LL.B degree program
Title of the Dissertation:
“PRE-EMINENCE MUKKUVAR’S CUSTOMS AND CHANCES OF PLACING IT INTO
LEGAL SYSTEM OF SRILANKA”
AN EXPLOSIVE STUDIES WITH SPECIAL REFERENCE TO CUSTOMS OF MUKKUVAS COMMUNITY THOSE REMAINS IN EASTERN AND SOUTH EASTERN PROVINCES.
MR. S. PRADINATH.
LL.B 3RD YEAR STUDENT, DEPARTMENT OF LAW,
UNIVERSITY OF JAFFNA.
2009/L/013
&
MR. M.M. RADHEEF AHAMED.
LL.B 2ND YEAR STUDENT, DEPARTMENT OF LAW
UNIVERSITY OF JAFFNA.
2010/L/001
Introduction:
They call Eastern Sri Lanka as the land of singing fish. They also believe that they were settled here by a Tamil king called Pandia or during the period of a king Pandia, The Mukkuvar community is a major and main component of Eastern Tamils. They follow MukkuvaLaw which is believed to be issued by king Pandia. Each and every script's end mentions this is the order of king Pandia.
The history of Maddakalappu Tamilakam a local lore says about the Mukkuvar, that when they came from Tamilnadu a fishing caste called Thimilar were already living here, Mukkuvar with the help of muslims fought with Thimilar and expelled them from the land. After that some people came from Kerala and Jaffna a city in the north of Sri Lanka.
Unfortunately, nowadays customs of the Tamils in east and south-east losing its legality in its own land, because of absence of proper legislative enactments or no proper codification on the Mukkuvar customs. Due to this trend, people has been started to forget mukkuvar law and its values. Indeed, this kind of mentality or attitude may give a rise that people in east abandoned their customs or their identities. In contrast, Professor Mounaguru argued that, people in east and south-east still remains with some sort of mukkuva customs and traditions. In the light of above statement our research focused on how we can reinforce of the Mukkuvar Valamai, through recognition of their respective customs of tamils.
Background of the study
Affirmative evidences showing that still Mukkuva law prevailing in some areas in Batticaloa, particularly in “Paduvaankarai Area” such as, Manmunai, Kokoddicholai, Kaluthawalai,Koyitporatheevu, Periya poratheevu, Paandiruppu and Puthukkudiyiruppu in these areas still subjecting to the customary norms of Mukkuvar law.
Roman Dutch Law is the General Law of SriLanka therefore People reside in eastern part also govern by RDL it leads to Mukkuvar Valamai subsequently losing its application from east province of Tamils. Thus an urgent need has been arise to emphasize the people and government regarding the existence of Mukkuvar Valamai and it will be an apt action to adopt it into the legal system.
Our Hypothesis is, some parts of mukkuva Valamai still governing some subject matters relating to customary marriage, succession, land law and religious rites. But the problem takes place when we try to distinguish “Actual practices” and “Mukkuva’s Valamai” because there are many practices prevailing between Tamils of east and south-east. We are witnessing that both customs are prevailing among them, and elders in such community even academic also unable to differentiate such rules from other practices.
In Batticaloa or other eastern province, there are many customs or community of people living together, it is difficult to enforce a particular law on different types of community. But we can see Mukkuvar Valamai never intent to restrict its applicability into the “Mukkuva community” only. Mukkava Valamai is applicable to all cast or community of people without any discrimination. It contains no discriminating laws or rules, and Mukkuva Valmai is a best example for, that “law can make harmony between different communities or castes”. Mukkuva Valamai made mutual acceptances of all laws and rules of different types of community and enshrined those rules as an important identity of such community. This is a fundamental frame work of the Mukkuva Valamai.
“Law should reflect the Basic aspirations of People, Not representatives or particular persons”. Mukkuva Valamai is a “un codified aspirations of eastern people”, such rules forgotten by rulers of such community. Indeed such rules consists much wider and very deepest social norms and values of Tamils.
Notwithstanding RDL started to enforce its laws/rules, without any considerations of basic norms of Tamils in east. Unfortunately we are under the obligation to follow RDL with abandons of our identities. RDL was made by its own people; it is suitable for Dutch people not for Eastern SriLanka. RDL don’t know about the basic norms of Tamils in east, it doesn’t know about the customs, traditions and aspirations of Tamil people in east. Indeed Mukkuvar Valamai is a best Law which reflects all aspirations of Tamils in east. RDL has no probable maintain harmony between different communities or societies.
Judicial attitude toward “Mukkuva Valamai”, many decisions of district court of Batticaloa, gives effects to the mukkuva Valamai Another view, due to the long prevails of the mukkuvar Valamai, which governs relationship between Tamils and Muslims. So logical thinking whether muslim law has been influenced by the mukkuvar Valamai or not?
And also we have to consider whether mukkuvar law had adopted any provisions from muslim law? or what kind of Legal context exists in such situation? Can we observe any legal fraternity between muslim law and mukkuva law?
Mukkuvar Valamai guides all conducts of Mukkuvar people but this research focus mainly on Mukkuvar Valamai Related with Property, Marriage, Succession and business Activities.
Research Problem
The basic principle of the law is “it should reflect the aspiration of the people and their customs”. Laws made without a feasible study of the customs has faced utter failure. Roman Dutch May be an ideal Law to govern the people of east but it did not follows the legal heritage of the eastern people. Therefore giving legal validity to the customs which followed by eastern people till now could give better consequence rather than applying an alien law for that people.
History of Mukkuvar Valamai evidences that it was not a custom of particular class of people it’s an assimilation of customs of all eastern people. MUkkuvar Valamai Consist a proper methodology to console all kind of disputes arises among the communities of eastern province.
No effort has been made to adopt Mukkuvar valami into legal system of SriLanka which will be a great solution for Ethical disputes; therefore this research is indented to identify the customs which have the qualities to have legal Validity under Roman Dutch Law.
Research question
1. What are the Mukkuvar Valamai existing in now days related with Succession, Property, and Marriage and business activities?
2. Do those customs have the validity to recognize as a law under Roman Dutch Law?
Objective
Identifying the prevailing Mukkuvar Vallamai related with the selected topic and analyzing the compatibility to enact those customs as law in Srilankan Legal System.
Scope
This Research Will Be conducted among the sample of People who are residing in the eastern coastal area because as it is feasible connecting of those people and Mukkuvar Valamai. Both genders will be concentrated for the study. The size of sampling will be limited to approximately 200 respondents, which consists Elders Who Knows the Mukkuvar custom, Academics, Students of sociology and History.
Conceptualization
Conceptualization is a system of illustrating the effects of mukkuva valami (if it legalize in future time). Mukkuva Valamaireflects the basic aspirations of all people who usually live in Batticaloa. If this Mukkuva Valamai permitted to prevail in the future, then we can establish “an indigenous rule of law” between different cast of people.
We can create a social network through legalizing the Mukkuva Valamai, which enshrines the social values of different kinds of casts. Social justice is the goal of the law. Usually we have all the features of these social values or Social justice in mukkuvar Valamai. So urgent need arises that Mukkuvar Valamai should convert into law.
Hypothesis
H-01
Mukkuva valamai is still prevailing in the areas surrounding Batticaloa. Especially Mukkuva valamai is still prevailing throughout Eastern and some parts of south eastern. And these usages or customs cannot be separate from eastern people.
H-02
We can bring the “Mukkuva valamai” into Legal System of SriLanka. Some conventional usages, traditions, and customs found in Mukkuva valamai are capable of being subject to the legal system of SriLanka by the operation of Law.
H-03
Proving that, if Mukkuvar vallamai bring into application among the eastern part of SriLanka, then we will realize the social unity between species, and good relationship among the community.
Methodology
The information and data for this research will be gathered from primary as well as secondary sources.
Sources of Data
Secondary data from sources such previous research article on published and unpublished Case laws, government records, Historical books, Law books, journals, , Inscriptions, etc will be used.
For the primary research, the data collection will be through the questionnaire survey. The research questionnaire to be used will be designed taking into the account the variables that are to be measured. A professional way will be taken into the account in the preparing questionnaire by the giving a proper weight age to all needed information.
In the following diagram, I have shown how I am going to initiate this research on “Pre-Eminence Mukkuvar’s Customs and Chances of Placing It into Legal System of Srilanka” an explorative study with special references to
Research
Primary Secondary
Qualitative Historical Books
In depth Interview Case laws
Quantitative Journals
Questionnaire Survey Inscriptions
Mail Government records
Face to Face
Telephone
Postal
Limitations
This research based on very sensitive feature such as culture, religious beliefs, and political ideas. So the response from the target sample group people may vary. The information given by those people may not have absolute accuracy; definitely it has to be revised with the light of some other stuff.
No response from respondents is the most important issue, self-administrated questionnaire, telephone questionnaire survey; email questionnaire survey will be conducted based on the time constraints of respondents wherever possible and convenient to respondents.
Methods of Data Analysis
Data collected from primary and secondary sources will be collated and analyzed. Such data, after collation, will be analyzed using Case studies and other relevant measures. All data’s will be categorized and codified with the use of specialized software then it will be analyzed.
ABOUT THE MUKKUVAR VALAMAI
Mukkuvar Valamai is a Heritage customs of eastern Tamil people of SriLanka. Indeed mukkuvar valamai is legitimized customs of three tribal groups of the population. The conventional customs; known as Mukkuvar valamai is not unique tocommunity of mukkuvars alone. Mukkuvar community is the major ethnic community and there are many branches of ethnic groups of people lived together in east and south east. Small ethnic groups did not considered as a lower status in the “rule of law” or they did not treated as lower status in “uniqueness of community”.
Mukkuva valamai has received several adjustments took place time to time, according to the needs of society, economic developments and political changes. In fact core elements of Mukkuvar valamai never changed. The historical evidence suggested that, all customs and usages of mukkuvars , first time in the history, was codified by King Maagon (மாகோன்).
When the Roman Dutch Law was in effect, mukkuvar valami was codified by Dutch governors. But they did not implement those rules into eastern province nor didn’t they make any such proclamation about implementation of mukkuvars valamai. Because at that time numbers of mukkuvar community is less than required, by such reason Dutch may not implement the mukkuvar valamai. Some people claim that the mukkuvar valamai was not in use very longer and it cannot be used as a valid customs. This kind of arguments is not true.
