The fate of whether an Indian Hindu wife can seek justice in the civil courts - despite her Islam-convert husband initiating divorce proceeding in the syariah courts - will be known tomorrow.The Federal Court - the country’s highest court - will announce their decision three months after lawyers from both sides of the controversial case made their final arguments.
The three-member panel comprising justices Nik Hashim Nik Ab Rahman, Abdul Aziz Mohamad and Azmel Ma'amor will decide whether the civil or syariah court is more authoritative on the issue of divorce when one spouse converts to Islam - an issue that has been a long-standing moot point in the trial.
Subashini, 28, is trying to stop her 31-year-old husband, T Saravanan - a Hindu who has converted to Islam and assumed the name Muhammad Shafi Saravanan Abdullah - from taking their divorce and custody proceedings to the Syariah Court.Saravanan converted in May 2006 along with their eldest son, Dharvin Joshua, 4.
The husband then launched proceedings in the Islamic syariah court for divorce as well as custody of their second son, Sharvin, 2.During her appeal to the lower Court of Appeal on March 13, justices Suriyadi Halim Omar and Hassan Lah - who made the majority 2-1 decision - told her to take her case before the Syariah Court instead, while justice Gopal Sri Ram dissented.
According to the majority decision, the injunction sought by Subashini was unnecessary because the Syariah Court is competent enough decide on the matter.However, on March 30, Subashini was granted an interim injunction by the Court of Appeal restraining Saravanan from pursuing his claims in the Islamic court.
The injunction also effectively restrained him from converting their youngest son to Islam and from pursuing his custody claims in the Syariah Court.It was also held in the landmark ruling that a Muslim could apply to the Islamic court to convert his or her underage children without permission from the non-Muslim spouse.Three possible outcomesThere are three likely possible outcomes from the Federal Court tomorrow:1.
The court may decide against Subashini on technical grounds - over the date of Subashini's divorce petition which was within three months of her husband's conversion date.According to the law, the petition should be filed three months after the conversion date. Subashini argued that she was not aware of the date of her husband’s conversion.
If so, the case will be thrown out and lawyers can choose to file her divorce petition again.2. The court may decide against Subashini on substantive grounds - that the Syariah Court has jurisdiction and orders her to take her case there. This effectively rules that civil courts have no say in conversion cases especially after syariah proceedings have commenced.3. The court may decide for Subashini - she will get remedy in civil courts, her husband may not proceed further in syariah courts and he has to go back to civil courts because their marriage was originally solemnised under civil law.
Aftershocks from Joy
This decision will be the second time the apex court is to decide on a matter involving the vexing issue of religious freedom.Previously, the Federal Court held that the jurisdiction on issues concerning a Muslim who wants to convert to another religion lies with the Syariah Court.In the landmark judgment by former chief justice Ahmad Fairuz Sheikh Abdul Halim, Lina Joy was held to remained a Muslim and her religious status cannot be removed from her identity card.
Born an ethnic Malay Muslim, and called Azlina Jailani, Joy was introduced to Christianity in 1990.It has left her fighting authorities, first for her new name to be put on her identity card, then to have her former religion removed.The controversial judgment has left the nation divided over one's freedom of religion as enshrined in Article 11 of the Federal Constitution.
Wednesday, December 26, 2007
Writing on the wall for MIC supremo
Athi Veeranggan Dec 26, 07 12:59pm
It was a rare sight.The jeering and booing of Works Minister S Samy Vellu at the Penang International Sports Arena (Pisa) last Sunday shows the naked truth that a growing number of Indian Malaysians are against the MIC strongman.On Sunday night, loud boos accompanied Samy Vellu on stage as he emerged to officiate Astro’s 'Aattam 100 Vagai' (100 types of dance), an international modern Indian dance competition [YouTube video].If the crowd's unhappiness was anything to go by, Indian Malaysians want the beleaguered Samy Vellu to gracefully relinquish both his party and government positions immediately."The message is loud and clear.
Hindu masses have had enough of Samy Vellu,” said Penang-based United Hindu Religious Council President G Mugunthan, 65."Samy Vellu (should) honourably resign. He has been ‘warming’ the chair for far too long."Indeed, Samy Vellu has firmly held the party’s reign for nearly 30 years. During this period, he has made sure that he is the only Indian cabinet minister, no one else. Obviously, he wants to be revered as the supreme leader for the 1.8 million Tamil-speaking Indians in the country.In the past, he called all the shots and held the key to all major government decisions on issues pertaining to Indian affairs.
Stability in MIC
Certain party insiders believe that Samy Vellu's autocratic political style has provided stability within the party.But political stability of a party does not guarantee prosperity for the community."It will work so long (that) there is no dissent. Now after 50 years, Hindus have finally (awaken) from their deep slumber to realise that Barisan Nasional, MIC and Samy Vellu have had deceived and manipulated them for selfish gains," said a MIC observer who declined to be named.It is a known fact that the majority of Indian Malaysians have been staunch BN supporters over the years. In return, they expected the ruling coalition to safeguard and enhance their interests, rights and benefits.However, this did not happen.
The nationwide awakening was driven by the Hindu Rights Action Force (Hindraf). It rapidly caught fire due to prevailing discontentment, disenchantment and disillusionment amongst Indian Malaysians.A political observer said that Hindraf does not need to spread lies to capture the imagination of the Hindu masses since the disturbing truth created by MIC and BN’s lopsided policies was evident enough."The Hindu masses needed a spark and they got it through Hindraf,” the observer noted. "At Pisa, Hindus vent their anger against the MIC leader for his feudal-style leadership tainted by cronyism, nepotism, corruption and miseries to Indians through the country. Never before have Hindus loathed and despised the MIC supremo so openly."The abuses and foul words lashed out last weekend would have traumatised anyone but the thick-skinned Samy Vellu took it all in his stride.He even had the cheek to wave to the abusive crowd of largely Indian youths who wanted the long-time Indian leader to get out of their sight.But what about him?
Malaysian Indian United Party (MIUP) Penang pro-tem liaison committee chairman L Balasupramaniyam described the whistling and jeering as a "mass dissatisfaction and displeasure demonstrated against the mess created by Samy Vellu and company.""Samy Vellu said MIC would change its elected representatives who were suffering from ‘fatigue’. But what about him?” asked Balasupramaniyam.It is undoubtedly time for the government to look more seriously into the problems affecting Indian Malaysians and resolve them by taking effective measures.Mugunthan said that the government should not merely listen to MIC and the array of party-linked NGO leaders.He added that the government should understand the fact that thousands of Indian Malaysians do not recognise Samy Vellu as their leader.All the issues resurfacing now are issues that should been resolved in last 50 years, he added. The BN-led government has failed to so despite numerous calls by various parties.Indian Malaysians have been on the losing end after backing BN and MIC for all these years. They now want what is rightfully theirs.
On Nov 25, they collectively showed their disapproval to the failures of BN, MIC and Samy Vellu in the streets of Kuala Lumpur and once again, a month later in Penang's Pisa.It is up to Prime Minister Abdullah Ahmad Badawi, Samy Vellu and the party to see the writing on the wall.It is there for all to see. It would be the height of arrogance if Samy Vellu fails to see it himself.
It was a rare sight.The jeering and booing of Works Minister S Samy Vellu at the Penang International Sports Arena (Pisa) last Sunday shows the naked truth that a growing number of Indian Malaysians are against the MIC strongman.On Sunday night, loud boos accompanied Samy Vellu on stage as he emerged to officiate Astro’s 'Aattam 100 Vagai' (100 types of dance), an international modern Indian dance competition [YouTube video].If the crowd's unhappiness was anything to go by, Indian Malaysians want the beleaguered Samy Vellu to gracefully relinquish both his party and government positions immediately."The message is loud and clear.
Hindu masses have had enough of Samy Vellu,” said Penang-based United Hindu Religious Council President G Mugunthan, 65."Samy Vellu (should) honourably resign. He has been ‘warming’ the chair for far too long."Indeed, Samy Vellu has firmly held the party’s reign for nearly 30 years. During this period, he has made sure that he is the only Indian cabinet minister, no one else. Obviously, he wants to be revered as the supreme leader for the 1.8 million Tamil-speaking Indians in the country.In the past, he called all the shots and held the key to all major government decisions on issues pertaining to Indian affairs.
Stability in MIC
Certain party insiders believe that Samy Vellu's autocratic political style has provided stability within the party.But political stability of a party does not guarantee prosperity for the community."It will work so long (that) there is no dissent. Now after 50 years, Hindus have finally (awaken) from their deep slumber to realise that Barisan Nasional, MIC and Samy Vellu have had deceived and manipulated them for selfish gains," said a MIC observer who declined to be named.It is a known fact that the majority of Indian Malaysians have been staunch BN supporters over the years. In return, they expected the ruling coalition to safeguard and enhance their interests, rights and benefits.However, this did not happen.
The nationwide awakening was driven by the Hindu Rights Action Force (Hindraf). It rapidly caught fire due to prevailing discontentment, disenchantment and disillusionment amongst Indian Malaysians.A political observer said that Hindraf does not need to spread lies to capture the imagination of the Hindu masses since the disturbing truth created by MIC and BN’s lopsided policies was evident enough."The Hindu masses needed a spark and they got it through Hindraf,” the observer noted. "At Pisa, Hindus vent their anger against the MIC leader for his feudal-style leadership tainted by cronyism, nepotism, corruption and miseries to Indians through the country. Never before have Hindus loathed and despised the MIC supremo so openly."The abuses and foul words lashed out last weekend would have traumatised anyone but the thick-skinned Samy Vellu took it all in his stride.He even had the cheek to wave to the abusive crowd of largely Indian youths who wanted the long-time Indian leader to get out of their sight.But what about him?
Malaysian Indian United Party (MIUP) Penang pro-tem liaison committee chairman L Balasupramaniyam described the whistling and jeering as a "mass dissatisfaction and displeasure demonstrated against the mess created by Samy Vellu and company.""Samy Vellu said MIC would change its elected representatives who were suffering from ‘fatigue’. But what about him?” asked Balasupramaniyam.It is undoubtedly time for the government to look more seriously into the problems affecting Indian Malaysians and resolve them by taking effective measures.Mugunthan said that the government should not merely listen to MIC and the array of party-linked NGO leaders.He added that the government should understand the fact that thousands of Indian Malaysians do not recognise Samy Vellu as their leader.All the issues resurfacing now are issues that should been resolved in last 50 years, he added. The BN-led government has failed to so despite numerous calls by various parties.Indian Malaysians have been on the losing end after backing BN and MIC for all these years. They now want what is rightfully theirs.
On Nov 25, they collectively showed their disapproval to the failures of BN, MIC and Samy Vellu in the streets of Kuala Lumpur and once again, a month later in Penang's Pisa.It is up to Prime Minister Abdullah Ahmad Badawi, Samy Vellu and the party to see the writing on the wall.It is there for all to see. It would be the height of arrogance if Samy Vellu fails to see it himself.
Monday, December 24, 2007
Samy promises new faces for GE
RK Anand Dec 22, 07 6:54pm
MIC’s elected representatives who have reached the ‘fatigue stage’ would be dropped and replaced by new faces in the coming general election, said the party’s president S Samy Vellu today."Looking at the situation, I am going to do many changes. This is sure to happen," he said when interviewed in RTM's Tamil talkshow "Karuthu Kalam" or "Opinion Forum" aired over RTM2 today.
Samy spoke about wide-ranging issues from when he entered politics and the challenges being faced by the party and the Indian community."Normally, I introduce new faces in elections and I assign them special tasks."Since I work long hours, I can't be monitoring them all the time.
That will affect my job," he said.He said he could tell them about their responsibilities during the MIC's monthly central working committee (CWC) meetings."Few are clear about their duties and carry out their responsibilities accordingly (but) some have reached the fatigue stage," he said.At present MIC has nine members of Parliament and 19 state representatives.
Many would see the proposal to introduce new faces by the party in the coming general election as a way by Samy to recapture the trust of the Indian community.The Indian community has been quite critical in the recent past over what is seen as the party’s and its leaders’ failures to uplift the community. We have benefited
Samy also said that he entered politics in 1957 "with a view to change the condition of the Indian community"."That was one of the main reasons for me to join politics. It was permanently in my mind. I kept thinking for ways and means to create a better situation to upgrade the condition of the community."When I became president of MIC in 1979, I realised that only by transforming the community into an educated community, we would be able to compete and be on par with others," he said.He also said that he has not stopped fighting for the community in his 29 years of service as a minister.
He is presently the works minister."I have talked everything. I can tell one thing to those who ask on what I've done. I can't reveal what I've talked, what I've fought in the cabinet."We have taken an oath of secrecy and we should not reveal anything that have been decided in the cabinet because those government documents are classified as official secrets," he said.
To a question, the MIC chief said not all the requests made by the MIC were put aside by the government."During the 29 years, when we request for 20, we get 10. So we have always benefited. We can't say we didn't get anything. “I have records on what we have got. I know how the government has been channelling the assistance," he added
Gerakan Moves To Act Against Paranjothy Over Sensitive Remarks
PENANG, Dec 23 (Bernama) -- Gerakan has initiated disciplinary action against its Youth vice-chief S. Paranjothy over his racially sensitive remarks against Umno.
Gerakan acting president Tan Sri Dr Koh Tsu Koon said Sunday the party viewed the matter seriously and that the case has been referred to the Disciplinary Committee for a decision on the action to be taken before it was to be brought to the party's Central Working Committee (CWC).
He said the action against Paranjothy could be in the form of a suspension or explusion from the party."We will abide by the party's procedure before deciding on the form of action to be taken," he told a news conference at the Gerakan state head office here.Paranjothy is alleged to have issued a press statement claiming that he was not happy with Umno and the way Indians in the country were being treated.
Koh said Paranjothy had disregarded the team spirit in Gerakan because as the party's Youth vice-chief he should have consulted other party leaders before making a major statement."His action is clearly contrary to my advice for Gerakan to always find constructive solutions to all problems, no matter how difficult, including matters related to the problems faced by the Indians," he added.He regarded as inappropriate Paranjothy's open verbal "attack" of another BN component party.-- BERNAMA
Gerakan acting president Tan Sri Dr Koh Tsu Koon said Sunday the party viewed the matter seriously and that the case has been referred to the Disciplinary Committee for a decision on the action to be taken before it was to be brought to the party's Central Working Committee (CWC).
He said the action against Paranjothy could be in the form of a suspension or explusion from the party."We will abide by the party's procedure before deciding on the form of action to be taken," he told a news conference at the Gerakan state head office here.Paranjothy is alleged to have issued a press statement claiming that he was not happy with Umno and the way Indians in the country were being treated.
Koh said Paranjothy had disregarded the team spirit in Gerakan because as the party's Youth vice-chief he should have consulted other party leaders before making a major statement."His action is clearly contrary to my advice for Gerakan to always find constructive solutions to all problems, no matter how difficult, including matters related to the problems faced by the Indians," he added.He regarded as inappropriate Paranjothy's open verbal "attack" of another BN component party.-- BERNAMA
Friday, December 21, 2007
Samy out of touch with the community
The Indian voters, who for long have been loyal to the Barisan Nasional, will shift away from voting for the ruling coalition in the next general election, predicted Opposition Leader Lim Kit Siang.
He also said that the elections will be held in March next year. Constitutionally the prime minister need not call for a national poll until April 2009. Speaking at a forum held in Ipoh yesterday, Lim said that the next general election will be different due to the “awakening of political consciousness among the Malaysian Indians”.“They are an important factor in determining the electoral outcome,” he said.
He added that although there were no single parliamentary or state assembly constituencies where the Indian voters constitute the majority of the electorate and could singly decide on the outcome, Indian voters nevertheless represented over 10 percent of the electorate in 62 parliamentary constituencies and 138 state assembly constituencies.“
In 28 parliamentary and 78 state assembly constituencies in Peninsular Malaysia, the Indian voters are the ‘kingmakers’ as they constitute more than 15 percent of the electorate and exercise as decisive influence as to who wins or loses in the constituency,” he added.Lim also trained his attacks on MIC president S Samy Vellu, whom he said had confirmed that the government had dismissed the community’s legitimate grievances in an RTM interview on Wednesday night.
On the show, he talked about the development and success of the Indian community. Serious denial syndromeSamy’s responses in the interview, Lim charged, showed that the minister had lost touch with the Indian community. Lim further claimed that Samy has a "serious denial syndrome" when he claimed that the government has never neglected the Indians.
According to him, Samy blamed "ineffective delivery system" in dismissing legitimate grievances of the Indians over political, economic, educational, social, cultural and religious marginalisation. Saying that it was a very poor excuse, Lim told that "Samy Vellu cannot run away from the fact that he had been the MIC president and sole Indian cabinet minister for over 28 years”.
In the interview Samy, who is also the works minister, was quoted as saying that he had asked Abdullah to "give a bit more to the Indians".On this issue, Lim asked: "Why is he asking ... as if (he) must beg on behalf of the Indians, when (they) are entitled to ask what should be rightfully theirs?"Samy’s constituency Sungai Siput is one area where the Indian voters make about 22.45 percent.
He also said that the elections will be held in March next year. Constitutionally the prime minister need not call for a national poll until April 2009. Speaking at a forum held in Ipoh yesterday, Lim said that the next general election will be different due to the “awakening of political consciousness among the Malaysian Indians”.“They are an important factor in determining the electoral outcome,” he said.
He added that although there were no single parliamentary or state assembly constituencies where the Indian voters constitute the majority of the electorate and could singly decide on the outcome, Indian voters nevertheless represented over 10 percent of the electorate in 62 parliamentary constituencies and 138 state assembly constituencies.“
In 28 parliamentary and 78 state assembly constituencies in Peninsular Malaysia, the Indian voters are the ‘kingmakers’ as they constitute more than 15 percent of the electorate and exercise as decisive influence as to who wins or loses in the constituency,” he added.Lim also trained his attacks on MIC president S Samy Vellu, whom he said had confirmed that the government had dismissed the community’s legitimate grievances in an RTM interview on Wednesday night.
On the show, he talked about the development and success of the Indian community. Serious denial syndromeSamy’s responses in the interview, Lim charged, showed that the minister had lost touch with the Indian community. Lim further claimed that Samy has a "serious denial syndrome" when he claimed that the government has never neglected the Indians.
According to him, Samy blamed "ineffective delivery system" in dismissing legitimate grievances of the Indians over political, economic, educational, social, cultural and religious marginalisation. Saying that it was a very poor excuse, Lim told that "Samy Vellu cannot run away from the fact that he had been the MIC president and sole Indian cabinet minister for over 28 years”.
In the interview Samy, who is also the works minister, was quoted as saying that he had asked Abdullah to "give a bit more to the Indians".On this issue, Lim asked: "Why is he asking ... as if (he) must beg on behalf of the Indians, when (they) are entitled to ask what should be rightfully theirs?"Samy’s constituency Sungai Siput is one area where the Indian voters make about 22.45 percent.
'9 reasons' to lock up Uthayakumar
'9 reasons' to lock up Uthayakumar
Andrew Ong Dec 21, 07 3:50pm
Of the five Hindraf leaders detained under the Internal Security Act (ISA), P Uthayakumar recorded the highest number of reasons which the government used to support his detention. The nine reasons were listed in the detention order as an annexure titled “Allegations of facts” on which the order is based - a requirement under Section 11 (2) (b) of the ISA. Other than five seditious speeches, Uthayakumar was accused of organising three illegal assemblies - at the Prime Minister’s Office in Putrajaya, outside Parliament and outside the Attorney-General’s Department - between Nov 2006 to August 2007.
The final reason is his alleged links to Liberation Tigers of Tamil Eelam (LTTE), a separatist group in Sri Lanka which has been declared a terrorist organisation by a number of western countries.Uthayakumar has vehemently denied Hindraf's links to LTTE.Two other Hindraf leaders detained under ISA - V Ganabatirau and T Vasantha Kumar - had six allegations mentioned in their respective detention orders. M Manoharan chalked up seven while R Kenghadharan had only three.
The four other detainees were mostly accused of making ‘seditious speeches’ during Hindraf organised public forums and taking the movement’s cause overseas. Hearing next week The five were detained under the ISA on Dec 13 based on an order signed by Prime Minister Abdullah Ahmad Badawi under his Internal Security Minister portfolio.
The detainees were immediately sent to the Kamunting Detention Centre to serve their two-year detention. In a related development, Karpal Singh - counsel for the five Hindraf leaders - today filed habeas corpus applications for Uthayakumar and Vasantha Kumar at the Kuala Lumpur High Court.
The applications follows similar applications made by Karpal on behalf of Manoharan and Ganabatirau on Wednesday. Speaking to reporters later, Karpal said Judicial Commissioner Zainal Azman Abd Aziz would be hearing all four cases next Wednesday. A habeas corpus application for Kenghadharan would be made on Monday. The move is believed to be a deliberate attempt to disassociate him from Hindraf.
Hindraf supporters shave heads to protest detention
Source : MalaysiaKini
More than a dozen ethnic Indian activists shaved their heads outside Batu Caves temple today to protest the detention of their leaders under the tough Internal Security Act (ISA).
Five leaders of the Hindu Rights Action Force (Hindraf), calling for an end to alleged discrimination of Indians in multi-racial Malaysia, were held last week under the ISA which allows for indefinite detention without trial.
More than 100 Indians gathered on the banks of a river near a temple at Batu Caves, just outside Kuala Lumpur, where 16 people shed their hair.
"The 16 of us have shaved our heads as a protest against the detention of the five leaders of Hindraf who are being held under the ISA," said activist S Jayathas.
"We do not believe they are a threat to national security and we think the ISA should be abolished," he added.
According to rights group Suaram, 89 people are currently being held under the ISA with almost half of those held being alleged Islamic militants.
Gandhi posters
The group then carried pictures of Indian non-violence Independence leader Mohandas K Gandhi as they headed towards the temple where prayers were held.
"In the Hindu religion, people shave their heads as a sign of mourning," said opposition PKR leader Sivarasa Rasiah, who was present at the event.
"Here, it reflects the sadness over the detention of the leaders and that protests against their detention and the fight against discrimination will continue," he told AFP.
Hindraf enraged the government last month by mounting a mass rally alleging discrimination in Malaysia, which is dominated by Muslim Malays.
Police used tear gas, water cannon and baton charges to break up the street protest, which drew 30,000 people and came just two weeks after another rare demonstration organised by electoral reform campaigners.
More than a dozen ethnic Indian activists shaved their heads outside Batu Caves temple today to protest the detention of their leaders under the tough Internal Security Act (ISA).
Five leaders of the Hindu Rights Action Force (Hindraf), calling for an end to alleged discrimination of Indians in multi-racial Malaysia, were held last week under the ISA which allows for indefinite detention without trial.
More than 100 Indians gathered on the banks of a river near a temple at Batu Caves, just outside Kuala Lumpur, where 16 people shed their hair.
"The 16 of us have shaved our heads as a protest against the detention of the five leaders of Hindraf who are being held under the ISA," said activist S Jayathas.
"We do not believe they are a threat to national security and we think the ISA should be abolished," he added.
According to rights group Suaram, 89 people are currently being held under the ISA with almost half of those held being alleged Islamic militants.
Gandhi posters
The group then carried pictures of Indian non-violence Independence leader Mohandas K Gandhi as they headed towards the temple where prayers were held.
"In the Hindu religion, people shave their heads as a sign of mourning," said opposition PKR leader Sivarasa Rasiah, who was present at the event.
"Here, it reflects the sadness over the detention of the leaders and that protests against their detention and the fight against discrimination will continue," he told AFP.
Hindraf enraged the government last month by mounting a mass rally alleging discrimination in Malaysia, which is dominated by Muslim Malays.
Police used tear gas, water cannon and baton charges to break up the street protest, which drew 30,000 people and came just two weeks after another rare demonstration organised by electoral reform campaigners.
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