Fundamental Rights Case Against
Deeghavapi Housing Project
By The Centre for Buddhist
Action
A Fundamental Rights Case (SC/FR Application No. 178/2008) will be
taken up on 9th September 2008 in the Supreme Court in terms of Article
17 and 126 of The Constitution against the fraudulent allocation of
houses for 500 villagers in the Deeghavapi Sacred Area on the pretext
of allocating houses for Tsunami victims in the Ampare District. In
this case the Petition has been filed by Leader of JHU Ven.Ellawela
Medhananda Thero & Viharadhipathi, Deeghavapi Rajamaha Viharaya
Ven.Nannapurawe Buddharakkitha Thero together with 5 other petitioners
are objecting to the discriminate allocation of houses. Minister of
Housing & Development Mrs.Ferial Ashroff, National Housing Development
Authority(NHDA), General Manager Hingurana Sugar Corporation Mr. M.M.Ifthikar,
Mr. Jeevan Kumaratunga Minister of Agriculture, Lands & Land Development,
Commissioner General of Lands & Attorney General's Department together
with the District & Divisional Secretaries have been cited as Respondents
while 51 parties have obtained permission to appear as Intervening Parties
& they have signed Affidavits for submission.
The Counter Affidavit filed by the Petitioners contain the history
of Deeghavapi over the last 50 years and details of the manner in which
fundamentalist religious groups, western funded NGOs together with pseudo
rightists organisations have joined forces to destroy not only Deeghavapi
but also the Buddhist monuments in the entire area and encircle the
Baudha Janapada that existed in Deeghavapi.
As per provisions of the Constitution of The Democratic Socialist Republic
of Sri Lanka, the paramount duty of the State (which includes all organs
of Government) to protect and foster The Buddha Sasana which includes
Buddha, Dhamma and Sangha, the Buddhist laity, Viharastana and Aranya,
all places of Buddhist worship, Buddhist culture, Buddhist civilization
and Buddhist customs and traditions (as per Article 9 of The Constitution
& the Recommendation of The Presidential Commission on Buddha Sasana(paragraph
1,2,6 of page 16) the programme to provide 500 houses specifically and
primarily to the Muslim community contravenes the time immemorial customs
of Buddhists to exercise their freedom of religion considered that it
is the right and duty to protect and maintain Buddhist temples and Maha
Sangha by providing them with the four basic "pre-requisites"
for their sustenance. For this specific purpose, it has been the practise
and tradition to maintain what is termed as "goduru gammane"
in and around every temple which tradition has been recognized by The
State and a decision was taken to maintain Buddhist settlements(Bauddha
Janapada) when settlements are made near Buddhist places of worship(reference
Prime Minister's letter dated 10.01.1968 sent to All Ceylon Buddhist
Congress.
However, on studying the issue in hand in relation to the Deeghavapi
Housing Project for the settlement of so called "Tsunami victims"
it has been revealed that an anti-Buddhist agenda of destroying Deeghavapi
has been in operation systematically and that this specific Housing
Project programmed by the Minister of Housing & Development together
with many anti-Buddhist individuals and NGOs involved has been to target
directly at this sacred site held in reverence by Buddhists of this
land. Unfortunately in this effort, the fingers can be pointed at a
"pro-Muslim agenda" against the Buddhists as well as the sacred
Buddhist temple. Seemingly, the objective is to destroy Deeghavapi lands
and prevent expansion of Buddhist settlers while also depriving the
existing Buddhist settlers of their basic necessities of practising
& performing duties and rituals relevant to Buddhists.
The ancient Deeghavapi village situated in the lower part of the Galoya
valley consisting of present DS Divisions of Samanthurai, Eragama, Addalachchenai
and Akkaraipattu are scattered with ancient Buddhist monuments proving
that these locations originally had Buddhist settlements and a valuable
Buddhist civilization in the area.
Controversies Related to The Allocation of Houses in Deeghavapi
Given the background information given above, it is sad to note that
systematic encroachment of sacred areas in Deeghavapi sacred area by
Muslim settlers & the current programme to re-settle 500 Muslims
in the area through the Housing Programme initiated by The Minister
of Housing & Development purported to be for those displaced by
the Tsunami of 26th December 2004 is heavily biased against Sinhala
Buddhists and the Tamil community that have lived since time immemorial
in these areas and proves without doubt, that the intention is primarily
to oust Buddhists from the area and make way for Muslim settlements
in and around an ancient Buddhist temple.
Some of the serious issues that come to light in this case intentionally
targeted against Sinhala Buddhists of the area are:
1. While lands were identified within the DS divisions of the so called
"Tsunami Victims" to provide them with suitable housing within
their own localities, the Housing Programme initiated by the Minister
of Housing and Development planned to establish a new housing programme
to hurt the sentiments of Buddhists, the temple Monks and the ancient
Deeghavapi sacred site and its precincts with an intentional agenda
of expanding Muslim settlements while ousting the Buddhists from the
area.
2, The quantities stated for allocation in the new Housing Project
Site and the actual numbers displaced are grossly claimed to be erroneous
with malicious intentions to encroach on lands in the vicinity of Deeghavapi
sacred Buddhist temple. There is a gross discrepancy between the actual
requirement and the programmed allocations. These statistics have been
compared with actual number of Tsunami victims as against the lists
supplied for allocations by the authorities which are grossly inaccurate
and advantageous to Muslims and their agenda of Muslim colonization
in Deeghavapi area.
3. Adequate private lands were available and some were even acquired
for donor driven housing programmes in Sainamaruthu & Kalmunai DS
Divisions for the settlement of Tsunami victims and there was absolutely
no need to relocate people in Norochcholai and Deeghavapi areas.
4. Encirclement of Baudha Janapada in Deeghavapi with Muslim settlers
5. False Statistics produced by the 1st Respondent and Fraudulent Claims
for land in Norochcholai made by 13th to 28th and 45th to 50th Respondents.
In comparing the Electoral Registers of 2004 as against the claims of
the above Respondents, it has been revealed that data and statistics
have been wilfully & fraudulently manipulated to ensure that only
Muslims would be allocated housing in the said area with a view of harming
Buddhists living in the area.
Most of the above Respondents have their registered addresses totally
outside the Norochcholai /Deeghavapi areas but have been allocated housing
in the controversial housing programme with malicious intentions against
Buddhists of the area.
6. The long-term agenda since the 1940s to systematically oust Buddhists
living in this area and settle Muslims from the time of the Galoya Development
Project
7. In the period 1995-1996 at the instigation of Muslim politicians
permits have been granted to Muslims to settle in the Deeghavapi area
whereby the late Minister Ashroff forcibly created a Muslim colony called
"Ashroff Nagar" in the vicinity of the Deeghavapi Rahamaha
Viharaya.
8. Through the years there has been intentional & malicious destruction
of Buddhist Monuments in Deeghavapi and their destruction. The intention
being to convert the entire area into a Muslim settlement area and destroy
the Buddhist heritage evident in the said area.
In the aforementioned Fundamental Rights Case being filed in the Supreme
Courts on 9th September 2008, an extensive explanation related to the
intentional & malicious agenda of fundamentalist religious groups,
NGOs and anti-Buddhist groups will be argued to show how religious and
racial disharmony is being fanned and nurtured against Sinhala Buddhists
(not by Sinhala Buddhists against others) in the area. The Deeghavapi
Housing Project unfortunately is "the tip of the iceberg."
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