The Constitution, Court, Cocker Spaniel And Colombian Haka Over Land (Part I)
Rajan Philips
“It is a pity … the new constitution has all the marks of a hasty, slip-shod and flabby draft …” - Dr. NM Perera, Critical Analysis
It is not just the constitution of 1978 that NM critically analysed when it was new and hot off the press, but even the thirteenth amendment that came ten years later reeks of slip-shod and flabby drafting. And nowhere more so than on the subject of land. The Supreme Court ruling last week appears to be circumscribed by the flabbiness of the constitution and has led to different interpretations of what the Court ruling has said – whether the matter of land is a Provincial Council or Central Government subject. The ruling has inspired a haka dance among those who are not happy with the results of the Northern Provincial Council election. The political twist following the court ruling has once again targeted JR Jayewardene for over the top polemic abuse. The former sphinx, the old fox, is now a cocker spaniel – for want of a nationalist pedigree among Lankan dog lovers. Political clowning has turned the court ruling into a symbol of national fighting spirit.
More seriously, the Supreme Court ruling gives the context, not just the pretext, to bring the subject of land under a different, less adversarial and more comprehensive, microscope. Even as we are respectful of the court’s ruling on the constitutional rights over land, we must also be mindful of the other vital dimensions of land that transcend ephemeral legal interpretations – land as the foundation of human existence and as a fundamental resource for economic production and environmental protection. It is also necessary to see in historical perspective how political, social and economic factors have shaped the evolution of legal and administrative practices in regard to land and property rights over nearly 200 years. Read More
Activities Of Monks In The Guise Of Protecting
Buddhism
By Kapila Abhayawansa -October 7, 2013
Prof Kapila Abhayawansa
It is undisputed that the prime duty and responsibility of the Buddhist monk is to strive for the protection, promotion and enhancement of Buddhism or Buddhist dispensation (Buddha-Sasana). In this respect activism among Buddhist monks is inevitable for the reason that the Buddha established the Order of monks with the vision of the promoting Buddhism. Only if monks follow the code of conduct (Vinaya) and give instruction to the people with regard to the practice of the path leading to the cessation of suffering (the Dhamma) they would be implementing the mission of the Buddha for an ideal society.
The exemplary conduct of life by the Sanga is a must for the promotion of Buddhism.This is quite evident form the objectives of the Order which are, “for the confidence of those who do not have confidence (appasannānam pasādāya) and for the increase of the confidence of those who have already confidence (pasannānam vā bhiyyobhāvāya). Jotiya Dhirasekara observes: “… the Buddha was always concerned with the esteem in which the public held his monastic organization. Such a consideration was vital for its existence and prosperity. The first remarks which he made to his erring disciples as he criticized their conduct always pertain to this”. In such occasions the Buddha criticized one who is the miscreant by saying “Oh! Foolish man, this does not lead to the confidence of those who do not have confidence and to increase the confidence of those who have already confidence.”
