Page 1
PUBLISHED FOR THE
BY THE CEYLON
COLOMBC
Vol. XIX No. 2
 

RSIT EYILO IEW
YER 1961
NIVERSITY OF CEY LON JNIVERSITY PRESS
ΟEYION
RS. 2-50

Page 2
Editors C. W. AMERASINGHE P. E. E. FERNANDO K. W. GOONEWARDENA
October
CONTI
Rock Inscriptions at Timbirivava an
in the Vilpattu Sanctuary
by S. Paranavitana
Preemption in Tesawalamai: a Probl
Residual Law
by J. Duncan M. Derrett
Nasalization in the Verbal Endings it
Sinhalese
by M. W. S. de Silva
Study of the Karttikeya-cult as refle
and the Puranas
by K. Kailasanatha Kurukkal
The Functional Zones of the Colon
by B. L. Panditharatna
A Prolegomena to the Philosopy of
Buddhism
by D. J. Kalupahana
Political Offences in the Law of Ext
by C. F. Amarasinghe
Review
UNIVERSITY OF
The University of Ceylon was established or Medical College (founded 1870) and the Ceylo at present the Faculties of Oriental Studies, A University has taken over from the Governm Journal of Science, which has been developed elsewhere and has also started the Ceylon Jou Ceylon Review was founded in order to make sit to provide a medium of publication for the r University, and to provide a learned review a year, in April, and October. Exchange exchanges should be addressed to The Libra annual subscription is Rs. 5.00, and a single co
 
 
 
 
 
 
 
 
 
 
 
 

Manager THE LIBRARIAN UNIVERSITY OF CEYLON
1961
ENTS
PAGE Andaragolava
95 em in Choice of
105 Spoken
117 sted in the Epics
131. bo City
138 Relations in
167 radition
195 229
CEYLON REVIEW
the 1st July, 1942, by the fusion of the Ceylon in University College (founded 1921). It has ts, Science, Engineering and Medicine. The int of Ceylon the publication of the Ceylon as its chief means of contact with Scientists rnal of Medical Science. The University of hilar contact with scholars in literary subjects, search in those subjects conducted in the for Ceylon. The Review is published twice are welcome. Correspondence regarding ian, University of Ceylon, Peradeniya. The y Rs. 2.50.

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ERRAT
Page 102, l. 3, for subjected reads
102, l. 4, for Buddhahood re. 102, l. 5, for also 33 read a
everywhere3s 102, 1.16, for year read year36 103, 1.15, for epigraphs 4 rea 103, 1.19, for context35 read ( 104, I. 3, for aropetva) readar 104, l. 5, for followed. 37 read 104, l. 7, for 'law'38 read law 104, 1.20,for valid39 read vali 104, 1.31, for slavery40 read sl 104, after foot-note 40, add the 41. Sorata Mahāthera, 42. E.Z., Vol. V, pp. 43. Vaharala Cidavi, li
of slavery.
 
 
 

ubjected32 ad Buddhahood33
lso34; for everywhere read
depigraphs 7
ontext.38
followed. 40
产.41
42
avery43
following foot-notes Sinhalese Dictionary, s. v. 67-8. iterally, 'caused the cessation
s =−sg
E

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(AI) e AgIsoầe repuy pure (III
I) eA$AȚIsqųIII, qe suosqdĻrosu I->soos
III
III

Page 5

--------------------T-

Page 6
ܡܝܢ
University of
Vol. XIX, No. 2.
Rock Inscriptions a Andaragollava in the
N ancient site in the forest abou Αι lying about half a mile (
covered in 1953 by the officers site had no name at that time, but is in an abandoned and breached tank in t feature at the site is a ruined stūpa, som of an outcrop of granite which rises flight of over 30 steps, about 4 ft. in bre of the rock leading to the stupa. A p. the lower portion is square to a length octagonal (the edges of the square bein; is lying near the stupa mound. On th are traces of ancient structures indicat altar slab, 8 ft. in length and 5 ft. in ground to the north of the stupa appe.
A full brick picked up at the site measu rock to the north of the stupa are three
The discovery of the site and th Archaeological Department by Mr. C Wild Life Department. Estampages ( the officers of the Archaeological Dep 42 and 43 in the List of Inscriptions c pendix II of the Administration Repc also been referred to at p. 29 of that these estampages and photographs of t Dr. C. E. Godakumbure, the present A I am also indebted to Dr. Godakumb Inscription No. 1 prepared by Mr. T.
I
The inscription numbered I in th Archaeological Department's List of
sists of five lines of writing, of which
each, the fourth is about 4 ft. and the fif

Deylon Review October 1961 t Timbiriya Va and
Vilpattu Sanctuary
t three miles south of Maradanimaff the route to Ikirigallāva, was disof the Wild Life Department. The ow referred to as Tirnbirivava, after he vicinity. The most conspicuous 20 ft. in height, on the highest point
above the surrounding jungle. A adth, has been cut on the eastern side lar, 11 ft. 10 in. in height, of which of five feet and the rest is irregularly g chamfered), and with rounded top, a level ground to the east of the rock red by stumps of stone pillars. An breadth, is noticed in this area. The urs to have been laid out in terraces. red 16 in by 8 in. by 2 in. On the
inscriptions.
le inscriptions was reported to the W. Nicholas, the then head of the f the inscriptions were prepared by artment in 1954, and numbered 41, pied in that year, which forms Aprt for 1954. The inscriptions have report. I edit the inscriptions from lem kindly placed at my disposal by cting Archaeological Commissioner. 1re for having a fresh estampage of K. Jayasundara.
is paper is that numbered 43 in the inscriptions copied in 1954. It conhe first three are about 8 ft. in length h probably of the same length as the

Page 7
UNIVERSITY O
preceding. An undetermined num end of the last line, its exact length by the inscription measures appro in height between 7 in. and 2 in.
line 1, the tenth letter of line 2, thi uncertain number of letters, possib been lost due to the peeling away c has affected some of the Other lette shallowly, but sharply, incised, an But, in a photograph of a reduced
to an untrained eye, from adventiti of the rock, which too appear on
drawing of the letters made from t graph, of this record as well as oft
The script has a general resem Vessagiri at Anuradhapura, of whi of Epigraphia Zeylanica (EZ), Volun illustrated on Plate 2 of EZ, Volur present record differs from that in ti right hand portion of the letter is 1 through the straight horizontal line forming the letter mula, the lower (EZ, IV, plate II), is Smaller in siz record, too, is similar in form to tha reader interested in palaeographica in the drawing with their counter the same date as this epigraph. letters a, ra, ka and the stroke for Stoke forming the serif of some aks, the curved or hooked forms in the tions of the first to fifth centuries evolution of the Sinhalese alphabet.
The Sinhalese language of this ments appropriate to the period to palava for Skt. prātipada, P. patip pålaviya, and baniya for Skt. bhägine
I See the corresponding letters in EZ 7, 8, 13, 22 and 23 ; Vol. IV, plate

R CEYLON REVIEW
ber of letters being totally effaced at the cannot be ascertained. The area covered ximately 8 ft. by 2 ft. The letters vary About eight letters after the first two in ree letters after the tenth of line 3 and an ly three, at the end of the last line have f the rock. The weathering of the rock 'rs also in places. The letters have beetl d are reasonably clear on an estampage. size, they are not readily distinguishable, ous lines and dots due to the weathering the estampage. I therefore reproduce a he estampage, in addition to the photohe next. -
blance to that of a rock inscription from ch a fascsimile appears on Plate 12 (IV) ne IV, and the Murutava rock inscription me V. The forinn of the letter ha of the he Vessagiri inscription referred to. The reduced to a loop placed on and cutting forming its base. Of the two triangles
one, as in the Nagirikanda inscriptions e than the upper. The letter ja of Our ut aksara in the Nāgirikanda record. The
| development may compare the forms parts in other records of approximately The straight vertical lines of the the medial u and the short horizontal aras in this record, when compared with Corresponding aksaras in many in Scrip, definitely point to a reversal in the
record displays phonological developwhich it refers. Noteworthy forms are da and classical and modern Sinhalese ya, P. bhāgeneyya and Sinhalese bằna. In
, Vol. I, plates 13, 27 and 30 ; Vol. III, plates
22.
96
ནི་ அ

Page 8
سے۔
བོད་
ཟོ་
ROCK INSC
the form Nikamani, the last syllable o dopped. Vowel assimilation has tak puna-nasa.
The record is dated in the tenth r Alakapaya. “Kasabala, as the equival is found in several graffiti at Sigiri as v ninth and tenth centuries.4 The transf of this name into Kasaba, Kasıl or K development. With regard to the suf the forms Nakala for Naga in a fi Minvila in the Tamankadu District, : Mihidala for P. Mahinda, Skt. M: Skt. Kirtti, Occuring in the Sigiri gr. king who would have been called Kass: of the script of the Garaidigala inscrip record would make it certain that thi Kassapa II had a reign of only nine yea in whose regnal years this epigraph Kassapa I, whose association with Sigi students of Ceylon history and art. known dating from the reign of Kass VCry grCat.
The title of Alakapaya attached Alakapati (Lord of Alaka) in Sans involved in Skt. Alakapati becoming shortening of the long vowel, the drop tion of they to avoid the hiatus thus caus syllable-are familiar to students of Ol Alaka is Alakananda in Pali texts; the explained by the Cillavatisa9 when its: of Sigiri "a fine palace worthy to be
EZ, Vol. III, p. 179.
EZ, Vol. IV, p. 227 ; Vol. III, p. 178. Sigiri Graffiti, Oxford University Press Sigiri Graffiti, op.cit., Vol. I, p. ccxvi el See EZ, Vol. III, plate No. 16, facing I See Calava rhsa, Geiger's translation, pa Sigiri Graffiti, op.cit., Vol. I, p. lxxx, p. graph 292. Ceiger’s translation, part I, p. 42ff ; chi
97

RIPTIONS
the earlier form, Nikamaniya,2 has in place in punu-nasa for the earlier
ignal year of a king styled Kasabala nt of Pali Kassapa, Skt. Kāsyapa, ell as in the stone inscriptions of the ormation of the Middle Indian form asubu follows normal phonological ix-la attached to the name, compare st or second Century in Scription at nd Senala for P. and Skt. Sena, hendra, and Kitala for P. Kitti, fiti.5 Our record therefore is of a pain the Cilapahisa. A comparison tion 6 of Kassapa III with that of our s epigraph is not of that monarch. rs;7 therefore he cannot be the king is dated. Thus we are left with ri has made him well-known to all This is the only inscription so far apa I; hence its historical interest is
to the king's name is the same as krit. The phonological processes
'Alakapaya in Old Sinhalese-the ping of the intervocalic t, the addied, and vowel-assimilation in the last di Sinhalese and need no comment. 8 efore the significance of the title is ys that Kassapa built on the summit old, like another Alakamanda and
1956, Vol. II, pp. Il 13, 1 18 and 309. Seq.
9.S.
t I, p. 90 ; chapter xlv, v. l0. ragraphs 275 and 276 and p. lxxxvi, para
pter xxxix, v. 5.

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UNIVERSITY OF
dwelt there like (the god) Kuveral
the
Abode of a God-king, 11 which
chronicle.
The purpose of the epigraph v
kahavana 12 coins to the royal mo nephew of Valaba Haladara. “Masa name of the monastic establishmen not appear to be mentioned in the wise unknown.
O
2
13
4.
15
16
මපු[රුමු| . . . . . . . ය. කසබ් අපයහ වත ලගි ද[ස|-වනක-වස: පුණු-මස [ෙ]පළව-දව[ස ] · ... බල හලදර බනිය බුදල-අලදර සත
5 සයක කහවණ මසල-රජ–මහ-ව
TRÀ
Mapu[rumu). . . . . . . . ya 13 Apayaha cata lagi da[sa] -va puņu-masa peļavas-dava Haladara baniya Budala-Al. sayaka kahavana Masala-raj
Journal of the Royal Asiatic Society, Skt. kāršāpana, P. kahãpana, Sinh. ! Ceylon Coins and Currency, Colomb. Perhaps the missing letters, togethe (P. Sörisa,ñghabodh,ʻi).
Parts of some letters forming this w leaves no room for doubt with regal
The e-sign is presumed to have prototype of the classical Sinhalese assimilation has been at work to giv The context requires a place-name in fore may stand for hi.
May be restored as vaharața dina. Nikamaņiya, in the Tõņigala inscri Sinhalese and inscriptions of the Sinhalese Dictionary, s.a.); modern the Sinhalese lunar month correspor occurs in the Samantapdisdidikó (P. which is most probably a rendering the inscriptions. How the month r. gation,

CEYLON REVIEW
0 and the present writer's paper Sigiri, is a commentary on that passage in the
vas to register the gift of seven hundred nastery of Masala by Budala Aladara, la (P.Mahasela) is evidently the ancient ut at the modern Tirihbiriväva. It does chronicles. The donors, too, are other
TEXT
ල-අලකපය-මහරජහි නිකමණි-වද මහ වසන වළබ–
හර . . . .
NSCRIPT
Kasabala-Alakapaya-14 maharaja
naka-vasahi Nikamani-cada ?ܓܠ sa] ... balahalovasana Valabaadara Sata
a-maha-vahara .... 17
Ceylon Branch, New Series, Vol. I, pp. 129-183. kahavant. For this coin, see H. W. Codrington, o, 1924, pp. 17ff. -
ir with ya, which is preserved, read Sirisagaboya
rord are blurred; but what is preserved of them cd to their identity. been there as the form pelava would be the Odilavi; but it is also not impossible that vowel7e rise to the form palava. in the locative singular here; the last letter there
ption (EZ, III, p. 178); Nikim ni in classical ninth and tenth centuries (Sorata-mahathera's h Sinhalese Nikinini or Nikini. The name of lding to Skt. (July-August). The name T.S. Edition, Vol. IV, p. 867), as Nikkchamanīya, into Pali of the Old Sinhalese name known from eceived this name is a matter requiring investisi
جع۔
AV
98

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|5ZCZ 522冈 於斜磁* Hi ,
***z%(7 (>内
-沁 L兴orosło?对 喇嘛f邻蛾雨į颶パ\ź42%)??! 1**P劑%灣

PLATE III
(AI) BABIIosserepuv pue (II ? I) 8A8AȚIȚqųIII, qe suosqđịaosu.I jo sous-werq
灯x丁附 翻曬I oszłozogoso心 凶内^凡A
冷sgassgsgsg鞑2凶gsą rzoo =>~2,725v3?{
、통改正和s니583333%4,24阮于风冷Gogo ogrosos
II

Page 11


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ROCK INSC
TRANSL
On the first day of the waxing mc the tenth year of the raising of the u king. . . . . . . . Kasabala Alakapaya, th of Valaba Haladara,20 residing at . . . . . [to] the great royal monastery of Masa
III
The second inscription at Tirnbiri each about 11 ft. in length. About fo and seven at the end of the second, area length of the lines cannot be ascertaine auspicious word sidam is enclosed wit formed by the flourish of the stroke f addition to the letters at the ends of t damaged, but their identity is beyond ( ends of the lines, too, can be restored context. The area inscribed is 1 ft. ii.
The letters range in height betwe Y regularly and carefully incised than in generally resembles that in the precedi are less angular in form. The letter h record in that the base line curves upwa downwards. The stage of developme generally similar to that of the foregoi
18 Apaya occurs in the inscriptions of this in the Nāgirikanda inscription (EZ, Vol Vol. IV, p. ll4, n. 10.
19. The form Aladara in the name of the C personage of whom he was nephew (si Haladhara, the bearer of the plough', an the god whose symbol is the plough. through an intermediate form Vadaba. e.g. in vidabam, for Skt. vrsabha. Budala addition of the suffix-la. It is notewort sises his relationship to the maternal unc tionship. The normal practice in ancient of a person together with that of his (Haladara) descent was matrilineal.
Masala = Skt. Mahå-silå or Mahå-saila, P 20 ܥܡ
21 EZ, Vol. III, pp. 177 and 183.
99

RIPTIONS
TION
on in the month of Nikamanils in mbrella of dominion by the great Brave, 19. Budala Aladara, nephew
bala, (gave) seven hundred kahavanas a.21
ava consists of two lines of writing, ur letters at the end of the first line, most totally effaced; hence the exact d. To the left of the two lines, the hin a linear framing of oval shape or the mediali of the first letter. In he lines, certain others are partly Juestion. The missing letters at the with reasonable certainty from the
n breadth.
2n 6 in. and 1 in. They are more the previous epigraph. The script ng record, but the individual letters a differs from that in the preceding rds at the right, and ends by curving nt exhibited by the language is also ng inscription. A noteworthy form
period in royal names after maharaja, e.g. . IV, p. 123). See EZ, Vol. III, p. 124 and
lonor is the same as Haladara, that of the ster’s son). Haladara is the same as Skt. d can be interpreted as a name of Baladeva. Valaba may be derived from Skt. Vrsabha, The substitution of d for s is found in Tamil, is the same as Skt. and P. Buddha, with the hy that the donor in this inscription emphale, and does not mention his paternal relaSinhalese inscriptions was to give the name father. Perhaps in the family of Aladara
Mahd-sila or Maha-Sela, See next page.

Page 13
UNIVERSITY OF
is yahala, which occurs in the Ton hakada.22 The form found in our r differs but little from its modern monastery at the place is called M other it is "Masala. Most probably pronouncing one and the same nam other, the syllable ha having dropp record must then stand for sala in of s becoming r, a phonetical ch for Skt, su vanna (Ruvanimala, v. 388 colloquial Sinhalese, e.g. sata (cent) uneducated person speaking Sinhale of the r taking the place of s. Not in Piligamiyi.
The record is dated in the fourt boyi (P. Kumara-sirisañghabodhi). (Sirisaighabodhi) occurs here for the The only Sinhalese king of this peri a name with the element Kumara w in the Cillavamsa and Kumaradas writings.23. In the only other epigr. Maha-Kumaratasa (Maha-Kumarad taken without doubt as one of Kun It is therefore twenty-nine years la the same site. The purport of the 1 paddy for the maintenance of slaves been commented on, by the wife of a The identity of the last named place in the vicinity of the modern Tirib
Τ
1 සිදම්[|*]කුමර-සිරිසගෙබඩායි–මපුද
[ෙදාළස-ප] 2 –ක පිළිගමියි වසන දළයහ අබි
වට-කට දින]
22 Cāļavaminsa, chapter xli, v. 1; Pi A. V. Suravira, p. 100, Pārakumbās
23 EDIZ, Vol. IV, p. 123. 24 Modern Sinhalese Wap, the month co

CEYLON REVIEW
gala inscription of Sirimeghavanna as 2cord occurs also in literary works, and form yala. The name of the ancient aharala in this record, whereas in the the two forms are different methods of e. Ma in the one stands for maha in the ed. Rala in the name as given in this the other. Thus we have an instance lange noticed in Sinh. rt41'an, gold”, ), and sporadically met with in modern being pronounced as rata by the average se. The change oflto lis a consequence worthy also is the locative termination
h year of a king styled Kumara-sirisaga
The throne name of Sirisagaboyi : first time in an epigraphical document. od, or of any period, in fact, who bore as he who is called Kumara-Dhatusena
a (Kumaradas) in Sinhalese historical
aph yet known of this king, he is called is
asa).24 Our record may therefore be
haradasa who reigned from 512 to 520. er than the inscription of Kassapa I at
record was to register a gift of a yala of in the vihara named, which has already
person named Daļa residing at Piļigami.
cannot be established. It was probably
riväva.
EXT
රුමුක චතරිවනියහි වප-වදි පුනු-මෙසි
මහරළ—රජ-මහ-විහරෙ වියහළක වහර [ල–
ijāvallī, chapters xxxiii and xxxiv, edited by (rita, v. 23.
rresponding to Skt. Asvina, September-October.
100

Page 14
ROCK INSC
TRANSC
*1 Sidam |* Kumafa-Sirisaga Vapa-cadi punu-mesi Idolasa-p 2 -ka Piļigamiyi vasana Daļaya vi-yahalaka vahara la-vata kat
TRANSLA
Success! On (the twelfth) of the w in the fourth of His Majesty Kumara residing at Piligami, (gave) one yahala taining the services of slaves26 at the g
III
The third inscription at Tirnbiriv measuring approximately 5 ft. 6 in. at broadest. The letters range in height of five lines of writing, of which the script and language conform to standar sixth centuries. The record is not da manumission of an individual, who is 1 ValdS.
r TEXTܔ”
1. සිදම් [|*] අබ–ජෙට–බය අබ එ– 2 –කසය කහවණ දි වස 3 වහරල විදි [|*] පල සව4 –ට සවසතනට මය රි5 –චි බු[දු|බව ව[යවය][|*]
TRANSC
Sidam||*] Aba-jeța-baya Aba c-ka-saya27 kahavana di vasa vaharala cidi | *) Pala sava-ța28 sava-satanața maya ri
-ci Budu-bava valyavaya]|*
25 Vii:—See EZ, Vol. III, pp. 177 and 184. 26 Vaharala viața, koțu:— See EZ, Vol. IV, 27 The letter sa has been engraved over a
engraved on the stone. 28 The normal phraseology in inscriptions and 4 occurring after pala is due to a cl ܥ7
has been taken as authentic.
101.

RIPTIONS
ΙΡΤ
boyi-mapurumuka catarivaniyahi alha abi maharaļa-raja-maha-vahare a dina)
ION
axing moon in the month of Vapa25 Sirisagaboyi, the wife of Dalaya, of paddy for the purpose of mainreat royal monastery of Maharala.
va covers an area of rock surface the longest, and 2 ft. 6 in. at the between 6 in. and 2 in. It consists last two are badly preserved. The is familiar in records of the fifth to ted; its purpose is to register the
named, by paying a hundred kaha
RIPT
For yahala, see note 21. pp. 134 f., and below p. 103 ka which has obviously been erroneously
f this type indicates that savata in lines 3 rical error. In the translation, however, it

Page 15
UNIVERSITY OF
TRAN
Success. The elder29 brother kahavanas, 31 freed Aba from the slav the merit of this be for the attaini
also.33 to all beings everywhere.
About three miles south-east o boundary of the Vilpattu National to the east of Tirinbirivava, there i Andaragollägala. On One of thes about 30 ft., and about 50 ft. in len of an ancient brick structure, prob remains, the1e is an inscription whi W. Nicholas. Information about the logical Department, and an estampag 46 in the List of Inscriptions copied been read from a photograph of that by Dr. C. E. Godakumbure.
Excluding the auspicious word ofthe i sign of si, 10 in. by 7 in, to ti record covers an area of the rock sur and 9 in. at the broadest, and comp vidual letters, ranging in height betw sharply incised. The weathering o places, but every letter of the recor rally resembles that of record No. 2 more developed forms; compare fi The letter la has two dents and the down on the left. This record furni of the initial o in records of the fif the second year of a king named I
29 Jeta = Skt. jyesha, P.jetha, classic word does not always have the supe 30 Skt. or P. Abhaya. 3. See note . 32 Vasa = Skt. vasa, P. vasa, Vahar
pretation of that word as 'slavery’.
'caused the cessation of slavery. 33 Rici. Budiubava vayavaya :— See EZ

CEYLON REVIEW
NSLATION
- of Aba, 30 having given a hundred rery to which he was subjected. May ment of Buddhahood, 32 desired by me
IV
f Maradanmaduva, close to the eastern Park and about three-quarters of a mile s a group of detached rocks known as e rock-boulders, rising to a height of gth, there are to be seen slight vestiges ably a stipa, and to the south of these ch was discovered in 1953 by Mr. C. : discovery was supplied to the Archaeoge was prepared in 1954, being numbered by the department in that year. It has estampage kindly placed at my disposal
Sidam, which is written within a flourish
he left of themain body of the writing, the
face measuring 2 ft. 9 in. at the longest, prises three lines of writing. The indiVeen, 1 in. and 3 in., are shallowly but f the rock has obscured the writing in d can be deciphered. The script geneat Tirinbirivava, but certain letters have or example the symbols for da and la. serif of certain letters, e.g. pa, is turned shes us with one of the rare occurrences th to eighth centuries. Being dated in Dala-Opatisa (Dathopatissa), the record
sal Sinhalese detu, 'eldest’. In actual usage, the 'lative sense indicated by its etymology.
ala being qualified by vasa supports the interThe literal interpretation of vaharala cidavi is
-
پناہ
یا
1, Vol. IV, pp. 132 and 136.
102

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ROCK INSC
at Andaragollägala is 174 or 158 years og 129 after Inscription No. 2 at Tinbi of these records indicates that there angular variety of the Sinhalese script d
This inscription ends with the ph been found so far in any other record that dasi is the same as Skt. dasya, P. dasa Paha can be equated with Skt. paša, P. Cidavi is the third person singular in th verbal root corresponding to Skt. chid, would be siidavi. The whole phrase m to be torn asunder, or caused the cess slavery.
The phrase dasi-paha cidavi of the of vaharala cidavi occurring in a large nu yet unpublished, belonging to the pe Centuries. In publishing some of the suggested that vaharala and its variar according to the context.35 The occur vaharala in the present inscription esta that I proposed for it originally.
The occurrence of dasi-paha as sync gives us a clue with regard to the ety reasonable to take that laya, its variant la, have the same meaning as paha. equivalent etymologically to Skt. lå adhere, with the secondary meaning found in the word a-lana formed fro1 of the prefix a. Vahara is equated in the meaning of law or 'cus the word vaharala and its varian one who is subjected to a legal bond support from the statement in the San
34 Maya = mã in standard Sinhalese, See 35 Savata can mean to all, but the word w has therefore being equated with Skt. sa
that the scribe first wrote savata, but li ܡܢ
note 28.
103

RIPTIONS
ater than Inscription No. 1, and 145 liviva. A comparison of the script was not much development in the ring the sixth and seventh centuries.
zase dasi-paha cidavi, which has not of this period. It is quite obvious ya, 'the state of a slave, i.e. slavery. pāsa, “noose, bond, chain or fetter. a causative mood, past tense, of the its equivalent in classical Sinhalese ay therefore be translated as caused ation of the bondage or fetters of
present inscription takes the place 1mber of epigraphs, 34 many of them riod between the fifth and eighth se inscriptions for the first time, I ut forms mean slave or ‘’slavery”, rence of dasi-paha as a substitute for blishes beyond doubt the meaning
onymous with vaharala or vaharalaya mology of the latter word. It is form leya, and its contracted form Laya, leya and la, therefore, are a, derived from the root li "to of “bondage, fetter, which is in the same root with the addition with Skt. Vyavahåra, P. vohåra, om. Etymologically, therefore, is would mean legal bond or The suggested etymology gains antapasadika that a bought slave is
Sigiri Graffiti, Index-Glossary, s.v. ould be redundant before sava-satanata. It
vatra, P. sabbattha. It is, however, possible ster expanded it to savasatanata. See also

Page 17
UNIVERSITY OF
a son bought for money from the bought from the master, having b slaves (dasa-caritarii aropetva).36 li authority states, the laws regardin should be followed.37 The word Samantapasadika is equivalent to Sinhalese documents of the ninth t therefore synonymous with vahara ( of the compound vaharala. The \ forms vahal and vāl, are thus seman bondsman,” “bondmaid,” “bond-se etymology would also explain the
from the root chid to express the id
The inscription contains no ev (Dathopatissa), in whose regnal yea. of that name. It may, however, b of our inscription is given the sov Dalapatisa (Dathopatissa) of the I purunaka. If the reasons adduced be valid,39 our record may be taken tissa II.
1 සිදම් [|*] දළ–ඔපතිස–මපුරුමුක 2 -co [sa] aboyco3 6[6] sa G-a)- 3. ද පුත දසි-පහ විදවි [|*]
TR 1 Sidam * Dala-Opatisa-m 2 -sa [de]vanayahi Gi[ri]vela3 -da puta dasi-paha cidavi ||
TRA In the second of the years of F freed his son from slavery. 40
36 Annual Report of the Archaeological 37 See EZ, Vol. IV, Nos. 15, 16, 17 an 38 EZ, Vol. IV, pp. 134 ff. 39 Dharmakkito mйта тdtd-pitumтат 8 datvd däsa-cdrittam dropetvä kito. S With regard to the phrase caritta pannani dropenti, said in the same rily sells himself to slavery by mea 40 Tattha, tatthiau cāfritta-vasema cadāsCam,

CEYLON REVIEW
parents, or one who is already a slave rought him within the law relating ito manumitting a slave also, the same g slaves prevailing in various localities caritta used in this connection by the Sinhalese sirit, regularly used in ) fourteenth centuries for 'law'.38. It is Skt. vyavahara) forming the first member vord vaharala and its modern Sinhalese i tically equivalent to English bondman, rvant and other similar words. This appropriateness of using a form derived ea of manumission.
idence to decide whether Dala-Opatisa Is it is dated, was the first or the second e of some significance that Dala-Opatisa rereign epithet of mapurumuka, whereas Dakkhina-vihara record is referred to as to ascribe that record to Dathopatissa I as a document of the reign of Dathopa
TEXT
---Dع--
ANSCRIPT
apurumuka-va
Ca
*
NSLATION His Majesty Dala-Opatisa, Girivela Cada
Survey of Ceylon for 1954, p. 38. d 37 and Vol. V, Nos. 2 and 3.
итtikä putto säтikäтатћ sатtikä däso vӑ dһататії. amantapasadika, P.T.S. Edition, Vol. V, p. 1001. rn aropetva, compare the expression Sayam eva ontext with reference to a person, who voluntans of a document. 、 atvā, Samantapāsādi kā, op. cit., Vol. V, p. 100l.
104

Page 18
Preemption in Tessa VV
in Choice of 1
Oူမျိုး points which
lawyers come to the very front c
subject of preemption has been v decade in Indian and Ceylon cases, an decision which indicates the advantage theories ready to cope with the rare a lesuvari v. Velupillai Selvadurail cannot decision, but it bears the marks of M caution, and leaves a way open to establi law in preemption cases under the Tesa outset that even under the Tesawalam of 1947) many problems may arise w Tesawalamai itself, for the Ordinance codifying; and in this case the parties Ordinance would be neither necessary in
--
r In Mangalesuwari's case a father and sharers lands subject to preemption in 1937. In 1950 the daughter, whilst still sharer to preempt the share. Two thing suggested that her father's (and natural going to sell was constructive notice to had therefore had notice of the intende arose in her favour. Secondly the resp Supreme Court of Ceylon, Velupillai v. emptor, in order to succeed, must sho notice he could, as well as would, have p sion, and others which take a similar view fully on practical grounds. Their Lo
1. 1961) 2 W.L.R. 813 (P.C.). 2. (1951) 53 N.L.R. 472.
3. H. W. Tambiah, “The Contents of The 1959, at p. 35 of the offprint. (In the present a because it is used by the Privy Council but be syncracy, as in 'Santha' for the girl's name Sant
105

a laimai: a Problem esidual Law
interest historians and academic f practical legal controversy. The ery much in the air during the last d now we have a Privy Council of having well-prepared academic ind unexpected problem. Manga
be said to be an epoch-making r. L. M. D. de Silva's customary sh, if necessary, what is the residual walamai. It must be noted at the ai Preemption Ordinance (No. 59 hich have to be settled under the is amending and not exhaustively were agreed that reference to the
or helpful.
d daughter had inherited as half1935. The father sold his share in a minor, brought an action as cogs stood in her way. Firstly it was guardian's) knowledge that he was the minor daughter and that she di sale and thus no cause of action ondent relied on a decision of the Pulendra,2 to the effect that the prew that had he received reasonable urchased the property. This deci, had already been criticised power
rdships disposed of the first point
awalamai, Tamil Culture, vol. 8, No. 2, ticle the spelling Tesa- is used, not merely ause the other spelling is a Madrassi idio

Page 19
UNIVERSITY OF
very simply: notice to, or knowle so interested a position as the fath the minor appellant at al. The se
Since the Tesawalamai itself di show that at the time when his caus as willing, to buy, this rule establisl a residual legal source. In the ( Sinnatamby4 it was laid down the Roman-Dutch law is applicable. question's being opened, whether i besides the Roman-Dutch ought in well known in Ceylon that there exis from Islamic law (a baseless theo1 principles had been consulted m Roman-Dutch law (which knows Napoleonic germanic customary la
by their Lordships. They say, 5
“It appears to their Lordships tha Muslim can be regarded as part o permissible to look at the law obt reasoning which underlies the prin in them in dealing with various p1 the principles of Tesawalamai as est priate, to borrow such rules and co in Ceylon.
Their Lordships carefully scrl Islamic systems to see whether an pounded on behalf of the respond case.6 It was evident that no suc and the appellant won her appeal.
In this article the question wh the residual law in Tesawalamai pr
4. (1948) 50 N.L.R. 367. On the sub Tamils of Jaffna (Colombo, 1950), pp. 43
5. At 1961 2 W.L.R. 813, 818. 6. (1951) 53 N.L.R. 472.

CEYLON REVIEW
dge of, a natural guardian who stood in er in this case could not be imputed to cond point was more difficult.
d not lay down that the preemptor must e of action arose he must be able, as well ned in Ceylon since 1951 must rest upon Bontroversial) case of Sabapathypillai v. it where the Tesawalamai is silent, the But this case did not preclude the in preemption cases other sources of law ot to be consulted. And in fact it was ted a theory that preemption was derived y, as we shall see), and in fact Islamic ore than once. The proposition that preemption, as do most of the prews) is the ultimate source was negatived
at neither the Roman-Dutch law nor the f the law of Tesawalamai, but that it is aining in those systems, to ascertain the ciple of preemption as it is to be found" roblems; and, where not in conflict with tablished in Ceylon and otherwise approncepts as seem best Suited to the situation
Itinised both the Roman-Dutch and the y such rule could be found as was proent and was authenticated by Velupillai's rule was to be found in either source,
ich is sought to be answered is 'what is 'eemption problems? Since the process
ject see H. W. Tambiah, Laws and Customs of the 量。
106

Page 20
A re
ܛ .
PREEMPTION IN
of tracing out this matter is Very COm
g very deliberately step by step.
Naturally, if we go back beyond t mary law of the Tamils in Jaffna, 7 we a the Tamils of Ceylon were more or less India, and still conscious of their cult Indian Tamils. True enough, traces ( Sir Alexander Johnston, 150 years ago enquiries into the sources and nature C the adjoining Peninsula. It is clear that law for Hindus governed by the Tesaw so governed, was the Hindu law Anglo-Indian) authorities in the adjo Coast. He specifically mentions two law which were said to be consulted in Mitakshara of Vijnanesvara, and the mentary by Vidyaranya-Svami on the
It tells us that Brahmans able to read S in Jaffna what the Sanskrit law books unclear, or open to controversy. Natu
of the Tesawalamai ‘Code by the Duta
7. See H. W. Tambiah, ''The Law of The 1958, at pp. 1-8 of the offprint. At p. 9 the lear have been brought by Malayalis from Malabar theory of Malabar contributions to Tesawalama. 8. H. W. Tambiah, ''The Alexander Johr vol. 3, No. 1, pp. 18f.
9. The information on the subject is repro Laws and Customs . . (cited above).
9a, Brahmans who were more familiar w availed themselves of Tamil translations of Sains rdjiyam has not come to hand, but F. W. Ellis, si in and must have possessed a copy of a Tamil had in the Tamil country 'always been held as whatever, not excepting even the text of Menu IX, 1833, 217-224 at pp. 220, 222). This Tam should probably call it a paraphrase), but wa would diminish the importance of Brahmans as who visited India in 1807 and 1817, received and as Ellis was concerned to publicise the T from unlikely that Johnston made its existen currency of other Tamil translations of the Viji but there may well have been versions of the the continent. Other work of Ellis on the sa Journal, Madras Literary Society, VII, 1819,
enlighten us further on this point.
107

TESAWALA MAI
licated, an attempt will be made to
he earliest information on the custoce bound to come to a period when in touch with their cousins in South tral and religious community with f this were still to be found when , made very extensive and fruitful f customary laws in Ceylon and in he was then assured that the residual lamai, and possibly for non-Hindus as administered by Indian (not ning districts of the Coromandel well-known textbooks of Hindu Jaffna: the Vijnaneswariyan, i.e. the Parasara-madhaviyan, i.e. the comcode of Parasara. This is enough.9
anskrit 9a would tell the caste-heads
said in cases where customs were rally the purpose of the compilation sh was, as far as possible, to limit, or
sawalamai, Tamil Culture, vol. 7, No. 4, ned author suggests that preemption might
This suggestion fits in with the author's on which the debate is bound to continue. stone Papers, Ceylon. Historical Journal,
duced substantially at p. 32 of Tambiah's
th Tamil than with Sanskrit may have krit works. A Tamil version of the Varadametime Collector of Madras, was interested translation of the Vijiidineswariyam, which of superior authority to any other law book (Manu)” (Ellis, in Lauv Magazine, London, l work was both translation and gloss (We in verse! Ellis actually believed that it xpositors of law: ibid., 223. Sir Alexander, copy of Ellis' article from Ellis himself, mill translation mentioned above it is far 'e known on his return to Ceylon. The ineswariyam in Ceylon has not been shown, Pardisara-nadhaviyan in use there and on the general subject appears in the Asiatic 44-6, and VIII, 1819, 17-23, but does not

Page 21
UNIVERSITY OF
render unnecessary, recourse to su where the Dutch had no interest
tamper with the rules previously
therefore exactly similar to that pre Anglo-Hindu law began to develo source of law, notwithstanding the
rules were abrogated (or, more Co deviations. That the Tamils of Sol in difficult matters that came to jud behaviour of the inhabitants of the of jurisprudence regularly (but by books in such situations.10
Now that we know that Ron fixed upon as the residual law in T was the residual law, how much Hindu law of preemption 2 Here long been the fashion to proceed u (as recorded in the wajib ul-are of regulating customary laws of pree per se, and helped out, where necess (preemption). At one time, as Dr. properly pointed out, 12 a Full Ben Uttar Pradesh) with an insight far preemption as a feature of customa laws as such, derived not from the law.13 But this sensible, and corre subject was rejected, somewhat c Digambar Singh v. Ahmad14 we ar theory that preemption in customa upon the basis that the Hindus lea vernors.14 The position now esta as amongst Hindus, derives its aut
10. See Léon Sorg, Avis du Comité Con. 1897).
ll. See above, n. 4.
l2. ‘‘Contents. . .,” at p. 32; F. B. TI 1940), p. 666, n. 8.
13. See also Tyabji, pp. 669-70. Also 14. (1914) L.R. 42 I.A. 10, AIR 1924 P. 14a, See n. 23a, below.

CEYLON REVIEW
ch books except in matters of religion, or inclination either to establish or to enforced. The position in Jaffna was availing in Madras Presidency when the p: the Sanskrit books offered a residual fact that in very many cases their actual irrectly, derogated from) by customary Luth India did consult the Sanskrit books icial tribunals is rendered certain by the : French possessions, whose committee no means exclusively) looked into the
lan-Dutch law ought not to have been esawalamai cases, 11 and that Hindu law further forward are we ? Is there any we arrive at a difficulty. In India it has pon the hypothesis that customary law the Punjab, or in statutes codifying or imption elsewhere) must be construed lary, by recourse to Islamic law on shafa H. W. Tambiah (as he then was) very ch of the North-West Provinces (now is
ahead of its time had determined that y law, existing independent of personal Muslims, but from ancient customary "ct, understanding of the history of the arelessly, by the Privy Council. In a given the benefit of their Lordships ry law is derived from the Islamic law, int preemption from their Muslim goblished is that even where preemption, hority from the customs and usages of
3ultatif de Jurisprudence Indienne (Pondicherry
yabji, Muhammadan Law, 3rd. edin. (Bombay,
C. Balasingham, Laws of Ceylon, I (1929), 163-7, C. 11, 14.
108

Page 22
PREEMPTION IN
the people, it is presumed to be found ammadan law on that subject, unl the authority on Islamic law in India days, says 14 that preemption was appal time of the Mughal rulers. Neverthele on the theory of the Islamic origin of times. The Supreme Court of India i dhar 15 has said that so far as Berar is con emption exists as part of the lex loci by madan legal origin of preemption does II base their doubts upon the differences v requirements and other provisions oft a theory of their own, based upon migr
Thus we arrive at the position tha Islamic law is useful to supply the defici emption, and this is regularly done in I. of Islamic origin. This disposes of the Parupathy, 16 a Ceylon case which relie preemption in Jaffna was due to early Mahomedans (of which there is no trace (i.e. Tamils) who had themselves com c India. These alternative explanations do
But does Hindu law supply informal article in the Jubilee Number of the A writer, confining his attention to India, blems that had arisen in Ceylon, showed on preemption to be found in Hindu la must clarify the question as to what is H
this.
The phrase "Hindu law does not mary law that is part of the lex loci (as : which Hindu legal texts refer. It means
| lab. At p. 666, sec. 523(8). 5. AIR 960 S.C. 1368.
16. (1945) 46 N.L.R. 162, 163. Dr. Tambia) of this approach.
17. Gobind Dayal v. Inayatullah (1885) I.L.R. | 17a. XXV, 1961, 13-27.
109

TESAWALAMAI
ed on, and co-extensive with, the 'ss the contrary is shown. Tyabji, who is usually consulted first these ently unknown in India before the is judicial doubts have been thrown preemption in India in very recent ) Radhakishan Laxminarayan v. Shri— Cerned (a typical region where precustom) the theory of the Muhamot seem to be well founded. They thich appear between shafa and the he local custom, and they advance ations of peoples.
t although in practice reference to encies in customary systems of preindia, in fact the system itself is not : theory advanced in Karthigesu v. s on an Allahabad decision, 17 that I occupation of North Ceylon by worthy of mention) or by Malabars e under Mahomedan influence in not stand a moment's examination.
tion about preemption? In a recent dyar Library Bulletin 17 the present and without reference to the prothat there is plenty of information w texts. Before we examine it we indu law itself in such a context as
mean Hindu customary law, custoin the Punjab) or customary law to the law contained in and laid down
I has repeatedly shown the implausibility
7 All. 775 FB.

Page 23
UNIVERSITY OF
by the dharmasastra. That law as : by the British-Indian judiciary is C. system, based on the Codes and the Hindu law'. We shall see presen own adventures with preemption confused picture left by the Angle vides for preemption in smriti-tex Brihaspati, Katyāyana, and the les Bharadvaja. The two great eastVaradaraja in his Vyavahara-mirna author of the Saraswati-vilasa, 18 car vide a picture of preemption in pr correspond, 19 but it is beyond ques apply these texts to situations deve a considerable section of the M. emption.20. It does not follow th it, giving rise to a suspicion that t took some of its colour from shay probably not a South Indian work, article.
One may ask, why were thes is that no opportunity arose for the in Anglo-Hindu law, because (i) (ii) they did not refer to Hindu per the scope laid down in the Presid laws; (iii) even for Muslims, where under justice, equity and good con to entertain the topic, and ruled the the law which that Court should background more than adequately
18. On these digests see P. V. Kane, H.
19. The passages appear at Vyavahdiraand Krishna Aiyangar, (Adyar, 1942), pp. parudramahadeva. . . ..., Vyavaharakanda, following.
20. This passage is cited by H. W. Mi mudan Law. . . (Calcutta, 1825) at pp. x nanda Bharati, (Madras, 1929), XII, 107
2l. Ibrahim Saib v. Muni Mir Udin S where Holloway, J., employed his extens of Indian litigants. See also Bhim. Rao

CEYLON REVIEW
administered, or distorted, or developed, alled "Anglo-Hindu law'. The current Constitution of India, is called "Modern tly that Modern Hindu law has had its which make a curious sequel to the very -Hindu system. Hindu law itself proits attributed to the front-rank authors is important authors Vishnu, Vyasa and coast legal writers of the middle ages, ya (otherwise Varadarājīyam), and the efully cite these authors in order to proactice. Their citations do not exactly tion that they intended their readers to loping in actual practice. There is also ahanirvana-fantra which deals with pree Shritis, and has a practical air about he customary law, which it incorporates, a. Because the Mahanirvana-tantra was we can neglect it for the purpose of this
e facts not known before ? The truth siuriti-texts to be considered and applied
sonal law and so would not come within 2ncy Towns for application of personal the matter was referred to in the mufassil science, the Madras High Court refused I subject of shafa to be incompatible with administer.21 This most unpromising accounts for our ignorance. No High
istory of Dharmascistra, vol. 1 (index).
virmaya of Varadaràja, ed. Rangaswami Aiyangar, 355 and following: Sarasvativilasa of Sri Prata2d R. Shama, Sastry (Mysore, 1927), pp. 322 and
cnaghten, Principles and Precedents of Moohumvii-xix. See Maháinirvänatantram, ed. Harihara
Il 12, pp. 390-3.
aib (1870) 6 Mad. H.C.R. 26. This was a case
they did not appear in translated texts;
ive knowledge of Civil Law to the disadvantage
7. Patilbua (below, n. 32).
110
ܢܠ

Page 24
PREEMPTION IN
Court other than that of Madras would Saswati-pilasa or the Varadarajiyam.
One may further ask, is there reas were capable of being consulted in (i) they are prima facie applicable as re upon an exactly equal basis with the fact that the Saraswati-pilasa is later thia not being relevant as the author relie those migrations; (ii) the evidence t emption, independently of the Hindul proof that the rules found in the texts practice that is essential to a claim tha in such contexts. We should perhaps best examples come from Goa, where by Muslim overlordship, was in full vig with it-for they, like many Indian unwarrantable restriction on the freed Moreover, there is curious material whi as rules of preemption in the Arthasastr of somewhat equivocal authority on me is open to doubt, but most authorities --with Asoka. However, we cannot clai as evidence of actual usage amongst H unquestioned value, and this particular we must use in some other places. It is Kautilya, but that does not make him a tanto on Anglo-Hindu law which, as v gether. However, no one has given a which seem to deal with preemption, a are worth as evidence of the public's de to take place unless "near persons (to 1 a right to preempt. We shall return Kautilya was still read and worked ovel ages is forthcoming, because some con Tamil or Andhra provenance. More
22. See J. H. de Cunha Rivara, Brados à Fa da India (Nova Goa, 1870), p. 46.
23. See n. 28 below. U. C. Sarkar, Epochs *р, 87, 206.
s 111

TESAWALA MAI
I even think of consulting either the
on to believe that those two digests Ceylon : The answer is twofold: sidual textbooks for Ceylon Tamils famils of, say, Madura District, the h the great migrations to Jaffna, etc., s on ancient Shritis long antedating that Hindus actually practised preaw itself, is overwhelming, and it is actually represent a living system of t textbook law should be consulted look at this evidence briefly. Our the practice of Hindus, untouched our22 until the Portuguese tampered judges, thought the institution an dom uti vel abuti eo, quod est tuum. ch Professor U. C. Sarkar recognised 1 of Kautilya.23 Now that work is utters of jurisprudence. Its antiquity regard it as genuinely contemporary m it as a source on Hindu law. Yet, indus at that remote epoch, it is of context does not call for the caution true that the courts occasionally cite un authority on Hindu law, only pro ve have seen, is another matter altony kind of authority to the passages hd we must take them for what they termination to allow no sales of land paraphrase the position) first neglect to this source later. Evidence that in Madras Presidency in the middle nmentaries on the Arthasastra are of over there is ample evidence that in
'Or das Commmmmunidades das Aldeas do Estado
in Hindu Legal History (Hoshiarpur, 1958),

Page 25
UNIVERSITY OF
Kerala formerly, as in the Malabar in Hindu law texts as ‘creditors) ha rities cited in Narayana Menoki v. K
To proceed: given that the H. residual law on preemption under t Fundamental propositions do indee need. We see at a glance that the respects. The Hindu notion is, brie his land he should offer it first to relat who are co-sharers in certain rights o who are not such co-sharers, then t villagers to creditors before others. are amongst the favoured classes, (e.g. as a remoter relation but a neig in the order of priority emerge. Th and that no transfer of land is valid villagers have been summoned to att by the proposed transferee. If the s. or without the proper invitations C are matah, literally "to be respected, overlooked, have a number of days, their distance and circumstances, ir substitute themselves, if they insist, matāh give their consent, or indicat run out against them, the provisional and not before. The concept of r actions on various grounds, is ancier hard, as anyone can see who reads :
In this particular problem of th only when he is able as well as ready law is not explicit. One must der principles. Because a period of ti (or claim) must be made by the pr proposed to preempt, be he an adult can give notice of his objection tC from a lender, and come forward the Hindu texts that a relation, etc.
23a. [1961] Ker. L.T. 809.

CEYLON REVIEW
Districts nowadays, ottidars (referred to i a right of preemption: see the authé)- arthiayani.23
indu law ought to be consulted as the he Tesawalamai, what can it teach us? d emerge, which are exactly what we concept of shafa is different in many fly, that when an owner proposes to sell ions, in order of nearness, to neighbours way or water, then to neighbours who fellow-villagers, and amongst fellowWhere persons claiming to preempt out some can claim under two heads hbour) intermediate groups of claimants e notion is that this offer must be made, until relations, neighbours and fellowend a ceremony at which seisin is taken ale is carried out without the ceremony, ir summons being sent out, those who and whose rights to preempt have been or weeks, or months, depending upon
which they may upset the sale, and - for the provisional transferee. If the e Consent by silence, or allow time to transferee becomes an actual transferee, esiling from sales, and upsetting transit in India as well as in Ceylon, and dies 1 volume of the Indian Law Reports.
e alleged right of the preemptor to sue and willing to pay the price, the Hindu ive the law from a consideration of its me is allowed within which a protest 'emptor, it is evident that anyone who or a minor acting through his guardian,
the transfer, raise money if necessary in the period allowed. It is implicit in who stops a sale on the ground of his
112

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PREEMPTION IN
right to dispute the alienation to a stran This is a point which has led to the deca those mentioned. Because he can satisf actually to purchase there and then, an owner upon tendering the price would upon. In practice the relations might c especially where he only wanted to pa he was not likely to live long and the
by succession. However, as the Sout apparently intend, there is no substant stop a sale on tender of adequate consic and insist upon purchasing the property
The upshot of this discussion is th emptor must, in order to stop the sale to fied purchaser, tender a consideration su and that in nine cases out often this is e. sing his right to preferential purchase o sequently it is by no means necessary ti transfer the consent of the preemptor does not have the cash available. If h
cash within the period of time allow
ferential purchase, his rights are at an er
The Hindu texts have not been require agreed translations from the Sa the passages below as his own attempts
Vyasa: "Relations, neighbours, c. causes of purchase'. Amongst them th in the sale, and foremost are the sapin degrees). Where neighbours on foul preferred, then he on the West, the No the South. Those who share water con contiguous. Then come bandhavali connexions) and after them their conti broken by streams, springs, paths and t
24. After this passage, at p, 356 of the Var which are omitted in three manuscripts, and w
113
 

TESAWALAMAI
er, must satisfy the owner himself. of the subject in digests other than him in other ways than by offering bsolute right to purchase from the not entirely accurately be insisted use the owner to postpone his sale, his debts, and particularly where state might come to the objectors Indian digests referred to above al difference between the right to eration and the right to stop a sale in question.
at under the Hindu system a pre
the proposed stranger or less qualifficient to cause the owner to desist, Juivalent to the preemptor's exerciver the proposed transferee. Conhat at the moment of the proposed must be dispensed with because he e does not come forward with the
:d for exercising the right of preld.
translated anywhere. Parties will nskrit, but the present writer offers to give the sense of the originals.
reditors are in order possessed of a nearer are matah (to be respected) las (agnates Within seven inclusive sides compete, he on the East is rth, and in the absence of all others, le next, then those who are (merely) a remoter relations, or partners, guous neighbours. And this is not he like.''24
dardjiyam (cited above), occur three lines ich are not essential for our purpose.

Page 27
UNIVERSITY OF
Bharadwaja: "Relations, neigh land'. Thereafter members of the absence of all, members of another
Brihaspati: 'Fullbrothers, sapi members of the same gotra (agnatic villagers: these seven are matah in a
Vyasa: "The period of resilin purchaser and seller. It is twelve the sale is absolute (avichalyan). grace), and we learn that creditor who have this same period, are unc
Paicadhyayi:26 "Relations, in the same period (of grace) when it them have a ten-day period, etc., a selves. That field will go to the by the seller is inadequate. 27
Elsewhere: "Those that have E are prominently situated (2 or sh entitled to complain (or 'impugn th on the next day.” (Varadarāja cor who are entitled to be present, mu mediately after the proposal has co next day: the period often days foi transaction).
Brihaspati: "A purchase of in of the relations, etc., otherwise the may even be liable to a penalty.”
25. On Sandinodaikas see any work on t agnates removed from the common ances
26. This work, cited twice in the Varad writer has not found any reference to it ir person knows more about Hindu law). throw on the matter. But Varadaraja cite
27. The last sentence, the meaning of view of our lack of knowledge of the met from two manuscripts (Varad., p. 357).

CEYLON REVIEW
bours, creditors in order are 'takers of same kula (agnatic lineage), and in the family (i.e. 'cognates, says Varadaraja).
guidas, sharers of water (i.e. sannānodakas 25), : lineage), neighbours, creditors, fellow
sale of land.
g in the case of land is ten days both for lays in the case of sapindas. After that, Neighbours have the same period (of s have the same period. And sapindas, terstood to be matah in purchase.
righbours, creditors are learnt to have (the intended sale) is known. For all of ld so have the purchaser and seller themrelative, etc., where the price accepted
been mentioned as 'suitable in a purchase own honour) in a sale. They are nota e transaction) if they let the matter pass, nments, these relations, neighbours, etc., st release their rights or assert them imme to their knowledge, and not on the r resiling is reserved to the parties to the
movables is valid only with the consent are is no purchase at all, and the parties (Varadaraja comments that this applies
he Hindu law of intestate succession. They are tor from eight to fourteen degrees inclusive. ardjiyam, is not at all well-known. The present the works of P. V. Kane (than whom no living Rangaswami Aiyangar himself had no light to s the work, and that is what matters.
which cannot be established with certainty in ihod of price-fixing in ancient times, is omitted
114

Page 28
PREEMPTION IN
only where relations, etc., are in the V. botirs, and creditors are absent from the they have no right of protest when thre purchase.” (Varadaraja adds that this
vicinity, and likewise what follows. . .)
Katyayana: "In one's own village fortnights; but in another kingdom six even a year.'27'
Passing over other Smriti-texts to V dwaja: "A sale of land to creditors in : in cases where the fellow-villagers have
indebted.
In conclusion we may sum up the may be the position with some chapters ( recourse must be had to Hindu law as spirit and outlook of the institution as kn is forthcoming, it is permissible to have on preemption, which owes something one consults the customary law it is bet all his antiquity) rather than to the cus Punjab:29 but in all cases direct consult or Islamic law is deprecated.
The Privy Council note that preemp This is undoubtedly correct, not only for law. In India it is accepted that any cou
27a. The similarity of this to the provisions of
28. The text is printed in the Trivandrum ed is there numbered 6l. In Shama, Sastry's edin. Bk. III, ch. ix. In his translation (which conta in 1929 it appears on pp. 190-l. The passage may neighbours and creditors may take (or preempt) them. At a public meeting the land, etc., is adv third proclamation, if no one objects, the propos If by competition the price is enhanced the incl the Treasury. A person lodging a protest agains test is made to one not the owner (or is not mac fine of 24.p. is payable. The owner in receipt of does not put in an appearance within seven nig and under a protest, is transferred through defau of 200p. In other cases of transfer pending a pr On which see Rattigan's Digest; also Agra .(ر 30, 1961 2 W.L.R. 813, 820, citing Tyabji, p.
115

ESAWALAMAL
inity.) "Where relations, neighsillage at the time of the purchase,
fortnights have elapsed since the pplies where they are not in the
en nights; in another village three nonths; and if the languages differ
}ry similar effects, we note Bharanother village is not valid, except no means, or (they themselves) are
discussion as follows:— whatever fTesawalamai law, in preemption
the residual law. If from the own to the dharmasastra no answer recourse to the Anglo-Hindu law to Islamic law at second hand. If ter to look at Kautilya first2o (for tomary law of, for example, the ation of either the Roman-Dutch
tion is not regarded with favour.30 Islamic law but also for customary rse which would defeat a right to
Tesa Walamai is evident. n. (pt. 2, 1924) at pp. 5 l-2. The section the passage is at the commencement of ins many errors) published from Mysore be paraphrased as follows:- Relations, at sales, outsiders coming in only after rtised for sale at a stated price; after the *d purchaser may purchase the property. base above the announced price goes to 5 the sale must pay a fee. Where a pro2 to the owner as it should have been) a l, protest may sell if the protesting party hts. If property subject to preemption, t of the owner, the latter must pay a fine test the fine is 24 p. vala’s work on the Law of Preemption.
725.

Page 29
UNIVERSITY OF
preempt is legal and will not be h High Courts, apparently wrongly, gether by appeals to Art. 15 and theless the better view is that the in front of it,33 as the Supreme Court show.34 Under the Tesawalamai
at all. Mere proposal to transfer i the Islamic system) and failure to g better view seems to be that now
emption is a right in property (thou lex vigilantibus subvenit. As long a in the period allowed by law, the co theories about "unjustifiable fetters And Parliament has recently create of those who inherit shares in busi which, as it happens, is bound to Islamic law, since the right arises v
by gift.36
31. Radhakrishan (cited above), AIR 19
32. See Panch, Gujar Gaur Brahm ins V. other cases cited and discussed in Bhinn, R L.R. 574. Also Mulla Haji v. Pandit La
33. See case last cited.
34. Shri Audh, Behari Singh. v. Gajadh Singh, AIR 1958 S.C. 838; Radhakshan, Ram Saran v. Mst. Domina AIR 1961 S.C
35. Shri Audh Behari Singh (cited abo 36. Hindu Succession Act, 1956, s. 22. * Reader in Oriental Laws in the Unive

CEYLON REVIEW
indered by the court. In India many have attempted to kill preemption altoArt. 19 of the Constitution.32 Neverstitution lives on, and has a useful life in 's frequent investigations of preemption many of these objections do not apply S enough to give rise to protest (unlike ive notice is itself a cause of action. A adopted in India, 35 that a right of pregh not capable of transference) and that is the preemptor takes the proper steps urt will uphold his right notwithstanding upon the free disposition of property. d a new right of preemption in favour nesses and immovable property, a right develop somewhat differently from the when the sharer proposes to transfer, e.g.
J. DUNCAN M. DERRETT
60 S.C. 1368, 1372a.
Amar Singh, AIR 1954 Rajasthan 100 FB; and ao Eknath v. Patilbua. Rankisan, (1959) 62. Bom.
minarayan AIR 1961. Mad. Pr. 311.
air (1955) I S.C.R. 70; Bishan. Singh v. Khazan, (cited above) AIR 1960 S.C. 1368. Now see also 3. 747. ve).
ܐ ܐ
rsity of London.
116

Page 30
Nasalization in the
Spoken S.
HE choice of the Verbal En abstraction made of the verb as st outlined in my Verbal Catego delimitation of the material to the verba and grammar by exhibiting certain pho matical abstraction set up as ending. this statement is a result of examining making phonetic observations, I shall a as a whole. The delimination is in gra logy, but not in the phonic data.
Verbal endings are either C-initial or disylabic in structure. Altogether ei are stated for the endings in Colloquia examples quoted, the sections in transcri structures are italicized for convenience (
--
C-initial Monosyllabic -CV kати -CVO2 katot Disyllabic -CVo4 kanƏva
—CVCCo5 kaapal
All these endings are statable as nas notations in- and n- respectively. n- ; ending as a whole. In this paper I pro corresponding to the stating of this twothe verbal endings in Sinhalese.
1. See U.C.R., Vol. 18, Nos. 3 and 4, 1960.
2. For Q as an element of structure, See my S July-October, 1959, pp. 112 ff.
3. For the treatment of v as a prosodic feature, pp. 109-10.
4. For 3 as an element of structure, see my Sylla 5. For italicization of CC, see my o Verbal Cat 6. For has a prosodic feature, see my Syllabl
117

Verbal Endings in
Inhalese
lings presupposes the threefold em, junction and ending, which was ries in Spoken Sinhalese. The | endings is to correlate phonology nological exponents of the gram
It does not, however, imply that the segment in question only ; in ways fall back upon the utterance mmar and consequently in phono
or non-C-initial, and monosyllabic ght different generalized structures 1 Sinhalese verbal forms. (In the ption corresponding to the ending of reference).
Non-C-initial
—V kai
-VQ kaeaevot3
—Vo kæævaave la —VCCo kaahalla6
alized and non-nasalized, using the nd f- are, then, prosodies of the pose to discuss the phonetic criteria erm prosodic feature characterizing
yllable Structure in Spoken Sinhalese, U.C.R,
be my 'Syllable Structure in Spoken Sinhalese,'
ble Structure in Spoken Sinhalese,” p. 106. gories in Spoken Sinhalese," p. : Structure in Spoken Sinhalese, pp. 115-16.

Page 31
UNIVERSITY OF
Where n- is stated as a proso throughout or for the greater part. ending, all articulations are nonkapannan, kapƏpan and kæpunot are and kaepuvaave, are in-prosodic.
It is only for the endings which that is -CV, -VQ, -CVCR an system of n- and in- has to be state involve vocalic and semi-vocalic a or for those which involve long Co. and-VCCo, it is not necessary to
The eight ending structures giv form with reference to the n- and
Endings for which t
Disylla Endings involving MonOS Simple consonantal articulations
Endings for which the
Endings involving long consonantal articulations Endings involving vocalic and semi-vocalic articulations only
In stating the phonetic criteri first discuss the endings for which t and those for which that distinction

CEYLON REVIEW
ly of the ending, nasality is observable
Where ñ- is stated as a prosody of the nasal. Thus, the endings in kaponava, n-prosodic, and the endings in kapoptya
involve simple consonantal articulations, d -CVo, that the two-term prosodic 2d side by side. For the endings which rticulations only, that is -V and -Vo, insonantal articulations, that is -CVCCo
make this two-term distinction.
en above may now be stated in tabulated ī- prosodies.
he n-in- distinction is stated
n- endings in-endings
bic a) –nCVo - CVo - yllabic –nCV –õCV
–nСVO –ћCVO S b) —nոCVQ -nnCVCR c) -nVCR -nVCR
n-i- distinction is not stated.
Disyllabic —VCCo
U-CVCCo Disyllabic —Vo
U Monosyllabic —V
a for making this classification, I shall he n-in- distinction is stated side by side, is not stated afterwards. ܂ ܢ ܠ
118

Page 32
NASALIZATION IN S
Endings for which the n- n-distinction is . In section (a) of the Table, the n-CV and -CVCR all of which are C
-nCVo 5/ —ñC -nCV =A2 —ñC –nСVO ZA – FC
Where the endings are stated as in nCVCR, all articulations concerned are the endings are stated as in- prosodic, articulations concerned are characterize
These phonetic criteria will now reference to some kymograms made f The generalized ending structures of These kymograms are typical of m SC1tenCeS.
The following kymograms are cite
1. adinavia - -1. 2. ædunaave -1.
్కూ 3. aedəpiyə lif 4. ædiccaave if
These kymograms provide simul tracings.
It will be seen that all kymogram tracing at some place or other. But in increase in amplitude at the place mar wave-forms till the end of the tracing.
The prominent wave-forms to th 1 and 2 correlate with the stating of nand aedunaave, and correspond to the lov passage of air through the nasal cavity d The absence of prominent wave-forms lates with the stating of n-prosody for and correspond to the raising of the passage of air through the nasal cavity i
119

POKEN SINHALIESE
tated:
in- distinction is stated for -CV3, initial. Thus
Vo. V VQ.
- prosodic, that is, nCVa, nCV and characterized by nasality. Where that is, iCVo, nCV and nGVCR, all
by absence of nasality.
be discussed in greater detail with r some one-word verbal sentences. the verbal forms chosen are CVo. y pronunciation of the respective
d :
CV ICVo iCVə iCVə
taneous nose (N) and mouth (M)
s show some disturbance in the N 1 and 2 these disturbances begin to Ked X, and continuo as prominent
This does not happen in 3 and 4.
: right of x in the N tracings of prosody for the endings in adinava vering of the soft palate and regular uring all articulations in the ending. in the N tracings of 3 and 4 correhe endings in adapiya and aediccaave, soft palate and absence of regular
the articulations concerned.

Page 33
UNIVERSITY OF
oare evropæ ở
*
-eaewopa 1

CEYLON REVIEW
əaereooņPæ y
“....w广—w!”!“
e/odepæ ?
120

Page 34
z܌
NASALIZATION IN S
Going over to section (b) of the Tal structure of the two endings concern and the other as ni-. Both fall with in- is that the initial articulation of th articulations are nasal. The implicatic is non-nasal, but the other articulation with a -in CVO ending structure is aed with a- nicVQ ending structure. may be contrasted with the -incVQ a (a) of the Table, and discussed above.
Altogether, then, there are three generized structure is —CVQ, viz.,
(i) – nСVO (ii) —ñnCVQ (iii) — niñCVQ.
I propose to discuss the phonetic three types of n-endings with referenc
state the criteria distinguishing -finCV and then criteria distinguishing -niC
Phonetic criteria for distinguishing betwee,
The following kymograms are cit 1.adinnam | - 2. aedoplasm -
See Figure 2. These kymograms provide simulta
As a convenient point of reference chosen the first prominent wave-form M tracings. From this point a vertic It will be seen that in both kymogram minent wave-forms in the M tracings
corresponds to the last intermediate ar
the pronunciation of these sentences. alveolar for adinna) (1), and bilabial are the initial articulations of the endin
7. The long alveolar nasal in adinnan COrfe
feature which will not be discussed in this paper.
12

POKEN SINHALESE
ble, it will be seen that the generalized ed is -CVCR. One is stated as inin n- prosody. The implication of le ending is non-nasal, but the other n of ni- is that the final articulation is are nasal. An example of a word pay. adunot is an example of a word -inCVO and -niiCVO endings nd -hCVCR endings given in section
: types of nasalized endings whose
criteria distinguishing between these ce to some kymograms. I shall first /Q endings from -nCVO endings, VQ endings from -nCVCR endings.
n -finCVQ and -nCVQ endings : ed in discussing these :
nСVO. finCVQ.
Ineous N and M tracings.
common to both kymograms I have of the last set of wave-forms in the al line X is drawn to the N tracing. s there is a period of absence of proimmediately to the left of X. This ticulation involving oral closure in This last intermediate oral closure is for adapa) (2). These articulations gs in these words.7
sponds to the prosody of gemination as a junction

Page 35
UNIVERSITY OF
i
s
鲨

CEYLON REVIEW
a.)
어zအ4mာ်?).၉
wedepse zo
释
122

Page 36
NASALIZATION IN Sl
In kymogram 1 there are promir immediately to the left of x, parallel minent wave-forms in the M tracing. continue till the end of the tracing. Th ending of adinna) as -nCVQ, and coi all articulations in the ending.
In kymogram 2 there are no prom immediately to the left of X parallel minent wave-forms in the M tracing. forms in the N tracing to the right of correlates with the stating of the ending responds to the beginning of nasality a plosive articulation of the ending and n
Phonetic criteria for distinguishing between The following kymograms are cite
1. adinnan -ll 2. ædunot lini
See Figure 3. These kymograms provide simultai
As a convenient point of reference c chosen the last prominent wave-form in a vertical line X is drawn to the N trac
It will be seen that in kymogram in the N tracing to the right of X as w gram 2 there are prominent wave-form but not to the right of X.
The prominent wave-forms both N tracing of kymogram 1 correlate with as -"CVO, and correspond to the pres concerned. The presence of prominent N tracing, but not to the right of X i. stating of the ending of aedunot as-nnCV of nasality in the ending articulations p.
123

POKEN SINHALESE
ent wave-forms in the N tracing with the period of absence of proThe wave-forms in the N tracing his correlates with the stating of the responds to nasality characterizing
inent wave-forms in the N tracing with the period of absence of proBut there are prominent wavex till the end of the tracing. This of adapa) as -finCVO, and corlong with the release of the initial ot before.
-niCVQ and -nCVQ endings : d in discussing these :
СVO. iCVQ.
neous N and M tracings.
ommon to both kymograms I have the M tracing. From this point
1 there are prominent wave-forms rell as to the left of X. In kymoin the N tracing to the left of X,
to the left and right of X in the the stating of the ending of adinna) ence of nasality in the articulations wave-forms to the left of X in the in kymogram 2 correlates with the Q, and corresponds to the presence receding the final dental stop only.

Page 37
O
UNIVERSITY
wewunpe 1
X
*—主—主—yų
N\

FR CEYLON REVIEW
%
Øozanos,
ooumpae z
「きーさしと
124

Page 38
NASALIZATION IN S
Going over to section (c) of the T. Vsinitialendings from the C-initial en
Where the ending is stated as -nV articulations of the ending are character is stated as -nVCR, the final consonant nasal, but the vocalic articulation conc ized by nasality, depending upon th stem-final consonant is nasal, the vocalic ized by nasality; if not, it is non-nasal,
The following kymogram is cited both vocalic and consonantal articulatic
1. ædiyah --1-س
See Figure 4.
This kymogram provides simultan
As a convenient point of referenc the last prominent wave-form in the M
cline X is drawn to the N tracing. The
N tracing both to the left and to the r. N tracing to the right of X parallel w forms to the right of X in the M tra final consonantal articulation involving the N tracing correspond to nasality cl concerned. These characteristics in stating of the ending of aediya) as -n the vocalic and the consonantal articul It is to be noted that nasality starts w
stop, d.
The following kymograms are cite characterizing the final consonantal a -nVQ. They will also be employed lation of the ending is characterized b
is a nasal unit, and non-nasal everywhe
12:
 

POKEN SINHALIESE
ble now, we are also going over to lings so far discussed.
Q, both the vocalic and consonantal zed by nasality. Where the ending al articulation of the ending is nonErned may or may not be charactere stem-final features : where, the articulation in question is character
to illustrate nasality characterizing ns of the endings stated as -nVQ :
IVQ.
eous N and M tracings.
be in this kymogram I have chosen tracing. From this point a vertical are are prominent wave-forms in the ight of X. The wave-forms in the ith the absence of prominent wavecing correspond to nasality in the oral closure. The wave-forms in haracterizing the vocalic articulation his kymogram correlate with the VQ, with the implication that both ations are characterized by nasality. ith the release of the voiced dental
d to illustrate the absence of nasality rticulation of the endings stated as to illustrate that the vocalic articunasality where the stem-final-C re else.

Page 39
UNIVERSITY OF

威 > 丑 s^ Z § 丑 Q
126

Page 40
NASALIZATION IN SP
1. ebulvot —inVQ (stem-fiı - 2. aenu vot —inVQ (stem-fir
See Figure 5.
These kymograms provide simultan
As a convenient point of reference C chosen the last prominent wave-form in a vertical line X is drawn to the N traci no prominent wave-forms to the right o'
The wave-forms to the left of X in correspond to the vocalic and semi-vocal stop articulation of the ending. The sec ponding to the final stop articulations fa be delimited any further as the stop arti some change in the contour. The abse the right of X in the N tracing corre during the final stop articulation.
It will be seen that in the kymogral which word is not a nasal unit, there are left of x in the N tracing. In the ky stem-final -C of which is a nasal unit, to the left of x in the N tracing. Thes correspond to the absence of nasality in th in ebuvot, and the presence of nasality ending in aenu vot.
These two words are good illustrat phonetic observations, the whole uttera The presence or absence of nasality in the is dependent on the structure of the who
Having stated the phonetic implica racterizing -CVo, —CV, -CVO and over to those endings for which n- and are-VCCo, -Vo, and V. Where there they always have a nasal unit as the s hay be referred to as sympathetic nasaliza
127

OKEN SINHALIESE
al-C is a plosive unit). al-C is a nasal unit).
eous N and M tracings.
ommon to both kymograms I have the M tracing. From this point ng. In both kymograms there are
X in the N tracings.
the M tracing of these kymograms ic articulations preceding the final rtions in these kymograms corresl to the right of X which cannot culation is not released providing nce of prominent Wave-forms to sponds to the absence of nasality
n of ebulot, the stem-final -C of : no prominent wave-forms to the mogram of aenu vot, however, the
there are prominent wave-forms e characteristics in the kymograms e vocalic articulation of the ending in the vocalic articulation of the
ions of the point that, in making nce must be taken into account. : vocalic articulation of the ending e word.
ions of n- and n- prosodies cha-VQ endings, we may now go i- distinction is not stated. They is any nasalization in these endings tem-final—C. Such nasalizations fion.

Page 41
UNIVERSITY C
4ơanqə!

)F CEYLON REVIEW
128

Page 42
IN
NASALIZATION
ToA'n'Wae Z,
&AAAAA&A&AAAA
nean ez q !
12
シ،W^^^^^y*『W

SPOKEN SINHALESE
2^^®^Yn nwao -47
ae ae ae aaa 『황제편r획國확행r國道學제행제결제
9zarộng
책****행자 學, 황제행*****

Page 43
UNIVERSITY C
-CVCCo endings are alway endings, the initial vocalic articul the ending is h-prosodics and the Everywhere else it is non-nasal, e.
A further case of sympathet —V endings. Presence or absend ponding to the stating of the endir ending structure is -Vo or -V is as a whole. Where the stem-final vocalic articulations in the ending the stem-final-C is a plosive, liq vocalic articulations in the endings
The following kymograms, illustrating this point:
1. beduva CV ] 2. aenuva CV 3. beduivaa ve CV 4. ænuvaave CV
See Figure 6.
In comparing the kymograr stem-final-C of which words is aenuva (2) and etuvaave (4), the S unit, it will be seen that there a tracings of 1 and 3, whereas the tracings of 2 and 4 till the end of th able in the articulations of the ent which binds together the stem, jun It correlates with the phonological of the stem structure.
So far as these characteristics are different from C- initial end n- or ii- irrespective of the stem f stated as n- or n-, but the correspo depending upon the structure of aenuva and anuvaave is a character 1not necessary to Set up a tWO-term for the observable phonetic differe
1 8: See my 'Syllable Structure in Spoker

)F CEYLON REVIEW
s non-nasal, e.g., kapopalla. In –VCCo tion is nasal where the initial syllable of stem-final-C is a nasal unit, e.g. aeniyalla. g... kapohalla, aenohalla.
ic nasalization is observed in -Vo and Je of nasality in the articulations corresg structures in words whose generalized : dependent on the structure of the word -C is a nasal unit, the vocalic and semigs are characterized by nasality. Where lid or sibilant unit, the vocalic and semi
are non-nasal.
providing N and M tracings, are cited in
Plosive-stem + - V ending. Nasal-stem + - V ending. Plosive-stem + - Vo ending. Nasal-stem + - Vo ending.
ns of beduva (1) and beduvaave (3), the a plosive unit, with the kymograms ၃f. tem-final-C of which words is a nasal re no prominent wave-forms in the N re are prominent wave-forms in the N e tracings. The nasality which is observlings of cenuva and aenu vaave is a feature ction and ending as one utterance whole. statement of masal as the final C element
are concerned, -V and -Vo endings ings. C- initial endings were stated as eatures ; -V and -Vo endings are not inding articulations are nasal or non-nasal the word as a whole. As nasality in istic of the verbal form as a whole, it is prosodic system for the ending to account 1ᏁᏟᏣᏚ.
M. W. S. de SILVA
Sinhalese,” pp. 107-8.
130

Page 44
A Study of the Karttil
in the Epics an
had once existed as an independent
no recorded evidence about it availa Karttikeya is prominently mentioned in but, there, as well as in the Puranas, he Siva and as an ancillary deity in the Siv Puranic Saivism, which is best reflected considers Skanda-worship as on of its i be shown in the sequel, Karttikeya has religious ideology of South India.
I may be presumed that the cult of
The Epics and the Puranas present e account of the birth of Karttikeya. The is, however, this: The gods were repeat the leadership of Taraka. They, there sought his help in the matter of overco *hat it was the son to be born to Siva and of destroying the demon-chief. It was, to bring about the marriage of Siva and urged by the gods, undertook to bring under the spell of love and thereby gethin at being disturbed in his samadhi, the grea the latter's mission was successful and the rialise. The son for whom the gods we born to the divine couple. This is the g birth of Karttikeya. This episode, whic seems to suggest in clear terms that Kartti of Uma. And yet everywhere he claii who received the retas of Siva, carried
l. Sukumar Sen suggests (Indo Iranica, 4, I 135, is the prototype of post-Vedic Kumara and 2. In this respect, he is to be contrasted w. Epics. r
3. There is hardly any Saiva temple of imp
signed, in its system of worship, a significant pla as well.
131

eya-cult as reflected
the Puranas
Karttikeya or the Kaumara-cult religious cult. Though there is ble in the Epics and the Purāņas, he Ramayana and the Mahabharata,2 is often represented as the son of a-religion. Šaivism, especially the in the temple-cult of the South, integral parts.3 However, as will his own special importance in the
laborate but diverse versions of the common motif in all these accounts edly harassed by the demons, under fore, complained to Brahma and ming Taraka. Brahma told them Uma, who alone would be capable accordingly, necessary for the gods Uma. Madana, the god of love, Siva, who was engaged in samādhi mattracted towards Uma. Enraged tgod burnt Madana to ashes. But a union of Siva and Uma did matere so anxiously waiting was at last general outline of the legend of the h frequently occurs in the Puranas, keya was not born from the womb ns to be the son of Uma. Agni, it about for sometime. But soon
. 27) that Kumara mentioned in RV. X.
a counterpart of Iranian Sraosa. th. Ganesa, who figures but rarely in the
rtance in South India, which has not asce to Kārt tikeya. This applies to Gaņeša

Page 45
UNIVERSITY OF
being unable to bear that lustrous b the Ganges at a spot overgrown wit The six Kirttikas appeared on the nurtured it with great care. In cou came to that spot, embraced the ch the Puranas also tell us how Uma as a result of this, she could not Suci account of this fact, the goddess car
According to another version, Umā, but of Agni and Svāhā.6 Ho with Siva, and Svaha with Uma.7 story about the birth of Karttikeya rately, having been ultimately joine
A reference may be made at t Purana, which compares the birth o from the aranis.* An allegorical i1 is given in another Purana. Visnu Umā, who is no other than Šri, is was produced Aharinkara, and this at the time for the birth of such a g to command the army of gods.9 and Visnu were born respectively suggesting the identity of Karttikey
The Epics and the Puranas pre twelve arms. At one place, he is six forms, with a view to satisfying each one of whom herself wanted god is said to have assumed four purposes. As Kumara, he brought the sole delight of Uma. To Kuti
Skanda, P. I. 2. 29. Skaņda, P. II, 3. 2, 2I. MBh. III. 220. Ibid., II, 217. 5. Matsya P. l54, 52-53.
Vardha, P. 25. - 43. 10. SkCanda, P. I. 3. 2. 7. 11. IMBh. III. 214, 1-21. 12. Brahmāņgda, P. III. 10. 40-5l.

CEYLON REVIEW
urden, he deposited it in the streams of n śara reeds. At last the child was bon. scene and breast-fed the baby. They rse of time Siva, accompanied by Uma, ld, and blessed it. 4 In this connection, was fully engaged in severe tapas, how, tle her own child, Skanda, and how, on he to be known as apitakuca.5
Karttikeya was the son not of Siva and wever, in this context, Agni is identified Yet another version tells quite a different
It speaks of six children, born sepadi into -one.
his stage to the account in the Matsyaf Karttikeya with the production of fire nterpretation of the birth of Karttikeya I who is identified with Siva is Purusa. Avyakta or Prakrti. From their union was Karttikeya. A strong need was felt god. For, a leader had to be appointed The Puranas also mention that Brahmsia as Heramba and Sadanana, 10 thereby ra with Vişņu.
sent Karttikeya as having six heads and s described to have divided himself into the maternal instinct of the six Kirttikas, to bring up the child.12 Elsewhere the different forms to serve four different great joy to Siva. As Visakha he was la (Ganga) and Agni, who too were, in
132

Page 46
A STUDY OF THE K
their own way, responsible for his birt respectively.13 The picture of the god that of the child, or sometimes of the y only a child, could destroy the demon ideology, Skanda is often worshipped as : with youth and exquisite beauty. For t an embodiment of beauty. It is in this s of comparison.14 -
The Epics and the Puranas have att of leading the army of the gods. 15 Ash. had no suitable commander to lead their fore, on the advice of Brahma, they brou The great pomp and pageantry which a god as the leader of the army are descri and Purāņas. The Mahābhārata recounts sovereignty and expressed his desire to in of gods, Skanda declined the offer, bu himself the leadership of the army. 17. It sons of Siva have been assigned more or one became ganapati, the leader of the g senapati, the commander of the gods arn
ريكية
The various Puranic accounts about shaping of the present popular concept special weapon of this god. It was b vanquished the demon Taraka.20. It wa split into two the mountain Kraufica.2 the vehicle of Skanda.22 Kukkuta also as his vehicle.23 In later mythology it
3. Vārnara P. 57. - 59. 14. Matsya P. l58. 39. 4l. 15. Vanana P. 21. 1-22; Ibid. 57. 50-102;
6. MI Bh. III. 28. 25. 7. Ibid. III. 218. 21. 18. Matsya P. 154. 544-47; Karma P. II. 19. Brahmāņda P. III. 10. 40-51. 20. Wagu P. I. 54. 24; Matsya P. 160. I-25 2I / άγγιαγιά Ρ. 58, 1-2 I. 22. Vāyu, P. I. 54. 19.
23. Wardha, P. 24. I-45; as a toy Matsya P.
133

ARTTIKEYA-CULT
h, he was Sakha and Naigameya Isually presented in the Puranas is uth. Skanda, even while he was Taraka. Based on this Puranic child, and also as a hero endowed he South Indians, he is Murukan, ense he is often cited as a standard
ibuted to Karttikeya the function is been mentioned earlier, the gods army against the demons. Thereight about the birth of Karttikeya. ccompanied the installation of this bed in detail in the Mahabharata 16 how Indra offered to renounce his stal Skanda in his place as the king t readily consented to take upon is interesting to note that both the less similar functions, as leaders1ņas and the other became devahy. 19
the god have contributed to the of the god, Skanda. Sakti is the y means of this weapon that he s, again, by means of Sakti that he 1 Mayura is often mentioned as is associated with him, sometimes was displayed as the crest on his
Slgdg. P. I, 2., 3().
43. 42.
159,4-且丑。

Page 47
UNIVERSITY O
banner. The goat also is connecte tioned in the Puranas as having b
celebrated his birth.
The various names by which features of his character and perso retas of Siva borne by Agni was dep in abundance. Karttikeya was thus came to be known as Saravanabh up by the six Kirttikas, and therefor was also called Sanmatura, because mothers. Kirttikaputra is another unable to bear the retas of Siva, c retained it and the child was ultin Skanda's other name, namely, Gang born separately, were welded toge his name Skanda.28 The god is oi therefore, known as Sanmukha,29 delight to Parvati, he is Parvatinan and Pavaki point to the part playe this god.31 Visakha is another na is Sikhivahana because he rides on armies of the gods he is Mahasena way of propitiating the god by en on account of this fact, the god r philosophical terminology means t
We come across two diametri the Puranas. One presents him as a him as a young hero married to ti
24. Brahmāņda P. III. 10. 40-5l. 25. Matsya P. 6. 27. 26. Ibd). 6. 27. 27. MBh. I. 127. 13. 28. Brahmånda P. III. 10. 40-51; Rå 29. Varāha P. 25. 44-49; Vāmana P. 30. Иауи Р. Т. 54. 20, 21. 31. MBh. I. 127. 13. 32. Matsya P. 6, 26; Ibid I59. I-3;
Visakha are his attendants. 33. Иауи Р. I. 154. 24. 34. Varāha, P. 25. Il-17; Vāyu, P. I. 35. Иdтата Р. 58. 1-121. 36. Brahma, P. III. III.

CEYLON REVIEW
d with the god.24 All these are men'en presented to Skanda when the gods
Skanda is celebrated reflect the various nality as depicted in the Puranas. The osited in a pond in which Sara grass grew born in the Saravana, and he accordingly ava or Sarajanmā. 25 He was brought e, received the name of Karttikeya. He
he was nurtured by the six Kirttikas as
name of Karttikeya.26. When Agni, eposited it in the river Ganga, the river lately born out of it. This accounts for eya. 27 Because the six babies, originally ther into one (skanna), the god received ten described as having six faces, and is or Sadanana. As a continuous source of lana.30 His names Agnibhub, Pavakeya d by Agni in the matter of the birth of me which occurs in the Purana. 32. He a peacock.33 As the commander of the and Senani.34 The ascetic had his owne shrining him in his heart. Presumably ceived the name guha, which word, in he heart.35
cally opposite pictures of Karttikeya in
bachelor god, 36 while the other presents wo wives. Both the traditions are pre
тdуата, І. 37. 24-32.
57,46。
According to Vardha P. 25. 1-43, Sakha and
134

Page 48
A STUDY OF THE
valent in the country. In Mahārāşțira, as a confirmed bachelor. Even the temples is strictly prohibited. 37 AS ag. he is shown with two wives, Valli as some témples in the South where the The Siva-Purana mentions Gajavalli as and also the Great Epic describe in deta Devasena obviously represents a figuri the gods. Indra as the leader of the ge riage to Karttikeya. 39 The characteris has a Puranic background. The Brah following legend: Kumara was deeply often enjoyed the company of divine da discovered in these damsels a kind of episode fundamentally changed his attit
About Skanda, Bhandarkar has Another god whose worship was ex but is now rare, is Skanda or Karttik India is concerned, this observation is fact, it may be pointed out among t claims the largest number of devotees tworks in Tamil present to us quite a w In Tamil Karttikeya is celebrated as Mu. with exquisite beauty. Being an emboc regarded as a standard of comparison i. its equivalent in the Sanskrit name Ku this reason, as Kumārasvāmin. Anot this god in the South is Velan. This that he is a wielder of a lance. Almo, Sanskrit name Saktidhara. He is Se plexion. He is the lord of kuruici or nection, it is significant that most of the god are situated on hill tops. Curiou works speak of young girls as being p
37. Such is the rule, for instance, at the E Poornia.
38. Šiva P. Kailāsa-saihtā, 7. 40 and 64 39. Matsya P. 4. Il. 40. Brahma, P. III. ll. 4l. Bhardarkar, Vaisnavism, Saivism and N
135
 
 
 
 
 
 
 
 
 
 
 
 
 

KARTTIKEYA-CULT
for instance, Karttikeya is regarded mere appearance of women in his inst this in the temples of the South, d Devasena. There are, however, god is also depicted as a sainyasin he wife of Skanda. 38 The Puranas l Skanda's marriage with Devasena. tive personification of the army of ds, is said to have given her in maration of the god as a bachelor also la-Purana, for instance, narrates the addicted to sensual pleasures. He msels. Once, however, he suddenly resemblance of his mother. This ude towards Women in general.40
made the following observation: ensively practised in ancient times, eya.” 41 Obviously, so far as South quite unwarranted. As a matter of he Hindu gods, Karttikeya perhaps in the South. The ancient literary ealth of information about this god. rukan a name which denotes a youth liment of beauty, Murukan is always in that respect. This appellation has māra. The god is also known, for her name prominently ascribed to s a very popular name, and implies it the same is the implication of the on, which means one of red commountainous regions. In this contemples exclusively assigned to this sly enough, at times, Tamil literary ossessed by Murukan. Under such
arttikeya-temple on the Parvati hill near
inor Religious Systems, p. 150.

Page 49
UNIVERSITY OF
circumstances, the god was to be idea seems to be reflected in the ref
The Agamas and the Kumarata portrayal of Skanda, prescribed the in various poses, for the purpose O Of these the one portraying the god said to be the most significant. Pri heads and two arms, another with another with one head and two arr
SAN
The Saiņmukha image, as the faces and twelve arms. The faces the moon and thirty-two auspicious the ankles are adorned with anklets. ground. Ten out of the twelve arı šakti, šara, khadga, dhvaja, gadā, cāpa, other two hands are in the abhaya image is also shown as mounted on down, and the right one is folded u which he is mounted. The imag standing pose and both the feet are p the weapons held in the four hand arrow; the other two hands are in t image with six faces and two arms On the left is represented Devasena are featured as carrying lotuses in The other two hands of these two c down.44
A mention may be made at this which is fairly common in the Sou to the Puranic tradition. Accordin unattached to worldly life. A shav robes befitting a Satinyâsin are the S.
42. Kāraņa. III. 93. 2-5. 43. Ibid. verse 6. 44. Ibad. Verses 9-12.

CEYLON REVIEW
propitiated by magic spells. The same erence to an evil spirit as skandagrahai
lira have, in conformity with the Puranic construction of the image of Kārttikeya f installation and worship, in temples. ! with six faces and twelve arms may be bvision is also made for images with six one head and eight arms, and still
S.
MUKHA
name implies, shows the god with six have two eyes each. The splendour of marks are displayed in the image. Both The peacock is displayed in the backms are depicted as wielding respectively kulisa, khetaka, sila, and paikaia. The and the varada poses. The Sanmukha the peacock, whereby the left leg drops p to the knee and laid on the vehicle on portrayed on the padmapitha is in a laced evenly. 42 If six arms are featured, is are respectively naga, vajra, Śakti and he abhaya and the varada poses.45 The is depicted as wielding vajra and Sakti. and on the right Valli, both of whom their left and right hands respectively. onsorts of the god are shown as hanging
ഉ
stage of a peculiar portrayal of the god, th but which cannot be directly related g to it, Skanda is presented as an ascetic, ren head, a rosary, a staff, and coloured alient features of this image. Skanda is
136

Page 50
A STUDY OF THE I
also featured in sculpture as gurumirti, wh knowledge to his father Siva, who as : humility befitting a pupil.45 Another r is based on the account which is given in Purana, but which is not traceable in th rayed as chastising Brahma, the creato explain to him the meaning and sign should also be made in this connection already described.46 Here Skanda is de Siva and Umā.
The rituals performed in the worsh similar to those performed in the worshi in the substitution of the appropriate Nandin is thus replaced by nayiira; simil by Sakti or the lance. That the worshi rency in the South-certainly greater ancillary god of Saivism-is indicated t with the worship of Skanda was an indep with a view to instructing the worshippel This work, though not classed as an As tantra. The work, accordingly, came t Китӑrataтtra, however, cannot be regé *šakta-tantras, for the absence of the el conspicuous in it. The work consists o such topics as hityapujavidhi, naivedyav kundlalaksana, dikṣā, snapana, jirnodhārat homa, pratimālaksana, and rathapratisthā. this tantra, each temple of Skanda, in th its own. The temple at Palani may be ci enshrined in that temple, is presented Puranas nor the tantra lend support to th another tradition, which prevails in certa One finds the worship of Sakti prevailin weapon of Skanda shaped like a lance, i and is installed in the place of the imag to the installation and worship of Sakti .
of veneration receives, clearly assume th Skanda.
Κ. →ता । ।
45. Kantapurāņam, (Tamil rendering in ver 46. Ibid. pp. 508-522.
137

ARTTIKEYA-CULT
ere he is shown as imparting higher sisya, sits at his feet with all the spresentation peculiar to the South the Tamil rendering of the Skanda2 original. In this, Skanda is portr, because the latter had failed to ificance of the pranava. Mention of the Somaskanda-form of Siva, picted as a child in the company of
p of Kumara are for the most part p of Siva. The difference lies only subordinate deities and weapons. arly the trisilla of Siva is substituted of Skanda gained very great curcurrency than that of any other y the fact that only in connection endent text required to be produced 's in the details of the various rituals. gama, is given wide recognition as D be known as Kumaratantra. The rded as being comparable to the aments of vana form of worship is f fifty-one chapters and deals with idhi, agnikaryavidhi, nityotSavavidhi, la, vāstu šāntihoma, dišāhoma, mūrti
Apart from what is laid down in e South has evolved a tradition of ted as an instance in point. The god as an ascetic, though neither the is. Reference may also be made to in parts of South India and Ceylon. g in some temples. The Śakti, the s made of bronze or silver or gold, e of the god. The rituals relating ind the treatment which this object e complete identification of it with
KAILASANATHA KURUKKAL
re), Ayana iccira ipuripațalam, pp. 500-508.

Page 51
The Functional Zon
HE Colombo City covers a
the built-up areas (5,700 ac (about 200 acres), marshy an its northern and eastern margins w Ganga. Most of the built-up area above mean sea level and this is
east-west, but prominently protrud and Table 1).
T Surfaces and their a
Below 4 feet
4-10 feet 10-30 fee 30-50 fee above 50 fee
Commerce, residence, industry open spaces all play their own role in the city. The following zones ( after detailed field investigations, ca junction with analysis of 1: 3,168 pl by the Ordinance Survey, Ceylon.
The Port Premises. The Fort-Multifunctional The Pettah-Wholesale and The Retail Shopping C Ribbons.
l. The suggestions and techniques of fications.
A. J. Hunt, The Techniques and Geographical Society Silver Jubilee Souven.

6S of the Colombo City
in area of about 8,711 acres comprising res), lake (about 213 acres) public parks ld open land (about 1,000 acres) towards hich are in the flood plain of the Kelani is contained within ten and thirty feet widespread, stretching north-south than ing South and South-eastwards. (Fig. 1;
ABLE I pproximate area in acres
1,000 1,775 t 5,350 t 425
t 150
I, transport, institutions, agriculture andle in the differentiation of functional zones Fig. 2). were delineated and established reful inspection on the ground in Conans of the Town Survey series published
hercial Zones
Core.
Retail Centre. entres at Junctions and the Business
A. J. Hunt were applied with necessary modi
Value of Urban Land-Use Survey. Indian ir, 1952, p. 106-il 13. -
w
138

Page 52
10. 11. 12.
13. 14.
15. 16. 17.
1.
FUNCTIONAL ZONE
II-Residenti
Inner-Mixed Zone. Outer Residential Zone.
A. First class houses.
B. The cottages. C. Storeyed-flats.
D. Sub-standard houses, shan E. Professional areas.
Sub-urban Housing Areas.
III-Industri
Dangerous and Offensive Trad Rubber Smoking Area. Coconut Storage Area. Special Trades Area. Industrial Enclaves.
'
IV-Transpo
Railway Yards and Stations. Central Bus-Stand and Second
V-Open
Public Parks and Playgrounds Open Land and Marshes. The Lake Surface.
I-Commerc
The Port Premises and the Mutu
The Port Premises occupy the c from Custom's House Point to Mu. a protection mole projects north-west same direction affords shelter to the Ti for the local fishing boats. The har Leyden Bastion Road, Reclamation R Road, and Korteboam Street separate Multifunctional Core area. However
139

S OF COLOMBO
al Zones
ties or hovels.
al Zones
es Areas.
prt Zones
ary Stands.
Spaces
and Semi-public Open Spaces.
sial Zones
'al Fishery Harbour.
rescentic shape shoreline extending iwal Point. From Mutwal Point, to the sea and another mole in the awler Harbour and fishery harbour pour wall fronting Church Street, bad, Sea-Beach Road, Kochchikade the Port Promises from the Fortthe areas under the jurisdiction of

Page 53
UNIVERSITY OF
the Colombo Port Commission in Sebastian Canal, Kimbulawala ma Manning Market.
Three modern quays, Queen jetties, patent slip, graving dock, stores, workshops, offices and C elements of this zone. (Fig. 3). T the main functions of the zone, na senger traffic, transshipments, ship ir
Functionally, there is segregatio tion of the western sector of the ha for exports. The passenger-cargo making good use of the berthing The discharge of foodstuffs and ge Quay which has mechanical equipm flour and sugar cargoes to the grar used for the regular South Ind eastern sector, facilities are installed bunkering of vessels. Oil is tra storage depots and Central depots at dual advantages of isolation, yet situ so essential for an enterprise of thi cargoes are handled at the coal jet storage of coconut oil, there is a sp area is under the jurisdiction of the I industry. Another functional char berthing facilitate direct discharge of congestion at Chalmers Granaries ( Warehousing also show differentiat new one-storeyed warehouses on ( cargo, the Kochchikade warehouse for timber and metals. The five east of the canal. The perishable c warehouses, especially the Kochchil
The shift of the Passenger Ter passenger traffic to its new location functional changes. York Street

CEYLON REVIEW
cludes the port area, the lake, the San shes, the Chalmers Granaries and the
Elizabeth, Delft and Vijaya, numerous :oaling jetties and depots, warehouses, 1stoms buildings constitute the form hese structures and equipment facilitate mely the export-import trade, the pasepair and marine engineering. ܓܠ
n of special areas and a general demarcarbour for imports and the castern sector traffic is confined to the western sector, facilities along Queen Elizabeth Quay. neral cargo is carried out in the Delft ent for direct delivery of bagged grain, aries and the stores. This quay is also lan transshipment trade. Along the for the discharge of oil, coal, and the smitted by pipeline to Bloemendhal Kolonnawa. These two sites combine lated close to the port and site suitabilitys nature. Railway Coal and phosphate ties and stored in the depots. For the ecial area in the north-east. Since this Port Commission, it is included as a port ge is that the modern arrangement for food cargoes to the lorries, so that lorry Lotus-Norris Roads) is partly removed. ion of functions in the port area. The Rueen Elizabeth Quay are for general
for grain, those along Harbour Canal export-warehouses are situated to the argoes are handled in the transshipment ade group.
ninal and the functions connected with on Queen Elizabeth Quay has brought
which was formerly at almost right
140

Page 54
FUNCTIONAL ZONE
angles to the Old Passenger Jetty has shebpping area. Consequently the fidov Commissariat Road and Marine Drive
Though the lake (popularly know Category of open spaces, functionally, recreational. The Beira is a commera quently its waterfront has attracted m port. The canalisation of the Beira an a greater commercialisation of the Bei 200 acres in extent was reclaimed from this was put under a balanced pattern grounds, government offices, commerci
The influence of the Beira on the considerable. However, in the absenc respect, it can only be said that the quali the lake is considerably affected by the view of recreation, the Beira is used boating and other aquatic sports. The setting of the city.
sa 2. The Fort-Multifunctional Core
The Fort is the focus of the entire It is the place associated with the high to six million rupees per acre), tallest bu feet high), high density land-use, and t during the day hours. The central ar "accessibility and availability. Access this area and has to be measured in term ment and the time taken to travel certa movement of the people in and out C functions are carried out, the time-dista and in terms of parking space for n increase in the numbers of vehicles cir day in 1957, when compared with numbers have increased from about 1, 2,600 by 10 a.m., reaching a peak volu 10 and 12noon. A secondary peak is no sharp decrease in traffic begins about 4
141

S OF COLOMBO
lost some advantages as a tourist v of traffic is more intense along han along York Street.
in as the Beira) is classified in the its role is more commercial than ial annexe to the harbour, conseany industries connected with the d the installation of locks enabled ra premises. A new surface about the shallow margins of the lake and of land use, namely parks, playall store-houses and firms.
: micro-climatology of the city is e of detailed investigations in this ty of the atmosphere in and around water surface. From the point of exclusively by the high classes for Beira certainly improves the natural
city and the metropolitan region. est land values, (ranging from two ildings (about sixty to one hundred he greatest concentration of people ea offers the convenience of both ibility is the ease of movement to s of roads, transport, ease of movein distances. Due to the rhythmic if the centre, where so many urban nce varies with the time of the day otorists. There is a phenomenal culating in the Fort for an average an average day in 1951. The )00 vehicles at 8 a.m. to about me of about 2,800 vehicles between ticed between 2 and 3.30 p.m. A p.m. and about 5.30 p.m. the core

Page 55
UNIVERSITY OF
is almost deserted.2 It is to be ex nation Survey of traffic conducte conjunction with the United St. nature, intensity and the dynamic between the core and the commute
Owing to the congestion of ve of parking space there, the Fort are the busy hours of the day. This creased the mobility of traffic at Availability is the number and kini this area. The multifunctional Co commerce, finance, insurance, bar and government administration. employment and business concer functional convenience and functio
The Land-Use Map of the For sub-areas:
(a) The areas of the governmc (b) Multifunctional area. (c) Residential enclaves. (d) Open enclosures. (e) Port premises.
(
a) The areas of government of
The Fort is the centre of g. forty per cent of the offices are l found throughout the central area, zard, but owes much to tradition : Minister's Office, the Senate, the along Queen Stret. Lotus Road Parliament, Old Secretariat, Coo along the lower section, Central T along the upper section. The c Works, Registrar-General, and Y. Bristol and Gaffoor blocks accom
2. Data is from Department of Town

CEYLON REVIEW
pected that the recent Origin-Desti'd by the Public Works Department in tes Operations Mission may reveal its pattern of this relationship which exists
9 CS AÍCAS.
hicular traffic in the Fort and the scarcity a is declared an "one-way zone" during "uniflow” circulation has certainly inld thereby reduced traffic congestion. d of services and activities found within re serves as the centre of business and king, wholesale and retail distribution Consequently, it is the greatest area of itration. This has resulted owing to nal magnetism of the core.
t (Fig. 4) shows the following functional
snt offices and public buildings.
ices and public buildings.
bvernment administration. More than ocated there. Although the offices are their distribution is not entirely haphaand inertia. The Queen's House, Prime New Secretariat, General Post Office are frontage is exclusively occupied by the perative, Central Bank and Fort Police elegraph Office and the Postal buildings ffices of the Surveyor-General, Public W.C.A. are along Chatham Street (east). modate few government offices showing
and Country Planning, Colombo, 1958.
142

Page 56
FUNCTIONAL ZONE
typical mixing of functions vertically Flagstaff Street. It is seen that in the C functions are juxtaposed. It is possible the city which are predominantly dev functions.
Government departments and offi opened especially after Ceylon's indepe Fort to other areas has taken place. Thrt Road occupying the reclaimed land fr of Postal Services, Town and Country P Wholessale Establishments. (ili) At Edir occupy government and private sto Square-Bullers Road sector another A recent trend has been the decentral fringe and the suburban areas. This is ments of Motor Traffic, Agriculture, A Milk Board to a new location at Na malana and Maharagama are likely to in the future.
(b) Multifunctional area-mixed ret
This area is between Queen Stre Row (south), and the Port premises (no ping is along York Street. Here is f department stores, commercial firms, b. shops and hotels. The three multi-stc occupy the largest floor-space, for each road frontage, considerable depth, abou ten feet wide pavement. Wholesale a stationery goods, electric appliances, sci ware, drugs and pharmaceuticals, luxury goods are carried out.
The floor space-use of the buildin are usually used for retail services, the fi floors for living apartments, as in the
Retail shops of a lesser degree, espe products are along Chatham Street (w tobacco goods, and miscellany goods
143

S OF COLOMBO
7. The Navy Quarters are along ore, administrative and commercial
to demarcate certain other areas in oted to government administrative
Ces have expanded and new offices 'ndence (1948). A scatter from the pe such areas are () Along McCallum om the Beira, are the Departments lanning, Electricity and Cooperative burgh Crescent, some of the offices reyed residences. (iii) Torrington locus of some government offices. isation of offices towards the cityshown in the transfer of the Departgrarian Services, Marketing and the rahenpita. Satellite towns of Ratbe secondary administrative centres
1il services.
*t (west), Lotus Road (east), Canal rth). The main business and shopound the greatest concentration of anks, insurance companies, jewellery reyed department stores, however, block has about sixty to eighty yards it eight feet wide arcade, and about ind retail sales for china, glassware, antific instruments, jewellery, silverarticles, textiles, shoes and children's
gs is different. The ground floors rst and second for offices, the higher Grand Oriental and Bristol hotels.
cially for textiles, silk goods, cottage est). The small shops for grocery, are along York Street (south) and

Page 57
UNIVERSITY OF
Prince Street (east). The absence o hardware stores and bulky goods ( high rents on these products in this a traffic along the arcades and paveme shopping period. The concentrat largest commercial firms, oil firms, agencies and the Chambers of Con is of immense functional significanc entire metropolitan area. The abse made the core the only centre of all in fact for the whole of Ceylon.
(c) Residential enclaves.
The Army and Navy quarte Flagstaff Street, and Galle Face Road sising their original defensive functi maintained and safeguarded the pro these locations elsewhere despite c fitable uses.
(d) Open enclosures.
The core has retained Gordon ( Square and Echelon Square as its extends southwards as an appendage
(e) Port Premises.
This has been discussed already
3. The Pettah-Wholesale and
A loosely built-up tract which and Racket Court, now occupied the Harbour Canal separate the Foi Pettah. The contrast between the West-End and East-End of the Londo these features are on a miniature scal
The Pettah business centre exte: to Norris Road (south) and Front S Wholesale and retail trade is carried

CEYLON REVIEW
f such shops as butchers, green grocers, :learly shows the prohibitive effects-of rea. There is high density of pedestrian ints of York Street especially at the peak ion of banks, the head offices of the insurance Companies, shipping, travel numerce in this small and compact area je and exerts a functional pull over the ince of commercial banks elsewhere has banking, financial, and credit activities,
rs and barracks along Queen Street, are historic functional enclaves emphaon in the Fort. These institutions have perty rights and have not shifted from rompetition for land from more pro
Gardens enclosed in the Queen's House open spaces. The Galle Face Green
in Section 1.
Retail Centre.
was formerly the areas of Lotus Pond partly by the Chalmers Granaries and rt from the local business areas of the Fort and the Pettah may be as great as on townscape. However, in Colombo, le.
inds from the Reclamation Road (north) street (west) to Gasworks Street (east). out in all the major and cross streets.
144

Page 58
FUNCTIONAL ZONES
However, Main and Norris Streets are Main Street is flanked on each side by shops, the quality, the size and dominal wards. The shops to the west have ab and considerable depth. These are m ments, tailoring and light manufacture section are small with about ten to fiftee for grocery goods oilmen goods, paints is entirely confined to the ground floc storage or offices, or even as bed root the Main Street is about fifty feet wic carriage way. It is therefore an one w shopping hours. In contrast, the locatio side of Norris Road has been much in Fort Railway Station, the lorry and ta located along its southern side and the retail pattern shows hotels, snack-bars, stalls and miscellaneous stores catering t sengers of the railway-road transports parallel streets and cross streets is extre appearance vary from shop to shop sho ment in small land blocks. None of the thus resulting in traffic congestion alon unloading the goods. It is interesting Cross Streets retail more in leather goo is popularly known for brass, alumini
Another aspect of the Pettah retail occupy the pavements and are adjusted stalls are sometimes moved along the car pedestrian and vehicular traffic. Besi trading area comparable to Crawford Manila cities respectively. One of the im is the public market and its satellite store Municipal, Edinburgh, Municipal grain The Tripoli, Manning and Cooperative ket foci, situated along Norris Road. allotment of space for stalls. Around close as possible to take advantage of th good number of artisans usually special local tailoring and wood working are ai
145

OF COLOMBO
he two major ribbons of shopping. un almost continuous line of retail ce of which decrease steadily eastut forty to fifty feet road frontage inly for textiles, ready made gargoods. Those along the eastern in feet road frontage and are mainly and green groceries. Retail trade r, the upper floors being used for ns for the shop-keepers. Though e, it has only a twenty feet wide ay traffic (west to cast) during the in of retail shops along the northern luenced by, and in relation to the xi-stands, the Manning Market all Central Bus-Stand close by. The weetmeat marts, Cool refreshment o the needs of the vast transit paservices. The retail pattern of the mely mixed. The Size, shape and wing unplanned building developse shops have access from the rear, g the road fronts when loading or to note that the Second and Third ds including shoes and Dam Street um and pottery goods.
pattern is the hawker stalls. These to the limited open spaces. As the riageways these interfere with both les, Pettah looks a crowded petty Market of Bombay or Quiapo of portant elements of the retail pattern ... The public markets such as the market are along Gasworks Street. markets are close to the Pettah marThese are permanent Structures with them many retail stores crowd as e customers attracted to them. A ising in tin Smithing, shoe repair, to found around these areas.

Page 59
UNIVERSITY OF
4. The Retail Shopping Cent
The development of retail bu brought some functional change relationships giving rise to basic s land-uses. The growth of these ce tO population increase and areal ex inadequate mass transport to the core areas have changed the shoppi degree show a preference for retail
(a) The Central Junction at three busy traffic routes of Panch close to another crossing at Symo vehicular and pedestrian traffic. T reflects the advantages of the loca stand bring in a continuous flow of few one-storeyed-hotels, photosh stalls for light refreshments, Swee miniature stalls for chew-betel. TI Street (Pettah) in retail pattern. some intermediary spaces for ins cinema. In the central business . values are more than one million I for bulky and low priced goods is the roads of those areas are narrow sible. For these reasons the stores cement, tiles, metal, gravel, sand, along the wide accessible roadw Street, Panchikawatta, extending . Adjoining these hardware stores a a few motor garages.
(b) The Maradana Road, the Kanatte Road and the Cotta Road retail vegetable market is its centr to the Borella bus-stand and the eastern sub-urban districts. The ni both the residents and the hospi
3. * Social Survey of shopping habits

- CEYLON REVIEW
tes at Junctions and the Business-Ribbons.
isiness at favourable road junctions has which has altered significant place tructural shifts in the arrangements of ntres was consistent with and appropriate pansion of the city. Traffic congestion, core, lack of convenient parking in the ing habits of the customers who to some shops at the junctions.3
Maradana, located at the intersection of ikawatta, Maradana and Darley Roads, nd's Road, is one of the busiest foci, of he growth of retail trade at this junction tion, since the railway station, the buspeople. The retail structure consists of, pps, many ground floor eating houses tmeats, local and imported fruits and he Maradana is comparable to the Main Unlike Main Street, Maradana Road has titutional uses as schools, hospital and areas of the Fort and the Pettah, land upees per acre and space for large store scanty. Besides, as the carriageways of , access to large conveyances is not posfor hardware, building materials, bricks, timber and sanitary ware are located ays of South Skinners Road, Armour long the Barber and Messenger Streets. are repair shops, spare parts depots and
: Ward Place, the Base Line Road, the | all meet at the Borella Junction. The al feature, very well situated in relation
market gardening areas of the southlarket is popular for vegetables supplying tals nearby. There is contrast in this
, Ceylon, Sessional Paper 1, 1959. al
146

Page 60
FUNCTIONAL ZONES
junction area between the storeyed-ho kiesks on the one hand and the tempor other.
(c) Along the city's southern me there are three shopping centres at Colp Junctions respectively. The Colpetty with Turret Road is closest to the Fort tension depots of the big shops of the Fo because it is close to the Fort and Pettah, display of goods and storing, relatively has the public market, the railway stati affords easy parking close to the shops. type. Textiles, general goods, jewell laundry, barber shop, petrol filling sta
necessary services for the residents of th
(d) At the Bambalapitiya shoppi particularly owing to easy accessibility This is a women's shopping area, for f shoes and sandals are displayed in the assortment within small compass, facilit The choice of a site at this junction one, because it is the geographical cer Colombo South.
(e) The southernmost junction intersection. The retail pattern has c vegetables, fruits, poultry, meat and fis houses and tea kiosks is found around utilization is mixed and confined to t retail varieties of consumer goods. Th imported goods. Local furniture shops age of low rentals for their show rooms
Three other junctions have devel mentioned already. The centres of Dematagoda function as sub-service cer
I-Residenti The city has a population of abol limits. (31 wards). The numbers and
147

OF COLOMBO
els, the small shops, boutiques and try wooden and cadian stalls on the
jor thoroughfare (the Galle Road) etty, Bambalapitiya and Welawatta centre, at the junction of Colpetty
Some of the retail shops are exit. This retail centre has developed has adequate ground floor space for low rentals than in the core areas, on, the junction bus-sub-stand and The retail structure is of the mixed 3ry, stationery, bakery, photoshop, tion and the cinema provide the e locality.
ng centre, retail trade has grown and availability of parking space. ashion goods especially sarees, silk, shop windows providing a wide ating comparison and competition. for a super-market is a rational tre for the residential districts of
is at the Wellawatta-High Street leveloped mostly as a market for 1. Satellite growth of small eating he market square. The road front he ground floor. The small shopare are very few shops for expensive flank the main road taking advant
ped to a lesser degree than those lave Island, Thimbirigasyaya and tres for these localities respectively.
all Zones
t 425,881 within its administrative density for each ward in 1953 are

Page 61
UNIVERSITY OF
given in Table 2. It is seen that it wards of Kochchikade, St. Paul's, C Sebastian, Slave Island, Wekande a about 175 persons per acre. In con persons per acre. These density
closely related to, and based on hous ristics. Table 3, presents a classifical type expressed in the number of livi household, the rates of rent and ger the percentages of these various ty in the city (Fig. 5). This attempt t types and their related features sho characteristics which form indivic might be used as a basis for delineat
TA Area, Population, D.
ИVards
City of Colombo 8, Modera Mutwal Madampitiya Kotahena East Kotahena West Kochchikade St. Paul’s Grandpass New Bazaar Alutkade San Sebastian Pettah Fort Slave Island Wekande Hunupitiya Maligawatte Maradana Suduwella Maligakande Dematagoda Kuppiyawatte Borella Cinnamon Gardens Timbirigasyaya Colpetty Bambalapitiya Havelock Town Wellawatte North Wellawatte South Kirilapone Sources-Memo No. 2 Department of Census, 1

CEYLON REVIEW
the inner-mixed zone comprising the randpass, New Bazaar, Aluthkade, San ind Hunupitiya, the average density is rast, in the outer-Zone, it is about thirty variations show Zonal differentiations : types and their related spatial characteion of the general house types, space per ng rooms, per unit block (land) for each eral income per month per household, pes and their general distribution areas analyse the residential areas into these w many physical, social and economic lual geographical patterns and which ing residential sub-areas.
BLE II ensity of Colombo, 1953. Area Density iii. Population per Acres (C62 711 425,881 48.9 465 14,798 31.8 270 15,574 57.7 574 18,866 32.9 153 11,380 74.4 204 16,493 80.8
65 12,105 1862 ബ 71. 18,863 266.0 104 13,936 1340 115 10,592 73.0 88 15,534 176.5 120 17,160 143.0 145 10,592 73.0 242 4,537 18.7 250 11,020 44.1 95 10,028 105.6 201 9,038 45.5 305 10,274 33.7 177 14,976 84.6 328 18,521 56.5 85 15,958 187.7 180 12,460 69.2 178 11,572 65.0 390 17,394 44.6 960 17,559 18.3 935 19,417 20.8 272 13,841 51.1 400 12,187 30.5 353 11,783 33.4 328 15,140 46.2 267 14,266 53.4 391 10,112 25.9 254.
ܢ ܠ
148

Page 62
FUNCTIONAL ZON
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LES OF COLOMBO
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Page 63
UNIVERSITY Ol
5. The Inner-Mixed Zone.
Since the inner-mixed zone is ( core areas which attract labour for of the Fort and Pettah, it is the close ing class, who live in rented tenem ably may be one or two rooms) ac unit. The buildings have spread quently, the zone has got congested contiguous small houses. The nu that it is really a big problem to m them elsewhere either in the city o storey flats capable of accommodal solution because the proletariat clas the absence of alternative housing the working class is contented to conditions because of the advantag their places of work.
The contiguous lines oftenem path or alley. These have very 1 common tenement garden. Priva conveniences and a water service a tenements are dilapidated and are rather an old, low rent, congested;
Retail trade in products of fo other socio-civic institutions are u with the dwellings and flank bot contiguous houses with shop fro1. functions. Small industrial units Smithing, goldsmithing, carpentry, rolling and Snuff making, repair garages are part and parcel of th industrial premises of British Ceyl the wards of Slave Island, Marada mediate zone) there are a fair nur contiguous or separated from each for a small shop or tea kiosk, the oriented light manufacturing indu dential areas. Bakeries, laundries,

CEYLON REVIEW
prescentic in shape and lies adjacent to the various services of the Port, the business st dormitory area for most of the workents. Most of these households (invaricommodate more than four persons per out horizontally than vertically, consewith one-storey-tenements, cooly lines, imbers and the households are so vast ove them out from this zone and house in the region. Construction of multiing more households is not a complete ss may not afford to pay high rent. In 'lsewhere or better houses in these areas, live here in congested and unhygienic es of short distance from their homes to
ents face either the street or a common imited backyard space. A few have a te conveniences are lacking, but public re provided. In general, most of these badly in need of repairs. This zone is and poor housing area.
od, drinks, utility articles, clothing and biquitous. Retail units are interspersed h sides of the streets. Even small and its combine residential and commercial
connected with tin smelting, blackbrass works, cottage crafts, cigar, beedi shops, scrap yards, timber depots and Le functional ensemble. However, the on Corporation exists as an enclave. In na, Grandpass, and Kotahena (an intermber of small three-room houses either other. The front room is used either living rooms are to the rear. Market stries compete for sites within the resiaerated water plants, rattan works are
150

Page 64
FUNCTIONAL ZONE
some of the industries in Slave Island. speased with stores for copra, oil mills, general stores. It is an area of non-confo and Kotahena, it is possible to identif buildings. In general, there is such a g. residences, retail trade, light industrial a up and intermingled, that it is quite it map showing individual houses. In cor along Hulftsdorp Street, the professional with numerous lawyers offices and the and explain the strong ties of historical a dorp law quarter, centainly breaks the the planned and pleasing arrangement mises,
6. Outer-Residential Zones
The outer-zone is associated with se dwellings varying in size from the sy residences of Colpetty, Bambalapitiya
First class houses, in large land lots of to three room cottages in about 4,080– five room cottages in about 5,440-10,8
A. First class houses; the spacious Colpetty-Cinnamon Gardens. This was quarter and gradually changed ownersh social and economic levels. The entire large parks and open spaces, well vent noise of industries and petty retail store acre. Land values and rentals are high of the area and the social values attac bungalows have spacious front graden blocks of about 21,760-43,520 square enhance the general appearance of the c flank shady avenues which add to the n
B. The Cottages. The cottages The land lots vary regionally reflectin the Wellawatta and Kotahena areas t twenty-twenty five feet road frontage,
151.

OF COLOMBO
At Grandpass, residences are interxporting and importing firms and rming uses. Similarly at Maradana : multi-uses in both land lots and eat mixture of activities, tenement ind institutional functions so mixed capable of separation except on a trast, the location of the law courts character of Hulftsdorp Street itself ir name-boards are unique features nd traditional factors. The Hulftsmonotony of the zone because of of the law buildings and their pre
lf-contained, compact, single family acious bungalows and storeyedand Cinnamon Gardens, an area of about 10,880-43,520 square feet, -5,440 square feet lots and four and 80 square feet lots.
bungalows and storeyed-residences of once the European residential ip to the Ceylonese people of high area is well drained, provided with ilated, free from the nuisance and s. The building density is low per because of the excellent disposition hed to this district. Most of the s and extensive backyards in land feet. Lawns and flower gardens listrict. These spacious bungalows atural beauty of the area.
are widespread in the outer-zone. g differences in house density. In he cottages are small with about
has about forty yards depth with

Page 65
UNIVERSITY OF
small back gardens. The Bamba road frontage, more depth and C well built with considerations for a
C. The residential storeyed-flat. widespread in the outer-zone. T dominate the low accordant ridge Housing has constructed blocks o Avenue mainly for the middle cla the working classes. The propose at Wanathamula is another proje Slave Island, Parson's Road, Marad The Baurs flats (Fort), Regents ( (Flower Road), Bogala (Dickman apartments. The flats of Spathod uses. Many one-storeyed-resident in the outer-zone and are rented to
The construction of multi-stor ways to relieve the acute problem position needs to be considered fro floor residences are bound to be u rent owing to site factors and high come groups renting them. Th hand, may not prefer high floor bungalows with gardens, lawns, a leased out in the outer and suburb. miles from the core areas.
D. The Shanties and hovels. like mushrooms and are widespreac the lake, river, canals and have s Crownland and even open marshy fast and shanty-Colonies comprisi packing Case wood, discarded zin cadians thrive in nooks and corr spread of these sub-standard housin
E. Professional areas. Ward residential quarter for medical spe reside close to the hospitals, nursi.

CEYLON REVIEW
lapitiya-Borella areas show a broader onsiderable backyards. These are very ir drainage and direct sunlight.
The residential storeyed-flats are also hese flats are conspicuous because these : shape roof surfaces. The Ministry of flats at Bambalapitiya and Torrington ses; at Wolvendaal—Armour Street for d twenty million rupees housing scheme ct. The Police Department flats are at ana, San Sebastian and Havelock Town. Parson's Road), Galle Face Court, Yalta s Road), are exclusive high class living a, Borella and Maradana are for mixed ial flats have been constructed recently
people of high income groups.
eyed-flats may be regarded as one of the of city housing. However, such a prom the financial and social aspects. High npopular and uneconomical too. High cost of building would bar the low ine high income groups on the otherresidential apartments because spacious ind even tennis courts may be rented or
an areas which are about eight to fifteen
飘
The shanties and hovels are springing up i. These are however, numerous along pread over to the open spaces, unbuilt racts. In the city this blight is spreading ng rickety little structures made out of c sheets, hard board and thatched with ters. This unorderly and unauthorised g is detrimental to the health of the city.
Place may be distinguished as a special cialists and consultants. They prefer to ng homes, clinics located in the Regent
152

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FUNCTIONAL ZONE
Street-Ward Place-Maradana triangle bungalows situated along Buller's Road high government officials and diplomat
7. Sub-urban Housing areas. Hig with high demand and special preferenc have caused a sprawl to the urban fring to the region also. Private investmen and company loans are largely respon houses in these areas. This is a clean a the city centre, possessing the basic amm services. As the dormitory area has Rajagiriya, Nawala, Nugegoda and eve wards to Ratmalana, Moratuwa and P. in the provision of amenities especially sequently in most of the cottages, drain private concerns. This is a pleasant h situated in spacious, regular shaped land
III-Industria
The city is the focus of industrial lo oped port-city, the node of the routes concentration of people and therefore en for location. The industrial structure o groups:
(a) Industries and services involved (b) Manufacturing industries deal materials exported through the
(c) Light manufacturing industries (d) Dangerous and offensive trades.
The port-zone of industries com engineering works, ship repair yards, (b) loading and unloading services, fuel tribution, landing, stevedoring and foi warehousing and dock services.
All these industries are located alc and the lake premises. Limitation of
153

S OF COLOMBO
Another area of government and Stanmore Crescent is for the c personnel.
land values and rentals associated te of particular localities of the city e and along the circulatory systems its, building societies, government sible for the construction of new ind healthy dormitory zone close to enities such as electricity and water been extending south-eastwards to h as far as Maharagama and southanadura, there has been difficulties water Service and draiinage. Conage and water services are entirely busing zone, the cottages are well
lots.
al Zones
ocation because it is the only deveystem of the island having a thick joying most of the factors essential f the city may be divided into four
with the working of the port. ing with the processing of raw port.
characteristic of a big city.
prise the following : (a) marine
boat building and repair yards, ing of vessels, oil storage and disDd chandling services, (c) storing,
ing the waterfront, the fore-shore space along the eastern foreshore,

Page 67
UNIVERSITY O.
(the location of its marine industric establishing of new industries, or native location along the lake’s wat
for ship repair.
The manufacturing industries inter mixed and function jointly wi in the city depends mostly on the . tea firms which carry out mixing exporting of tea are located in an Here, there is adequate space, easy . port.
General engineering industrie the railway, bus, trolley, gas, elect treatment are sited in special yar the city.
Industries associated with sa automobiles, machinery, equipmen — Panchikawatta-Darley-Union Pl and accessible, providing suitable a repair yards, assembly plants etc.,
Industries processing food, dri
8. The Industrial zones delin for those that have been declare These demand a large ground area such as noise, odours, pollution, fi waste disposal requiring large plan their finished products are bulky s guous water, road, or railway tr drag the siting of plants towards th
Quarrying for cabook, gravel digging for Coral stones by opening of bricks and tiles, occupy the nor industries that need exclusion and storage of straw, kapok, Occupy t

R CEYLON REVIEW
s) has undoubtedly prevented either the the expansion of existing ones. Altererfront is neither practicable nor feasible
based on agricultural raw materials are th the commercial firms. Their location advantages of transportation costs. The , testing, grading, packing, storing and area about Slave Island-Union Place. ccess for lorry transport and close to the
s connected with the public utilities as icity, water service, sewage disposal and ds, resembling 'industrial enclaves' in
les, service, repair, assembly, etc., of t, etc., are mostly along Prince-of-Wales ace and Turret Roads. These are wide nd large spaces for display rooms, stores,
nks and tobacco are ubiquitous.
eated by Town Planning regulations are :d dangerous and offensive (Table 4) , they frequently have nuisance features re hazards, and have serious problems of tlayout. Their raw materials as well as o that they require extensive and contiansport facilities. All these conditions he urban fringes.
or metal, curing and storing of graphite, a pit, burning or storing of lime, burning thern and north-eastern fringes. Those protection from the danger of fire as he eastern fringes. Industries that give
154

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FUNCTIONAL ZONE
out offensive odours, as drying and ct raw hides, boiling of blood, offal, have The fertilizer, bricks, tile manufacturin plain and have extended along the river
TABLE
Dangerous and O.
A. Industries (Mineral products).
1.
Quarrying for cabook, gravel ol Curing or storing of plumbago Digging of coral stones by open Burning or storing of lime. Burning, storing, curing or rend Burning of bricks and tiles.
B. Industries (Danger of Fire).
7. 8. 9. 10. . 2. 3.
Manufacture of Copra. Extracting oil by apparatus. Storing of Copra. Storing of straw. Manufacture of desiccated coco. Storing of fibre. Storing of cotton wool (Kapok)
C. Industries (Offensive Smell).
l4 15
16.
7. ༄ཟུ་ 18. 19.
20.
2.
22.
23.
24.
25.
Chank fishing.
Pearl fishing. Storing of cured or dry fish. Storing of perishable articles of Manufacture of compost or arti Keeping a tannery. Curing of arecanuts. Boiling of blood or offal. Storing of raw hides. Storing of bones. Curing of planks. Keeping of kraal for soaking Co
D. Industries (Danger in Chemicals-infla
26. Manufacture of matches. 27. Manufacture of soap. 28. Manufacture of rubber sheets o 29. Soda, manufacture. 30. Dyeing of fibre. 31. Keeping of kerosene oil depot.
E. Industries (Miscellaneous).
32. Curing and drying of tobacco. 33. Cigar manufacture. 34. Manufacture of vinegar. 35. Keeping a timber depot.
Source :— From the seventh schedule ; Ou .Детеlopтепt area of Coloтbo ܒܫ .
Department of Town and Country Planni
155

S OF COLOMBO
Iring of fish, chank, pearl-Oysters, restricted zones towards the north.
g firms are along the Kelani flood
to the sub-urban region.
IV
efensive trades
metal. (graphite).
ing a pit.
dering of lime.
nut.
food. ficial manure and storing.
conut husks.
Immable).
r crepe.
|tline Planning Scheme for the Regional
ng, 1955.

Page 69
UNIVERSITY OF
9. Another group of industries processing and storing of rubber ar elastern waterfront of the Beira. Ho toys, decorative articles, mats, cushi intermingled with the retail business
10. The coconut industries, su copra, desiccated coconuts, coconut towards the eastern fringe, especially San Sebastian Canal system. AS th and handling as export cargoes, a along the eastern sector of the harbo
11. Certain dangerous and offe within the residential and commerc of matches, soap, dyeing of fibre, in yards. These sites are enclosed by
A recent trend is the location an Road, especially in the Ratmalana a planned at Ja-ela to the north of C undoubtedly offer attractive, accessi new industries. These measures t doubtedly will relieve to some exte a planned and controlled growth
IV-Trans
12. A distinguishing feature in east extending zone of land occupied way tracks, marshalling yards, the buildings and yards, the Dematago shops, sidings and stores, which for two parts. Road transport crosses about Lake House at Fort by overh hugs the coastline and does not inter Road runs parallel to it within th intercept road traffic at Slave Island a traffic stagnation. At these two p overs' to enable a smooth flow of b

CEYLON REVIEW
are also zoned. The curing, smoking, : restricted to a special zone along the Owever, industries which manufacture ns, and tyre-retreading are widespread, units and the residences.
sh as the manufacture and storage of il, Coir fibre occupy exclusive locations along the water course of the Kelaniese products require special protection special trades area” (Tanque Salgado) ur is zoned.
nsive industries, however, occupy sites ial zones, as those for the manufacture lanufacture of gas, and certain storage high walls to ensure safety.
d growth of new industries along Galle rea. Another industrial estate is being olombo. These new industrial estates ble and cheap sites for the expanding owards industrial deglomeration, un--> nt the congestion in the city, enabling of industries in the Colombo region.
port Zones
the morphology of the city is a west| by the Fort Railway Station, the railMaradana Junction Station, passenger da Station, Kuppiawatte yards, workms a barrier and divides the city into the barrier at Maradana Junction and ad bridges. The southern line almost ere with road transport since the Galle e city. The railway lines, however, nd Base Line Crossings, and often cause ints it is necessary to construct "flyoth road and railway traffic.
56

Page 70
FUNCTIONAL ZONES
13. The road mesh of the city certa by Professor C. Holliday “that Color detailed scrutiny, it is found that the su. about 700 acres or about twelve perce Fort and the Pettah the percentage incre which is comparable with the ratio oft
The Central Bus-Stand having pa mostly outstation, is at Gasworks Street buses. But these are merely bus park the passengers to the vagaries of tropica terminal buildings for their convenience chief market foci of Pettah, too crowded It is the responsibility of the state to p. conveniences. Since the present site i. gested that a new site, the former Mul of the Gasworks Street, very close to the a broad road (Saunder's Place) may be Borella sub-stand is another parking pl. junction linking up the bus services oft Colombo region with the town serv junction centre, market, hospitals, scho he busy passenger transit centre and needs
V-Open
14, 15 : Parks and open spaces m city. The total acreage of public open about two per cent of the total area. seven per cent semi-public open space appreciable acreage of minor parks, play the built-up areas. These are either pri unbuilt crown land or land with disput per cent of space is occupied by tracts of marshes, along the fringe. Thus consid spaces, (b) the extent of semi-public op
4. C. Holliday, City of Colombo, Memorandu,
5. Computed from data obtained from the Municipality, 1958.
6. R. E. Dickinson, The West European City
157
 

OF COLOMBO
inly gives as impression as observed bo is over roaded.4 Indeed on face area of the its roads comprises nt of the entire city area.s. In the ises to about twenty to twenty two re West European cities.6
king space for about forty buses, and at Norris Road for about fifty ing places, unprotected, exposing l weather, without any facilities or This is because this site is in the with retail trade and petty business. rovide a Central Terminal with all hardly sufficient, it may be sugticipal tram car garage situated east present stand and accessible through converted for this purpose. The ce for buses. This is an important he dormitory areas of south-eastern ices. Since this stand serves the ols, colleges and the cemetery, it is to be provided with more facilities.
spaces
ly be regarded as the lungs' of the spaces is about 215 acres, which is There are about 600 acres or about S. Besides, Colombo has also an arounds, private open spaces within Dvided by the Municipality or are ed ownership. Another about ten cultivated and inundated grasslands, pring (a) the acreage of public open in spaces, (c) private un-built areas,
on Town Planning. Colombo, 1940. Eunicipal Engineers Department, Colombo
London, 1951, p. 479.

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UNIVERSITY OF
(d) the open grasslands and marshes. a whole enjoys adequate open spaces ever, the geographical distribution semi-public open spaces are either i The effect of these spaces on the cita
Northern Colombo areas are spaces. There are a few semi-put and religious institutions. A fair a is found in the north-east. The us mation and flood protection meast with public open spaces; such as the Devi Park (formerly Victoria Parkof race course (116 acres), the golf (217 acres), together with the exte the schools and the clubs. These therefore of recreational significal Colombo is comparatively poorly and Havelock Golf links. (41 ac. Holliday, a useful intra-urban g| the built-up area giving a Continu scattered public, semi-public and looks too grandiose a project beyo
cipality.
It is necessary to examine the f in reference to the accepted zonat Plan (Fig. 6).7
The proposed commercial area from the core such as the Galle Roa up to Homagama, the Kandy Road Ja-ela and also along the major tho urban towns. But, a close study of arteries residential and commercia functions along the roads have de
7. P. Abercrombie and O. Weerasinghe (unpublished).

CEYLON REVIEW
it can certainly be said that the city as in relation to the built-up areas. Howis uneven and most of these public and in the outer-zone, or along the fringes. y is therefore marginal.
rather poorly served with public open blic grounds belonging to educational Creage of open grass land and marshes e of these areas partly depend on reclares. Central Colombo is well served Galle Face Green (41 acres) Vihara Maha -82 acres), the large semi-public space links (213 acres) and the three lakes, :nsive playing fields of the University, spaces are above flood level, and are nce throughout the year. Southern served with Havelock Park (21 acres) res). As proposed by Professor C. reen belt could be planned around bus park system by linking up these private open spaces. However, it nd the finances of the Colombo Muni
VI
unctional zones delineated and discussed ion system of the Colombo Regional
s are along the arterial roads that radiate d up to Moratuwa, the High Level Road up to Kelaniya, Negombo Road up to roughfares leading up to the other subthe Figs. 2 and 6 shows that along these uses are intermixed. Since different Iveloped irrespective of any functional
, The Colombo Regional Plan. Colombo, 1947.
158

Page 72
FUNCTIONAL ZONE
Zonation system, non-conforming uses and these cannot be separated easily.
planned and uncontrolled growth ar. Colombo Regional Plan Zoning syster in the future residential and industrial arteries giving an entire monopoly oft
The two patterns associated with Plan are also identical with those in th heavy, obnoxious and dangerous indust whereas the light industries are intermix
areas, especially along the major thorou
As shown in Figures 2 and 6, the r cross roads, lanes, avenues and paths. both in the city and in the region seen be emphasized that this wide zone to be dormitory area, should necessarily b floods. Considerable river control me; and poldering operations are therefore areas may also come under agricultural the city, some of these reclaimed areas - especially for parks, playgrounds and is no need to plan for open spaces exce
Finally, planning in the city to be el cooperation, and collective study betw. and Country Planning Department. region,9 (Colombo Regional Plan) sho of the seventeen local government un Country Planning Department, Centr: consultants. Absence of coordination other local units, lack of integration inexperience in this field are the present
8. Report of the Committee on Reclama around the City of Colombo. Ceylon Sessional - 9. ''An Outline Planning Scheme for the (unpublished) Department of Town and Countr
159
 
 
 
 
 
 
 
 

S OF COLOMBO
have consequently been established This is obviously the result of unld expansion of the city. If, the n is strictly followed perhaps, then uses may cease to flank along these hese zones to commercial uses.
industrial zoning of the Regional
e Colombo city. For example, the ries are zoned along the urban fringe, ed in the commercial and residential ghfares.
esidential areas are mostly along the The provisional residential areas to be widespread. But, it should ! made an effective, healthy and safe e protected from the menace of asures, reclamation, filling, drainage : essential. Perhaps some of these or recreational uses. Even within may be put under recreational uses, open spaces.8 In the region, there it in the town areas within it.
fective calls for the closest degree of een the Municipality and the Town Planning the city in relation to its uld be the collective responsibility its of the region, the Town and tl Planning Commission and other between the Municipality and the of plans, financial difficulties and
problems.
B. L. PANDITHARATNA
ion and Utilization of the Swamps in and Paper, XXIII—1957.
Regional Development Area of Colombo, y Planning, Colombo, 1957.

Page 73
UNIVERSITY OF
RELEF SURFACES
 

CEYLON REVIEW
160
.÷
Fig. 1

Page 74
FUNCTIONAL ZONE
FUNCTIONAL ZONES
C - Airs
The Fort-Multifunctional centre - 10, The Pettah-Wholesale and retail centre 11,
The retail shopping junctions and business 12.
ribbons The Inner mixed zone The Intermediate mixed zone The Outer residental zone Special trades area (coconut oil) Open grasslands and marshes Dangerous and offensive trades areas
161.
 

S OF COLOMBO
Fig. 2 Coconut storage area Rubber smoking area Railway yards P-parks, playgrounds, golf links, race course
G-Gas work
B. S-Bus stand W. R-Water reservoir CE-Cemetery R. S- Railway station.

Page 75
OF
UNIVERSITY
Jetties J. 1 — Kings Jetty J. 2— Price of Wales J. 3.– Sydney J. 4— Melbourne K. G. J–Kochchikade grain jetties G. J— Guide jetty G. R— Graving dock
Warehouses
F. W–Fort warehouses D. W.—Delft warehouses B. W–Baghdad warehouses P. W–Pettah warehouses K. W. —Kochchikade warehouses C. G.--Chalmers granaries H. H—Hamilton hangers
W—New warehouses
 

CEYLON REVIEW
COLOMB O HAR BOUR - || 457
锡安g
și var gráfico假 ، ーシ
Qシ... :(2:4), osoɛ wɔɑ
*零零零零零 俗には
A『ミ』きAAy きふ島 獅eき*
162

Page 76
O{{WNOTOO HO SPINOZ TVNOIJLONO-H sae|-
 

み
o
e ح
«ሰ
ܐܸܫ
ܐ
163

Page 77

ÁæAAȚsťYŁ "OJsɔɔtsɔpssƏH ‘9Soļuess og sɔɔɛɖs髮∞oss puɛ sɔŋeuwag sosno prva sấuptinqaloa og sosyuroid put sɔɔsgo sopistuuroo 'sdoso (soos Pos^ '^ Sț34OH ‘ALsɔIOļs nūɔtuŋu edɔCT * s;
sấupIsnq ɔIȚqnd puɛ sɔɔŋgo suɔlʊʊ sɔAoÐ ‘I

Page 78


Page 79
UNIVERSITY OF CE
164
 

YLON REVIEW
لمحیصحساسا
53o C H AINS
) HOUSE Types
reverears-(-28ooo coん7/avovsー(* coops-f/ouses
tso LATé 42 (3-4) ROOMS- CornA GARS Zasr class-(> 5)ę oOrs-60/6440% Aocas a for & Co^7a7fac//94, 9 of 4.42//vos
oApatay saACaS
Fig. 5

Page 80
ZC
FUNCTIONAL
Essey,
PruулмолuАХХ->
 
 

)NES OF COLOMBO
COLOMBO REGIONAL PLAN
ca. 4 o“ - 1 an
as
Reference
OUNDARY OF REGION.
boundary of LOCALALTHORrties....
PROPOSED COMMERCIAL AREAS,.
PROPOSED INDUSTRA AREAs
PROPOSED RESIDENTIAL AREAS,...,
Provisional ResiCENTIAL AREAS
PROPOSED AGRCULTURAL AREAs....
open SPACEs....................
Bretor correy Rayne.
Printed by survey Depl. Cayloa.oyal
Fig. 6
165

Page 81
FUNCTIONAL ZONES
LIST OF ABBR
(All Pali texts referred to are the editions C
mentioned).
A.
AA
Abhs
Abναι
Aths
BPR
CP
DA DhA.
Dhs
It
JA JIPTS
Amguttara, Nikāya,
Manorathapūraņī, Aṁguttar Abhidhammatthasaṁgaha ( Abhidhammatthavibhāvinīsaigaha—Vidyodaya. Tīkā and P. Vimaladhamma (CC Atthasālinī, Dhammasanga Buddhist Philosophy of Rel
Compendium of Philosoph, saṁgaha, by Shwe Zan Au]
90.
Dĩgha, Nikāya. Sumaigalavilāsinī, Digha-at Dhammapada-atthakatha. Dhammasahganī. ItiVuttaka.
Jataka-atthakatha. Journal Of the Pali Text Soc Majjhima, Nikāya. Papañcasūdanī, Majjhima-aț Milinda Pañha-ed. Trenckr Pali English Dictionary (Pal Rg Veda.
Samyutta, Nikāya.
Sārathappakāsinī, Samyutta
Sutta Nipäta.
Theragāthā.
Therigāthā.
Tikapatthäna, including the University of Ceylon Review Udāna.
Vinaya, Pitaka, Visuddhimagga.
166
 
 
 
 
 
 
 
 
 
 
 
 
 
 

OF COLOMBO
EVIATIONS
I the Pali Text Society, unless specifically
-atthakatha. PTS. 1884).
-commentary to the AbhidhammatthaPublication, Vol. I. edited by D. Paifiasara lombo) 1933.
i-atthakatha. ations-Ledi Sayadaw.
7-Translation of the Abhidhammatthag, edited by Mrs. Rhys Davids (London)
țhakathā.
iety,
Ițhakathā.
tᎾᎢ .
iText Society's edition).
-atthakatha.
commentary of Buddhaghosa.

Page 82
A Prolegomena t
Relations
Buddha's discovery in the ligh in India before and dur
1-Man, The Object of Inquiry
HE attention of the philoso more on the individual thair western world where the a directed to the problems of the extel Their speculations on the reality of speculations on the reality of man. ted by an interest in the individu stimulated the philosophic spirit. harmonious kinship between religic strived to divorce theory from requisite of Conduct, philosophy se fore in India, the philosophic atte started with the thinking self
Know thyself (ātmānam viddhi) religious pursuit. This subjective a truth is one of the salient characteri
The Brahmajala Sutta2 among of innumerable theories about the 1. and the world (loka). As is evidei with philosophical speculations wh A congeries of conflicting theories reality was formulated by teacher thought depending on definite ey to the Brahmajala Sutta, these te: mostly depended on testimony, dep
1. Brhadäranyaka Upanişad II. 4.5;
Etad ñeyyam nityam evâtmasamst Nátah param veditavyam hikificit
2. D. I. Il ff.
3. M. L. 520 ff.

O the Philosophy of in Buddhism
t of the Philosophical Atmosphere ing the time of the Buddha
pher and thinker in India was centred on the external world unlike in the ttention of the philosopher was more inal world divorced from the individual. the external world was derivative of the Interestin the environment was prOmpal. It was the problem of religion that There was to be noticed in India a very in and philosophy, for the Indians never practice. Knowledge being the preved as a corrective to religion. Therempt to determine the nature of reality and rarely with the object of thought 1 summed up the whole endeavour of pproach to the realization of the deepest stics of Indian thought.
a host of others, testifies to the existence lature and reality of the individual (atta) nt from these texts, India was seething en the Buddha appeared on the scene.
about the internal as well as external is and founders of separate schools of pistemological standpoints. According lchers, excluding the theologians who ended on two ways of knowing, namely
Svetāśvatara Upanişad II. 12. ham
167

Page 83
THE PHILOSOPHY
the intuitional and the rational, in pr olfe hand there were the rationalists (tak and dialectics (takkapariyahatan vintainst about the reality of the individual an whom we might aptly call religious ti the realization of truth about man and taining the mind (atappan anvaya padh were able to reach such rapture of mi that they could gain extra-sensory po births (pubbenivasanussati) and the know ance of beings (cuttipapata fiana) by whi the truth.
2.-Development of the Tuvo Trends
Out of these two trends, one the ra it appears that the former dates back t earlier. If, for example, we take into c dealt with in the Rg Veda, later develo the Upanisads, we see that it is a theori Veda we do not come across the belie life-after-death theory6 which held that at death, passes on to the heaven where the first of the mortals to go there.7 F he enters upon a life of bliss which is frailties, in which all desires are fulfilled; Life here was considered to be everlast the wicked had no place in this heaven merit by performing sacrifices etc., are fall into a bottomless pit of darkness.8 Brahmanas it was believed that more t greater was one's store of merit. This r status within heaven. These speculati If the length and glory of one's next life the sum total of merits is limited, then th
D. I. 16. ibid., 13 ff. RV. X. 14. ibid. X. 14. 2-Yamo no gatur prathamo ibid. X. 132. 4; IV. 5. 5; IX. 73. 8; X. Il 4
168

OF RELATIONS
opounding their theories. On the ki, vimansi)4 who resorting to logic inucaritan) constructed their theories l the external world. The others, Bachers, depended on intuitions for universe. By a gradual process of ӑтаці атрӑуа атиуogаці атрӑya) they nd (tathārūpa ceto samādhi phusati) wers such as reminiscience of past ledge of appearance and disappearch they could verify for themselves
tional and the other the intuitional, o the time of the Rg Veda, if not onsideration the problem of survival ped in the Brahmanas and some of y of speculative origin. In the Rig fin rebirth. We find only a oneman on the dissolution of the body he revels in the company of Yama, Here, uniting with a glorious body, free from imperfections and bodily and which is passed among the gods. ing. It was taken for granted that for only those who have acquired born there. The sinners are said to When we come to the time of the he number of sacrifices performed, asulted in the differentiation in one's ons led to a natural development. : depended on what is done here, if he question arose as to what happens
Viveda.
52. 4.

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UNIVERSITY OF
to a man when the stock of merit is ed in the formation of the concepti The greatest fear of the Brahmanic death. Some believed that the se fading out into non-existence-a su hilation. Others suggested that afte of rebirth on earth. In the Upanisa borated and a fanciful description of is also given. A careful examin thus reveal its speculative origin.
Along with this theory of rebi (takki, vimansi) there existed the f developed intuition. There is plen tional method of verifying truth is in but to the non-Aryan tradition wh daro. 12 The sage (muni) who deve Vedas. 13 On the other hand if we by some scholars 14 that the Mohen dian, that of the non-Aryans who and during the time of the advent it to say that the practice of Yoga, as at Mohenjodaro was current amon Due to the assimilative nature of th the time of the Aranyakas, the Ar within their religious system. Afte Vedic civilization and during the t of intuition has become a predomin
When we come to the time of flicting theories about the nature of and the continuance of the soul af Brahmajala Sutta goes on to state these two methods 16 of verification
9. Belvalkar and Ranade. History of 10. Satapatha Brāhmaņa. III. 3. 3. 8; ar 11. Brhadäranyaka Upanisad. VI. 2. 15 12. Punde. G. C.-Origins of Buddhism 13. RV. X. 136 (Kesī Sūkta.) 14. Marshall-Mohenjodaro and Indus ( 15. Wheeler-Indus Civilization. p. 79. 16. D. I. 3.

CEYLON REVIEW
exhausted (ksinyepunye).9 This resulton of 'second death (punar mrtyulo).10 all thinkers was the fear of this second cond death resulted in the individual ggestion of the later doctrine of annithe second-death there was a possibility ds we find this theory being further elathe path by which man returns to earth ation of this theory of survival would
rth which is the work of the rationalist indings of the Yogins (muni) who had ty of justification to say that the intuipt one that belongs to the Vedic tradition ich goes back to the time of Mohenjoloped such powers was a stranger to the : can believe in the theory put forward jodaro-Harappa civilization was Draviinhabited the Indian continent before of Aryans, then we are not hard put to revealed from one of the seals discovered
g the pre-Aryan inhabitants of India. 15.
e Aryan civilization we find that during yans were accommodating this practice r that it became a part and parcel of the ime of the Upanisads the development ent feature of the higher religion.
Buddha we see that divergent and conreality, the reality of the world beyond, ter death were put forward and as the very clearly all of them were based on
From the same Sutta, it appears that
Indian Philosophy. II. p. 27. ld X. 4. 3. 12; Jaiminiya-Up. Br. III. 28. 4. -16. -
(1957), p. 256.
Divilization. I. 70.
169

Page 85
THE PHILOSOPHY
they were not only the rationalists who speculations of this nature, but also the had a glimpse into the nature of reality of perception, who began to speculate : lation on their findings led them to desc to his own whims and fancies 17 and thus Buddha describes how these religionist powers had been able to penetrate into depending on that knowledge and ma reality. So it was not only the ratione tionalist, who began to speculate on w lopment of intuition, who entered in nature of reality.
There were eternalists (sassatavadi) and permanancy of the individual self unqualified eternalists (ekaccasassata-eka individual self and the world to be pa were believers in fortuitous origin or navadi)21 and some others believed in God (issaraninnamavadi).22 Lastly, to who very strongly held that the indivi hilated, is cut off and destroyed (ucched
These wranglers went on abusing several theories with the help of logic of them held to be true and irrefutab equally convincing arguments.25 The either all of those theories should be c alternative cannot be accepted for there The Kalahavivada Sutta27 very clearl
17. D. I. 14.
18. Ibid. 13-14.
19. Ibid., 13 ff.
20. Ibid.
21. Ibid. 28 ff.
22. M. III. 222 f.
23. D. I. 34 f.
24. Sin. 886.
25. Yamāhu saccam tathiyam’ti eke,
Tamāhu aññe tuccham musā’ti.—Sn. 88
26, ibid. 890.
27. ibid., p. 168 ff.
17(

OF RELATIONS
engaged themselves in metaphysical mystics, as mentioned above, who by developing the higher faculties und thus fell into difficulty. Specutribe that reality each one according came about the diversity of theories. s who had developed extra-sensory a limited period of the past 18 and de declarations about the nature of list philosopher, but also the Intuihatever he discovered by the deveto the controversies regarding the
19 who believed in the continuance (atta) as well as the world (loka); icasassatavadi)20 who considered the rtly eternal and partly not. There chance occurrence (adhiccasamuppanthe creative activity of an almighty be met with, were the materialists
dual after death is completely annivādī).23
one another and demonstrating their and reason.24. The theory that one le, the other proved to be false by refore the alternatives left were that orrect or all were false.26 The first cannot be several truths in the world. y analyses this situation and shows

Page 86
UNIVERSITY OF
the futility of all speculative theo they do not contribute to knowlec fool; and the other retorts with the Sutta if they were both correct, ei should both be wise men and the religionists.28 Unfortunately these to a considerable amount of heart-b. their quest for knowledge was com to have been aware of the nature
reason, that they were making use
It is, therefore, not at all surpr Buddha, who had come with a n. dissatisfaction with regard to the tea teachers.29. The statement of the K: of this dissatisfaction and remorse. paid a visit to Kesaputta, the Kalama recluses and brahmins come to K proclaim and expound it in full bu it, revile it, depreciate it, and Cripp brahmins, on coming to Kesaputta, Sir, we have doubt (kaukha) and w teachers is speaking the truth and v result of these endless logomachies, passage, was chaos and disintegratio was really injurious to man's ethi in thought was leading to anarchy metaphysical conceits and the habit of reason by the subtle disputes of s or happiness. Moral life descendec subtleties and theological discussion people. A correct evaluation of th only in the light of this background and reflects the tendencies of the tir realize the point of view from whi of thought which made it possible
28, ibid. 890.
29. A.I. 189 f.
30. A., II. 189 f. 31. Radhakrisnan-Indian Philosophy, 32, ibid. p. 352.

CEYLON REVIEW
ries and philosophical controversies as ge. One philosopher calls the other a same term of abuse. According to the ther they should both be fools, or they re should be no fools at all among the : arguments engender passion and lead reaking and thus the real purpose behind pletely defeated. None of them appears and scope of the main instrument, i.e. bf.
ising to hear people complaining to the ew message of hope, about their utter chings of these philosophers and religious alamas of Kesaputta is a shining example Approaching the Blessed One who had is are represented as saying, 'Sir, Certain esaputta. As to their own view they it as to the views of others; they abuse e it. Moreover, Sir, other recluses and do likewise. When we listen to them, avering (vicikiccha) as to which of these which speaks falsehood.' 30 The direct as would become clear from the above n of values. This indecision of thought cal interest and endeavour. “Anarchy - in morals. 31 Minute distinctions of ofrestless questioning, or the refinement ects did not lead to man's emancipation to a low ebb due to the metaphysical is absorbing the time and energy of the le Buddha's teaching would be possible for 'every system of thought embodies ne, and cannot be understood unless we
ch it looked at the world and the habit
32
Vol. II. p. 353.
171

Page 87
THE PHILOSOPHY
A correct and true estimation oft 1aade only against this background w the Pali Nikayas.
3.-Buddha's Discovery
The foregoing remarks describe th the Buddha was born and bred. He that he had been, before he attained (pubbe va abhisambodha), a follower of The Pali texts stress the fact that the without the help of a teacher; 34 and the final stages of emancipation. Th beyond the limits in their elaboration o references in the Pali canon would she (name acariyo atthi) only in a qualified gone beyond his own teachers like AlFrom the Ariyapariyesana Sutta,36 as Samaniaphala Suttas, 37 it is clearly ev resorted to yogic concentration, i.e. A careful analysis of the contents of th the fact that the Buddha attained per following the same path along whic Uddaka Ramaputta. Even if we are t path, recommended in the Buddhist of final emancipation (saññãwedayita-n preceding two rungs in this ladder of states, "the sphere of nothingness" (a neither perception nor non-percept attainment of which the Buddha is sa Uddaka'41 respectively. ܘ ܝ ܙ
33. M.I. 77 ff; 163 ff.
34. ibid. I. 171. 35. Lalita-vistara. See E. J. Thomas-The 36. M. L. 160 ff.
37. D.I. 70 ff.
38. M. I. 60.
39, ibid.
40, ibid. 163-5.
41. ibid. 165-6.
17.

OF RELATIONS
he teachings of the Buddha could be
hich is so clearly portrayed to us in
Le philosophical atmosphere in which himself bears testimony to the fact perfect and supreme Enlightenment many of these schools of thought.33 Buddha had attained Enlightenment this is acceptable with reference to Le Mahâyânist Scriptures have gone f the same theme. 35. Other frequent w that he was said to be teacher-less sense; in that he had transcended or āra Kālāma and Uddaka Rāmaputa. well as from the Brahmajala and ident that he, in his search for truth, the intuitional approach to reality. 2 Ariyapariyesana Sutta would reveal fect and supreme Enlightenment by he was led by Alara Kalama and o take into consideration the gradual texts, which leads to the attainment irodha) we see that the immediately spiritual development are the two kincannayatana)38 and 'the sphere of ion' (nevasafinanasafinayatana)39 the id to have learnt under Alara 40 and
Life of Buddha, p. 46 f.
2.

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UNIVERSITY OF
All the references to the Buddha in the Pali Nikayas, are agreed in
intuition (abhiññā) and through tha was clearly aware of the difficulties decessors and contemporaries had
made to say that the truth, the di profound, imperceptible, of difficul sphere of logical thinking (atakkal immediate contemporaries he clean volved in describing in symbols lik extra-sensory perception. The relu or to impart the truth that he had not only by his awareness of the pro in the Ariyapariyesana, 43 but also b the attempt to explain and so cor which transcends all forms of conce
4-Buddha's Silence Regarding Ultim
Culla Malunkya Sutta of the pragmatic value of the Buddha's sil reality. "Whether there is the vie there is the view that the world is in there is dying, there are grief, sorr the suppression of which I lay dow problems of ultimate reality was utilitarian value. It does not solve nation of suffering.
But this is not the only reason silence with regard to such questions reason given in the Aggi-Vacchago Nikaya, 46 which explains the intelle from the attempt to describe and e thing that is transcendental. Here was at a loss to understand the Buddl
42. D. I. 12; M. I. 167. 43. M. I. 167. 44. ibid. 430. 45. ibid., 483 ff. 46. S. IV. 392-3; 396.

CEYLON REVIEW
's attainment of supreme Enlightenment, saying that the Buddha had developed it verified the truth. But the Buddha and contradictions into which his prefallen. It is because of this that he is lamma, discovered by him is not only t comprehension but also transcends the acara). 42 Unlike his predecessors and ly saw the difficulties and dangers ina words a reality which is open only to ctance on his part to teach the doctrine discovered to the people was prompted oneness of humanity to sensuality given y the intellectual difficulty arising from Ivince the people of an ultimate truth ptions and hence of logical thinking.
ate Problems
Majjhima Nikaya describes only the
ence pertaining to problems of ultimate w that the world is eternal or whether lot eternal there is birth, there is ageing, ow, suffering, lamentation and dispair, ge here and now.'44 Speculation on the thus, according to the Buddha, of no : the immediate problem of the elimi
which prompted the Buddha to observe . There is another, and more important, Ita Sutta's and repeated in the Samyutta ctual difficulty, i.e. the difficulty arising xplain in empirical terminology somewe are told how a man called Vaccha la, how he was bewildered and confused
173

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THE PHILOSOPHY
and how even the measure of satisfaction with the Buddha was lost, due to the ind to the questions he raised pertaining ti Buddha's reply was that he ought to
bewildered and confused, for this dhamma to see, difficult to comprehend, peacefu kavacaro), subtle and intelligible to the similes he goes on to explain how suc denoted by terms and symbols, such : originated in the explanation of phenom to Kant49 are “categories,” cannot be
them. "Critical philosophy’ which K. Western world,50 was initiated by the B
This same difficulty is explained in th there is comething inherently wrong in t speculation starts. On a careful examin to rest on three things i.e., things seen (d. cognised (muta). 51 These three things experience, the sphere of discursive rease the states transcending the sphere of ser terms of concepts belonging to the spher 擎 Logical thought works with concep possible experience undergone by the it uses is, therefore, the world percept reason the forming of conceptions, and is limited to that perceptible world. W through our senses cannot be caught a cannot therefore be made the object o within the realm of logical or conceptua
Out of the two reasons discussed a silence, one the pragmatic and the other
why the Buddha did not and the latter why
47. M. I. 487.
48. ibid.
49. Critique of Pure Reason-Tr. by Normar
50. Höffding, H.-A Brief History of Modern
51. Sn. 887.
, ibid. 874.
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OF RELATIONS
he had from former conversations efinite replies given by the Buddha the nature of ultimate reality.47 entertain doubts, he ought to be this ultimate truth, is deep, difficult , excellent, beyond dialectic (atakwise. With the help of several h transcendental truths cannot be is those of language, which have ena. 48 Concepts, which according applied in the attempt to explain ant is said to have initiated in the uddha in India, centuries ago.
e Sutta Nipata, according to which he very premises, from which such ation and analysis they are all seen tha), things heard (suta) and things belong to the sphere of sensening (sainia).52 Hence, no doubt, se experience are indescribable in e of sense-perception.
tions in which the totality of alli senses is preserved. The material ble to the senses. For that very thereby al logical thought per se, that is not accessible to perception hd shut up into a conception and logical thought. It does not lie I thinking.
bove with regard to the Buddha's the intellectual, the former explains the could not explain such problems.
Kemp Smith, (1950), p. 308 f. Philosophy, (1922), p. 138.

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Some of the modern-day R the Buddha uses the expression at without exception, exclusively an speaking of the state of a Delive1 are reluctant to believe that by declared his doctine itself (dhamn or reasoning, for they argue, "F interpretation would be, has, no the foregoing alone. He who by energetic logical thought and ref to the state of Nibbana, to the fin. himself (and in the sternest mann declares his doctrine not to be v. doctrine which, in its totality, is r road to Nibbana, to the final goal
By trying to place the state ( the realm of logical thinking thes of some important statements in place the logical thought and refle up in the next stage of the develo is able to develop the higher facu could see the nature of reality. SS N buteven the reality ofa person wł being propelled by his own kamm thought for it is perceived only b such as the knowledge of the remi fiana) and the knowledge of the (cattipapata fiana), the contents of W
From this it becomes clear the but also the reality of the unperf external world, were indescribab perception. This appears to be th
53. George Grimm-The Doctrine of th -Edited by M. Keller-Grimm and Max
54, ibid. p. 390. 55. D. I. 74.
56. ibid. 12. Note also the significan this faculty of seeing.

F CEYLON REVIEW
ationalists have expressed the view that kkávacara in one clearly defined case enly, i solely, and this unique instance is when ed. One (nibbuta or parinibbuta).53 They ising the term atakkávacara Buddha had 'a) to be inaccessible to logi thought (ow utterly absurd, howev any such doubt, become sufficiently lent from r concentration of the mind united with exion, defines the road to the Absolute, 1 goal, thereby certainly does defend r at ) against the insinuation that he rithin the realm of logical thought-his othing but the road to the Absolute, the
'54
of the Delivered One only to be beyond e scholars have betrayed their ignorance the Pali texts themselves. In the first xion which they refer to has to be given pment of the mind only after which one lties of perception (abhinna) and thereby Not only the state of the Delivered perso;', no passes from one existence to the other, a, is said to be beyond the realm of logical the development of the higher faculties niscience of past births (pubbenivasanussati disappearance and appearance of beings thich too are described as atakkavacara.56
it not only the state of the Perfected One, acted individual as also the reality of the le and are open only to extra-sensory e same position held by Kant, the 'father
2 Buddha, The Religion of Reason and Meditation Hoppe, (1958).
e of the term attikkantandiniusaka used to denote
л
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of critical philosophy in the Western outer world causes only the matter apparatus orders this matter in space an means of which we understand experi are the causes of our sensations, are unk be described by any of those general cor Therefore, critical philosophy starts wit times, showed the nature and scope of ries ago.
But through compassion for the though with reluctance and hesitation, a that he has discovered. He was perfe lay before him. Anyhow his skill i Mahayanists would call it) came to his
He adopted the graduated method katha). 59 Knowing fully well the limi grasp and understand anything, he decl not come all of a sudden (na ādiken’ev, gradual training (anu pubbasikkhā anup
3 could be able to realize for himself th recognise the validity of some epister
which an individual, who had not att convinced of the truth, before he coul these epistemological standpoints are a the problem of truth. It should be c dhamma, the truth that he had discove) thought, eh made an attempt to describ mately. This description is so essentia and thus lead him on to the correct pa begins at this stage when he attempted t in language as approximately as possil only by religious experience.
57. Critique of Pure Reason, p. 134 ff. 58. Dasabhumika-sutra, pp. 95, 127, 490; I 59. D. I. l 10; III. 4 l. sq.; M. I. 379; JA. I. 8 i 60. M. I. 395; 479; III. 213; S. III. 224; JA.
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OF RELATIONS
world. According to Kant,57 the bf sensation, but our own mental d time and supplies the concepts by ence. Things in themselves which 1owable, . . . . . . . . . ... nor can they cepts which Kant calls “categories.” h the Buddha who, like Kant of our logical thinking, twenty-five centu
suffering humanity, the Buddha it last decided to preach the dhamma ctly aware of the difficult task that in means (upayakausalyata58-as the
ICSCԱC.
I of imparting instruction (anupubbi ted capacity of the ordinary man to ared that ultimate realization would 1 airiaradhanan) and that only by a bhakiriya anupubbapatipada) that he e deepest truth.60 This led him to nological standpoints by means of ained realization, would be at least ld realize it. Let us consider what iter the analysis of the statement of learly kept in mind that, since the red was beyond the realm of logical e the salient features at least approxifor convincing the ordinary man th. The philosophy of the Buddha D state the problem, i.e. to put down ble the truth that could be reached
alita-vistara, pp. 345, 474. }; Miln. 228.
I. 567.

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Buddha's Statem Light of Pre
5-Theories Rejected by the Buddha
The Buddha's analysis of the prompted by purely ethical and pr sophical discussion of the theory of texts. It is only from the discourse the theory of causality to explain philosophical standpoint could be g of causality is to be met with in the all of which the Buddha rejected. represented as preaching his own d background could the value of it b
(1) that suffering is caused by is the theory of self becoming acc events are due solely to the individ is analysed as: 62 “ The statement determined entirely by his own nat to the contrary. The whole univ individual. It is at least physical altogether apart from the world si Not only is an individual influence but also he is influenced by the pj within which he lives. Even if he the influence of other individuals, his own physical frame which is e rejected this view as being untenab
This theory is based on the pl different from the cause and is sc potential it becomes actual. This the Sankhya system of Philosophy duced from themselves and extern production.
61. S. II. 18 ff.
62. W. S. Karunaratne-Concepts of dhism-UCR. Vol. XVII, Nos. 3 and 4.
63. Murthi-Central Philosophy of Bu

CEYLON REVIEW
2nt of Causality in the Buddhist Theories -
heory of causality, it must be said, was nctical considerations. A strictly philojausality is rarely met with in the Nikaya in the Sutta Pitaka where he had applied the fact of suffering (dukkha) that the leaned. Such a treatment of this theory Acela Sutta.61. It discusses four theories Against these current views Buddha is octrine of causality and only against this
assessed. The four theories are :
oneself (sayankatan or attakatan). This ording to which all human actions and ual's own agency. The whole position that the behaviour of the individual is ure is contradicted by empirical evidence verse constitutes an environment to the ly impossible for an individual to live ince it is the ground on which he lives. Iš d by other individuals surrounding him, hysical forces, the physical environment were to escape the physical environment, yet he cannot live altogether apart from xternal to his mind. Hence the Buddha le.
ilosophical notion of effect as not being mething inherent in the cause. Being is the theory of causality advocated by .63 According to them things are proal factors are not contributory to such a
Freedom and Responsibility in Theravada Budv. 79. -
ddhism. p. 133.
177

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THE PHILOSOPHY
(2) that suffering is caused by other view human behaviour is determined by Sometimes it may be determined by e. (issara), or some times it may be physic haviour is entirely determined by ext instance, two individuals placed in ident act and react in an altogether identical m
This theory can be said to be based o held by the Naiyayikas05 according to w pletely different from the cause. It is sc CAUSC.
(3) that of the Jains who combine th above, insisting on the continuous as well: Because each of these views asserts som accurate, an organic integral unity, a homc by putting them together in this manner
(4) that of the fortuitous originist that events arise unrelated to the past. Everything in this universe is due to char
6.-Buddha's Statement of Causality
It was against this background that t conditionality (paticcasamuppada). He dic views. Nor did he try to bring about a views as the Jains did. In the interest allowed the continued existence of the reformulated the whole thing altogether the facts as fully as they are found. Ti patipada) that he staked out.
A careful examination of the above sophical basis is concerned, would reve least to the first three. It appears that t lysed the whole causal process into two and effect. This arbitrary compartment
64. W. S. Karunaratne-ibid. p. 80. 65. Murthi-libid. p. 133.
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DF RELATIONS
(paramkatan). According to this factors external to the individual. ternal individuals including God factors. " If it is true that betaneous circumstances, then, for ical situations can be expected to nner.'64 But this never happens.
the philosophical theory of cause hom the effect is something commething new and other than the
e two extreme views enumerated is the emergent aspect of the effect. ething that is incomplete and ingeneous whole, cannot be obtained
(adhiccasanluppannika) who held There is no order in the universe.
CC-OCCUTC1)CC.
he Buddha preached his theory of not advocate any of these extreme reconciliation of these conflicting of consistent completeness he dis:wo theories as two extremes and afresh by taking into consideration his was the middle path (majjhima
theories, in so far as their philoall one salient feature common at nese three schools of thought anawater-tight compartments as cause alization of the causal process into

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cause and effect created insuperabl theories and left their theories op mikas66 at a subsequent period.
Buddha was quite aware of thes a division of the causal process int is very clearly set forth in the word posed by Mara as to how this pe sented as giving the following ansv
Neither self-made this boa By other wrought is this i By reason of a cause it car By rupture of cause it dies
Not being satisfied with this process, with the help of a very st light all the prominent features of runs thus
" Like to a certain seed so Which, when it lighteth c And moisture likewise, by So the five aggregates, the And the six spheres of sen By reason of a cause they By rupture of a cause they
The salient features that stand cription are firstly,
(a) that Buddhism does not an tight compartments as cause (hetu existence of a plurality of causes.
66. Madhyamika Kārika, I. l. 67. S. I. 134.
68. I have replaced the phrase “the phrase this body’.
69. The Book of the Kindred Sayings,

FR CEYLON REVIEW
e difficulties for the advocates of these 2n to attack especially by the Madhya
conflicts that would result from such o cause and effect. The Buddhist view ls of Bhikkhuni Sela.67 To the question rsonality had come about, Sela is repreVC.
ly is, 68 nor yet ill-plighted thing me to be
away.69
much she goes on to explain the causal
iking simile, a simile which brings into the Buddha's theory of causation. It
wn in the field
in the taste of earth ܗ
7 these twain doth grow, པགས་ན་ : elements,
se-even all these
come to be
7 die away.”
out very prominently out of this des
alyse the causal process into two water) and effect (phala) but recognises the The commentators who grasped the
puppet occurring in the translation with the
I. 69.
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THE PHILOSOPHY
real import of this description go on to sa saiaggi)70 is necessary for the arising oft bhangi) they explain as the deficiency vekala).71 The group of causes (hetu-sa not be able to do so were they mut Therefore through mutual dependence, they produce the resultant states, not a p on account of (paticca), not regardless of ( (paccaya såmaggi).74 The emphasis on t fact that if the process is deficient, if any then the desired result would not follow
The causal process examined in the as cause and effect and also it cannot be and the tree, the effect. For, the existen for the arising of the tree. In the first the potentiality to produce the tree, for, 1. a seed thrown on a dry land or even o forth. It would be destroyed for lac Therefore to say that the seed is the ca not be correct since the cause must alw we cannot speak of a law of Causation Would become clear from the simile tha causes. Along with the seed there also (pațhavi rasa) and moisture (sineha) not 1 Sunlight, etc. Therefore according to there must be a harmony of causes ( mental as well as physical phenomena several causes.
(b) Secondly, that this plurality of c. produce the effect are related to the effe of this salient feature revealed by the si understanding of the theory of Relation
70. Vism. p. 521. 71. SA. I. 93. 72. Vism. p. 52l. 73, ibid. 74. Vism. p. 521. 75. S. III. 54. 76, ibid.
18O

OF RELATIONS
y that a harmony of causes (paccayahe effect. Rupture of cause (hetu
of the necessary causes (paccaya Hitha) producing some effect would 1ally independent and deficient. 72 qually (samaņi) and together (saha), rtion at a time.73 Anything arises paccakkhaya) the harmony of causes he harmony of causes points to the of the necessary causes is not found,
fion that.
simile cannot be analysed into two said that the seed (bīja) is the cause ce of the seed alone is not sufficient place it must contain within itself lot all seeds are fertile.75 Secondly, in a rock would not always sprout k of other requisite conditions.76 use and the tree, the effect would ays produce the effect ; otherwise
(niyama). On the other hand, it ut there must be not one but several must be the essence of the earth to mention the fertility of the soil, the Buddhist theory of causality paccayasamaggi). Any instance of is thus the result of a harmony of
uses or the various causes that go to ict in diverse ways. A knowledge mille would be a clue to the proper (paccaya) analysed in the Patthāna.

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The plurality of causes that go to p. essence of the earth and moisture a number of ways. There is no di described as the main cause or the r ding to the Abhidhammikas).77 N sunlight serve as food (i.e. aharathe tree. It would not be wron (i.e. nissaya paccaya) on which the t
For reasons adduced below, th immediate successors, was directed causation. They were not intere things (dhamma) are interrelated.
With the insight he gained as at Gaya on the full-moon day, the deepest truth about the nature of orderliness of things, how they aris causally conditioned. Phenomena a state of flux (Santati), continually not constituted of discrete momen are dynamic processes which coul (sota). 79 This reality is not given to extra-sensory perception. This menon bears to the other is static within this framework, under thes but never static. Phenomena (dha orderliness according to which ti among these phenomena, is found where. It is the knowledge of this that "Whether there be arising of arising, this nature of things (dham causal status (dhamatthitatā), this relatedness of this to that (idappacca of the causal law. It is said that t
77. Tikap. II. 12. 78. Vin. I. I f; Ud. p. 1 f. 79. D. III. 105; S. I. 15; IV. 126. 80. S. III. 25.

CEYLON REVIEW
oduce the effect, in this case the seed, e related to the effect, i.e. the tree in a pubt that the seed in this case can be bot cause (milatthena hetu-paccayo, accorAoisture, essence of the earth and even paccaya) necessary for the sustenance of to describe the earth as the support ree stands.
e attention of the Buddha as well as his on to the first aspect of the theory of ted in finding out the ways in which
he seated himself under the Bodhi-tree Buddha was able to penetrate into the phenomena (dhamma).78 He saw the 2 and pass away according to set patterns , mental as well as physical, were in I changing and never static. They are tary states succeeding one another, but d only be compared to a flowing river to sensory experience, but is open only orderliness, the relation that one phenowhereas the things (dhanama) that come e relations, are always in a state of flux, mna) are continually changing but the ley change i.e., the relations obtained at all times, in every thing and everytruth that prompted the Buddha to say Tathagatas, or whether there be no such madhatu) remains constant (thitava) this ausal orderliness (dhamaniyāmatā), this yata), '80 thus emphasising the constancy
he Buddha is fully enlightened on this,
181

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THE PHILOSOPHY
has fully understood it, and then goes on manifest, explain and make plain this cau
An apt simile is made use of by t process. In describing the process of co of the causal processes, 82 the Buddha ha Very significant is its comparison to a fic hand a stream is something that cannot b a succession of discrete particles of wate several rivulets or streamlets. Even so existence (bhavasota)84 which is fed by var It gathers momentum and flows fast wi ditions (paccaya). Buddha perceived wit or processes, mental as well as physical (niyāma) with relations. Relations are ol phenomena, as well as among themsely comes to know the cessation of these re cease assailing him. SS Once again it (tathatā), not elsewise (avitathatā) not oth of this to that (idappaccayata) is called t pāda).86
As far as the early Buddhist texts v nation of causality was undertaken with a immediate environment suggested to h a practical solution to the problem of su Culla Malunkya Suttas7 makes explicit t was theorising and speculation around 1 of these theoretical methods to arrive at: to the problem would have emphasised
81. S. II. 25—Tam Tathāgato abhisambujjhu metvā ācikkhati deseti paññapeti pațțhapeti viv: From this description too, it is evident that perception and that the Buddha, makes every at an intelligible form.
82. M. L. 256 ff. 83. D. III. 105. 84. S. I. II, 5. IV. 126. 85. Ud. p. 2–Yada have påtubhavanti dhamn Athassa kañkhä vapayanti sabb, The occurrence of the term paccaya in the plu 86. S. III. 26. --87. M. L. 426 ff.
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OF RELATIONS
to declare, teach, reveal, set forth, sal orderliness.81
le Buddha to illustrate this causal nsciousness (viiiana) which is one compared it to a flowing stream. wing stream (sota).83 On the one e analysed and shown to consist of On the other hand, it is fed by S this causal process, this samsaric ious factors or conditions (paccaya). ten it is fed by the necessary conh his Divine Eye how phenomena are continued in a certain order tained among mental and physical res separately. " Only when one lations (paccaya), then only doubts is said that, " That which is true erwise (amaññathā), this relatedness he causal happening (paticcasanup
would reveal, the Buddha's examipurely practical end in view. His im the expediency of arriving at ffering (dukkha). The tone of the his attitude of the Buddha. There nim ad hauseam. The Very failure and advocate a satisfactory solution the immediate need for a method
ti abhisameti, abhisambujhitvā abhisa
arati vibhajati uttänikaroti.
this truth is open only to extra-sensory
empt possible to express it in language in
ā ātāpino jhāyato brāhmaņas sa,
yato khayam paccayānam avedi. ral is significant here.

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that would, at least as far as the i the inner unrest that was tormen remain untouched by the pervadi
At this juncture Buddha must on the analysis of the various way another. His interest lay not in related but only in the things (d. The need of the immediate enviro in which birth (jati) is related to to know as to what it is that is rela causal relation to decay and death, suffering too could be eliminate examine the statement of causalit The main problem raised here is t and when and how this suffering asesan uparujjhati). In the attemp sutta enumerates not one but sev, things (dhanna) such as the sub (sankhāra), consciousness (viññāna grasping (upadana), birth (jāti), in vacillation (iñjita) etc. The enur the causal antecedents led to th Hence the enumeration of the mo was prompted purely by practice cause is known and eliminated, th effect. After examining the var. (phala) and keeping in mind on Buddhists formulated the general prominent place in the Nikayas. that exists, on the arising of this th not come into existence, on the Prompted by purely practical cons of the general theory of causality most prominent. If not they w
88. Sin. p. 139 霍
89. M. I. 264; S. III. 28—Imasminn Imasmim asati idann ma hoti, imassa nir(

)F CEYLON REVIEW
individual was concerned, save him from ting him. No sensitive individual could ng chaos and disintegration of values.
have thought of the futility of discoursing is in which phenomena are related to one the way or manner in which things are hamma) themselves which are so related. inment was not to know the various ways decay (jara) and death (marana), but only ited to decay and death, what it is that is in so that with its discovery and elimination, d. This would become clear when we y found in the Dvayatanupassana Sutta.88 he origin of suffering (dukkhassa sambhava) could be ended (yattha ca sabbaso dukkhan st to explain the causality of suffering, the eral causes. Dukkha is related to several stratum of rebirth (upadhi), dispositions ), attachment or lust (tanha), clinging or Ception of energy (arambha), food (ahara), neration of the efficient cause as agairt e better understanding of the principle. st important and prominent Cause. This l considerations. If the most important ey knew that they could put an end to the ious factors that are related to an effect ly the most prominent cause (hetu), the rule of causality which is given a very The formula runs : " When this exists at arises. In the absence of this that does cessation of this that ceases to be.'89 iderations the Buddhists in their statement referred to only one factor which is the puld have stated it in a different way,
sati idam hoti, imassa uppada idam uppajjati. bdhâ idam nirujhati.
183

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to wit, 'When these exist that exists, on for causation is not a one to one relation but a
According to the formula given abov and which reigns supreme in every sphere, whenever A happens, B happens and whe not happen. In such a case A and B a doctrine of Papicca-Samuppada (lit. arisir pattern may be in the realm of things (ut yama),92 in psychology (i.e. cittaniyama),93 or in the moral sphere (kannaniyana).95 have this causal character. The truth or of things is the relation that exists between may be various ways in which things ar between A and B may be different fro1 B and C or even A and C, but anyhow the exist various forms of relations, the anal task of the Buddha and his immediate disc
The doctrine of survival after death, consciousness as well as religious endeavol stones of Buddha's philosophy. This doct baten out by argument (takikapariyahats (vimansanucaritain), nor is it one that is t. the Buddha depending on the testimony of existence effects itself in the moment of whose intellect is covered by the dust of to those who have unveiled the covering (i. the higher forms of intuition (parina) by the
90. In this case the former statement should be Imesu santesu idam hoti, imesam uppâdâ idam u imesan mirodhâ, idam nirujhati.
9 L. D. III. 84, 86.
92. S. III. 54.
93. S. IV. 87.
94. ID. III. Il 2; M. II, 32; S. II. 25, 28; A. I. 2
95. A. I. 28.
96. The contention of Dr. Saratchandra, who sa the entire background of popular belief in the con of births and deaths (Buddhist Psychology of ground because in the first place it was not a pop yogi who had developed extra-sensory powers, ()
is truth in the same manner.
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F RELATIONS
he arising of these that arises, '90 many to one relation.
} which is a universal proposition the pattern of events is such that ever A does not happen, B does re causally related. This is the g On acCOunt of). This causal hiyama).9 in biology (i.e. bijaniin phenomena (dhamaniyana)94 The whole universe is said to reality, the ever-existent nature any of these phenomena. There e related. The relation existing in the relation existing between re is a relation. Thus there may ysis of which was not the main
iples.
on which the whole of the moral Ir were based, is one of the keyrine is not one that is formulated ag) or after reflective thinking aken for granted or accepted by
of others.96 How the renewal death is a mystery to those of us gnorance (rajakkhajatika) but not rivattacchada) who have developed culture of the mind. According
reconstituted in the following unanneropajjati. Imesu asantesu idam na hoti,
6, 152; V. 184; Thag. vv. 676-8.
ys that Buddha had taken for granted tinuation of the individual in a number Perception, 1958, p. 87) does not hold ular belief but it was the finding of the D. III. 108 ff) and Buddha too verified

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to Schopenhauer,97 to point ou would certainly mean the solutic to be a problem that from all tir insoluble problem so long as we categories to it which it transcenc
7-Development of the Theory o
Είχίςfence
The Buddha and his disciple causation especially to explain ti Sansaric existence was a need of p
As soon as the Buddha reach of our living on, then without fu lessness of the round of our rebirth of time we have already wande that has conditioned the present 1 the preceding one the first and so ningless infinity of the past. Thu of the Sansaric existence are ince beginning is imperceptible (purin, unless we make our own effort to
This picture of the Sansaric e. to conceive it in the form of a ci to show the beginning or the st reality that they had to describe, t the individual and separate factor (dukkha) in the Dvayatanupassanasi Thus originated the theory of cat is given as conditioning the other manner of a circle without a begi of even this theory of causation a
The first one that we come oldest account of the paticCasamup, is found in the Mahapadana Sutt
97. See Grimm, George. ibid. p. 40. 98. ibid. p. 40. 99, S. II. 178 ff.
100. D. II, 55 f.

DF CEYLON REVIEW
t the bridge between death and rebirth on of a great problem. It is considered me has been insoluble.98. It becomes an
exist in this state and then try to apply ds.
f Causation explaining the Cycle (vata) of
s applied the above mentioned theory of he problem of survival. Explanation of rime importance for them.
ed the insight that rebirth is the real form rther ado, the insight into the beginningis and thereby into the immeasurable space red through is reached too. If the birth ife was not the first one, then neither was on without cessation, back to the beginis according to the Buddha the extremities )nceivable (anamataggo ayan sansaro) the nā koti na paññāyati)99 and so is the end
put an end to it.
xistence definitely prompted the Buddhists rcle (vata) because it is logically impossible larting point of a cycle. This being the he Buddhists took the next step in placing 'S which were given as causes of suffering 4tta, in a certain logic order or sequence. Isality (paticcasanuppada) where one factor. and this conditioning was conceived in the nning. Several stages of the development re noticible in the scriptures.
across and which is considered to be the
pada stated in the manner of a cycle (vata) a of the Digha Nikaya 100 where ten items
ܗܡ.
185

Page 101
THE PHILOSOPHY G
form the constituents of the cycle and areg from the appearance of suffering (dukkha towards the cause ofit in pinana. The sa Sarhyutta Nikaya. 101 The final develop ignorance (avija) and dispositions (sankhar ness (wifinana).
Personality which consists in the in grasping (panica-upadanakkhandha) was cc machine of suffering. 102 Especially this worn out, grey and wrinkled, vitality c dull. 103 Until at last in death entire rui two fundamental qualities of the substra death, give at the same time to the whole transciency, and in doing so make life as S and death, therefore, suffering culminates : and pregnant expression. To the questio to find out the cause of suffering: "Are something a the Buddha gave a positi rebirth (iat). 104 Because old age and de decay and dissolution of this corporeal or tably bound up with its birth. It should aswer to the question and is further proof of causality (paticcasamuppada) with its twe Then the cause of birth was sought after (bhava).105. It is the continuance of the grasping or clinging (upadana) and this t. One grasps something due to ones atta Attachment is the result of sensation (veda determined by the way in which things sensations. There cannot be sensations and contact does not come about unless t experiencing that contact and an external
101. S. II. 104 ff.
02. Viin. I. 10. 103. D. I. 76. 104. D. III. 57 ; S. III. 104. 105. ibid.
106. D. II, 58. 107. D. III. 58.
Y8. S. III. 104.
09, ibid.
186

DF RELATIONS
iven in backward order reasoning
in this world, of age and death me statement is found again in the ment shows twelve links where i) are added to precede conscious
ter-action of the five groups of insidered by the Buddhists as a
corporeal personality, becomes lisappears and the senses become n and dissolution follow. These tum of personality, old age and process of personality the stamp of uch full of suffering. In old age they are sufferings most poignant raised by himself in his attempt old age and death dependent on ve answer and traced it back to ath are nothing but the gradual ganism, therefore they are inevibe noted that this is only a logical to our contention that the theory lve links is a logical development. and it was described as becoming individual. Becoming is due to akes us back to the previous life. chment (tanha) for the same. 106 nā). 107 Our likes and dislikes are affect us, i.e. according to our without any contact (phassa) 108 here are the individual (namaripa) object (salayatana) 109 with which

Page 102
UNIVERSITY C
he comes into contact. The ex alone is not sufficient to bring ab must also be present. If the Bu would have found it difficult to who created it, etc. But accordin had to be connected to the previo could not develop without the
individual with his previous life.1
As it appears from the Maha satisfied with this explanation. E this viiiana is. So far one of the 1 life-flux has not been solved. H bility ? In the attempt to give a the Buddhists had to make room So at last, they added to it sank) kamma,111 the impressions left the power or potentiality to m Hence this connected the viiiiiana moral responsibility could be ex Not being satisfied by this becaus sum up what we mean by mind, connecting them, they recognises Our feeling and conation, and h of our intellection. The nature our actions (kamma) and hence connection between intellection a and action on the other is amply This prompted the Buddhists to formula which explains the cond
This would reveal the mann twelve factors developed. In th this is only an attempt to expla which is perceived only by the e practical reasons the application restricted to the life-stream (bhav
Il 10. D. III. 62-63. lll. M. I. 387 sq. 112. S. III. 87—Viññāņam viññāņat:1 113. M. I. 387 sq.

DF CEYLON REVIEW
listence of the external spheres (ayatana) out contact, for the individual (namaripa) ddhists had stopped at this juncture they
explain how this namariipa came about, ng to their philosophy of life this namaripa us one, hence it was said that this namariipa
influence of viiiiana which connects the 10
ipadana Sutta, at first the Buddhists were But later the problem was raised as to what most important problems of the individual ow is one to account for moral responsisolution to this most fundamental problem for volition in the statement of causality. haras which are explained as the result of behind by one's actions which also have ould and give individuality to viniana.1 to the kamma of the previous life and thus plained to a certain extent satisfactorily. e they saw that conation and feeling do not that something existed between these two the existence of knowledge, intelligene. ence actions, are determined by the nattire of intellection determines the nature of of the dispositions (sankhara). This close ind conation on the one hand and conation illustrated by the Kukkuravatiya Sutta.
include avija or ignorance in the causal itionality of suffering.
er in which the theory of causality with the e first place it should be kept in mind that in and illustrate the life-stream (bhavasota) xtra-sensory faculties. Due to ethical and of the universal theory of causation was asota) only.
aya sankhatan abhisahkharoti.
187

Page 103
THE PHILOSOPHY
The question can be raised as to ho conditioning the other, could be recon which believes in a plurality of causes as above. Buddhaghosa explains this pro important and prominent factors alone a aside the minor factors. 114 According a single cause (hetu) or fruit (phala) for and the convenience of possible conve sometimes established (padhanatta), some times specific (asadharanatta). He has s blishing the meaning as conditioned by For, contact is the established (padhana sensation is fixed according to contact.'
of the twelve-fold formula be explained
As pointed out earlier, the Buddha in this manner with a purely ethical el Buddhists during the period of the Nik: things (dhamma) that are related and out things so that the elimination of one w other. They were not bothered about things are related to one another becaus having no relevance to the immediate 1 The theory of causality with its twelve to the greatest approximation, of the dh. by language. As the practical way of sc the Buddhists made an attempt to show life-flux with a view to enable one to g to pain. Beyond this there was no spec
Development of Scholasticism and
the Theory of
8.-Early Buddhist Monastic Ideal
Scholars, both of the East as well a show a change in the life of the Buddh earliest community of Buddhist mo1
14. vism. p. 542. - 15, ibid.
188

OF RELATIONS
w this theory giving one factor as piled with the theory of causation is evident from the simile discussed blem when he says that the most re taken into consideration leaving io him, " He (the Buddha) teaches the establishment of the teaching rts, owing to the meaning being times evident (pakatata) and sometated one cause and fruit by esta' contact, sensation comes to pass'. ) root cause of sensation, because 115 Likewise could all the factors
discussed the problem of causation ld in view. The attention of the iyas was mainly directed on to the of these too, to the more prominent ould mean the elimination of the I the various ways in which these e it is a purely speculative problem teed of putting an end to suffering. factors is only an illustration, done amma that could not be fully stated lving the problem of pain (dukkha), 7 the most important factors in the et rid of these and thus put an end ulation.
the need for the Formulation of
Relations
s the West, have made attempts to ist monks. According to them the ks practised the eremitical ideal.

Page 104
UNIVERSITY OF
Itinerancy was the essential and inali disciple of the Buddha. 116 It cant ideal for it was based on the admc expound his message to the world fo But it is not this aspect only that try to couple it with another aspec social attitude of the monks. 118 B discourses like Khaggavisanal19 and to austere (dhutaiga) practices whic Buddha 121 they declare that the ear groves, away from human habitat ideal. The attempt of these scholar anti-social ideal of life to a life in so the earliest times and we are not al other. There was a group of moi groves far removed from the bus monks who held such views conti On the other hand there was anothe devoted to the weal and welfare of r having freed themselves from all su. to sansaric existence, went about pr to those ignorant people engrossed after a strenuous course of self-tra moral and spiritual perfection, he smeared by the vices and viles of coming into contact with the worl a person can continue to live in socie ration of the ills of society without hand the Buddha had not been ver such as living in forests, feeding so as is evident from his refusaf to mak precepts placed before him by De
116. Dutt, S.-Buddha and five after-ce
17. Vin. I. 2I—caratha, bhikkhave cäril kampaya atthaya hitaya sukhaya devamar
118. Dutt, S. op. cit, pp. 68, 70.
Il 19. Sin. p. 6 ff.
120, ibid., p. 35 ff. -
12. A.I. 23.
122. M.I. 69.
123. Sin. 268—Phuțțhassa lokadhammeh
Asokam virajam khemam 24. Viin. II. 197.

CEYLON REVIEW
enable condition of the life of the earliest lot be denied that this was the earliest inition of the Buddha to go forth and r the good and welfare of the people. 117 is emphasised by these scholars. They it which they call the unsocial or antilasing all their arguments on individual Muni 120 Suttas and also the references h were sometimes commended by the liest Buddhist monk lived in the forest and that this was the earliest and true is is directed to show a change from this ciety. These two sections existed from ble to say that the one is later than the nks who advocated a life in the forest y and active life in the society. And nued to exist until very recent times r section of monks who advocated a life nankind. They were the arahants who, ffering in this world and putting an end eaching the way to peace and happiness with worldly things. Once a person ining and Self-taming had attained to: could live in a society without being society. 122 His mind is such that on dly things it does not waver. 123 Such ty and work for the welfare and ameliodoing harm to himself. On the other y strict with regard to austere practices lely on alms, wearing cast-off rags, etc. e compulsory the observance of the five vadatta. 124 While commending these
inturies, (1957). p. 66.
Kam bahujanahitäya bahujanasukhäya lokänurussānann.
i cittam yassa na kampati

Page 105
THE PHILOSOPHY
five practices, the Buddha also allowe orffy as extra-allowances (atireka lābha) these would reveal the fact that thes rules Out:
9.-Change of Monastic Ideal
Considering these facts it becomes is rather from the ideal of a wandering than from the so-called "unsocial or anti from the texts the climatic conditions c beliefs of the masses, prevented them frol monk throughout the whole year, 126 an community used to suspend wandering cleared, rain-floods subsided and strea avasas came to be staked out and out c beginnings Were made of cenobitical li. and Theri gathas of the Khuddhaka Ni the monks and nuns who lived in th where men and women tormented by th disciples of the Buddha, thirsting for voted to the pursuit of spiritual perfecti of putting an end to immediate sufferi
šof the Buddha.
It appears as if the final injunctio 'What dhamma and vinaya have bee me, let that be, after my death, your revolution not second to any other, i. definitely points to the fact that the auth during his life-time devolved now on had preached and proclaimed, thus her of the Buddhist Order.
In a religious order which recogn away of the founder and in which spiri to an end with his death, the spirit of
25. Viin. I. 58. . 126. ibid. I. 137 ff.
127. Thig. vv. 43-44, 68-70, 102-103, 119, 124 - 28 D. II, 154.
190
 

OF RELATIONS
exceptions to these practices but 125 Yet a careful examination of 2 exceptions effectively cancel the
apparent and clear that the change monk to a settled monastic ideal, -social’ to the social. As is evident oupled with the generally accepted in practising the ideal of a wandering d we see how the whole wandering and go into residence until the skies inns became fordable. As a result if these colonies for rain-retreat the ife among the monks. The Thera kaya very clearly portray the life of tese avãsas. Àvãsas became places eills of life gathered round eminent piritual guidance. 127 This life deon and a search for ways and means ng, changed after the passing away
in of the Buddha to Ānanda, viz., in promulgated and proclaimed by eacher, 128 had led to a change or in the history of the Sasana. This ority that was vested in the Buddha the dhamma and the vinaya that he alding a new epoch in the history
ised no leadership after the passing Iual allegiance to a person had come questioning, disputing, testing rules
-- 125 i etc.

Page 106
UNIVERSITY OF
and doctrines in the light of individu unchecked. So it happened in the evident from the incidents of Subh Cullavagga. The direct result of it and stabilise the dhamma and the pi by the Buddha.131 The historicity which is to a great extent exaggerate and more clear when we view it Any attempt to appoint an indivi rendered useless by the injunctions ( absence of a leader appointed by th and the dependence on the teaching
to the conducting of their lives, it i who had by now settled down in a study of the Buddha-vacana. Not the weal and welfare of the others, emancipation. The studying and
Buddha absorbed their attention ; accelerated when outside schools of nised because of the severe criticism once more to raise their heads.
10.-Development of Scholasticism
The history of Buddhism from by conventionalization and assimil the other schools of thought Buddh the systematisation and moulding o existence scholastic activity divorce first century after the death of the and the development of the doctrin disciplinary measures in the Vinaya pitaka. The history of human idea of pure scholasticism to offer than we can get at the founder of Buddh
129. Viini. III. 184-285.
130. ibid. 289-290-Purana, who was inf Vinaya and was asked to accept it, repli dhamma and the vinaya, but in that way received it in his presence, in that same wa
3. ibid. 285.
32. D. I. 100 f.

CEYLON REVIEW
al reason and conscience were alert and : history of the Buddhist Sasana as is adda129 and Purana 130 recorded in the was that an attempt was made to define laya that was preached and proclaimed I of the First Council, the activities of d by the later texts, would become more against this psychological background. dual to lead the order of monks was Df the Buddha himself.132. Thus in the e founder or the community of monks of the founder for guidance with regard s not at all surprising to see the monks vasas devoting their whole time to the only did some give up wandering for but even neglected their own spiritual systematising of the teachings of the and this was further necessitated and thought, which Buddhism had antagoS which it levelled against them, began
/。
that time onwards was thus characterised
ation. In the face of the criticisms of ists felt the real and imperative need for f their own teachings. Thus came into d from ethical and practical life. The
Buddha witnessed the systematisation es COntained in the Sutta pitaka and the pitaka. Next came the Abhidhammais has surely no more striking evolution that which is here sampled. So far as ism at all, we see a man spending nearly
ormed of the rehearsal of the Dhamma, and the ed thus, 'Well chanted by the elders are the that I heard it in the Lord's presence, that I y will I bear it in mind.
191

Page 107
THE PHILOSOPHY
half a century in adapting his simple g Öf individual spiritual need that came of this passionate patience to help the p later, the gigantic effort of the Patth: possible particular case that can be im: in its complexity and ingenuity. But as far removed from the flesh-and-mir woman's as are the symbols in a boo that result, without the work of the monks of this later stage in the history fellows how to live ; they were inst was the only difference, a colossal diffel was human character as revealed by a mass of abstract judgments. It was 1 upon by intercourse with and observa much less of the greater world that la object ofstudy was a fixed rigid World always uniform results. It was divor living.
11.—Development of the Theory of Rela
In the earlier chapter an attempt there is between the theory of Patic and the doctrine of Relations (paccay Abhidhamma works. It was also po samuppada with the twelve factors de causality in an attempt to explain the c. of Relations it was shown that there a related and the ways in which these due purely to ethical and practical re. latter, namely the ways in which thin lative problem. On the other hand things that are related. The knowle the ways in which they are related, is would mean the elimination of the interested in the causes of suffering (d. comprehension of these causes would of them so that their resultant suf
destroyed.
1.

OF RELATIONS
gospel of the good life to every shade before him. At the other extreme articular case we find, a few centuries ina to make a class or type of every gined. The result may be imposing we there move in a world of dhananas nd actuality of this man’s case or that k of Algebra. Years were spent on founder being advanced a step. The of the sasana were not teaching their ead doing their best to think. This tence indeed. Their object of thought past human experience and reduced to lot kept alive, corrected and improved tion of the little world without them, ty to them inaccessible. Hence their l, admitting of no exceptions, yielding ced from the ever-fluid world of the
tions in the Abhidhamma
was made to show whatever difference Casamuppada with the twelve factors a) analysed in the Pathana and later inted out how the theory of Paticcaaveloped out of the general theory of ause of suffering (dukkha). In a theory re two apsects, i.e., the things that are things are related. The Nekayikas, sons, were not at all interested in the gs are related, for it is purely a specultheir attention was absorbed by the dge of the related things, rather than so essential for the elimination of one
other. They were therefore more Ikkha) for an understanding and clear enable the elimination or destruction
ering (dukkha) could be completely
)2

Page 108
UNIVERSITY OF
Thus in the Nikayas we find the processes into discrete moments, unde understanding and clear comprehens but only with particular instances of di But with the development of pure scil how the Abhidhammikas had mad (dhamma) that had already received fu method adopted by the Nekayikas w of the Abhidhammikas to enumerate systematic manner. This systematic is to be met with in the Dhammasańga pitaka. The Brahmanical schools of by the severe attacks on their substanti and his followers. After the attack greater force and vitality. The orig Dhammasahgani was the direct result Buddhists. The fresh treatment of t the earlier texts was thus necessitated zation of the doctrines of these outsic in the reality of permanent entity (at Following the footsteps of the Buddl cherishing this anti-substantialist posit it is because of this that they under instance of mental and physical pheno as a soul could not be obtained in th sonality. As is evident from the Dh mental or physical phenomenon that dhammikas. But if they had been sa have naturally fallen into a position v the Vaisesika school of thought which of discrete phenomena, thus contrav of life discussed in the earlier chapter.
But the Abhidhammikas avoideo formulating the philosophy of Relati in which these discrete phenomena r presenting a synthesis, a unified who naturally led on to the examination of
19

CEYLON REVIEW
analysis of mental as well as physical taken with a view to facilitate proper on. They deal with no abstraction prete mental and physical phenomena. olasticism as described above, we see
a perusal of all these phenomena treatment in the Nikayas. But the s not systematic and it fell to the lot these phenomena in an orderly and treatment of all existent phenomena ni, the first book of the Abhidhamma hought were not completely crushed alist position launched by the Buddha of the Buddhists they emerged with n and development of texts like the of the counter-attack launched by the hings that were already discussed in by the systematisation and crystalie schools of thought which believed nan) underlying this body and mind. na, the Abhidhammikas too are seen ion carefully and conscientiously and took to analyse and examine every mena and to show that such an entity is psycho-physical entity called perammasahgani there is no instance of has escaped the scrutiny of the Abhitisfied with this analysis they would where they had to share the views of believed in the existence of a plurality
ining the early Buddhist philosophy
| falling into such inconsistencies by ons (paccaya) which explains the way lated themselves to each other thus le as it were. Therefore they were the ways in which these phenomena
3
ܨܝܵܐ
. ¬ سمجہ""

Page 109
|-
THE PHILOSOPHY
are related to each other. Thus orig ha the Pațṭhāna twenty-four such form mena are enumerated, to wit,
l., Root-condition (hetu),
0.
12.
3.
丑4。
5.
6.
17.
18.
9.
20.
2.
22.
23. 24.
Object. (drammaria), Dominance (adhipati), Contiguity (anantara), Immediate contiguity (samanantara) Co-existence (sahajātā), Reciprocity (аййатаййа), Dependence (nissaya), Sufficing condition (upanissaya), Pre-existence (purejāta), Post-existence (pacchājāta), Habitual occurrence (disevana), Karma (kатта), Effect (nipdika),
Food (āhāra),
Control (indriya), Rapture (jhana), Means (η αρμα), Association (sampayutta), Dissociation (apipраушtta), Presence (atthi), Absence (natthi), Abeyance (vigata) and Continuance (avigata).

OF RELATIONS
inated the whole book of Patthana. s of relations obtained among pheno
D. J. KALUPAHANA

Page 110
Political Off Law of E
HE general rule that no extra
offences came up for conside once more in R v Governor of I rule, which is well known and recog
in issue under the Extradition Act Extradition Act states that,
"A fugitive criminal shall not be surrende is demanded is one of a political character, or if or the court before whom he is brought on h requisition for his surrender has in fact been m. of a political character.'
This section purports to be declarator It provides for the non-extradition o The problem of defining the circum: be granted on these grounds remains, arises, because the Crime in issue wou but owing to Certain special circums The exact delimitation of these circu of opinion. To illustrate the proble murder or arson in the state requestin been committed to obstruct the effic by the removal of a leading politica important building such as a radio st between the two states concerned m crimes. The question arises here, he which the crimes were committed
political offences so that extradition in
1. 1962] 2 W.L.R. 976. 2. Vide Oppenheim, International Latv (8th e International Law (2nd ed.), Vol. I, Section 315; Fal Vol. I, Sections 464-466; Harvard Research in Int 3. The same Act is operative in Ceylon by vi 4. Extradition Act 1870 Section 3(1). 5. In an admirable analysis made as early as meanings of the term 'political offence"; cf History The first meaning comprised offences consisting of a
1.

inces in the
Xtradition
lition should be granted for political ration before the British High Court rixton Prison, ex. parte Schtraks. The nized in international law,2 was put 1870.3 The relevant section of the
red, if the offence in respect of which his surrender he prove to the satisfaction of the police magistrate abeas corpus, or to the Secretary of State, that the lde with a view to try or punish him for an offence
y of the prevailing international law. f persons accused of political crimes. stances in which extradition will not however, a difficult one. Difficulty ld normally be an extraditable crime
tances is to be regarded as political.5 mstances has given rise to differences
m, the applicant may be accused of 2 extradition but the crime may have ient functioning of the government 1 figure or by the destruction of an iation. Under the extradition treaty urder and arson may be extraditable wever, whether the Circumstances in warrants their being characterised as
hay be withheld.
d), Vol. I, edited by Lauterpacht, at 704; Hyde, Ichille, Traite de Droit International Public (8th ed.), rnational Law (1935) I, 107-119.
rtue of the Extradition Ordinance 1877.
1883, Sir James Stephen delineated three possible of the Criminal Law of England, Vol. II (1883), at 70. in attack upon the political order of things established
95
تھے۔
1 ܐܝ19
>

Page 111
POLITICAL OFFENCES IN TH
In the Schtraks Case the facts we in Isreal, the grandfather of a boy, age parents on the ground that he feared t proper religious education of an orth parents brought proceedings in the Hi for his return. The order was ignore
proceedings against the grandparents
in the present case, Schtraks, the boy's common cause with the grandparents, f a disposition in these proceedings that 1960 and was not responsible for withh. of this statement, made an order of im but not against Schtraks who subsequ making inquiries in Israel, the Israeli pe fact, been with the boy since January evidence, Israel requested the extradi Kingdom-Israeli Extradition Treaty of
Schtraks, in his defence, maintaine and extradition requested in furtheran political parties in Israel arising out oft secular forces in the state. It was con
J religious conflict had aSSumed a poli
ནི་
offences themselves did not have a po conflict, and in charging the applicant, to placate the secular parties in their str The offences and request for extradi character and extradition for the offen dition Act 1870 Section 3.6
The argument of the applicant is 1. a coupling of the background of the extradition was requested as bases foi was one in which a political offence we of extradition illegal. In effect, the ap
Contd. from page 203 in the country where the crime is committed or aga libel and conspiracies and riots for political purpose that they are not involved in the present discussio. crimes, included in the other two meanings proposec be extraditable but which acquire a political characte
6. Loc. cit, note 1 at 982.
19t

LE LAW OF EXTRADITION
re as follows. In September, 1959, 7, refused to return the boy to his at the child would not be given the odox Jew. In February, 1960 the gh Court of Israel and got an order l. The parents, thereupon, brought and the applicant for habeas Corpus uncle, who they alleged was making or contempt of court. Schtraks made e had not seen the boy since January, olding him. The court, on the basis prisonment against the grandparents 2ntly came to live in England. On lice discovered that Schtraks had, in 1960 and withheld him. On this tion of Schtraks under the United 1960 for perjury and child stealing.
'd that the charges had been brought ce of a struggle between the various he conflict between the religious and tended that at all material times the tical character, so that, although the litical character, they arose from the the State of Israel was merely trying uggle against the Orthodox elements. tion, therefore, assumed a political ces would be contrary to the Extra
lot entirely clear. There seems to be offence and the purpose for which determining whether the situation is in issue so as to render the granting plicant was making two points. He
inst that state as such, e.g. High treason, seditious s. These crimes are generally not extraditable so th. The problem arises really in regard to other i by Sir James Stephen, which may ordinarily not r because of the surrounding circumstances.
5

Page 112
UNIVERSITY OF
was arguing, firstly, that, although would not ordinarily have been political conflict and should be ch argument relied on more emphatic. for extradition was to charge the a promoting one of the politico-reli offence for which extradition was re
The court held that the applica ground was regarded as irrelevant. characterizing the offence as politic the exact limits of the exception of p and the problems raised by it repay itself was concerned, there could ha was inapplicable.
The argument that the purpose of the ex
offence which is political.
The Extradition Act 1870, Sect native situations in which the extr; On the face of it, the first of these is while the second refers to the situat render has in fact been made with a of a political character. It is the s this point. It creates two problems examine the question whether extra him for a crime different from that so as to establish that the real object him for another offence which is of for the offence for which ostensibly c does it mean that extradition will n and punishment of the offender ir effect some political purpose such rival to that in power or the satisfac
party 2
With regard to the first questio in the English cases. The issue fir Arton (No. 1)7. France requested
7, 1896) 1 Q.B. 108.

CEYLON REVIEW
the offences were not in themselves or olitical offences, they arose from the racterized as political. Secondly, an lly was that the purpose of the request pplicant for an offence with a view to gious factions in the state so that the Juested acquired a political character.
it failed on both grounds. The second
while the first was insufficient for al. The case, thus, raised the issue of blitical offences in the law of extradition xamination, although, as far as the case ve been little doubt that the exception
tradition is to try the offenders for a different
ion 3(1) ostensibly mentions two alterdition of an offender is not available. where the offence is a political offence, ion where "the requisition for his surfiew to try or punish him for an offence econd alternative that is of relevance at Firstly, does it mean that a court can dition is being requested in order to try or which extradition is being requested of the request for extradition is to try a political character and not to try him xtradition is being requested? Secondly, ot be granted if the purpose of the trial | the state requesting extradition is to as the weakening of a political faction tion of some desires of the governing
there seems to be a conflict of opinion zt came up in this specific form in Re he extradition of Arton on charges of
ܐܸܡܢ ܕ ܓ ܐ
197

Page 113
POLITICAL OFFENCES IN TH
perfectly ordinary crimes such as falsifi by false pretences, larceny, embezzlem ruptcy laws. It was pleaded on behalf extradition was made with a view to ti of a political character. Lord Russell was a valid ground for not granting ext he interpreted the second part of section this meaning ;
"Then, can it be said that the application for punish the prisoner for an offence of a political ch it means that a person having committed an offe different charge (which does come within both t pretence and excuse for demanding his extraditio the offence of a political character which he has a
On this interpretation the court may real reason for the extradition is trial an of a political character. But not only that a state in requesting extradition m reality an insult to the dignity of that st the principle of speciality which is oper, principle means that the person charge for which extradition is requested. Ot tunity of returning to the extraditing sta he is tried for a different crime. Not rally.9 but it is incorporated in extradit fically incorporated in the British Extrad in any extradition proceedings.11 To 3(1) which implicitly denies this princip the very provisions of the Act and bac argued that such a procedure which s the bona fides of the state requesting ex law since it rests on the assumption th; respect its international obligations. said to represent the true state of the la
8. Ibid. at 113, per Lord Russell.
9. Cf. U.S. v Rauscher (1886) 119, U.S. 407, U, F(2d) 511, R v Corrigan (1933) Cr. App. Reps. 106, No. 176, Fiscal v Samper (Spain) Ann. Dig. 1938-194(
ܓܘܕ.
10. Cf. Harvard Research in International Law, loc. 11. Extradition Act 1870, Section 3(2).
198

LAW OF EXTRADITION
ation of accounts, fraud, obtaining int and offences against the bankof the accused that the request for y or punish him for other offences n his judgement assumed that this adition, if it could be proved, when 3(1) of the Extradition Act to have
extradition has been made with a view to try or aracter 2. It is clear what this suggestion means: nce of a political character, another and wholly e Extradition Act and treaty) is resorted to as a in order that he may be tried and punished for ready committed.'
ook into the questior: whether the d punishment for a different offence
does this view officially recognize ay not be in good faith which is in ate but it also is an implict denial of ative in the law of extradition. This d has to be tried only for the crime herwise he must be given an opporte or be returned to that state before only is this principle accepted geneion treaties and it has been speciition Act 1870 as a basic requirement
accept an interpretation of section le would be both incoliisistant with | policy. What is more, it may be criously questions the integrity and tradition is contrary to international ut the latter state does not intend to
Thus, this proposition cannot be W.
S. v Mulligan (1934) 74 F(2d)) 220 and (1935) 76 Vallerini v Grandi (Italy) Ann. Dig. 1935-1937, | No. 152.
cit. note 1.

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On a close examination of Li that there was a contradiction inhe that the bona fides of France, the st questioned. 12 Willes J. was also o the case it would appear that the Russell was unnecessary for the de which it could be said that France 1 lity. The issue could have been proposition. All in all, neither can law, nor that it was part of the ratic
Unfortunately, this is not the principle was mentioned. Shades C J. in R v Governor of Brixton Prison,
"They committed an offence of a polit
be no doubt that, while they would be trie punished as for a political crime.'
This was a case in which the appli though extradition was being reque of assault and revolt or conspiracy to they would be punished for treason, in the course of and with a view to Country which in the eyes of the Po stances it could be argued that Casse though ostensibly trying the applica and punish them for a different off the principle of speciality. This w Russel in the Arton Case that the bo questioned. This view, as it has several reasons. Moreover, it may a different principle, namely that wh that the offences for which extradit the course of the commission of an treason, the offence is to be treated as circumstances of the case are likely out of punishment to the offenders.
12. Loc. cit, note 7 at 115. 13. Ibid. . . .
14, 1955] 1 Q.B. 540. 15. Id. at 549.

CEYLON REVIEW
rd Russell's judgement it would seem ent in it, for he also expressed the view lite requesting extradition could not be the same opinion. 13 On the facts of novel proposition expressed by Lord cision, since there was no evidence on roposed to defy the principle of speciadismissed without reference to such a it be said that the view represents good decidendi of that case.
only case in which this unacceptable fit were recently resurrected by Cassels ex parte Kolczynski, 14 when he said,
cal character, and if they were surrendered there could i for the particular offence mentioned, they would be
cants for habeas corpus contended that, sted by Poland for the common crimes revolt on board a ship on the high seas, since the former crimes were committed escaping from Poland to a free western lish state was treason. In those circumfls.J. was of the view that Poland would, ints for the extradition Crimes, try them ince, namely treason, and hence violate ould approximate to the view of Lord na fides of the requesting state could be been shown above, is unacceptable for be argued that Cassels.J. was enunciating ere the circumstances of the case disclose ion is being sought were committed in offence against the state as such, such as : a political offence since the aggravating to be taken into account in the meting That it may have been the intention of
199

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POLITICAL OFFENCES IN TH
the learned judge to take this view is su tỏ the conclusion to which he did come the state amounting to treason, accor and start life in another country weig circumstances surrounding a case may as way, thus increasing the penalty, is prob there should be no extradition for pol pretation of Cassels.J.'s view, his statem to define the concept of a political of has nothing to do with an inquiry into quested for a crime different from ti intended to prosecute the offender. T unpleasant difficulty posed by the ma himself, especially since it must be rega principle in the case, but it must be con specific and has left room for ambigu) down the principle that extradition is inquiry is made it is established that the the accused for a crime different from t and of a political nature, it is not accepta C.J. applied a different principle in re so that, if Cassels J's view is interpreted s state's good faith, the learned Chief Ju
the case is to be preferred. 17
In contradistinction to the views ( or appear to favour the view that the a refusal of extradition on the basis that to be proved that the requesting state i for a different offence and not for th requested, there are cases in which the In the Kolczynski Case Lord Goddard he said,
"The second limb of the section i.e. Sectic that the court can say that if extradition is sought be tried or punished for crime B.'
16. This aspect of the judgement is dealt with bi
17. In so far as there are two competing ratio de - There is nothing to prevent a subsequent judge fro1
binding ratio decidendi in an appropriate case.
18. Loc. cit, note 14 at 549.
20C

E LAW OF EXTRADITION
pported by the fact that, incoming to the fact that it was an offence against ling to Polish law, to leave Poland led a great deal. The idea that the gravate a common crime in a special ably at the base of the principle that tical offences. On the above internt could be no more that an attempt fence for the purpose in hand 16 and whether extradition was being rehat for which the requesting state his may well be one way out of an nner in which Cassels J. expressed rded as his statment of the operative ceded that the judgement is not very ty. Hence, in so far as it may lay zo be refused, if after an appropriate requesting state intends to prosecute at for which extradition is requested ble. In the same case Lord Goddard aching the same result as Cassels J. to allow a denial of the requesting stice's view of the ratio decidendi of
liscussed above which either favour Extradition Act Section 3(1) permits : an enquiry is to be made and it has intends to try or punish the offender at offence for which extradition is opposite opinion has been expressed. xpressly dealt with the point when
in 3(1) can not, therefore, in my opinion, mean for crime A we believe that if surrendered he will
low at p. 230.
idendi in this case each of them is of less weight. accepting one in preferenec to the other as the

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Again in Schtraks Case Lord Parke J.J. agreed took the view that the from clearlo but adopted the con C.J. in the Kolczynski Case.20 The C.J. is to be preferred to the oppo,
The argument that the trial is to be fo
Can the second part of section other meaning contended for in th dition is being requested for an or be used to effect some political pu faction or the satisfaction of the de political implications, extradition 1 discussed by writers.
In the Schtraks Case, as point there was little discussion of the p must, therefore, be judged by the rule that there should be no extra ception is based on the notion tha be regarded as ordinary crimes character from the circumstances would not be proper to extradite justify the offender's being exempte the offence was committed.21
These circumstances must han be difficult of definition. But it is stances coincide with the commis: this special character. It follows t in connection with the trial of the O which takes place after the comm: not influence the nature of the offe the fact that the trial of the offend is requested is likely to be used fo questing extradition could warran a political offence so that the situati
19. Loc. cit. note 1 at 992.
20. Id. at 994. 21. Cf. works cited in note 2 supra for hist

R CEYLON REVIEW
C.J. with whom Ashworth and Atkinson
true construction of the section was far truction put upon it by Lord Goddard construction proposed by Lord Goddard ite view, as has been explained above.
a political purpose
3(1) of the Extradition Act 1870 have the : Schtraks Casc, namely that, if the extradinary crime in order that the trial may pose such as the weakening of a political sires of the governing party or has other may be refused 2 This issue has not been
d out, the argument was rejected. But bint. The validity of such an argument fundamental principles that underlie the dition for political offences. This conit certain crimes which might otherwise which are extraditable acquire a special of their commission, so much so that it the offender because those circumstances . 'd from punishment by the state in which
e a "political character which may clear that it is the fact that these circumion of the crime that gives the offence hat the occurrence of certain conditions fender in the state requesting extradition ission of the offence can not and should nce. Thus it can not be maintained that r for the offences for which extradition some political purpose by the state ret the characterization of that offence as on would fall within that part of section
ry of this exception.
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POLITICAL OFFENCES IN TH
3(1) of the Extradition Act which states if the request for surrender has been mad the offender for a political offence. Schtraks Case that the offence must have time it was committed22 is Very relevant to the view here expressed.
In Re Government of India and Mul for habeas corpus was made under the which the same principles apply in rega of the Extradition Act 1870. It was ar ceedings in India, the state requesting his considerations only, that his family had not be given a fair trial since he was bra crimes for which extradition was sought and fraud. In form the argument was Case. Lord Goddard, C.J. had no do plea. It was said that, although no ey offence that was political, it was irrelev. of India regarded the applicant as a tr could the argument of the applicant th because of the political implications of ment be a good one, for it was not op. fides of the state requesting extradition. principle that any subsequent political i with the trial of the accused were no for extradition on the basis that the accu. for a political offence.
Mode of Proof
If then, as has been demonstrated, cases discussed above can not be attribu of the Extradition Act, the question still tively have. The explanation given t Case is the most plausible and it rests ( as a whole.
22. Loc. cit, note 1 at 997. 23. 1 All E.R. (1952), 1060.
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E LAW OF EXTRADITION
that there should be no extradition, e with a view to trying or punishing The statement of the court in the a been of a political character at the in this connection and lends support
barak Ali Mohanned23 an application Fugitive Offenders Act 1881 under rd to political offences as in the case gued by the applicant that the proextradition, were based on political been persecuted and that he would inded as a political spy, although the were the ordinary crimes of forgery similar to that raised in the Schtraks ubts about his answer rejecting the (tradition would be granted for an unt to this issue that the government oublesome political personage; nor at he would not receive a fair trial his relations with the Indian governen to the court to question the bona
At the back of this decision is the mplications that might be associated reason for not granting the request sed was likely to be tried or punished
the meanings contended for in the ted to the second part of section 3(1) 1 remains what meaning it can posiby Lord Goddard in the Kolczynski on a view of the section in question

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"The precise meaning of this difficults of judicial decision and textwriters have fou meaning is this: if in proving the facts nec support shows that the offence has a political the evidence in support appears to disclose in show that in fact the offence is of a politica charge of murder. The evidence adduced committed in the course of a rebellion. Th evidence merely shows that the prisoner kill evidence may be given. . . . . . . . to show tha Thenifeither the magistrate or the High Cou by that evidence that the offence is of a po words the political character of the offen of the requisition or from the evidence addu
According to this view the two parts ways in which the political nature C proved. The first part refers to pro by the state requesting the extraditio. by production of evidence by the This interpretation of the subsectic explanation which is eminently in
law on the matter. It was also acce
Definition of Political Offence-Englis
Extradition, then, is not grante is a political offence in the sense that the commission of the offence give pressing problem is that of determi are. As Sir James stephen pointed cannot refer to offences which have as such or on the political order as seditious libel which have such a normally so that it is not possible to Since they are not subject to extrac the exception was intended to apply that the exception should refer to c that is, to ordinary extraditable crir special reasons.
24. Loc. cit note 14 at 549.
25. Loc. cit. note 1 at 994. Cf. also In Re C expressed when it was said that the onus probandi for the court to decide on all the evidence: per D. different view when he said that the onus proband the interpretation of the section advocated above
26. History of the Criminal Law of England, V

CEYLON REVIEW
!ction,' he said, " has not yet been made the subject ind it difficult of explanation, but in my opinion the issary to obtain extradition the evidence adduced in haracter the application must be refused, but although erely one of the scheduled offences, the prisoner may character. Let me try to illustrate this by taking a y the requisitioning state shows that the killing was sat once shows the offence to be political; but if the ed another person by shooting him on a certain day, t the shooting took place in the course of a rebellion rt on habeas corpus or the Secretary of State is satisfied. itical character, surrender is to be refused. In other e may emerge either from the evidence in support red in answer.'24.
of the sub-section refer to two different
fan otherwise ordinary offence may be bfby reference to the evidence adduced 1 only, while the second refers to proof accused in answer to the requisition. in is most acceptable and provides an keeping with the current international pted in the Schtraks Case.25
i Cases
'd only if it is proved that the offence certain circumstances which surrounded
it a specifically political character. A
ning what exactly these circumstances out in 1883, the term political offence for their object an attack on the state such.26 Offences such as treason and object are not extraditable offences interpret the rule as referring to them.
ܠܫܢ
ition, it is not possible to suppose that
to them. It would seem to be natural fences that are generally extraditable, nes which become non-extraditable for
astioni, 1890 1 Q.B. 149, where a similar view was was not indicated in the Act but that it was a question 'nman J. at 156. Though Hawkins J. took a slightly was on the criminal (at 162), this does not contradict
pl. II, (1883) at 70.
203

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POLITICAL OFFENCES IN THE
The problem of determining what t As early as 1854, when France requested who had attempted to cause an explosion of assassinating Emperor Napoleon III, 1 that, the offence being a political one, it extradition could be granted. This w decision by Belgium herself and led to t be known as the attentat clause which Sti murder of the Head of a foreign gover should not be considered a political cr have followed the Belgian example in have also been attempts to bring about certain crimes or acts which should no political offence.27 And there has beer been laid down that where the ordinar what might be regarded as a political crim for which extradition should be grant provide a clue to a satisfactory definitic they indicate certain exceptional circum to be characterized as a political offence .
On the positive side various definitic offences in Connection with the law of nature of the motive or object of the cr received into practice, so much so that to formulate a satisfactory conception ( admitting that there are difficulties in th the notion, it is submitted that a definit be satisfactorily evolved for the purpose practice. Sometimes, in approaching th they do not intend to lay down an exh occasion a court intimated that it did n than might be possible.31 These opini blem. It is difficult to provide a definit preclude the possibility of expansion and
27. Cf. the Russian attempt of 1881 in regard to ml on Terrorism of 1937.
28. Cf. The Swiss Extradition Law 1892 Art. 10. 29. Oppenheim, loc. cit, note 2 at 707. 30. In Re Castioni, (1890 1 Q.B. 149 at: 155, per D 31. The Schtraks Case, loc. cit. note 1 at 997.
204

LAW OF EXTRADITION
these reasons are is not a new one. the extradition of two Frenchman on a railway line with the purpose the Belgian Court of Appeal held I fell within the exception and no as regarded as an unsatisfactory he enactment of what has come to pulated that murder or attempted nment or a member of his family ime. Several European countries espect of such legislation. There some international agreement on t be included in the concept of a some legislation in which it has y nature of a crime predominates le should be a non-political offence d.28 But these instances do not in of a political offence. At best, stances in which an offence is not and are negative in their import.
ins have been suggested for political extradition based mainly on the ime but these have not been fully up to the present day all attempts bf the term have failed.29 While e way of a complete definition of tion is necessary and may, indeed, in hand on the basis of the existing is problem, courts have stated that laustive definition, 30 while on one ot want to give a wider definition ons indicate the nature of the proion of an exclusive nature so as to | flexibility, while at the same time
irder or attempts to murder and the Convention
Denman J.

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it is necessary to arrive at a definitic purposes of the extradition law. to be included in a definition bu: included in such a definition pres extradition and those of the interna are effectively punished.
In discussing the problem, Si definitions-the first characterizin order to obtain any political object narrower and including only tho form part of political disturbances such as perjury, arson, forgery an any political party, secret or othel the scope of the second is much m
The issue whether a political offence for the purposes of the lav English court in In Re Castioni.33 in Switzerland, against the state g reform. In accordance with the number of individuals signed a peti to the people and submitted it contrary to the constitution, refus that the people in favour of refor1 arms and invaded the council ch: Castioni, who had just returned t revolt and in the course of it he shot ment who offered opposition to th was given that the shooting was no In proceedings for the extradition C that the offence was a political off able. The meaning of political of adopted fairly narrow definitions, not necessary to give an exhausti ostensibly approximated to the lat Sir James Stephen, for which he
32. Loc. cit note26 at 70.
33. 1890 1 Q.B. 149. That there was n Denman J. at 155.
34. Sir James Stephen was on the bench th

CEYLON REVIEW
in that is not so wide as to defeat the very it is possible to agree upon a minimum it is also necessary that the maximum erve the intersts of the state requesting ional community in seeing that offenders
r James Stephen refers to two possible g any ordinary offence committed in ve as a political offence, the second being e offences which are incidental to and 32. According to the first; all offences d theft committed under the orders of wise, would be political offences, while ore circumscribed.
offence was to be regarded as a political v of extradition first came up before an There was a movement in the Ticino, overnment on the issue of constitutional constitution of the canton, the required rion requesting that the matter be referred to the government. The government, id to act on this. The consequence was m rose against the government, took up amber and various other key buildings. o Switzerland from abroad, joined this I and killed a member of the state governe crowd as it surged forward. Evidence : necessary for the success of the rebellion. f Gastioni for this murder, it was pleaded ince for which extradition was not availfence was, thus, put in issue. The court while at the same time stating that it was ve definition. The definitions adopted ter of the two definitions mentioned by imself had expressed a preference.34. It
legal decision on this issue before this was stated by at decided In Re Castioni and agreed with the court.
a.
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POLITICAL OFFENCES IN TH
had to be proved that ** the act was di intention of assistance, as a sort of over tical matter, a political rising or a disp as to which is to have the governmei usedby Stephen, J. and adopted by Ha to show that ' the crimes were incide disturbance.'36 It was held that (i) th a few people, in short, a state of war i the municipal council chambers, dem broke down the outer gate with a view (ii) Castioni took part in this, firing ti of promoting the political object for v nized, and (iii) had no motives of s. Therefore, the offence came within adopted. It was also held that the crit impeached were wise in the sense that did them would have been wise in di cause in which he was engaged, but w object of promoting the purpose of th
On the narrow definitions adopted the category of political offences so result would have been the same. E of the court to the question of definiti
(1) The court rejected the bro. which was mooted, namely that it we mitted to attain some or any political
(2) The court rejected the notior be committed merely in the course of
(3) Positively, the court purpo certain definite requirements but on a the statements of the definition by the J. have important differences. The confined to the first requirement of th
35. Loc. cit note 33 at 156. 36. Id. at 166.
2C

HE LAW OF EXTRADITION
one in furtherance of, done with the act in the course of acting in a poliute between two parties in the state ht in its hands. 35. In the language wkins, J. in that case, it was necessary ntal to and formed part of a political nere was more that a small rising of in which an armed body rushed into anded admission and, when refused, to taking control of the government, he shot at his victim for the purpose which the movement had been orgapite or ill-will against the deceased. the definitions of political offence erion was not whether the acts being
they were acts which the man who oing with a view to promoting the hether they was really done with the e r1Sling.
the acts being impeached fell within that even on a wider definition the ven so, in this first case, the attitude on is of paramount importance.
adest definition of political offence is sufficient that the offence be comobject;
that it was sufficient that the offence a political rising:
ted to apply definitions which had close examination it is apparent that two judges Denman J. and Hawkins area of disagreement is, however, e definition.

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UNIVERSITY OF
(a) The first requirement acco that there had to be some political meaning-there had to be some ris. political nature. What was meant turbance is not explained, but we Hawkins J. was in agreement with for power between two political pa there be some disturbance set off b political parties.
Denman, J. thought it necessary political rising or a dispute between to have the government in its hands a disturbance would apparently be dispute between two political parties
However, it is submitted, that a a struggle for power between the between the two views can best be in state A the communist party disagre by the National Democratic party w the communist party, by a false and f evades these taxes with a view to promoting the cause of the commu. committed would be covered by Denu but not by that of Hawkins.J.'s whic namely some form of civil disturban the dispute between the parties. Wit in the two definitions are the same.
As to the requirement that ther ween the two political parties, there initions whether one of them should clear whether a stuggle between tw for power is included in the definiti political parties in a state and two of enter into a struggle to eliminate eac the other cannot be a serious contend is a struggle between two political pal Would the crime of murdering a ri
صر 4

CEYLON REVIEW
ding to the view of Hawkins J. was
listurbance. This can only have one ng, insurrection or, at least, riot of a by the political nature of the dismay safely assume that on this point Denman J. who postulated a struggle ties. Hawkins.J., then, required that y a struggle for power between two
that there be "a political matter, a two parties in the state as to which is
ufficient. A mere disagreement or a would be covered.
ccording to both views there must be Iwo political parties. The difference illustrated by an example. Suppose res with the policy of taxation followed hich is in power and X, a member of raudulent declaration in his tax returns ambarrassing the government and so nist party. The offence of fraud so man J's definition of a political offence, h would require more than a dispute, ce amounting to rioting as a result of h this difference the other requirements
: should be a struggle for power betis no indication in either of these defipe the party in power, so that it is not to other parties in the state struggling on. Where there are more than two them, not including the one in power, h other as a political influence so that ir for power, could it be said that there ties for the purposes of the definition 2 7al political leader committed during
O7
On this view something less than

Page 123
POLITICAL OFFENCES IN TH
riots between such political parties and of the parties in the context of such a st of a political offence : There seems ti a distinction between a struggle betwe in power and one between the party in Both situations involve the question of
The Castioni Case, however, invol. gory of situation so that it may be argu that the court had in mind in laying dow it may be argued that if the court was definition, it would most certainly have which could be included in the definiti the statement of Denman J. that he did tive definition, for it is possible that a exhaustive. The difficulty of understal on this aspect of the definition remair definition, it is submitted that both Categ in the definition.37
(b) It was generally agreed that t furtherance of the political struggle, h to be proved that the crime in questi achieving the specific purpose of the strl and assisting it.
(c) In view of this, if the offence ill-will or spite or to satisfy some persor category of a political offence. Thus, f assault is committed with the object of for the purpose of promoting the polit struggle against another party for pow tical offence, even though it took plac struggle.
(d) It was not considered necess means of achieving the ends of the strug
37. In the Schtraks Case the court seemed to pref the party in power was involved; loc. cit. note 1 at 99
208

E LAW OF EXTRADITION
for the promotion of the purposes ruggle be included in the definition o be no logical reason for making en two parties excluding the party power and another political party. power to rule in a state.
ved facts falling into the latter cateled that it was only such a situation In a definition. On the other hand, purporting to lay down a general taken into account other situations on. This is not incompatible with not intend to lay down an exhaus
definition be general though not lding exactly what the court meant is but for the purposes of a sound ories of situation should be included
ne offence had to be committed in
. .1 - h d owever, this was delimited. It ha on was committed with a view to Iggle and with a view to promoting
had been committed from personal talend, it would not fall within the or example, if the crime of grievous paying off a private grudge and not ical ends of the party involved in a }r, the offence would not be a polie during a riot attributable to that
ary that the offence be a reasonable gle between the political parties.
}r to restrict its definition to a struggle in which 7.

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UNIVERSITY OF
The case thus offers more th narrower, but neither of them wide any political object of from any pol to above arising from the nature of definitions emerge. The narrower committed in the course of an actu; two political parties involved in a that the offence is committed with a struggle, while the other covers of dispute, not necessarily a disturbanc involved in a struggle for power in a with a vi w to furthering and prom it is not clear, as already stated, wh party in power and another politic parties in the state.
With this precedent before the hier,38 had no difficulty in deciding in an extradition case. Meurnier at the military barracks and the otl alleged that the former offence w; against government property. It V ween two political parties in this in did notcome within the definition o primarily against the whole body ( all governments. It is evident that forming a political party vieing for decision cannot be criticized.
The court did, in addition, cit tical offence for the purpose in har political offence there must be two to impose its government on the o mitted by one side or the other in pl. would seem to coincide with the of Denman, J. in the Castioni Cas point whether it is necessary that t party and another party in the sta
38. 1894.2 Q.B. 415. 39. Id. at 419.

CEYLON REVIEW
un one definition, one wider and one enough to cover a crime committed för tical motive. If the difficulty adverted the political struggle be excepted, two definition includes only those offences l physical disturbance occuring betwen struggle for power in a state provided view to furthering and promoting that fences committed in the course of any 2, occuring between two political parties state, provided the offence is committed oting that struggle. In both definitions ether the struggle must be between the cal party or between any two political
m, the judges of the court, in Re Meuragainst an applicant for habeas corpus ad caused two explosions in Paris, one her at a cafe. He was an anarchist and is a political one since it was directed vas held that there was no struggle betstance, so that the crime of the accused f a political offence. Anarchists worked of citizens and only incidentally against : the court did not regard anarchists as power in the state. On this basis, the
2 a comprehensive definition of a polid. It said that in order to constitute a or more parties in the state, each seeking ther (sic) and the offence must be comrsuance of that object.39 This definition roader interpretation of the definition 2 and to be even more explicit on the he struggle be between the governing te. or whether it is sufficient that the
209
ܬ̇c.

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POLITICAL OFFENCES IN TH
struggle be between any two political other for power. The fact that the col or more parties indicates that the latt
Further, the court emphatically sta parties in the case, thus denying that t This stresses the important part that pe It is not a question of political objects o that political parties be at variance bef can come 1nto operation.
The case contributed to the develo
(a) The court preferred the defir Case to that of Hawkins J. in the same ( require the existence of a physical polit
(b) It implies that the struggle in governing party in a state and another that there is a struggle between any tw
However, both these points need in the case, since there was in any event དོ་ parties on the court's view of the facts expands on the narrowest view of Hal struggles between political parties of w and which was sufficient for the decisi the decision in the Meurnier Case, it ma dictum, just as much as the view of Dei regarded as dictum in so far as it was wic as narrowly interpreted. However, tl excluding the two additional points rel; the nature of the political parties invol of the concept of a political offence.
In the Schtraks Case, the facts of w. problem confronting the court in there
40. In the Schtraks Case it was said that the Meur against the government of the state' in order to be is submitted that this is too limited an interpretation
41. Cf. supra p. 204.
21

E LAW OF EXTRADITION
parties in the state vieing with each irt made specific reference to "two er meaning was intended.40
ted that there were not two political he anarchists were a political party. litical parties play in the definition. r motives as such. But it is essential ore the notion of a political offence
pment of a definition in two respects.
lition of Denman J. in the Castioni :ase by implication, in that it did not ical disturbance.
eed not necessarily be between the political party, but that it is sufficient o political parties in the state.
ot have been made in order to decide O. struggle between two political
Thus, to this extent that the case wkins.J.'s definition which excludes hich neither is the governing party on in the Castioni Case as well as for y be regarded as containing an obiter lman J. in the Castioni Case may be der than the definition of Hawkins J. here seems to be no logical reason for ating to the nature of the dispute and ved in the struggle from a definition
nich have been outlined above,41 the levant part of the case also concerned
nier Case showed that "an offence must be aimed
a political offence: loc. cit. note 1 at 996. But it of the view of the rule contained in that case.

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an alleged conflict between politica crimes he had committed arose fro1 the governing secular religious fact character. The court examined th offences and attempted to provide a it did not purport to lay it down a was supposed to be wider than any circumstances of the kind involved
' A crime of a political character is a the object of influencing the governing part
It was pointed out that the definit mitted as a part of the political mo of advancing it. Since there was
acts of the applicant were done as : than as part of a purely religious a albeit it occurred at a time when t primary requirements of the definit could not be characterized as politic. of a principle that had been accel from the previous cases of this kin offence be committed in furtheran necessary for the decision that the nature of the struggle that should e should take place. Yet the court di to see how far it deviated from the so. There are two points to be ma
(i) The definition here given political disturbance of the kind er Case. The existence of a political sufficient. In this respect it come Denman.J. in the Castioni Case and
(ii) There is an indication th between the governing party and a
42. Loc. cit, note 1 at 997.
43. There is also no mention of a "particu Denman, J. specifies in his judgement. But it is Where there is a struggle between two parties, relations with each other.
 

CEYLON REVIEW
| parties. The applicant pleaded that the in the conflict between the orthodox and ions in the state which was of a political e previous cases on the issue of political definition, at the same time stating that s a possible definition The definition thing yet offered in connection with the in the case :
rime committed as part of a political movement with y of the state.'42
ion required that the offence be comvement or struggle and with the object nothing in the case to suggest that the part of a movement or struggle rather ind domestic dispute within the family, here was a political struggle, one of the ion had not been satisfied and the offence l. The decision turned on the application oted in all the definitions that emerged d, namely that it was necessary that the
ce of the political struggle. It was not court should have elaborated on the
xist or on the nature of the dispute that dattempt a definition and it is important definitions of the previous cases, if it did de in this connection.
I does not insist on the presence of a visaged by Hawkins J. in the Castioni movement or struggle is deemed to be s closer to the definition adopted by that of Cave J. in the Meurnier Case.43
at it is necessary that the struggle be nother political party in the state. It is
lar dispute or matter" as between the two parties as
submitted that this is not really a material difference. here is also bound to be a matter or dispute in their
211

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insufficient that the struggle be betwe state. In this respect it is different Meurnier Case. It also has chosen the 1. in connection with the Castioni Case latter case made no choice.
A third point may be made of the object of the crime as being that of "in party. This would appear to be nar in the other definitions which refer to aims of the political party concerned. ment the court refers to the broader n the requirements when it says that the ( context of a movement or struggle of a with the object of advancing it.44. It the court intended to accept this notio than the narrower one. Moreover, t unsatisfactory, for it would exclude the of the governing party committed a c1 ween it and another political party for of the governing party, an exclusion
CaSO).
From this line of cases four possible from the considerably narrow to the w
(1) The offence to be political n a physical disturbance between the go party in the state, with which it is str furthering the ends of cither of the politi other purposes or from any other me pretation of the definition given by Ha
(2) The offence must be commit turbance between any two parties in th necessarily including the governing ppurposes of the party concerned and 1. any other motives. This is the broade Hawkins.J. in the Castioni Case.
44. Loc. cit. note 1 at 997.
ܓ݂݁ܰ
212

E LAW OF EXTRADITION
en any two political parties in the from the definition offered in the arrower of the two views discussed between which the judges in the
fact that the definition refers to the luencing the policy of the governing rower than the object as expressed a broad purpose of furthering the However, further on in the judgeotion of the object as being one of :rime must have been done in the political nature but as part of it and is to be understood, therefore, that in of the object of the crime rather he narrower one would be clearly : case where a member or supporter ime in the course of a struggle betthe purpose of promoting the aims for which there can be no logical
definitions can be extracted, ranging ider.
ust be committed in the course of verning party and another political uggling for power, with a view to cal parties concerned and not for any tives. This is the narrower interwkins.J. in the Castioni Case.
ted in the course of a physical disa state struggling for power and not Irty, with a view to achieving the lot for any other purposes or from r interpretation of the definition of

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(3) The offence must be com necessarily a physical disturbance, b political party in the state vieing wit the purposes of the party concerned any other motives. This is the na adopted by Denman, J. in the Cast in the Schtrak's Case.
(4) The offence must be com necessarily amounting to a physical parties in the state struggling for p governing party, with a view to fu cerned and not for any other purp the broader interpretation of Dent and the definition cited in the Meur
It is submitted that the last and acceptable, as there is no logical ro in the other definitions as far as pol of extradition are concerned. If ext that fall within the first three defit refused for those that fall outside th offences would really share the san is true that the result in all the cases same had the narrowest of these def in each of them.
Continental and Latin American Case,
There are some cases on polit decided in Switzerland, Guatemala offence were offered in some of the
In Re Ockert 46 Germany dema of a German national for homicide of an affray in Frankfurt between t
45. A fifth definition arising from the initi formulated thus; the crime must be committed governing party of a state and another political and it must have the object of influencing the pol submitted above, however, that the court mod: purpose or object in the same judgement, so th: definitions (3) and (4) is not maintained as a com
46. Annual Digest 1933-1934, No. 157.

CEYLON REVIEW
mitted in the course of any dispute, not etween the governing party and another hit for power, with a view to achieving and not for any other purposes or from rrower interpretation of the definition ioni Case and that offered by the court
mitted in the course of any dispute, not
disturbance, between any two political ower and not necessarily including the rthering the purposes of the party conpse or from any other motive. This is man J.'s definition in the Castioni Case nier Case. 45
broadest of these definitions is the most ason for making the distinctions made itical offences for the purpose of the law radition is refused for any of the offences litions or any of them, it should also be em but within definition (4). Al such le character. This is so even though it. above considered would have been the initions alone and no other been applied
S ical offences in the law of extradition
and France. Definitions of a political 1.
inded the extradition from Switzerland He had killed someone in the course he German Social Democratic party and
all statement of the court in the Schtraks Case may be in the course of a struggle for power between the party, not necessarily involving a physical disturbance, icy of the governing party and nothing less. It has been ified this definition by accepting a broader notion of ut this definition which is narrower than either of the petitor. ܓܠ
213

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POLITICAL OFFENCES IN TH
the Socialist party, being a member of on the ground that he had committed the court that the offence had been cc the objectives of the German Social I fall within any of the definitions emer; above, even the narrowest. The co apparently broad terms. It said that when because of its motive and object, it complexion. This statement may be i common crime becomes political, if object or motive, the latter phrase bei crimes committed irrespective of the ex parties or of a political movement and relevant political parties, so much so th not associated with any political parti rassing the government or out of dislik position for themselves in politics wo Not only would such a definition be i obvious from the example given abov not be what the court meant. The si of the case. The facts involved a st what the court was saying was limite rence to motive and object should reall ment of the definitions discussed above with the purpose of furthering the ai the struggle. This is what really cons was an ordinary crime into a politic or object in this case must, therefore. limited sense and not as a general r object. From the context it appears similar to that embodied in the del decisions which was submitted to be :
That this explanation is plausible In Re Noblot,47 Noblot forged a billo. the working of the Dawes plan in Ge. any political party. It was held that ground that, in order to be a political ( in an attempt to seize power in the state
47. Annual Digest 1927-28, No. 240.
21

HE LAW OF EXTRADITION
the former. Extradition was refused a political offence. It was found by ommitted with a view to furthering Democratic party. The facts would ging from the English cases discussed urt, however, stated a principle in a common crime became political, t assumed a predominantly political interpreted broadly to mean that any it is committed with any political ng given a broad meaning to cover istence of a struggle between political without reference to the aims of the at offences committed by individuals es purely for the purpose of embare for it or in order to gain a stronger uld be included as political offences. incompatible with sound policy, as is re, but it is submitted that this could tatement is to be seen in the context ruggle between political parties and d to those circumstances. The refeу be seen as a reference to the requirethat the offence should be committed ms of the political party involved in erted the offence in question, which all offence. The reference to motive it is submitted, be interpreted in a eference to any political motive or that the notion of political crime is inition emerging from the English acceptable.
is borne out by another Swiss case. f exchange with a view to damaging rmany. He was not associated with extradition should be granted on the 'rime, it should have been committed or as an isolated incident in a struggle

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against the political regime of the st the state it would seen that the court interpretation of Hawkins J.S defini pounded in the Schtraks Case. The not state all the requirements of a po context of the case. It was sufficier important element be pointed out.
view can be attributed to the court til of a struggle against the state, irresp be a political offence or that a stru absence of political parties competi court was, therefore, not inconsister to, of Hawkins J. and the Schtraks C.
In the Pavan Case'8 France requ journalist who shot at and killed an I granted by the Swiss court. It wa immediately connected with its polit a predominantly political character. means of attaining this object or atle leading to the desired end or it mus struggle in which similar means are the case was an isolated act of terro. political object as such So that the coi the problem of the object of the of about the object of the act as far as the decision since there was no hint However, in its statement of the ot went quite far, although this was un The notion of the political struggle O is present, but further there is a re. oftences even in the absence of such tation of the words of the decision approving of a very wide principle, sidered in view of the obvious natur the issue and whose limits may not inition includes any offences commit a political object or as an integral part committed by private individuals ir
48. Annual Digest 1927-1928, No. 239.
2
 

CEYLON REVIEW
ite. In insisting on a struggle against showed a preference for the narrower tion in the Castioni Case or that prostatement is not specific in that it does litical crinne, but it must be scen in the it for the case that the absence of this It does not necessarily mean that the lat any crime committed in the course ective of its object or motive, would ggle against the state can exist in the ng for power. The approach of the it with the definitions, above referred Se.
tested the extradition of an anti-fascist talian fascist in Paris. Extradition was is said that the criminal act must be ical object in order to be invested with
The act must be in itself an effective ast it must form an integral part of acts it be an incident in a general political used by each side. The act in issue in rism and was not connected with any Irt must have had in mind particularly fence. In general terms, what it said relevant to the case was sufficient for of a political object at all in the case. her conditions of a political offence it necessary for the decision of the case. r the struggle between political parties ference to the possibility of political a struggle. On this broad interpreit cannot be gainsaid that court was which may not have been fully conof the facts of the case in relation to have been discussed at all. The defited as an effective means to attaining of achieving such an object. Offences order to embarrass the government
盟5
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or out of dislike for it, provided they ends or are integral parts of achieving is submitted, is far too wide a defini alternative definition mentioned by Si the court in the Castioni Case, with the the offence being an effective means object in view is emphasized.
However, it is possible to argue tha the court intended to express. The co struggle in its definition and, what is n question whether a conflict of parties accused was an anti-fascist and his victii that what the court said should be read it was thinking of a conflict of politic On this basis the statement would mean means towards or an integral part of ac of the political struggle between politica struggle. Even if this interpretation is : that the statement allows a wider scope any of the definitions emerging from it is sufficient according to the Swiss co kan incident to a political struggle. The object of the struggle is not insisted on the crime merely occurs in the course of gerous extension that was rejected by th
On any interpretation of the Pavl definition offered is an extension of any On the broader view crimes committe irrespective of a political struggle, or a political struggle irrespective of their aC political crimes. On the narrower in the course of a political struggle are in furtherance of the political objectiv as these definitions go further than th English courts, their content has been courts and it is submitted that, as defi
49. Cf. supra p. 213.
216

E LAW OF EXTRADITION
are effective means to achieve these them, would be covered. This, it tion. It approximates to the first r James Stephen 49 and rejected by : possible difference that the idea of towards or an integral part of the
it this is not necessarily the view that urt specifically mentions a political nore, the facts before it did raise the could be said to exist because the in a fascist. Hence, it is just possible in the light of the assumption that al parties or a political movement. that the crime had to be an effective hieving a political object arising out ul parties or incidental to the political accepted, there remains the difficulty for offences than that permitted by the English court decisions. For, urt, if the crime were committed as relation between the crime and the here. It seems to be sufficient that a political struggle. This is a danhe English court in the Castioni Case.
in Case definition, it seems that the thing proposed in the English courts. d to achieve any political objective, crimes committed in the course of relation to the object of the struggle view, only those offences committed political offences, whether they are es of the struggle or not. In so far e broadest definition mooted in the specifically rejected by the English
initions, they are unsatisfactory and

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should be rejected. As for the case the same had any of the definitions
applied.
In Re Kaphengsts0 the Swiss cour tions of the Pavan Case and adopted Kaphengst, a German national, had Prussia to further the ends of the aim was to change the law of taxati terrorist acts which were not episod overthrow of the state and were not did not Stop at this statment of princ caused to individuals caused the cont predominant so as to prevail comple
* For a common delict to be classed as a it has a political motive or object or that it is motives must be strong enough to let the in must be a certain relationship between object
While the court rejected the broad no was sufficient to convert an ordinar purposes of the law of extradition, laid down the requirements of such
There seem to be two trends ( some attempt to overthrow the stat a political offence. It is not necessar should be a political struggle betw state. Thus this approach of the c of the definitions proposed in the En What the relation of the crime to th be is also indicated in the statement t between the objective and the mear is not clear but presumably it means committed with the purpose of or w throw of the state. It could have til be a reasonable and effective means which was rejected in the Castioni
50. Annual Digest, 1929-1930, No. 188. 51. Ibid.
 

CEYLON REVIEW
itself, the outcome would have been proposed in the English courts been
is implicitly rejected the broader definia somewhat more restricted approach. committed certain bomb outrages in Country People's Movement whose on. It was held that these were purely les in a course of action aiming at the political offences. The court, however, ple but went on to say that the damage mon elements of the crimes to become tely over the political aspects.
predominantly political offence it is not enough that
capable of realizing or furthering that object. Idealist ury or threat to private rights be excusable. There ive and means selected. 51
ption that any political object or motive y crime into a political offence for the it does not seem to have unequivocally an offence.
of thought. First, it was thought that e was necessary for the commission of y that for such an attempt to exist there een political parties for power in the purt can not be directly related to any glish courts, limited as it is in its scope. te aim of overthrowing the state should hat there must be a certain relationship is selected. The exact meaning of this that, at least, the crime must have been ith the intention of assisting in the overbe further meaning that the crime must of achieving the end as well, a principle Case in relation to the definitions dis

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POLITICAL OFFENCES IN T.
cussed there. On the other hand, the kad in mind a broader definition, na be some political object or motive attempt to overthrow the state, provi crime and the object aimed at was termed a political offence. Apart frc that rejected in the Castioni Case there explained in it. Is any political object referred to ? Could the bomb outra, of the case have been regarded as pe means of getting the taxation law chan intended to adopt such a wide defini have been discussed from the point C All in all, it is probable that the court d in these broad terms but rather made SI of the narrower view discussed above and it is submitted that the case shou. definitions, one wider than the other explained in both. Suffice it to say ti question did not come within the cor interpretation is the correct one, and th namely that of the Meurnier Case, bee the same.
There are two other cases from in which it was held that the crimes but little was said positively about th of definition. In Re Echerman (Guate believing him to be a spy. The accu organized to operate in defence of hi. fact that Echerman was a member of a political character. It was said that
“ universal law characterizes as political se change the form of government or the persons ordering a man to be killed with treachery....
The case Supports the negative viev political motive or object in the con political. Positively, the case refers
52. Annual Digest 1929-1930, No. 189. 53. Ibid.
21

HE LAW OF EXTRADITION
are is room for saying that the court mely that it was sufficient that there behind the crime, irrespective of an ded that the relationship between the Iufficiently close to warrant it being om this being a definition as wide as : is a great deal that is vague and unt sufficient 2 What is the relationship ges which formed the subject-matter litical crimes, if they were effective ged-a political object 2 If the court tion, it is likely that the facts would f view of this last question, at least. id not intend to lay down a definition ome further statements in explanation
But the position is not at all clear ld be regarded as offering alternative , although there is much that is unhat the case decided that the crime in lcept of a political offence whichever at had the broadest English definition, in applied the result would have been
Gautemala and France respectively concerned were not political offences 2 nature of a political offence by way mala)52 the accused had murdered X, ised was a member of a secret society . s country. It was held that the mere a secret society did not give his crime
dition, rebellion and other offences which tend to who compose it; but it can not be admitted that constitutes a political crime.'
v that the presence of any or some hmission of a crime does not make it only to such offences as political as

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come within the category of pure p extraditable in any case. This does notion which covers the case of co concerns us here. In In Re Giov) granted in a case where a person w firing at a communist. Although t or motive, it was not characterized : negative view that a mere political mon crime political.
The foreign cases are of such a one way or the other the same decisi by the application of the broadest def namely that the offence must be cor necessarily amounting to a physical parties in the state struggling for pc governing party, with a view to furt of the party concerned and not for motive. Although other definition some diffèrent, some broader and oti in which it was held that a political Re Ockert, fell within this definition in which they were held not to be p short, there has been no foreign case a political crime because a broader the present decisions of this kind g. However, the fact remains that dif
important to see how different they Own merits.
It is noteworthy that all the case cation rejected the general definition committed with a political object or
(1) One of the possible defin is that the crime should be an effectiv irrespective of any political struggle any desired political end, irrespecti
54. Annual Digest, 1947, No. 70.

CEYLON REVIEW
olitical crimes which are not generally
not help towards a definition of the mmon crimes turning political which anni Gatti (France)54 extradition was as accused of attempted homicide by he defendent had some political object is political. The case too supports the notive or object does not make a com
kind that whether they were decided bn in each case could have been reached inition formulated in the English courts, nmitted in the course of a dispute, not disturbance, between any two political Wer and not necessarily including the hering the achievement of the purposes any other purpose or from any other s were mooted in the foreign courts, hers narrower, the facts in the one case offence had been committed, namely and the crimes in the other decisions olitical fell outside this definition. In in which a crime has been held to be definition was applied so that as far as D, this definition would have sufficed. erent definitions were given and it is are and how valid they are on their
I examined either explicitly or by implithat it was sufficient that the crime be motive in its absolute form.
tions emerging from the Pavan Case means towards any political objective, or an integral part of acts leading to te of any political struggle, or simply
19

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POLITICAL OFFENCES IN TI
an incident in a political struggle. Th TSRS provide and, as has been pointec is what the court meant but it has una
(2) An interpretation of the def requires only that the crime be an eff of any political object. This is an imp it is submitted that it is too broad.
(3) An interpretation of the defit that the crime be committed in conn effective means to or as an integral part as an incident in such a struggle which I This is what the court probably mea definition but it goes too far in its f that extent.
(4) The definition offered in Re submitted above, is the same as that c in the Castioni Case, in its wider meal
(5) The definition applied in R
Schtrak's Case which is narrower than
(6) The more probable interpre Kaphengst Case requires that the crime throw the state, provided the crime be ship which is not defined but probably means towards achieving the end. TI than any of the above definitions, but is not covered by some of them.
Definition (4) coincides with that was submitted to be acceptable. Suf it and to warrant the exclusion of any tion (5) may be rejected and definiti covered by the acceptable definition. an area already covered by the accept those crimes which are committed i which arises out of a struggle betwee
22

HE LAW OF EXTRADITION
is is the broadest definition that these | out, it is not only unlikely that this cceptable consequences.
inition offered in the Kaphengst Case ective means towards the attainment robable interpretation and, moreover,
lition given in the Pavan Case requires ection with a political struggle, as an t of the political object or even merely may or may not be a physical struggle. int, in that case, to offer by way of inal extension and is unacceptable to
Ockert, according to the interpretation if the Meurnier Case or of Denman J. ning.
e Noblot approximated to that of the
(4).
tation of the court's definition in the : be committed in an attempt to overar to the purported end some relationinvolves the crime being an effective his definition is, in general, narrower at the same time it covers ground that
definition of the English courts which ficient has been said in justification of thing narrower than it. Thus definion (6) to the extent that it is already
That is to say, definition (6) covers able definition, in so far as it includes h an attempt to overthrow the state l, any two political parties in the state
O

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and are both aimed at overthrowing achieving that end. To this extent it ate in so far as it falls short of the accep it also covers situations which are not For instance, where there is no stru attempt is made to overthrow the st are committed, these crimes would c relationship to the aim of overthrov outside the acceptable definition. T since it purports to have a Very limited definitions. It will be seen readily th course of an attempt to overthrow commission of another offence again As will be seen below, there is preceden in circumstances in which a political o the state only and as such is also com offences for the purposes of extraditi definition (6) is in excess of the gener able, it would come within another a although its requirements are such definition too. In its total scope, the both the general definition and its definition (6) need not be considered, CaSC.
As for the other definitions that : (1) to (3), the question remains whethe Apart from the fact that the two broa tations of the cases concerned, all thre open to serious criticism, as has alrea the notion of a general political obje though this notion was rejected in mo in its absolute form. Yet that gener. acquire sufficient limitation and defi lead to the most undesirable consequi of crime merely incidental to a politi and can lead to dire consequences. Il were rejected in the English cases for
55. Vide infra, p. 230.

CEYLON REVIEW
the state and an effective means to teed not be considered. It is inadequtable definition. On the other hand, covered by the acceptable definition. ggle between political parties but an te in which certain common crimes ome within (6), if they bear the right ing the state, while they would fall this extent it requires consideration, scope unlike some of the other broader at where a crime is committed in the the state it is committed during the st the state as such, namely treason. Ifor including such offences committed fence in the sense of an offence against mitted within the concept of political on.55 To the extent, therefore, that al definition submitted to be acceptcceptable extension to that definition, that it would be narrower than that refore, definition (6) is narrower than
extension, taken together. Hence, as it happens to be too narrow in any
are wider than (4), namely definitions r they offer anything worth retaining. dest, (1) and (2), are unlikely interpree definitions have elements which are dy been shown. (1) and (2) contain it, albeit with other limitations, even st of the decisions under consideration notion does not in these definitions inition. Hence, these definitions can tnces. (1) and (3) contain the notion cal struggle which is again too broad t may be added that all these notions obvious reasons. It is submitted that
స్త్ర

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POLITICAL OFFENCES IN TI
these definitions should not be retaine are wider than the definition submitt
- Vith (4).
Extensions to the general definition-The
Assuming that the general definiti J. is acceptable, we are still left with th any circumstances outside the definitic crime being characterized as a political in the affirmative by the court in R v Kolczynski.56 The facts of the case w as members of the crew of a Polish England. They felt that they were supervisors who were on board. T political officers on board who were prisoners with a view to preparing a c political opinions. Therefore, they members of the crew and brought th demanded their extradition for assault board a ship on the high seas. The offences were political offences. The n judges gave different reasons for their that the laws existing in Poland at tha notion of political offences. 57 But th:
Cassels J. rested his decision on th extradition was requested Wee CO surrendered, the accused would, alth be also punished for an offence of a p mitted that in so far as this statement in dition, if it appears on investigation til or punished for a different offence fron
it is unacceptable.59 Moreover, it is different meaning in this context. W part of his judgement was,
56. (1955] 2 W.L.R. 116. 57. Id. at 121 per Cassels J., and at 123 per Lord 58. Id. at 121.
59. Cf. supra, p. 207.
22

HE LAW OF EXTRADITION
d wholly or in part in so far as they 2d to be acceptable which coincides
Kolczynski Case
on of the Meurnier Case and Denman, e question whether there are, in fact, in which would warrant an ordinary offence. The question was answered r. Governor of Brixton Prison, ex parte rere that seven Polish seamen serving trawler decided to seek asylum in being spied upon by certain police here was evidence that there were : recording the conversations of the :ase against them on account of their overpowered the captain and other e ship into an English port. Poland and revolt or conspiracy to revolt on accused raised the defence that their : court accepted the defence but the conclusion. Both judges concurred t date warranted an extension of the is was as far as their agreement went.
e principle that the offences for which mitted in circumstances in which, if ough being tried for those offences, olitical character.58 It has been subleans that the court may refuse extrahat the defendant is likely to be tried h that for which extradition is sought, very probable that the words have a What Cassels, J. said in the operative
Goddard, C.J.

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UNIVERSITY OF
* It is submitted on behalf of the men th tried for the Offences for which their extradi offence of a political character, and that offenc - - - - - - They committed an offence of a politic be no doubt that while they would be tried punished as for a political crime."
This could very well mean here that committing the ordinary crimes fo accused also committed a political o the state only and as such, such as inextricably involved with the ord can not be separated from the large such, then extradition is to be ref crimes acquire the character of po case in hand, the offences of revolt, c. on the high seas were committed i. foreign state, namely England, and t Polish state as such, namely treason. selves became political offences for requirements of the definition are qui
(a) There must be a crime comi
(b) The ordinary offences mu commission of that crime.
(c) The latter must be so clos prosecution for the latter would on the former as well.
Thus, ifa citizen of state A, wł such to evade work in the factory to a foreman or supervisor in breaking dissatisfied with the way he is being ti by the definition of Cassels, J. As tion is dependant on the content of against the state as such and its app will hinge on how wide the concep is in the sense of offences against t
60. Loc. cit note 56 at 121.

CEYLON REVIEW
ut if they should be extradited they may well only be ion is requested, but they will be punished as for an e is treason in going over to the capitalistic enemies. al character, and if they were surrendered there could for the particular offence mentioned, they would be
if the facts of the case disclose that, in r which extradition is demanded, the fence in the sense of an offence against treason or seditious libel, which is so inary crimes that the ordinary crimes r offence against the state only and as ised on the ground that the ordinary litical offences by association. In the onspiracy to revolt and assault on a ship in the course of an escape to a capitalist his amounted to an offence against the Therefore, the ordinary crimes themthe purposes of extradition law. The lite clear ;
mitted against the state only and as such.
st be committed in the course of the
ely associated with the former that a the facts amount to a prosecution for
Iere it is an offence against the state as which one is assigned, were to murder out of his place of work because he is eated, such a murder would be covered vill be seen the operation of the definithe law in a given system on offences cation to a given set of circumstances of political offences in this sense, that estate as such, is in any state. The
23.

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POLITICAL OFFENCES IN
definition extends the concept of pol able aboveól not by reference to any objects but by reference to a particul
Lord Goddard C.J. took a differ as Cassels, J. did, that the laws in Pola countries towards the west warranted offence, his view of how the definit hand was totally dissimilar.
* The revolt of the crew, he said, '' was tical offence and, in my opinion, therefore, the
The learned Chief Justice emphasise keeping observation on the accused against them on account of their polit be punished for holding, or at least, C against the state as such belonging to a prosecution would have been a pol a political offence in the pure sense of for which extradition was demanded avoiding such a prosecution, they acq Although the notion that a crime c. political offence is implicit here, it i object that is admitted but a specific a notion of political object in the genera from the Meurnier Case, although it is As pointed out by another writer, it crime were committed from mere diss state.6 The same would apply to d state, for it cannot be said that it w Justice to limit his definition to cr although the facts concerned such a other hand, defrauding a bank in ol avoid a political prosecution would murder or causing grievous bodily breaking jail in order to avoid a poli
61 Cf. supra, p. 221. 62. Loc. cit. note 56 at 121.
63. J.A.C.G. in “ The Notion of Political Offen, of International Law (1954) 430, at 435.
م

THE LAW OF EXTRADITION
itical offences submitted to be accepti vague notion of political motives or ir restricted situation.
ent approach. Although recognizing, und and the attitude of the communist an extension of the notion of a political on should be extended in the case in
to prevent themselves being prosecuted for a polioffence had a political character.'62.
d the fact that political officers were for the purpose of preparing a case tical opinions in order that they might xpressing them which was an offence the same category as treason. Such itical prosecution or a prosecution for the term. Since the common crimes were committed with the purpose of uired the character of political crimes. ommitted with a political object is a s not a broad conception of political nd limited one. It is as specific as the ldefinition of political offence deriving not contained within that definition. would be insufficient that the common atisfaction with the life in a totalitarian issatisfaction with life in a democratic as the intention of the learned Chief ime committed in totalitarian states, state in the case before him. On the der to leave the country in order to become a political offence as would harm committed in the course of ical prosecution, as defined above.
es and the Law of Extradition, 31 British Yearbook
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UNIVERSITY OF
Although the learned Chief Just ments of this extension to the norm: sary, it is submitted, that there be so following are suggested ;
(i) There must be a political p. either in progress or certainly immi not be sufficient that there is a pc a prosecution or that the accused tho for a political crime against him. fantastic claims to exemption from A person must not only have reaso is such a prosecution brewing but th offence is committed, at least, some O that such a prosecution will be brou too strict a view to insist that either t instituted or it will certainly and def
(ii) The common offence in with a view to avoiding the prosecu from any other motive.04 It is not merely in the course of a jail-break a political prosecution, for instance. between the escape from prosecutic Thus, if the accused sought out a gu shot him in the course of such an e the crime and the escape from pros crime could not be called a politica witness or a leading witness in the p make it impossible for the prosecuti the required purpose vould be prese
A problem may arise in circum political offence from an offence agai for instance, that X, in the course of . communist party tries to break up a promote the imposition of a sales ta purpose of the riot, namely the obst so that the sales tax may not be pro
64. The same idea was mooted by J.A.C.G.,

CEYLON REVIEW
ce did not explain the detailed require1 definition, it is reasonable and neces. ne limitations on its application. The
Osecution in the sense explained above ent or, at least, very probable. It canssibility or remote likelihood of such light that there would be a prosecution This would leave room for abuse and
extradition on the slightest pretext. lable grounds for believing that there Lere must be, at the time the common bjective and high degree of probability ght. On the other hand, it would be he prosecution must already have been initely be brought.
question must have been committed tion and not for any other purpose or sufficient that the crime be committed which is undertaken in order to avoid
There must be a relation of purpose
on and the commission of the crime. X
ard whom he particularly disliked and cape, the relation of purpose between ecution would not be present and the crime. On the other hand, if a sole rosecution were murdered in order to on to be brought, it would seem that int.
instances involving a different kind of 1st the state only and as such. Suppose, riot in state A in which the opposition meeting of the governing party held to x on essentials, in order to achieve the ruction and prevention of the meeting noted, inflicts serious bodily injury on
'bid. at 435.
225
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POLITICAL OFFENCES IN T
a member of the governing party. T for this offence of serious bodily harn him in a bid to cross over to state B. this murder. It would appear that th in order to avoid prosecution for th harm which was however committed This latter offence is characterized as the law of non-extradition in gener, characterized as a political offence fo cussion and is it to be said that since avoid a prosecution for a political offel submitted that, if this view of political and non-extradition permitted, it wo rule permitting non-extradition. T. facts in which the prosecution in ques only and as such. Hence, the rule s crime for which extradition is reques prosecution for a political offence in offence against the state only and as su the crime is committed to avoid a p1 which acquire a political character for by reason of their connection with a
The Kolczynski Case is based on by the two judges and the question ari decidendi of the case. In the Schtraks approach of Lord Goddard, C.J. but may be regarded as valid, so much sc definition of political offences permitt in two ways. A common offence b it falls outside the normal definition Denman J., if (a) It is committed in offence in the sense of an offence agai mitted at the same time and is so inex cannot be separated or (b) it is comin for a political offence in the narrowse and as such. These extensions are no said in the previous cases. They a circumstances and objects. Hence, t
2.

HE LAW OF EXTRADITION
en, in order to evade arrest and trial he fires at a frontier guard and kills State A requests his extradition for : murder in question was committed : offence of causing grievous bodily in furtherance of a political struggle. a political offence for the purpose of 1. Does this mean that it is to be
· the purposes of the rule under disK committed the murder in order to ce, extradition is to be refused : It is offence were accepted for this purpose ld lead to a further extension of the he Kolczynski Case itself concerned tion was for offences against the state hould be limited to cases where the ted is committed in order to avoid a the narrow and primary sense of an ch and should not include cases where rosecution for those ordinary offences the purposes of the law of extradition political struggle of some kind.
two different principles propounded ses which is to be regarded as the ratio Case Lord Parker C.J. preferred the it is submitted that both approaches that it may be said that the ordinary ing non-extradition has been extended 2comes political for these purposes, if used in the Meurnier Case and by circumstances in which a political inst the state only and as such is comtricably involved with it that the two hitted in order to avoid a prosecution inse of an offence against the state only t contradictory to anything which was e extensions by reference to specific hey do not try to revive in any way
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UNIVERSITY OF
the broad definitions which were eiti submitted to be unsatisfactory, viz. thi
Conclusion
The problems connected with co offences in the law of extradition are In the above article, an attempt has bee to some of them. Most important o to the question whether the nature of stances have any relevance to the issue to the substantive content of the de offence. Both these problems were in the Schtraks Case recently. The in respect of the present state of the la
(1) Although there is Some con better view that the question whethe likely to be tried for a political offer for a different non-political offence, i. because to allow otherwise would co and would reflect on the good faith of opinions being created by a case in v only as a dictum and as an ambiguou in another case which probably has : view may be accepted as the law.
(2) Extraneous factors, such as t purposes or that the offence has acqui to its commission are irrelevant. T offence was political at the time it wa
(3) As for the political nature of by reference to the facts adduced by sufficient, by evidence adduced by th tained in section 3(1) of the Extraditic
(4) The actual content of the di offence for the purposes of non-extr; this may not be easy. There have
65. Re Arto (No. 1) and Cassels.J. in Kolcey.
22
 

CEYLON REVIEW
էCf rejected in previous cases or were *
wider definitions of the Swiss courts
mmon crimes which are also political either insignificant nor easy to solve. n made to discuss and provide answers f these problems are those pertaining the trial and its surrounding circumof non-extradition and those relating inition of the concept of a political presented to the English High Court following conclusions are submitted w on these matters.
flict of opinion in the cases, it is the the accused in an extradition suit is ce, although extradition is requested ; not one that the court can examine, onflict with the principle of speciality of the requesting state. The conflict which the contrary view was expressed s dictum, at that, and by a statement different interpretation,05 the above
hat the trial may be used for political red a political implication subsequent The question is always whether the s committed.
the offence, it may be proved either the requesting state, or, if this is ine accused as well. This rule is conon Act 1870.
afinition of the concept of a political adition requires delimiting, although been several definitions mooted in
Skei’s Case.
7
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POLITICAL OFFENCES IN TH
English decisions and even in the deci the problem is to select a definition narrow. On a liberal interpretation
said that some definitions expressed of the political motive or object of But these are not only too broad to sec but it is uncertain whether the Swiss co they are inconsistent, for the most part of the English courts. Apart from t definition among the others is the broad applied by the English courts with th expand the definition, also made by thi from both English and other decisio definition is not in any way inconsiste cases so far decided in England or
applied in lieu of the narrower or be resorted to in some cases, the decisions
The definition would run as follos
Where a common offence is comi 1Ot necessarily amounting to a phys
political parties in the state struggling the governing party, and it is comm.
achievement of the purposes of the pa purposes or from any other motives,
or where a common offence is cc a political offence in the sense of an of is also committed at the same time an that the two cannot be separated,
ΟΥ where a COO offence is cot
tion for a political offence in the sense
and as such,
the offence is a political offence.
22

E LAW OF EXTRADITION
sions of other countries. However, which is neither too broad nor too
of the Swiss decisions it may be
in terms of the general notion
the offence have been suggested. ure acceptance and to be practicable urts meant to go so far. Moreover, with what has been the general view nese anomalies, the most acceptable lest expression of a general definition le addition of two qualifications to 2 English courts. Others emerging nS are too narrow. The proposed nt with the decisions in any of the elsewhere. If this definition were arder ones which may have been in those cases would still be the same.
WS :
mitted in the course of any dispute, ical disturbance, between any two for power, not necessarily including itted with a view to furthering the rty concerned and not for any other
mmitted in circumstances in which ince against the state only and as such d is so inextricably involved with it
mmitted in order to avoid a prosecu: of an offence against the state only
C. F. AMARASINGHE

Page 144
Review
"Vistas in Astronomy' is a series of books general scientific reader. Each volume is a coll experts in each field. However though the article worker, they are written in a pleasant and readabl profit even by the non-specialist reader.
The fourth volume contains a pleasing variety to Artificial Satellites. Included in this range are and Celestial Mechanics. The general reader will with an 8th Century Meridian Line in China speci find the article on "The Development of a Solar fical Satellites' can be read with interest by all.
A pleasant and interesting feature of the book It contains articles not only by writers from Cai Singapore. This of course is very much as it sho encircling the earth every few hours, we should together for the common good of all mankind. surely realise the absurdity of national strife on th verse. The international co-operation evinced in

designed both for the research worker and for the action of articles on specialised subjects written t s give specialised information of value to the researc. e style, so that they can be read with enjoyment and
of subjects, ranging from the History of Astronomy
articles on Geophysics, Solar Physics, Astrophysics, find the article on the History of Astronomy dealing ially interesting. The specialist in Solar Physics will Centre of Activity” useful. The article on “ Arti
is that it is the result of international co-operation. mbridge, Harvard etc., but also from Moscow and ould be. In this modern age, with several satellites
begin to think of the earth as a whole and work Astronomers perhaps more than anyone else, should e surface of a little planet in the vastness of the unithis book is very much a step in the right direction.
D. W. A. S. A.

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H. B. Perera and published by S. C. Blok, on, Peradeniya.