The
Jaffna lawyer survives hoping for peace one day
Civilians
on the move after the re-opening of the A9 route
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The A9 route
opened to the hearts of the Tamil people. Until the reopening of
the road, the people in the South had no access to the people in
the North due to the ethnic war that divided them and made them
suspicious of each other.
Leave alone
the intentions of the Tigers about the war, I believe it will be
a lesson to every opinion maker in the South to travel to the North
on the A9 and see for himself the devastation the war had caused.
Who is responsible
for this carnage? No one should even attempt to answer this question
as it would be like the proverbial query on which came first - the
chick or the egg?
Even the most
virulent racist who believes in ethnic cleansing may change his
views if he takes the A9 route to Jaffna.
The hopelessness
of the people who have been devastated by the ravages of war is
evident in their plight which no civilised human being would ever
condone.
Even the most
moderate Sinhalese in the South when confronted with the carnage
caused by a suicide bomber would lose his equanimity and then pose
the inevitable question, 'why cannot we carpet bomb or flatten Jaffna?'
If one believes that by destroying Jaffna the Sinhalese could win
the war, he will soon realise that there are no more buildings to
be flattened in the Jaffna peninsula except within a few kilometres
in Jaffna.
An eerie feeling
devours the soul when one passes through towns such as Mankulam,
Chunnakam and Tenamarachchi area where weeds, grass and trees have
replaced the buildings and houses inhabited by the Tamil population.
When you proceed
to Keerimalai Tank where there is a fresh water pool adjoining the
sea you wade through a road passing the KKS cement factory. The
entire area is forbidden to the civilians.
Next to the
KKS cement factory is the Palaly Airport. Thousands of people have
been driven from their homes.
The houses
they lived in shows the tenacity of the people. The houses are solidly
built and would have lasted for centuries if not for the devastation
caused by the war.
On either side
of the road the jungle has overtaken the buildings. It has been
denuded of human beings for more than ten years - not even a dog,
cat or a crow could be seen on either side of the road that leads
to Keerimalai.
With all this
devastation and despite the fear that the peace process would collapse
at any moment, it is unbelievable that the Jaffna people could still
smile.
What is truly
shocking is the manner in which the Jaffna people welcomed you in
spite of the propaganda carried out by various groups which sought
to create hatred towards the people in the South, especially the
Sinhalese.
The hospitality
of the Jaffna people which is a remarkable trait has not been dimmed
a bit. They would welcome you with open arms and treat you with
so much kindness, love and warmth, that for a moment you ponder
whether you have been fighting an ethnic war on the basis that these
people are enemies of the majority race.
In the midst
of all these, the Tamil lawyers should be paid a special tribute
for enduring a living in hell for the past decade or so.
Many have migrated
to other countries but still a large number of Tamil lawyers have
remained behind.
Every time the
LTTE takes over Jaffna and has its own court houses, many lawyers
do other things like cultivation.
Others are
forced to practise in LTTE courts, but they never gave up the hope
for a peaceful or a negotiated settlement to the ethnic war.
They always
believed that a day would come when they would continue their practice
and the courts will be established.
Even with 26
books in the Jaffna Law Library, they never gave up under the most
difficult conditions. They continued to keep the flag of democracy
flying.
People of Jaffna
do not resent or have any reservations about the judicial system
which is in operation, in the south.
They believe,
like the people in the South, that it is the most acceptable justice
system available to the people of this country. It is not a perfect
system.
It has many
lacunas and pitfalls but human beings are yet to device a justice
system superior to what they have been accustomed to. Even the LTTE
has translated the Criminal Procedure Code, Penal Code and the Evidence
Ordinance into Tamil. The only difference is that the sections are
different to the codes in the South. The Thesawalamai law is also
incorporated as a part of quasi Criminal Proceedings.
During the
power cuts, we cursed politicians, engineers and even the rain-gods.
But the lawyers
in Jaffna have been practising their profession without power. For
entertainment there is no television as there is no power.
The President
of the Jaffna Bar Association comes to court in a Morris Oxford
car that run on kerosene oil.
Other lawyers
use Vespa motorcycles or push-cycles. Only the Jaffna High Court
Judge has a modern car. The life of a Jaffna lawyer is full of limitations
- limitations on his income, on his entertainment, on his transport
and even his social life.
When the sun
sets, one wonders what they would be doing. Even social drinking
is limited to Palmirah arrack.
I do not think
people belonging to other ethnic groups would have survived the
social, cultural and intellectual degradation the professionals
in Jaffna have experienced.
But the greatest
tribute one could pay to the Jaffna lawyer is to appreciate their
tenacity and fight for survival in the hope of that one day peace
will dawn upon Jaffna and they will be able to enjoy the freedom
and the social status they enjoyed as members of a noble profession.
For the Jaffna
lawyers, hope springs eternal that is what it is when nothing else
does.
It is an object
lesson to be appreciated and emulated by all those who live in the
South whose quality of life is better than their brethren in the
North.
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