{"id":110263,"date":"2020-12-31T17:34:10","date_gmt":"2021-01-01T00:34:10","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=110263"},"modified":"2020-12-31T17:34:10","modified_gmt":"2021-01-01T00:34:10","slug":"sri-lankas-proposed-new-constitution-must-reconnect-itself-to-the-countrys-pre-colonial-rich-heritage","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2020\/12\/31\/sri-lankas-proposed-new-constitution-must-reconnect-itself-to-the-countrys-pre-colonial-rich-heritage\/","title":{"rendered":"Sri Lanka’s proposed New Constitution must reconnect itself to the country’s pre – colonial rich heritage"},"content":{"rendered":"

by Senaka Weeraratna<\/strong><\/em><\/span><\/h2>\n\n\n

The making of Sri Lanka’s\nConstitution from the time of the Soulbury Commission (1944) has been an\nexercise that had completely ignored the Dharmic religious background and\ncivilizational history of Sri Lanka. <\/p>\n\n\n\n

Sri Lanka is a nation state but is\nalso an unique civilizational state with a set of Dharmic values the nature of\nwhich was completely overlooked by the framers of all the National\nConstitutions from the time of the first (Soulbury) Constitution. <\/p>\n\n\n\n

The same thing happened in India,\nmore or less. <\/p>\n\n\n\n

In Sri Lanka, the making of the\noriginal Constitution was rushed without paying due consideration to the\ncountry’s legal heritage from ancient times as the main purpose of the drafters\nof the Soulbury Constitution dominated by D.S. Senanayake under the influence\nof Sir Ivor Jennings was in attaining self – government and maximum freedom.<\/p>\n\n\n\n

In both countries ‘brown sahibs’\nwere the framers of the Constitutions with a colonial mindset having been\neducated and trained in colonial educational institutions. They were products\nof the times and acted as required under the compulsions of the times. They\nused concepts that had originated in western settings e.g. the term ‘law’ is a\nchristian church concept. However, in no way can they be blamed for doing\nexactly that.<\/p>\n\n\n\n

But succeeding generations now\nentrusted with amending, revising and\/or creating new Constitutions have a\nmandate from the post – independence State and a historical duty to re -set the\nclock by drawing inspiration from the wisdom of our founding fathers.<\/p>\n\n\n\n

To give due credit to our glorious\nhistorical achievements in a document that is twined to the\nConstitution.  <\/p>\n\n\n\n

The Experts Committee appointed by\nthe Cabinet of Ministers to draft a new Constitution must explore all avenues\nto decolonise the Constitution paving the way for the decolonization of the\nentire legal system of Sri Lanka, which is long overdue. <\/p>\n\n\n\n

They have a mandate to peep into\nthe past beyond the time of the commencement of the colonial era. <\/p>\n\n\n\n

A country with a 2500 year proud\nhistory has failed to hold out to the rest of the world that the great\ncivilization that we are justly proud of was possible because we had a\nremarkable legal system that extended protection to all living beings and\nfostered harmony with each other on a footing of peace and non – violence. <\/p>\n\n\n\n

Another great lapse of the\nreformers of the Sri Lanka’s Constitutions and even the municipal laws of\ntoday, is that we  are so brainwashed and conditioned  to look\nexclusively to western precedents that have origins in UK, USA, France and\nVatican, while side tracking the reforms and revolutionary ideas emanating from\nour nearby neighbours, India and the block of Theravada Buddhist countries. In\nMyanmar, the Mahavamsa written in verse by the Buddhist monk Mahanama is known\nand still respected.  <\/p>\n\n\n\n

India<\/strong><\/p>\n\n\n\n

A remarkable feature of the Indian\nConstitution is that it is totally handwritten. One of the longest written\nConstitutions for any sovereign state in the world, each of the 22 parts of the\nIndian Constitution begins with an illustration.  <\/p>\n\n\n\n

Chronologically, the passage of\nhistory of India is illustrated with highlights of the main events from Mohenjo\nDaro to the national freedom struggle.  <\/p>\n\n\n\n

Influenced by the Epics<\/h4>\n\n\n\n

The Vedic period of India is represented in the Indian\nConstitution by a gurukul scene that features in the section on citizenship,\nthe part on directive principles of state policy begins with a scene from the\nMahabharata, with the discussion between Arjun and Krishna before the onset of\nthe war. For fundamental rights, the artists had turned to the Ramayana,\ndrawing a sketch of Rama, Lakshman and Sita returning home after the battle in\nLanka. Interestingly, it is reportedly on the basis of this that in 1993 in the\nVishwa Hindu Adhivakta Sangh v\/s Union of India case, the Allahabad High Court\nhad pronounced that Rama is a Constitutional entity, and, admittedly, a\nreality of our national culture and fabric and not a myth\u201d. In Part XIII of the\nIndian Constitution , the sculptures from Mahabalipuram, including legendary\nking Bhagirath\u2019s penance, and the descent of Ganga to Earth are shown.<\/p>\n\n\n\n

Emperor Ashoka is shown propagating Buddhism in a scene in Part\nVII of the Constitution, the National Emblem, the Lion\nCapital of Ashoka is also illustrated, the part IX depicts a scene\ndrawn from King Vikramaditya\u2019s court to signify that Arts were promoted by the\nKingdom. Lakshmibai, the queen of Jhansi, the only \nfemale figure illustrated prominently in the Constitution is sketched in\nher armour. She is shown in one page together with Tipu Sultan, the King\nof Mysore in Part XVI of the Constitution. Part XIV has Emperor Akbar in his\ncourt, representing the Mughal rule; the background depicts the period\u2019s\nstriking Mughal architecture. Maratha ruler Shivaji and 10th\nSikh  guru, Guru Gobind Singh, are shown in the subsequent section posing a\nchallenge to the Mughals.<\/p>\n\n\n\n

Struggle for Independence<\/h4>\n\n\n\n

Mahatma Gandhi is shown walking with a stick \u2013 created in 1930\nto mark the Dandi March in the section on official language. Gandhi reappears\nin the section on emergency provisions, where he is seen visiting riot-hit\nNoakhali in south-east Bangladesh. He is being welcomed by women with an aarti\nthali in their hands, even as Muslim peasants seem to be looking at him from\nbehind a bamboo fence. The contributions of Subhas Chandra Bose and his Azad\nHind Fauj have also been acknowledged. In Part XIX, Bose is seen against a\nmountainous backdrop, saluting the flag ,with Tipu Sultan\u2019s mechanical tiger\nmauling a man at the centre of the Tricolour. The borders recall his message to\nMahatma Gandhi on the Azad Hind Radio in 1944: Father of our Nation, in this\nholy war for India\u2019s liberation, we ask for your blessings and good wishes.\u201d<\/p>\n\n\n\n

Geographical Diversity<\/h4>\n\n\n\n

The illustrations also display the immense diversity of the\ngeography of India, beginning with camels marching in the desert in the\ntemporary and transitional provisions section, to the great Himalayas in light\nshades in the amendment section. The torrential ocean waves are set out in Part\nXXII, which is the last section of the Indian Constitution that stipulates the\ncommencement and repeals.<\/p>\n\n\n\n

Exhibited in the Indian Parliament Library<\/strong><\/p>\n\n\n\n

The handcrafted Indian Constitution bound in black leather,\nembossed with patterns in gold can be seen placed in a special\nhelium-filled case in the Indian Parliament Library. It defines not just the\nlaws of the country, but the space for these laws is shared with Indian history\nand heritage. Each word was carefully calligraphed by Prem Behari Narain\nRaizada, and the task of illustrating the book was executed by artist Nandalal\nBose and his team from Kala Bhavana, Santiniketan.  <\/p>\n\n\n\n

Illustrations of Sri Lanka’s History in<\/strong> Sri\nLanka’s New Constitution<\/strong><\/p>\n\n\n\n

We can adopt the model of a handcrafted Constitution of India\nusing calligraphy and drawings to do likewise i.e. sharing the space allotted\nto the constitutional provisions with beautiful illustrations of events drawn\nfrom the great landmarks of Sri Lanka’s history and heritage.
\nTo name a few: <\/p>\n\n\n\n

1) The arrival of Prince Vijaya <\/p>\n\n\n\n

2)  King Pandukabaya developing Anuradhapura<\/p>\n\n\n\n

3) King Devanampiyatissa receiving Arahat Mahinda<\/p>\n\n\n\n

4) King Dutugemunu declaring open the Ruwanweli Mahasaya <\/p>\n\n\n\n

5) Tripitaka<\/strong> committed into writing<\/strong> on\nOla leaves at Aluviharaya Temple, Matale<\/strong> in\nthe 1st Century of B.C. during the king Walagamba reign.<\/p>\n\n\n\n

 6)Princess Hemamali bringing the Dante Datu from India<\/p>\n\n\n\n

7) King Mahasena’s irrigation work and temple building eg.\nJetawana Ramaya<\/p>\n\n\n\n

8) Sigiriya Rock and Frescoes<\/p>\n\n\n\n

These are examples of illustrations that will raise the stature\nof the new Constitution that deserves to be handwritten with sketches.<\/p>\n\n\n\n

 and kept inside the Library of the Sri Lanka Parliament<\/p>\n\n\n\n

Senaka Weeraratna<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

by Senaka Weeraratna The making of Sri Lanka’s Constitution from the time of the Soulbury Commission (1944) has been an exercise that had completely ignored the Dharmic religious background and civilizational history of Sri Lanka.  Sri Lanka is a nation state but is also an unique civilizational state with a set of Dharmic values the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[165],"tags":[],"class_list":["post-110263","post","type-post","status-publish","format-standard","hentry","category-senaka-weeraratna"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/110263","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=110263"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/110263\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=110263"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=110263"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=110263"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}