The Government of Maithripala Sirisena is contemplating amendments to the Constitution and the public is eagerly awaiting details. Meanwhile, developments in the Eastern Provincial Council with the possible union of Muslims with Tamil members are sending tremors of possible amalgamation of Eastern and Northern Provinces in the future. Also, the promise made to the Indian Prime Minister by the former Sri Lankan President as 13+ is being watched by interested parties.
Normalization after a 30-year war
Questions are being asked of the rationale of stationing large contingent of armed forces in the Jaffna Peninsula after the defeat of LTTE and the possible return of lands occupied by the forces to their former owners. The return of lands to former owners and withdrawal of forces is being looked upon by the forces as a making-way for a possible Eelam, which is still advocated especially by the Tamil diaspora, the dream is heavily supported by the politicians in Tamil Nadu.
Tamil Nadu has a population of over 70 million who are mostly Tamil, whereas Sri Lanka’s total population of 20 million, only 11.2% is Tamil. Land area-wise Tamil Nadu with 130,000 sq.km is over twice the size of 66,000 sq.km Sri Lanka and predominant Tamil occupied area is only a small portion. But the question rarely asked is, “Why don’t the Tamils fight for a separate State in Tamil Nadu?”
The possible answer is the Indian Constitution and legislation, which has practically prevented anyone individually or as an organization demanding separatism. I do not claim to be an expert on constitutional affairs, but I wish to place below some references from Wikipedia and extracts from an Act passed by Indian legislation for public information and possible discussion.
According to the Constitution of India, Part XI, Article 248(aa):
Residuary powers of legislation.—Parliament has exclusive power to make any law with respect to— (aa)[prevention of other activities] directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and this Constitution;
Under this provision of the constitution, the Indian government passed The Unlawful Activities (Prevention) Act, 1967 which states that In this Act, unless the context otherwise requires,- (f) “unlawful activity”, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise),-
(i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession;
(ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India ;
The Unlawful Activities (Prevention) Act, 1967
2. Definitions.
(i) “secession of a part of the territory of India from the Union” includes the assertion of any claim to determine whether such part will remain a part of the territory of India ;
(o) “unlawful activity”, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written or by signs or by visible representation or otherwise),—
(i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; or
ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or
(iii) which causes or is intended to cause disaffection against India.
Inclusion into Sri Lankan Constitution
Now, the Constitution is expected to be amended; if a similar Act as in Indian Constitution be included into ours, the possibility of the section of the country from breaking away would stop permanently, leading to improved trust between communities. Under these conditions, any 13+ too could be considered. Amending our Constitution similar to India’s cannot be opposed by India, leading to the cordial relationship among the two countries.
Published in the Daily FT on 28 February 2015