Two years ago on 29 July the voice of a visionary was stilled in the streets of Colombo by a suicide bomber. That act deprived those of us who closely associated with Dr. Neelan Tiruchelvam of a beloved friend and a mentor. But more significantly, Sri Lanka, and indeed the sub-continent, lost a brilliant thinker and a humanist. The Tamil community in Sri Lanka lost one of its most distinguished members. The global and national human rights movements were to mourn an ardent and tireless campaigner.

For many around the world whose lives had been touched by Neelan it has been difficult coming to terms with this enormous loss. For the past two years it has not been possible for me to put pen to paper, or fingers to keyboard, to write about what Neelan's loss has meant to us. It was as if one is afraid to acknowledge his demise, to speak of him in the past tense, for then it would become real. But the harsh reality sets in especially at times like these, when one is in need of wise counsel and a measure of sanity. We do realise then that he is no longer there among us, to offer his intellectual brilliance and words of hope, to engage in spirited discussion and debate. One is almost awestruck by how little it takes to destroy so much.

Neelan died a very troubled man. In the last conversation I had with him he spoke emotionally of his deep disappointment over the political stalemate on the constitutional reform process. He was aghast at the level of intolerance, the narrow-mindedness and the lack of commitment on the part of many major political protagonists in the country to solving the most difficult issue we have faced as a nation in recent times. He was even more aghast at the levels to which the democratic processes were being subverted for narrow partisan gains. It was not as if Neelan was a political novice. Even though he was a dreamer, he was politically very astute. Therefore, his pain moved me deeply. But in characteristic style he told me before I left that we have to keep plugging on, for there was no other alternative to finding a peaceful solution to the ethnic issue. I bade good-bye not knowing it was to be our last conversation. I was glad that he was taking a break as a Parliamentarian to teach at Harvard Law School, his alma mater, for a semester. But that was not to be. The dark side of ethnic politics had decided it was not to be.

Greatest passion

Promoting constitutionalism was Neelan's greatest passion in life. He believed deeply in the power of constitutions to shape destinies of societies. It was fitting that his last public act was to deliver the 5th P. Navaratnarajah Oration which encapsulated his fundamental beliefs on this subject. It was as if everything good and sublime he had imbibed in life and everything he believed in were all channelled into this one major endeavour of devising constitutional schemes to enable people, whether belonging to the majority or minority communities, to live and coexist with dignity. However, Neelan was not a traditional positivist who believed only in the written letter of the law. On the contrary, as he indicated in the Navaratnarajah Oration, he had an abiding faith in Dharma, in universal and eternal truths. For him constitutionalism was a vehicle to implant those truths in governance. Democracy, human rights and pluralism were all sacred concepts in these scheme of things. Nothing frightened Neelan more than narrowness of mind. Parochialism, narrow nationalism and exclusivity were anathema to him.

If he were with us today, he would no doubt be very troubled by the constitutional quagmire in which we are at present. While he promoted constitutionalism to the hilt, the distance between constitutional norms and constitutional practice bothered him a great deal. In the Navaratnarajah Oration he said "(t)he crisis of constitutionalism is to reconcile this passionate faith in the normative power of constitutionalism with intense skepticism and even cynicism arising from the failure of constitutions in many societies to uphold human rights or democratic values, and the appalling disparity between constitutional theory and constitutional practices." But I have also no doubt that Neelan would have turned this crisis into an opportunity to push the case for constitutional reform. He would have underscored the need to entrench consociational form of governance which requires politicians to cooperate rather than confront each other and to eschew majoritarian politics in favour of politics of consensus.

Labour of love

For his own troubled country too he knew that there was no other sensible way of finding a lasting solution to the ethnic divide than through a political power sharing arrangement that would be given constitutional expression. Being a true democrat and a keen student of history he knew that the violent and brutal turn liberation politics in his community had taken would never deliver in the long run. He plunged into the arduous task of constitutional reform knowing very well the difficult path lying ahead and the sacrifices that may have to be made. For him it was a labour of love inspired by his lifelong ideals. For others it may have been yet another cold political act. Perhaps that is what distressed him so, more than the mad ravings and threats directed at him by those who had abandoned the democratic political process.

Indeed, because he dared to think differently and because he dared to be constructive rather than destructive, he was a marked man for many years. Lesser beings chided him and called him a traitor to his community. He was only too aware of the intolerance and viciousness of his detractors. Bearing all that with quiet dignity he continued with the task he had set himself upon with even greater vigour. When we would ask him to be careful he would shrug away our concerns with that boyish grin and say "What nonsense! Who would want to waste a bullet on me?" Destroy another human being is what they did to get at Neelan, for they were so intimidated by the power of ideas. As ironies in life go, it would not be surprising if those who destroyed his life eventually come to realise that power-sharing is the key to a viable solution to minority demands.

Neelan could have easily run away and sought sanctuary in greener pastures. At the time of his death, Neelan was the chairman of the prestigious London-based Minority Rights Group.

He had been invited to participate in the constitution-making processes in South Africa, Nepal, Kazakhstan and Ethiopia, to name a few of his activities in the international plane. Many prestigious seats of higher learning would have welcomed him with open arms. So would have think-tanks, the UN and many other international organizations. He could have devoted all his time to his law firm and minted money. None of that attracted Neelan. He had a mission in life. That was to devote his life to freeing his own society of the utter mess that it was in through the means he knew best. And for that commitment he made the supreme sacrifice. That is the stuff my heroes are made of.

Never pretended

The quiet scholar and thinker that Neelan was, he was uncomfortable being a Parliamentarian, especially in this day and age when the antics and incompetence of legislators are enough to make a hippopotamus blush. He bore that discomfort in order to achieve his ideals. He never pretended to be a grass roots politician or activist. He realized that his niche was in the realm of ideas and policy. To those of us in the human rights movement, Neelan the Parliamentarian was a great asset. He was our best ally and spokesman in the legislature. Neelan made passionate appeals in Parliament on a wide range of human rights issues.

One very memorable speech was the one in which he called for the abolition of the death penalty. He turned the monthly emergency debate into an opportunity to highlight the problems faced by the Tamil community because of enlarged powers of search, arrest and detention. He was there whether it was a case of championing the rights of minorities, children, women, the disabled or the marginalized. He was instrumental in promoting the idea of an Equal Opportunity Law which also sought to extend the constitutional requirement of non-discrimination to the private sector. Although the draft was shelved due to the fears of a parochial few, I have no doubt that in the coming years the need for such a law will be acutely felt in the country.

For Neelan, being the internationalist he was, Parliament was not only a forum highlight national concerns but also concerns existing beyond our shores. He was particularly proud of the private member motion on the human rights situation in Burma that he table in Parliament in July, 1995. Calling for solidarity in expressing concern over the appalling human rights situation in that country and the persecution of the "Mandela of the East", Aung San Suu Kyi. Neelan said "(i)n the struggle for human values, even the smallest of initiatives can create ripples that become waves..." I wonder whether he realized that his erudition in the august assembly were among its few redeeming features?

The massive outpouring of grief over Neelan's untimely demise went well beyond our shores. I do not think that it was only the loss of a rich mind that gave rise to such grief. It was certainly grief at the loss of a unique man who was both brilliant and endearing at the same time. Neelan always found time for people, be they ordinary citizens or the powerful. There was a constant stream of troubled citizens seeking redress, students, researchers, journalists, scholars, politicians etc. to his office at Kynsey Terrace. He consciously nurtured young social scientists particularly those from Sri Lanka and the Subcontinent. The two think-tanks that he established in Colombo, the International Centre for Ethnic Studies (ICES) and the Law & Society Trust (LST), have over the years matured into premier centres of intellectual activity in the country offering opportunities and also refuge to scholars, especially the young. The interactions at these two institutions have enriched the lives of many of us.

At home

My own association with Neelan began when he invited me for a chat soon after I returned from graduate studies in 1991. I had not known him well before that. His gentle and unassuming manner and the passion with which he spoke about issues of common concern made me feel at home straight away. Thus began a inspirational journey for which I am ever grateful. It was Neelan who opened the gateway to South Asia for many of us who had made the traditional pilgrimage to the West to pursue graduate studies. It was through his initiatives that we met the giants of the intellectual firmament of South Asia and were exposed to their work and thinking. The constant stream of visiting scholars, artists and journalists etc. invited by him to ICES and LST was a veritable intellectual feast and continues to be so. That is an important part of the rich legacy that Neelan left behind.

I consider it a singular privilege to be a part of the large family that Neelan and Sithie nurtured with so much of affection and care. Their home was open to so many of us, night or day. Sithie makes sure that it still is. They always lent a shoulder to cry on at times of distress. They were always there to share in our triumphs and joy.

Some of the best moments of my life were those spent in that cozy library at their home, eating the delectable food they served, surrounded by friends and all sorts of interesting visiting personalities chatting on till the late hours about virtually everything under the sun - books, movies, latest political happenings, judgements etc. etc. Those wonderful moments were also part of our education. There in that setting I could observe the other endearing traits of Neelan. The gentle partner that he was to Sithie; the doting father that he was to Mithran and Nirgunan; the generous and affectionate host and friend that he was to all of us. Their home symbolized the pluralism that Neelan so ardently championed. Bronzes of Hindu deities side by side with Buddha statues; literature and music from various cultures and traditions; a variety of food served that trace their origins to a multitude of cultures.

In every sense, the life that Neelan lead was a celebration of everything good that humankind has to offer. While it is said that nobody is indispensable, I have come to realize that it is not so. Some are indeed indispensable. I feel so thankful to whoever or whatever force that determines our destinies that my life was touched and inspired by this beautiful human being called Neelan Tiruchelvam. He was that type of a person about whom we would want to tell our children and grandchildren.

We will not mourn you, Neelan, but we will celebrate your rich and humane legacy. May you rest in peace.

(Deepika Udagama)

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