{"id":5813,"date":"2017-04-13T16:43:49","date_gmt":"2017-04-13T16:43:49","guid":{"rendered":"https:\/\/namathueelanadu.com\/?p=5813"},"modified":"2018-10-08T21:34:35","modified_gmt":"2018-10-08T21:34:35","slug":"tamil-national-flag","status":"publish","type":"post","link":"https:\/\/namathueelanadu.com\/?p=5813","title":{"rendered":"TAMIL EELAM NATIONAL FLAG"},"content":{"rendered":"
\"image_pdf\"PRINT<\/span><\/a><\/div>

Why it is entirely legal to hoist the Tamil\u00a0 Eelam National Flag at public events in the UK<\/em><\/strong><\/h2>\n

– A Legal Analysis<\/span> –<\/em><\/strong><\/h2>\n

Introduction:<\/u><\/em><\/strong><\/p>\n

\n

The Tamil Community in the UK and around the world believes that the Tamil Eelam National Flag should be formally hoisted in their national events as this is the proud identity of\u00a0 the Tamils and this unites the entire Tamil community regardless of all differences\u00a0 and divisions.However, some diaspora organisations and individuals continue to mislead the Tamil\u00a0 Community that the Tamil Eelam National Flag is proscribed in the UK and hoisting the flag\u00a0 may lead to prosecution. This is part of the agenda implemented by Sri Lankan\u00a0 Government who considers the Tamil Natinal Flag as a serious threat to their\u00a0 imperialism because it unites the patriotic Tamil diaspora and inspires them towards\u00a0 the freedom. The most regrettable truth is that some of the Tamil Diaspora\u00a0 organisations and individuals knowingly or innocently fallen into this trap and\u00a0 contribute to the aganda of the Sri Lankan Government who desperately attempt to\u00a0 destroy the identities of the Tamils.<\/p>\n

It was the understanding of the Tamil Commuinty, that the Tamil Eelam National Flag is\u00a0 misundertood with the LTTE flag by the Scotland Yard\/Metropolitan Police and this\u00a0 causes the tension in 2009. The Tamil diapsora has no intention to use the LTTE\u00a0 flag at any event, however they believe that they should not be prevented from\u00a0 hoisting the Tamil Eelam National Flag. During the last few Mullivaikkal Remembarance\u00a0 days in the UK, considerable members of the Tamil Community went to the extend of\u00a0 bringing their own pole and flag which was hoisted infront of the stage beyond\u00a0 control.<\/p>\n

The following information will help to clarify the misunderstandings and misconcepts\u00a0 that the Tamil Eelam National Flag is proscribed in the UK.<\/p>\n

The origin\/history of the Tamil Nationhood and National Flag:<\/u><\/em><\/strong><\/p>\n

The Tamil flag encapsulates the aspiration of Tamil nationhood. Eelam is the word\u00a0 for what is now Sri Lanka and has been in use in Tamil literature right from the\u00a0 Sankam period dating as far back as 200 B.C. to circa 250 A.D. It is a known fact\u00a0 that Eelam constituted an administrative unit during the Chola period 1017 to 1070\u00a0 A.D. Tamil Eelam refers historically to the North and East of what is now Sri Lanka.\u00a0 These constituted independent Kingdoms and retained their territorial integrity\u00a0 through Portuguese and Dutch colonisation. Since British united the Kingdoms for\u00a0 the administrative ease, the Tamil Kingdom began to lose its integrity and identity.\u00a0 When the British decided to grant independence to Sri Lanka, they failed to ensure\u00a0 the safety of the Tamil nation and the ruling power was handed over to the numerical\u00a0 majority Sinhalese. With an intention of creating Sri Lanka as a pure Sinhala and\u00a0 Buddhist Country, the ethnic cleansing began since 1948 and one of the significant\u00a0 steps was the official declaration of Sinhala language as the one and only official\u00a0 language. Likewise, the historical symbols that represent the Tamils were destroyed.\u00a0 Despite the systematic steps staged by the successive Sinhala Chauvinist\u00a0 governments, the Tamils redesigned their National Flag in 1990 as in the following\u00a0 format1.
\n<\/em><\/strong><\/p>\n

The Tamil Eelam National Flag:<\/u><\/em><\/strong><\/p>\n

\"\"<\/a><\/p>\n

The Tamil Eelam National Flag is derived from the ancient Flag Chola (Tamil: \u0b9a\u0bcb\u0bb4) and\u00a0 was used by Chola Empire2 and consisted of the tiger or jumping tiger (Tamil: \u0baa\u0bbe\u0baf\u0bc1\u0bae\u0bcd \u0baa\u0bc1\u0bb2\u0bbf).<\/p>\n

1 http:\/\/en.wikipedia.org\/wiki\/Flag_of_Tamil_Eelam\u00a0 http:\/\/tamilnation.co\/tamileelam\/defacto\/flag.htm
\n2 The Chola dynasty (Tamil: \u0b9a\u0bcb\u0bb4\u0bb0\u0bcd) was one of the longest-ruling dynasties in the history of southern India.\u00a0 The earliest datable references to this Tamil dynasty are in inscriptions from the 3rd century BCE left by\u00a0 Ashoka, of the Maurya Empire. As one of the Three Crowned Kings, the dynasty continued to govern over\u00a0 varying territory until the 13th century CE.<\/h6>\n

 <\/p>\n

The heartland of the Cholas was the fertile valley of the Kaveri River, but they ruled a significantly larger area\u00a0 at the height of their power from the latter half of the 9th century till the beginning of the 13th century. The\u00a0 whole country south of the Tungabhadra was united and held as one state for a period of two centuries and\u00a0 more.[2] Under Rajaraja Chola I and his successors Rajendra Chola I, Rajadhiraja Chola, Virarajendra Chola and\u00a0 Kulothunga Chola I the dynasty became a military, economic and cultural power in South Asia and South-East\u00a0 Asia.[3][4] The power of the new empire was proclaimed to the eastern world by the expedition to the Ganges\u00a0 which Rajendra Chola I undertook and by the occupation of cities of the maritime empire of Srivijaya in\u00a0 Southeast Asia, as well as by the repeated embassies to China.[5]<\/p>\n

During the period 1010\u20131200, the Chola territories stretched from the islands of the Maldives in the south to\u00a0 as far north as the banks of the Godavari River in Andhra Pradesh.[6] Rajaraja Chola conquered peninsular<\/p>\n

\"\"<\/a><\/p>\n

The tiger flag of Chola is mentioned in Periya Puranam, which was compiled during\u00a0 the 12th century by Sekkizhar. Historically the Tamil people have had a deep\u00a0 affiliation with the symbol3.<\/p>\n

\"\"<\/a><\/p>\n

The crossed bayonets were based on the historical crossed sword emblem\u00a0 of Vannimai &quot;King Pandara Vannian&quot; who was killed by the British colonial era in Sri\u00a0 Lanka4.<\/p>\n

South India, annexed parts of which is now Sri Lanka and occupied the islands of the Maldives. Rajendra Chola\u00a0 sent a victorious expedition to North India that touched the river Ganges and defeated the Pala ruler of\u00a0 Pataliputra, Mahipala. He also successfully invaded cities of Srivijaya of Malaysia and Indonesia
\n3 http:\/\/en.wikipedia.org\/wiki\/Flag_of_Chola
\n4 http:\/\/tamilmirrorcanada.blogspot.co.uk\/2013\/01\/pandara-vanniyan- last-tamil- king-of.html<\/h6>\n

 <\/p>\n

The Proscribed LTTE Flag:<\/u><\/em><\/strong><\/p>\n

\"\"<\/a><\/p>\n

The LTTE Flag was introduced by the LTTE in 1975. It is unfortunate that the\u00a0 proscribed LTTE Flag is always misunderstood with the Tamil Eelam National Flag, which is\u00a0 not proscribed by English Law. We set the above LTTE Flag for the purpose of\u00a0 illustration.<\/p>\n

The difference between the Tamil Eelam National Flag and the Proscribed LTTE Flag; <\/u><\/em><\/strong><\/p>\n

It is essential to note the significant difference between the LTTE Flag and the Tamil Eelam National Flag.<\/p>\n

The LTTE Flag contains the writing \u201cLiberation Tigers of Tamil Eelam\u201d in both\u00a0 English and Tamil. The national Flag does not contain any such writings on it6.<\/p>\n

This is not just a \u201cmere\u201d change, which was intended to get around the relevant laws\u00a0 and glorify the LTTE or seek support to the proscribed organisation. This is a\u00a0 significant difference that distinguishes the two Flags.<\/p>\n

It should also be noted that the Tamil Eelam National Flag was adopted in 1990, more than\u00a0 a decade before the LTTE was proscribed in 2001. Therefore, any accusation made\u00a0 that the Diaspora Tamils attempting to display the proscribed Flag with a \u201cmere\u201d\u00a0 change becomes totally invalid.<\/p>\n

The Relevant Law<\/u><\/em><\/strong><\/p>\n

\u201cEverything which is not forbidden is allowed” is a constitutional<\/strong> principle of English\u00a0 law<\/strong> – an essential freedom<\/strong> of the ordinary citizen<\/strong>. In layman\u2019s terms, the Tamil Eelam National Flag is not proscribed\/forbidden in any of the written law, statutes, by-laws\u00a0 or regulations in the UK.<\/p>\n

5 http:\/\/tamilnationalflag.com\/index.php\/history
\n6 http:\/\/restructure.wordpress.com\/2009\/05\/15\/tamil-eelam- flag-versus- tamil-tiger- flag\/<\/h6>\n

Under The Terrorism Act 2000, the Home Secretary defines the PROSCRIPTION\u00a0 OFFENCES as follows;<\/p>\n

Proscription makes it a criminal offence to:<\/strong><\/p>\n