Profiles
Hon Justice T W Rajaratnam H.Q. A.,
|
| Name |
- |
Hon Justice T W Rajaratnam H.Q. A. |
| Date Of Birth |
- |
- |
| Date Of Death |
- |
15-01-1994 |
| Titles |
- |
- |
| Posts held |
- |
- |
| |
|
|
|
Special message
The Hon. Justice T.W. Rajaratnam entered eternal rest on January 15,1994. His memorial service was held on February 5th, 1994. “The Daily Bread” publication for these two dates of this year are reproduced here for reference.
January 15th Saturday.
Ecclesiastes: “Better to go to the House of Mourning than to the House of Feasting.”
If you visit some of the old New England churches, you’ll notice that many of them have a cemetery in the churchyard. The windows in the sanctuary are filled with clear rather than stained glass so that the pastor would see the graveyard as he preached. As he communicated his message to the congregation, a very serious message was being communicated to him.
Two hundred and fifty years ago, Christians believed that the central mission of the church was to bring men and women into a right relationship with God. That’s why they constructed their church buildings with see- through windows. They wanted their pastors to be continually reminded of the seriousness of their calling. Everyone who sat in the pews before them each Sunday would eventually fill a place in the cemetery and ultimately stand before God to be judged.
The preacher of Ecclesiastes also lived with the reality of death. He argued it is better to go to a funeral than to a birthday party, because when we think about death, we deal with the bedrock issues of our lives.
Only those who‘ve trusted in Christ for eternal life can live well – because they ‘re prepared to die.
Considering mortality
Gives life the proper view,
Preparing for Eternity
Makes sense of all we do.
You are not ready to live till you’re ready to die
February 5th, Saturday “It’s Bedtime!”
Psalm 16:9 “My heart is glad, and my glory rejoices; my flesh also will rest in hope”.
In his book “ The Best is Yet To Be”, Henry Durbanville recalled that as a boy, when shadows of evening lengthened, and darkness fell, he would hear his mother call “Henry, it’s bedtime!” Typical of all small boys, he resisted the idea of leaving his friends and putting away his toys and going to his room for the night. Yet deep within his heart he knew very well that sleep was necessary.
Durbanville made his spiritual application for the Christian who senses the end of his life drawing near: “Death is both affectionate and stern. When the right moment comes she says to us, “It’s your bedtime” Oh, we may protest a little, but we know very well that the hour for rest has come, and actually , in our hearts we are longing for it”
The thought of dying can fill even a Christian’s heart with mixed emotions. When we think of leaving our loved ones, it may cause the tears to flow. The breaking of close human ties does hurt. On the other hand, there is the anticipation of resting from our labours and being in the presence of the Lord.
If we have placed our faith in Christ, we can look forward to the joy and release that will be ours when we hear the evening call- “Come Home. It’s bedtime!”
In life’s eventide, at twilight,
At his door I’ll knock and wait.
By the precious love of Jesus.
I shall enter heaven’s gate”.
For the Christian, dying is the last shadow of earth’s night, before heaven’s dawn.
SPECIAL NOTE
The funeral arrangements were amended at the request of his dear daughter residing in the United Kingdom. The funeral orations were delivered by Dr. Neelan Tiruchelvam at the funeral parlour.
Hon.Stanley Tilleka ratne MP and former speaker, Hon. Gamini Fonseka, Deputy Speaker and Mr. T.C. Rajaratnam, delivered their orations at the General Cemetary, Kanatte.
THE HON. JUSTICE T. W. RAJARATNAM MEMORIAL FOUNDATION
Memorial lectures would be held on subjects relating to Law, Law Reforms, and Philosophy.
The Ashes of Justice T.W. Rajaratnam would be submitted to the Ocean in accordance with his wishes, prior to the first Memorial Lecture.
Appreciation -1 : A Man with a Spark of Greatness by Chelvatamby Maniccavasagar
“A great judge must be a man with a spark of greatness to start with; his job is the applied practice of wisdom and justice and these may not be borrowed from any of the calf-bound books, but must spring from the man himself”. So said a former Attorney General and later Chief Justice of Sri Lanka.
Mr. T.W. Rajaratnam, retired Supreme Court Judge, was honoured by the President of the Islamic Republic of Pakistan on the 42nd anniversary of Pakistan’s Independence.
He was conferred the Civil Award “Hilal –e- Quaid -E- Azam” for his meritorious services to Pakistan as well as invaluable contributions in championing the rights of individuals in third world countries. This is a high civil award in Pakistan and conferred only upon eminent persons who have distinguished themselves by rendering exceptional services in their respective field of activities.
Mr. Tellipalai Wanarajah Rajaratnam is an Old Boy of Trinity College, Kandy, and the son of the late Mr. D.C. Rajaratnam, a leading proctor in Jaffna. He is a classic honours graduate of the London University who was admitted to the Bar as an advocate in 1948. In 1951 he left for England where he was called to the English Bar from Lincoln’s Inn. He practiced as a Barrister in London for a short period, having joined the Chambers of Mr. Glyn Blackledge Q.C.
On his return to Ceylon he resumed practice at the unofficial Bar, mainly on the Criminal sides in both the original and Appellate Courts. Among the cases he appeared in were the famous Sathasivam murder case, and the Bibile MP murder trial. Besides, he appeared in several cases as junior to Mr. H. Sri Nissanka( king’s counsel)
He was at one time vice- president of the Ceylon Classical Association. At the Ceylon Law College he edited the college magazine. He had contributed several articles on different topics to the national dailies which are of a high standard. His articles under the headline “Hulftdorp – the other side” which appeared in the Sunday Observer were very interesting and greatly appreciated by everyone. He was also a member of the Criminal Justice Commission.
He is a polished and elegant speaker. He has a puckish sense of humour. With his sense of humour he was relating the story to a friend, of how he came to be the chief guest at a seminar of the Sri Lanka Women Lawyers Association on the theme “The Dissabilities of Women under Law and Practice”. The secretary of the Association had gone into his Chambers and extended the invitation. The chivalrous male that he is, he had accepted . Then, in the same breath she had told him how relieved she was – because the Minister of Justice and the Attorney General , both of whom had been asked, had refused-(for good reasons, no doubt!) So, he was being asked to fill the breach. Mr. Justice Rajaratnam found a moral in the story-“ No woman” he said “ was ever known for her judgement, and no woman could keep a secret”
Once, when he delivered a lecture on “ Justice in The Labour Tribunal”, he said the majesty of the Law was in it’s enforcement, beauty, in it’s simplicity, justice in it’s fairness for the social good, and service in it’s concern for the employer, the employee and the state.
In one of his articles under the headline "Towards a Socialist Philosophy", he said that humanity awaits a society which is socialist in structure, and socialist in spirit, where socialism is both a philosophy and a religion. For the sustained happiness of man a socialist philosophy needs a new dimension which can come only from a dialectical religion. Only a dialectical religion can be grafted to a dialectical philosophy for the ultimate happiness of man.
He went on to quote Lord Buddha, and said that the Buddha was a people’s philosopher, and his message was a down to earth simple one to be understood by the common man. He said the Lord Buddha’s message does not carry any threat – it is a message to be lived by men, and not preached by pundits.
He further said, that to a world lost in error, and beset by illusions of time, the greatest need today was loving kindness. As the light of the moon was sixteen times stronger than the light of the stars in he sky, so loving kindness was sixteen times more efficacious in liberating the heart than all the religious accomplishments taken together.
Mr. Rajaratnam served Sri Lanka in different capacities with unsurpassed distinction and unsullied honour.
Appreciation -2: T.W. Rajaratnam - A Reformist judge with high ideals.
By Nirgunan Tiruchelvam, Mansfield College, Oxford
The death of former Supreme Court Judge, Tellipalai Wanam Rajaratnam MP., after a prolonged illness marks the end of a distinguished legal, academic and political career. In his diverse fields of activity, he displayed a deep commitment to liberal democratic values and to social justice. His passing away is therefore a tremendous blow to those who cherish those values.
His legal career was a continuation of the traditions of a family of leading Jaffna and Colombo lawyers. After completing his secondary education at Trinity College ,Kandy, the late Justice Rajaratnam obtained degrees in Western Classics and Law from the University of London. He was called to the English Bar by Lincoln’s Inn in August 1948. He rapidly built a nation-wide criminal and labour law practice in Sri Lanka. His forte and favoured aspect of the law was criminal law.
The late Justice Rajaratnam’s approach to the law was marked by the same reformist and progressive tendency which featured in other aspects of his career. One of his primary concerns was the need for the law to be simple and accessible to the ordinary citizen. He felt that law and the administration of justice should not be the (monopoly?) of the legal profession. His rapidly expanding practice was curtailed by his appointment as a Commissioner of Assize in 1972. He continued in that capacity until 1978 in this important phase of his career. His judicial career was characterized by incisive legal judgements and uncompromising spirit. His career was unceremoniously interrupted by the reconstitution of the Supreme Court in 1978.
Unable to resume his legal advocacy due to his former judicial appointment, trade union activity, politics and scholarly pursuits took centre stage in the late Justice’s career. He had for many years been actively concerned about the plight of industrial and estate workers. He published two books- “A Manual of Industrial Law” and “ Plantation Worker’s Manual”. Both these authoritative books were designed to educate ordinary workers in the complexities of industrial law and labour tribunals. He became a regular contributer to journals on legal issues, particularly on questions of access to justice.
What is perhaps the most remarkable instance of the late Justice Rajaratnam’s determination to uphold liberal values and the rule of law was his book-“The Bhutto Trial”:his legal study of the trial of Pakistani Prime Minister Zulfiqar Ali Bhutto, is the only one of it’s kind, and is critical of the reasoning of the Pakistani Supreme Court. The idea for the book emerged totally fortuitously during a visit to Pakistan for a conference. He was honoured for his international efforts to uphold the rule of law by becoming the only Sri Lankan to receive Pakistan’s highest civilian award “Hilal e-Quaid-E-Azam” in 1989.
In 1989, Mr. Rajaratnam’s views found a larger forum as he was nominated to the parliament by the S.L.F.P. Rajaratnam was not seen as a parochial, partisan figure, and his nomination to Parliament……………..as a national figure in Parliament, he overcame the challenge of his failing health to become a spokesman on trade union rights, civil liberties and minority rights. He often raised the level of debate above narrow party political lines.
One of Mr. Rajaratnam’s memorable qualities was his acerbic wit and self –effacing sense of humour. He often remarked that the honours he received were due to his way with women, because the world’s first female head of government and the Muslim world’s first female Prime Minister had both honoured him.
From The Pakistan Times, Monday April 3, 1989
VISITORS’ GALLERY :
MAVERICK JUDGE FROM SRI LANKA Shahid Ali, Karachi.
Mr. Justice (Retd) Rajaratnam from Sri lanka , who is visiting Pakistan to participate in the International seminar on The Legacy of Zulfikar Ali Bhutto, is one of the few foreign jurists who have made in depth studies of the Bhutto Trial. His findings were published last year in the form of a 288 page book entitled- “A Judiciary in Crisis?- The trial of Zulfikar Ali Bhutto”.
Mr. Rajranam did his bar from the Lincoln’s Inn, and practiced law for many years before joining the judiciary. He served as a judge of the Sri Lanka Supreme Court from 1970 to 1978, when, under the new constitution promulgated by Mr. Jayawardene the judiciary was reorganized.
Mr. Rajaratnam is a sprightly old man and he attributes his enthusiasm to the rule of law to his rebellious heart. “ I was a maverick on the Bench” he proclaims with pride. This self acquired title has a story.
He was hearing a human rights petition during Mrs. Bandaranaike’s premiership. The Chief Justice suggested to him that it would be inadvisable to give a verdict that might embarrass the lady in power. He was told that his chamber would be locked and he could be prevented from entering the court room. But Mr. Rajaratnam stuck to his guns and declared that he could deliver his judgement in a corridor on the court premises. In times of stress, the judges had a special duty to assert their right to give independent judgements, he said. And he won a point not only for himself but for the entire Sri Lankan Judiciary.
The story does not end here. Mrs. Bandaranaike repaid the defiant judge by nominating him as one of her party’s representatives in the present Parliament.
However, Mr. Rajaratnam is extremely critical of the Sri Lankan Judiciary’s performance during the years of the “ long Parliament” (1977-88) “ The huge majority Mr. Jayawardene’s UNP had won in the 1977 elections,” says Mr. Rajaratnam, “ was used by it to weaken itself-it took actions that raised grave constitutional crises”.
The former judge refers to Article 161-E of the old Constitution whereby the life of the Parliament should have ended not later than six years after the polling. But instead of new elections by 1993, the Parliament extended it’s tenure for another five years. The issue was raised before the country’s Supreme Court which declined to give a ruling on the ground that it had no jurisdiction on the matter. The country was deprived of the benefit of the wisdom of the court in its moment of crisis.
The extension of the Parliament’s life, through a referendum, became one of the factors that gave rise to agitation and violence in Sri Lanka. He makes it a point to emphasize that all the crises Sri Lanka has faced in the recent years erupted after July 1983 – when the normal term of the Parliament elected in 1977 was to end.
For instance, the youth(between 20 and 28 years of age) became restive. They were entitled to vote in 1983. Denial of this right pushed them into the politics of violence. Mr. Rajaratnam likens the journey of Democracy between 1983 and 1988 to a flight in rough weather. “ The plane ran into air pockets quite frequently, and ultimately crash- landed in December 1988” he says.
Asked about the Sri Lankan political crisis, Mr. Rajaratnam is quite categorical in his assertion that one of the principal reasons of the political disturbances was the breakdown of the rule of law. The Chief Justice and two other judges were arraigned before a parliamentary committee, thus compromising the status of the judiciary as an independent organ of the state. The report of the parliamentary committee was highly controversial. Then, with the court’s judgement on a human rights petition which resulted in Mrs. Bandaranaike losing her civil rights, a fundamental human right was denied.
As regards the spread of violence in Sri Lanka over the past few years, Mr. Rajaratnam says: “ You cannot prevent terrorism by resorting to oppressive laws. We had our Prevention of Terrorism Act and their emergency regulations. The net result was that terrorism escalated. Then a military solution of a political issue was attempted. That too, was bound to fail. The plain fact is that oppressive laws offer no solution to a political problem. The rule of law can only be enforced through normal laws.”
Mr. Rajaratnam is specially keen to focus attention on the political implications of the 1977 elections in Pakistan, India, and Sri Lanka. "We were moving towards an order based on equity and social justice. The trend towards escaping from American bondage was clear. After July 1977, there was a complete swing to the Right". He leaves the people of the region to draw their own conclusions.
Appreciation -3 : T.W. Rajaratnam by B.T.Chinnaiyah
The passing away of T.W.Rajaratnam has removed from our midst a noteworthy personality whose life, it may be said, was characterized by independent thinking and a fearless expression of views.
“ Wanam”, as he was popularly known, was a person of wide interests, who took a keen interest in issues of national importance. He stood for the rights of individuals, and championed the victims of injustice and oppression. So great was his zeal in this respect that he even wrote a book to draw attention to a miscarriage of injustice in Pakistan.
As a student of the classics he was more noted for his quick grasp of facts and ideas than for a memory for detail. He once told me, who was a batchmate at the then University College, that what he aimed at was to acquire the gist of what he read rather than load himself with knowledge. Perhaps he was right in this, because mere knowledge can often be inert or unproductive.
In politics he was inclined towards the Left and though a Christian, he was deeply interested in Buddhist philosophy. Such was his open- mindedness.
Another trait that was noticeable in him was his humility; a quality that was evident even when he held the exalted office of a Supreme Court judge. It may be said of him that he could “... walk with kings, nor loose the common touch.”
What one may remember most about him is his geniality of manner and the warmth of his friendship. He took an abiding interest in his friends and, while discussing a problem, would always give his sincere and valuable suggestions.
Men of Wanam’s stamp are rare. One wishes that there were more like him in our public life.
From the column- Open Space- Sunday Observer Sept. 09th, 1990.
Q:IS THE LEGAL PROFESSION SERVING THE COMMUNITY?
A: System 0f “social jurisprudence” needed to serve changing conditions in the country, by K.N.CHOKSY, PC.,MP
Lawyers have functioned as a body of professionals in Sri Lanka for approximately 150 years. As professionals working in the practice of the law they have overall served the community well.
Both historically and constitutionally,our society has had an organized legal system to administer laws, decide upon disputes between citizens and adjudicate on the rights of the State against subjects, and vice versa.
As a body, lawyers have by and large acquitted this vocational role adequately. Lawyers have served their clients causes, advancing or defending their rights. As practitioners, our standards have been as good as any where in the Commonwealth. These Directive Principles are most instructive. Legal jurisprudence places undue emphasis on individual rights and liberties.
In recent times, our profession has been open to the criticism that our crusade for the protection of individual human rights has overlooked the wider interests of the maintenance of law and order.
We are also wont to demand the extension of the jurisdictions of the Courts in every sphere of human activity – what lawyers term "judicial activism". This brings the criticism that the Courts are not realistic in their conceptions, and insensitive to the difficulties of the administration. The System we then bring about is one that is over-sensitive to individual rights and undervalues the importance of individual duties and obligations. Indiscriminate emphasis on these legalistic principles and opposition and unfruitful protracted debate even on common national issues, and that a system should be evolved where the peoples’ representatives with different opinions would have the opportunity of collaborating fruitfully and producing practical results on national issues.
Lawyers as an organized profession have perhaps the best training and competence to evolve acceptable and workable solutions to these problems that are actively engaging the nation within our constitutional and social framework. They will not serve the community adequately for the future without these broader activities.
For centuries, lawyers have painted the conventional picture of justice blind-folded, with sword in one hand and scales held aloft in the other. But should justice be blind any longer? Should we not remove the blind and make justice see realities?
What of the dismissed employee who has to wait years to obtain redress from an errant employer? And the unfortunate widow who has to go through cumbersome testimentary procedures to be able to utilize the husband’s assets for the welfare of the family, although there is no dispute? What about a deserted wife’s rights?
Whilst lawyers cannot forge a legal system that is perfect, the public expects a system that is just, expeditious, and shorn of technicalities of procedure. Otherwise the common man will turn round and say that the system that we have provided does not serve society’s requirements. So the legal profession , in order to serve the community in the future, must work towards a more effective system.
A: TODAY ONLY THE RICH GO TO COURT by T.W. RAJARATNAM SLFP.
Yes, but in a very limited way. There were times when lawyers assisted in the administration of justice and in the maintaining of the rule of law. Today, that is not the case,
One of the direct results of this is that today only the rich go to court. This is not surprising as on an average a competent lawyers fee for an appearance in court is Rs. 5,000/. If an ordinary man is in court today it is because he is languishing in court. Of course part of this is due to the cost of living and inflation.
It is also well known that in the case of the labour tribunal, it is only the rich companies that are in court. An employee cannot have an expensive counsel nor can he afford to keep the case in court through all the law’s delays.
We have ,in this country, the complete collapse of the rule of law. Litigation expenses are fabulous. Then there are the law’s delays. There are 23,000 appeals pending in the Appellate Court for disposal. Maintenance cases form quite a sizeable number and some of them have been pending for over 5-6 years.
Earlier, lawyers did not contain themselves to fighting cases but also fought for causes. The last of these great lawyers I believe, was S. Nadesan, QC. I know of cases where he appeared free of charge or even paid and maintained his client.
In one instance, I remember being retained as a junior counsel to Nadesan in an election petition case which was filed against Tamara Illangaratne. The case went on in Hultsdorp for over a month. Nadesan, who was not paid a fee for appearing, appeared because he felt an election victory for the Illangeratnes of Kandy was a progressive step in the political context of that time. Mrs. Illangeratne won the case and was awarded substantial costs. I was paid Rs. 50/= a day by Jack Kotelawela- and a dinner at the Free China Hotel. When the costs were paid Mr. Nadesan came to the YMCA and gave me the princely sum of Rs. 750/=, a sum I had never before handled in my life – and gave the rest of the money to Mrs. Illangaratne. Such was the nature of the man.
In the Bracegirdle case a galaxy of lawyers appeared free of charge to uphold the principle that the British Government could not order the deportation of Bracegirdle.
In more recent times some lawyers have paid with their lives for appearing in human rights cases.
Of course, in every profession one finds people with different philosophies. It cannot be said, however, that lawyers have not contributed to the laws’ delays. As much as members of the clergy, universities and other institutions have not behaved in a manner in keeping with the high standards expected of them, the same can be said of lawyers. Perhaps it is a crisis of our time.
Pakistan Day Celebrated In Colombo
Pakistan Day was celebrated with full fervour and enthusiasm by the Pakistanis living in Sri Lanka at a ceremony held at the residence of the High Commissioner of Pakistan in Colombo, on Thursday.
The day’s proceedings started with a recitation from the Holy Quran followed by the hoisting of the National Flag. During the flag hoisting ceremony the National Anthem was played and sung by all Pakistanis in chorus.
The High Commissioner of Pakistan Mr. Mir Abad Hussein read out the messages to the nation from the Pakistani President Mr. Ghulam Ishaq Khan, and the Prime Minister of Pakistan Mohtarma Benazir Bhutto. A delegation of the Sri Lanka – Pakistan Association also called to offer their felicitations to the Pakistan high Commissioner at his residence.
The ceremony ended with a joint prayer for the Founder of Pakistan Quaid –e – Azam Mohammed Ali Jinnah and those who Laid down their lives during the struggle of Pakistan. Solidarity with the people of Jammu and Kashmir for their just struggle for their right of self determination in accordance with the United Nations Resolution was also expressed.
In the evening the High Commissioner hosted a reception on the beautifully illumined lawn of the High Commission. The reception was attended by a large number of people including Ministers, members of parliament, members of diplomatic missions and the elite of the city. Minister Thondaman represented the Sri Lanka government.
The High Commissioner on this occasion, on behalf of the President of Pakistan decorated the Justice(Retd) Mr. T.W.Rajaratnam, MP, with Pakistan’s High Civil award- Hilal –e- Quaid-e-e- Azam which Pakistan’s President had conferred on him on the Independence Day of Pakistan in August 1989.
Rajaratnam Honoured
Sri Lankan Parliamentarian and former Supreme Court Judge T.W.Rajaratnam was honoured by the people of Pakistan and Prime Minister Benazir Bhutto’s Pakistan People’s Party (PPP) when he was invited to join a panel of international dignitaries to address a seminar held to mark the tenth death anniversary of former Pakistani Prime Minister Zulfikar Ali Bhutto.
From the DAILY NEWS of Wed., Nov 27,1991
Presidential System safeguards minorities,
Says SLFP MP
Mr. T W Rajaratnam (SLFP) speaking in Parliament yesterday on the votes of the Ministry of Justice said that President Premadasa had been fair in the appointment of judges.
He also said that the Presidential system safeguarded certain interests of the minorities He said “ Mr. A.C.S. Hameed said that the President does not interfere in considering the seniority of judges. I endorse his view. He has been fair in appointing members to the Judicial Services Commission. Judges who had given decisions against the Government have also been included in the Commission. The only other Prime Minister who acted in this manner was S.W.R.D Bandaranaike.
I am not a legal luminary, but I am a legal firefly. I am also proud to be a sacked judge. I was sacked by the dharmishta government of President Jayawardene.
The law’s delay is a commom problem. Thousands of Appeal Court cases have not been disposed of.The rule of law has collapsed. This is a matter for concern”.
B : National Identity Must Be Consistent With Humanism – By - T.W.Rajaratnam Mp, Former Judge Of The Supreme Court
( From Sunday Observer Of 7th july 1991)
When one speaks of Jathika Chinthanaya, I remind myself first that I am neither a Sinhalese nor a Buddhist and, therefore, I must examine myself to give an objective point of view.
I however, accept Buddhism as a great philosophy which treats mankind as one entity. It makes no difference between man and man; it teaches a universal philosophy. The adherent of the Jathika Chintanaya must examine the question whether their philosophy takes away something from this perennial and universal philosophy. Secondly, they must ask the question whether Buddhism is intended exclusively for the Sinhalese. Is their philosophy divisive?
I have heard it said that the Jathika Chintanaya is a fundamentalist, chauvinistic movement. But these derogatory remarks are not arguments. What is important is tolerance, and understanding by those propagating the Dhamma. There must be a realization that the Dhamma is Buddhism and no movement should damage the Dhamma.
Jathika Chintanaya must be consistent with humanism. If it is not, it is contrary to the Dhamma. Secondly, the Sinhala race must not alienate the friendship of other races in the country. It is counter productive for the Sinhala race to exclude the wisdom of co-existence with other races
The world is shrinking day by day, and nothing must be done to build fences around one particular race. Banning the drinking of Coca Cola is among those in the philosophy of the Jathika Chintanaya, which I approve. It is one of those drinks that fail to give any nourishment, and what’s more- can be a danger like other sweet drinks-to one’s health. On the other hand, if the drinking of Coca Cola is banned hundreds of people will be out of jobs!
Today, with a free run for profit motivation, the Tanha of the businessman has increased. Unbridled Tanha creates “perethayas, and it is not wrong to say that our economic system is generally controlled by “perethayas” and, strange as it may seem, the unrest and disturbances in the country and outside is due to the sense of insecurity on the part of the super rich. For the greater happiness of the greater number, man must unite to fight oppression, and not allow chauvinism to stand in the way of unity and concerted effort to defeat the capitalist super rich class.
The lessons of history are that chauvinism and fundamentalism have only contributed to enormous profit making by arms dealers and drug peddlars. The seats of learning must be exclusively devoted to the acquisition of knowledge.
Former Supreme Court Judge Testifies to SOCIALIST HUMANISM
Humanism is the philosophy of the Soviet People. The concern for the well - being of their fellow citizens, the respect for equality as well as upholding and consolidating Justice are shining examples.
The basis for the development of a society is justice and equality. And this is evident in the rapid development of the Soviet Union which is a multi -national state.
Law and Justice is administered by the people. The most interesting factor is that rehabilitation programmes are conducted in respect of minor offenders.
The Soviet Union is a peace- loving country that really works for the cause of peace. But it should be said that in the face of imperialist manoeuvres the strengthening of defence capabilities are necessary.
These observations were made by T.W.Rajaratnam, former Supreme court judge at a meeting held on Monday the 12th October,1981 at Colombo.
T.W.Rajaratnam, who is a vice – president of the Lanka – Soviet Frienship League, was a member of the delegation which visited the Soviet Union together with Shelton Ranaraja, Deputy Minister of Justice.
The meeting was presided over by T.B. Subasinghe, President of the Sri Lanka – Soviet Friendship League. Rajaratnam said that he was interested in the Soviet Union from his undergraduate days in the University of Ceylon (Colombo)
His first visit to that country cleared all doubts and confirmed all that had been said about the Soviet Union.
Religion And Rationalism (from Magazine Page)
Retired Supreme Court Judge T.W. Rajaratnam makes a strong case against fundamentalism whose roots go back to ancient times, and calls on the religious and rational to fight these tendencies. This is an excerpt of an article by him.
When discussing Religion and Rationalism two questions have to be considered. One, whether Rationalism and Religion can co- exist, and two, if so, does Rationalism subject itself to some qualifications and modification, and likewise, does Religion also subject itself to some qualification and modification
First, let us have some sort of consensus on the meaning of the terms “Religion” and “Rationalism”.
Religion means a belief in, or acceptance of a persuasion or philosophy, which does not (more often than does) exclude the supernatural. On the other hand, Rationalism is also a philosophy, if not a persuasion which propounds the theory that reason is the foundation of certainty in knowledge, and reason is the ultimate authority.
In practice, Rationalism seeks to explain what may appear to be supernatural in a way consonant with reason. Where reason ends, belief begins.
Hinduism is not one religion. It is the history, content and practice of many religions and thought ranging from animal worship to the highest Vedanta philosophy. It is polytheistic and monotheistic, it is rational and irrational, it is superstitious and non superstitious.
It embraces Theism, Atheism, and Agnosticism. It is natural and supernatural. It embraces all religious thought. It is both a religion and a philosophy. It has everything and nothing, so to speak, on its Menu Card, and you can take what you like, or leave it.
It culminates in Man being God himself, going beyond the concept of Man being made in the image of God. It includes the concept of Man being God himself, and also the concept of God being man. It is symbolic and non symbolic.
The Rationalist sees the rational meaning behind the symbol, and the believer sees the idol as the reality. When one says he is a Hindu, it is far too general a term.
In Hinduism, there is the animal worship, the Brahmin cult, the caste tyranny, and the priestcraft. There is fundamentalisam on the one hand, and the highest tolerance on the other.
Buddhism grew on Hindu soil. It was the intellectual flower that blossomed on a Hindu soil. The Vedanta philosophy is the spiritual flower that grew of Hindu soil.
Though Christianity did not grow on a Hindu soil, The message of Christ is the message of Love, a message of Universal Love which, significantly is the message in the essence of the intellectual and spiritual flowers, that is to say the essence of Buddhism and the Vedanta philosophies.
Whether it is the Fatherhood of God, or the Brotherhood of Man, as preached by the Prophet, mankind belongs to one family, and man is involved with man.
The Dhamma is a perfectly rational philosophy. Is it possible for a Rationalist to quarrel with the Four Noble Truths, And the Noble Eightfold Path? The Rationalist, if he does not like the term Noble can call these concepts as the Four Rational Truths, and the Eightfold Rational Path to Peace of Mind. Surely a Rationalist is not averse to peace in the world, and peace of mind!
Why should a Rationalist quarrel with the message of Christ and the Sermon on the Mount? Why should the Rationalist quarrel with the concept of Divinity of Man as expressed in the Vedanta philosophy?
If he does not accept the concept of Divinity let him amend it to the concept of the Dignity of Man. What is irrational in the teaching of the Prophet to the society of his times? The essence of all these teachings is rational. It is Love and Humanism.
Is that something that cannot co-exist with Rationalism and the Social Sciences? We are asked by the teachings of the Buddha to be compassionate and kind. We have been told that greater than the building of temples, lighting of lamps and offering of flowers, is one kind act to a fellow human being.
We have been told to take a lesson from the bee which collects and keeps in reserve only that much honey from the flower that is sufficient for its sustenance, lest it damage the flower, and we are advised not to take from society more than we need, for the sake of the preservation and stability of society. Is there anything irrational in all this?
Christ told the crowd who wanted to stone the fallen woman to death because she had sinned: “He amongst you who has not sinned, let him cast the first stone” Christ did not make a difference between Jew and Gentile.
Was it not Love and Reason that motivated these great teachers? They had no vested interest to protect. What is irrational in the Brotherhood and the Way of Life preached by the Prophet in his words of wisdom?
Fundamentalists, on the other hand, in every religion, have no use for the essence and spirit of the teachings of the masters. Rationalists can see them in the course of history as the cause of wars, bloodshed and horrible crime.
These wars are invariably self motivated to safe guard their vested interests in established society.
The revolution of October 1917 in Russia where comparatively only a few were killed is still called a Bloody Revolution, whereas religious wars continue to be called Holy Wars and Crusades despite the casualties running into millions over the years, keeping man in bondage, ignorance and suffering.
Fundamentalists survive and thrive on the ignorance of people, whom they keep brainwashed with their theories, and it is true that Fundamentalists largely contribute to man’s inhumanity to man. It helps the oppressors to continue the oppression of the oppressed with the help of the oppressed whose ignorance, superstition and fear of the supernatural are exploited by these so called religious purists. Ignorance, fear, superstition and the supernatural are the old timeless weapons of the Fudamentalists to avail themselves of the help of the oppressed themselves...
Voltaire said, we must not discard religion without finding a substitute for it. We will not venture to convert Mother Theresa to Rationalism without religion. Just as religion can breed the fundamentalist, Rationalism can also breed a fundamentalist and a fanatic.
We must not throw out the baby with the bathwater. Religion must drive out the fundamentalist. It must be a concerted effort. The Rationalist can help in this noble endeavour.
|
| |
|