of discussion and acceptance by the SL govt.

‘‘The SL delegation also submitted an outline of the structure of the sub-national units of a Participatory System of Governance on 16th August, but this too was not considered by the Tamil groups though it indicated areas on which discussion and agreement were possible.

‘‘The Accord reached in Thimpu and New Delhi were to be the basis of any future discussions. Such discussion would not reopen the Four Principles mentioned earlier in any form whatsoever. This was the basis of the understanding of both the Govts of India and Sri Lanka ….

There are certain principles which we cannot depart from arriving at a solution. We cannot barter away the unity of Sri Lanka, its democratic institutions, the right of every citizen in this country whatever his race, religion, or caste to consider the whole Island as his Homeland, enjoying equal rights, constitutionally, politically, socially, in education and employment are equally inviolable.”

“At present the Sri Lanka Tamils are in a minority in the Eastern Province while the Sinhalese and the Muslims together constitute nearly sixty per cent of the population. Since the Sri Lanka Tamils constitute more than ninety per cent of the population in the Northern Province, the object of the amalgamation of the North and the East is clear – the Sri Lanka Tamils will after amalgamation become the majority group in the combined unit of administration. Once the amalgamation is achieved the concept of the traditional homeland of the Tamils which has been a corner-stone of agitation in the post-independence period will be revived as this is the only ground on which the T.U.L.F.

denies the legitimate rights of the Sinhala people to become settlers in the Northern and Eastern provinces. Nor does the traditional homelands theory recognise any rights for the Muslims either except as an attenuated minority in the amalgamated territory. So, on the one hand while professing to urge the case for all Tamil speaking people in fact the T.U.L.F. is covertly seeking to secure the extensive areas for development, especially under the accelerated Mahaweli Program, for exploitation by the Sri Lankan Tamils alone. This in short is the duplicitous motivation behind the demand for amalgamation.

‘’ Quite candidly, the Sinhala people do not regard the demand for the amalgamation of the Northern and Eastern Provinces as a bona fide claim but as one motivated by an ulterior purpose, namely, as a first step towards the creation of a separate state comprising these two Provinces. The recent outrages by Tamil terrorists against the Sinhala civilian population settled in the North and East killing vast numbers of them, ravaging their homesteads and making thousands of them refugees in their own land has only made their apprehensions seem more real than ever before.

Even the most naive of people could not expect a single Sinhalese to go back to the North and/or East if the maintenance of law and order within those areas becomes the exclusive preserve of the political leaders and patrons of the very terrorists who chased them out. Could one for instance expect the survivors of Namalwatta to go back to their village if the leader of the Tamil Terrorist gang that murdered their families is the A S.P. of the area? Not only would those poor refugees not go back but those Sinhalese, including those in Ampara and Trincomalee, who are still living in the North and East, would necessarily leave their lands and flee to the South, if these proposals are implemented.”

These proposals are totally unacceptable. If they are implemented, the T. U. L. F. would have all but attained Eelam. It need hardly be said that even if the demand for a Tamil Linguistic State is granted, further problems and conflicts are bound to arise between that Tamil Linguistic State of the North and East and the Centre. Water, hydropower and the apportioning of funds are some of the areas in which conflicts could arise. A cause or pretext for a conflict on which to base a unilateral declaration of independence could easily be found.

There can be little doubt that what T.U.L.F. seeks to achieve by its demands is the necessary infrastructure for a State of Eelam, after which a final putsch could be made for the creation of a State of Eelam, comprising not only of the North and East, but of at least the hill country and the NCP as well.” (quoted in the Judgement of Wanasundara J in the 13th Amendment Case, Pp. 377 – 379)

With all our criticism of JR for the harmful consequences the country had to face with his open economy and executive presidency introduced after 1977, from the above statement it clearly appears that JR was not a traitor to this country, but a patriot who had some genuine concern for the country and its people. He had the wisdom to see through the danger posed to the very existence of this country as a unitary state by giving into unreasonable and crafty demands of the Tamil political leaders in the North-East.

President Jayewardene not only refused to accept these proposals of the TULF and other Tamil groups; he was not even prepared to discuss them. His firm response was that they are totally unacceptable.

(To be continued)

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