MIC AGM

/* September 16th, 2009 by poobalan | View blog reactions No comments »
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Lawyer Murugesan Sinnavandar, 42, who stood for Subang parliamentary seat in the last General Elections, was selected to be the MIC secretary-general. Putera MIC coordinator, P Kamalanathan was appointed as MIC information chief. They both replace Dr S Subra and Saravanan respectively. Samy said its part of the process to attract younger people to join MIC.  Meanwhile, Datuk Jaspal Singh, 47, was appointed as Treasurer.

“I have chosen someone young to be the MIC secretary general. This is to show that the party is changing and this is one of the way for us to attract the younger generation,” Samy Vellu said in his closing speech at MIC’s 63rd general assembly at the Putra World Trade Centre today.

And they are going to allow for online registration too (something that was mentioned last year itself).

For a start, we will begin the online registration of new members through the MIC portal to attract the younger generations and professionals to join the party.

The party will also open up more branches headed by young people. We have identified at least 2,000 graduates for this purpose,” he said.

Meanwhile, Dato Subra will be facing referred (again) to the discplinary board as mentioned by Samy:

Former MIC deputy president Datuk S Subramaniam will be referred to the party’s disciplinary board on a charge of bringing supporters to disrupt the party’s 63rd general assembly yesterday, MIC president S Samy Vellu said.

“The group, comprising about 500 people, tried to create chaos. We are gathering information on this.

“I know who these groups are and so do the authorities. Disciplinary action will be taken against him. I’ve never seen incidents like this… I see it as an attempt to scare the delegates,” he told reporters on the sidelines of the second and final day of the general assembly today.

Among the eight resolutions made (read it here too) :

1. the government allocate loans through agencies or financial agencies to the Indian community to enable its members to purchase shares issued by the government. Such a step would supplement the government’s step to allocate 499 units of Amanah Saham Malaysia shares for the community.

2. On the issue of education, the MIC wants the government to prepare pre-school education opportunities for 80 per cent of Tamil schools as opposed to the 17.5 per cent now.

3. MIC wants the Education Ministry to increase the limit of subjects for the Sijil Pelajaran Malaysia (SPM) examination from 10 to 11 so that science stream SPM candidates can sit for the Tamil language and Tamil literature papers.

4. The party also welcomed the ‘1Malaysia: People First, Performance Now’ concept as well as the liberal policy of Najib.

5. The delegates also pledged their “wholehearted support” to MIC president Datuk Seri S. Samy Vellu for his role in helping the party uplift the Indian community. ”We appreciate the president’s efforts in making the party more relevant to the needs of the Indian community through the rebranding exercise,” they noted.

6. On skills training, the delegates want the programmes to be widely publicised and promoted to enable Indian youths a chance to gain new skills

7. The delegates also appreciated the government’s efforts to provide more funds for small and medium enterprises stating that it would help Indian SMEs. However, they want the government to expedite the disbursement of loans, ensure regular and systematic follow-ups with recipients and have an effective mechanism to monitor the loan disbursement.

I hope the resolutions don’t end up in the usual place. 🙂

Do you still remember the points mentioned during the general assembly in 2007? No? Let’s refer to the Star:

The MIC has formulated four activities to strengthen its political position as the sole representative of the Indian community in the country.

Its president Datuk Seri S. Samy Vellu said the activities included a major exercise to register every eligible Indian as a voter.

Divisions must organise voter registration campaigns and also make house-to-house visits, he said in his closing address at the MIC general assembly here yesterday.

Samy Vellu said that a bureau, to be headed by a Central Working Committee member, would undertake the campaign as well as make the necessary preparations for the forthcoming general election.

Elected representatives at Parliament and state assemblies must also ensure that they resolved problems of all communities in their constituencies and submit a report to him.

Samy Vellu said that a series of 17 seminars had been planned to chart the work and responsibilities of over 4,300 party branch leaders.

On the economic front, he said the party would follow up with Prime Minister Datuk Seri Abdullah Ahmad Badawi on the establishment of a dedicated delivery mechanism to ensure effective delivery of the Ninth Malaysia Plan for the Indian community.

“Our economic bureau will also identify 5,000 micro Indian entrepreneurs by 2010, provide them basic training and enable them to have access to microbusiness loans,” he said.

On education, he said there would be a review of the performance of Indian students in the SPM and STPM before strategies and remedies to improve their overall performance are developed.

“We will also identify Indian youths with intelligence and academic excellence and help them to access world-class higher educational institutions,” he said.

Samy Vellu said the party would identify 5,000 under-achieving youths at the SPM level and channel them into skills and industrial training institutions yearly.

“We will also review the remove class system where there are currently 6,000 Indian students, the status of teachers in Tamil schools, and Indians employed as teachers, headmasters, lecturers and in other positions in the Education Ministry,” he said.

He said a paper would be submitted to the Chief Secretary to the Government, on the appeals from excellent students who failed to obtain scholarships to pursue their studies overseas.

Samy Vellu said the party would identify the poor families, especially single mothers and the elderly, and ensure they received help through the welfare department.

Earlier, the MIC unanimously passed an amendment to the party constitution to allow the creation of Putra MIC at state and division levels for those aged between 18 and 30.

The party’s constitution amendment committee chairman, Tan Sri M. Mahalingam, said that the wing’s division level leaders would be elected while the state leaders would be appointed.

Is there some sort of report card to see the progress of those plans?

The assembly also saw changes to party constitution:

1. Limiting the presidency and division chairmanship to 3 terms only;

2. Branches to have minimum 60 members instead of 100. “Subject to the approval of the central working committee, a new branch may be established at such locality as the divisional congress may think appropriate, provided the application for the formation of such new branch congress is made in writing to the divisional secretary and signed by at least 60 persons in that locality,” the amendment reads.

3. Provision pertaining to the number of delegates a branch could have based on the number of members. Previously a branch was entitled to have a delegate for every 100 members but now the proportion is amended to one delegate per 60 members.

4. allows for the applications of membership through the Internet but they must be approved by the party’s central working committee, the party’s highest decision-making body

Among the suggestions made by Samy at the assembly:

1. MSC status for AIMST and surrounding areas

2. annual grant for AIMST

3. Intake of Indians into the civil service be expedited to achieve the 7.4% quota for the community set by the Government.

4. Government to instruct government-linked companies to provide adequate employment opportunities for Indians.

Anyway, this general assembly would be remembered for the “change” and “popular”  speech by PM Najib, something which Samy sees as incorrect.

And finally some quotes from the delegates:

“This government wants Indian support but at the same time works on splitting Indians,” stressed S Pulikesi from Batu Gajah, Perak.

“If these Indians (outside of MIC) claim that (MIC) leaders didn’t do anything, then they should join MIC and change the community,” he said.

His call came after Ampang MIC delegate M Muniandy criticised Mahathir for his caustic remarks against Samy Vellu.

“We clapped and welcomed Mahathir whenever he attended MIC meetings. Our president also praised him. Yet now, he (Mahathir) accuses Samy Vellu of not doing anything.

“If we accept that Samy Vellu didn’t do anything for the Indians, then what have you (Mahathir) done for the Indians in the 22 years (that he was premier)? Have you fulfilled all of our requests?” he asked.

“All of us are doing work on the ground and we have been campaigning more than MCA and Umno,” said T Nadesan from Pasir Gudang.

“We are a big party but we still have to beg from Umno for allocations,” he added.

Shah Alam delegate S Vickneswari praised Samy Vellu for his leadership, saying that Indians would still be tapping rubber trees in the estates if not for him.

“If our children question what MIC has done for the community, we should give them a tight slap and enlighten them,” she said. [whoa! cruelty and crime!]

As for party members, she stressed: “If we question MIC, we are questioning ourselves.”

Another woman delegate urged delegates not to praise Samy Vellu and other leaders too much.

“MIC members should discard this attitude … it is a bad habit,” she said.

Brain Power & Breathing techniques on Astro Vizhuthugal

/* September 16th, 2009 by poobalan | View blog reactions 5 comments »
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Speaker on Astro Vizhuthugal special speech about Brain Power & Breathing technique with practical. 14th Sept 2009 onwards, weekly Monday & Wednesday. Broadcasting twice each day 1st 9.30am and 2nd 10.30pm. Elan’s 20 years experience shared for Astro viewers. More then 7 major  brain breathing techniques will be thought theory, research results, benefits and practically.

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As a result of a special filming for Astro Vizhuthugal about Brain Power & Breathing techniques, the Vizhuthugal channel will be televising an edited series of programs for public viewing as follows –

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Poll on wearing vibuthi and praying

/* September 15th, 2009 by poobalan | View blog reactions 33 comments »
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Of late, I noticed less and less Indians wearing the religious mark on their foreheads.  Probably they are not Hindus, but Christians or Muslims. Or perhaps there are other reasons.

Perhaps its an indication that people may not be praying or they even don’t have much faith in the vague thing called religion.

What do you think? Do you wear any such religious marks on your forehead? Do vote in the poll at the sidebar.

Poll results for Shah Alam Section 19 temple issue

/* September 15th, 2009 by poobalan | View blog reactions No comments »
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This is the results of the poll that ran in this blog from September 4 till September 15. Total of 104 people voted. More than half said it should remain at the current location, while 8 respondents said it should be demolished! About 39% suggested relocation in one way or another.

[poll id=”11″ type=”result”]

family laws and conversion problem

/* September 14th, 2009 by poobalan | View blog reactions 1 comment »
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Earlier IKIM article talked about child conversion, while the one below focuses on the two set of laws that govern family/marital matters. The main point is the inability of the converting spouse to initiate divorce proceedings in civil court. I think it should be done before the person converts, not while/after converting. Get a clean slate and then continue with life. Or just set up a marriage dissolution tribunal, for example, to make the separation process easier and faster. The convert-t0-be can also be made to provide proof of divorce to the relevant state Islamic religious departments before he is processed for conversion.

Conversion and the family

IKIM VIEWS
By PROFESSOR DATUK DR ZALEHA KAMARUDDIN
DEPUTY DIRECTOR-GENERAL

Various legal hurdles still stand in the way of a dissolution of the marriage and custody of the children where only one spouse embraces Islam.AS DIFFERENT family laws apply to different communities within the same national legal system, by right, there should be minimal inter-relationship. However, on the few occasions that they intersect, there is much confusion and tension is created.

Family law in Malaysia now consists of Islamic law for all Muslims — contained in state legislation comprising administrative provisions and the substantive law based on the Quran and Sunnah (the primary sources) and authoritative interpretations (fiqh) and — since 1976, the Law Reform (Marriage and Divorce) Act (hereafter the Act) for all non-Muslims.

The separation extends to the courts: Syariah courts for Muslim family matters, which is the substantial part of its jurisdiction anyway, and a state entity, and the civil court, a Federal entity, for non-Muslim families. The Syariah court is prohibited by the Federal Consti­tution from assuming jurisdiction over non-Muslims.

Notwithstanding the same provision spelling out that the matters listed in it (mainly family matters) are within the jurisdiction of the Syariah court, the civil courts have encroached on the remit of the Syariah courts, in some instances, even in the same case.

To overcome this problem, the Constitution was amended to provide that the civil court will not encroach on matters within the jurisdiction of the Syariah court. However, the separation is still not complete.

The legal issues and problems that may arise upon conversion may be adumbrated as follows:

First, in Muslim family law a Muslim cannot marry a non-Muslim. So upon conversion, the marriage becomes invalid after a fixed period; the Act requires that it be formally dissolved.

Second, the Act recognises conversion to Islam as a ground for divorce (Sec. 51) and an imperative one at that; the two-year minimum period of marriage that must lapse before a petition may be presented is dispensed with [Sec. 51 (3)].

Third, the converting spouse is not allowed to petition for divorce; he or she may appear in the civil court only in response to the proceedings initiated by the non-Muslim spouse [Sec. 51 (1) of the Act]. [so, it means the non-converting spouse has to start the divorce process]

Fourth, if the non-Muslim spouse does not petition for divorce, is he or she entitled to the estate of the Muslim spouse, and what are the rights of the Muslim who has married the converting spouse? [These are the problems being faced]

Fifth, which law is to apply, the Act or Syariah, to the dissolution of the marriage and the custody of the children? [major problem here]

Sixth, which court is to decide? Strictly speaking, this is not a substantive family law question, but experience has shown that it has complicated matters with the civil and Syariah courts making conflicting, pre-emptive decisions.

For these complex questions to be resolved, there should, to begin with, be only one forum for both parties to go to as of right. [yeah, good idea]

The Royal Commission on Non-Muslim Family Law Reform (hereafter the Ong Commission), which drafted the Act, took the view, as it said so in its report, that married individuals, nearly always men, converted to Islam only to escape their obligations under their existing marriages, which is of course insulting to Islam and Muslims.

The failure to amend Section 51 of the Act is all the more difficult to understand as other provisions have been amended to ensure that the non-Muslim wife’s rights are not affected by the other spouse’s conversion to Islam, and should discourage conversion to Islam for the perceived purpose of avoiding marital obligations.

The position taken by the Ong Com­mission is also incompatible with its avowed aim to do away with “fault” in the sense of matrimonial misconduct as the basis for divorce, and to replace this with the modern concept of “breakdown” of the marriage: whether, taking the relationship in totality, the marriage could be said to have broken down irretrievably.

Conversion to Islam though a right under Islamic law and the Federal Constitution is, as far as the Act is concerned, to be seen as a matrimonial offence for which the converting spouse has to be put at a considerable disadvantage.

In providing that the Muslim spouse should remain trapped in a marriage that has broken down, the legislation goes against one of the principal considerations of the Ong Commission, that estranged spouses should be given an expeditious dissolution of their marriages.

Authoritative Muslim and non-Muslim family law scholars and lawyers are of the view that the Act should be amended to allow the Muslim spouse to go to the civil court on his/her own initiative as the marriage was at its inception a civil law marriage. [yes, this should be allowed!]

Since 2007, the Attorney-General has organised a series of face-to-face meetings between Muslim and non-Muslim groups to arrive at fair, practically negotiated solutions to all questions of ancillary relief consequential upon divorce.

To both Muslims and non-Muslims the discussions have been salutary; they had to think not only in terms of what was demanded by their side only but also to think in terms of what was and fair and acceptable to both sides.

And Muslim representatives ex­hausted the whole range of interpretations of Islamic law to find solutions rather than relying on some basic propositions. However, they had to be extra careful, not only taking into account that the Sultans are heads of religion in their respective states but also that observing Islamic law and teachings in all aspects of life is the main Islamic duty of all Muslims, as encompassed in the concept of tauhid.

It is expected that the earlier provisions having been accepted by both sides (without any further interventions from unseen hands), will be an interesting instance of harmon­isation of Malaysian civil law and Islamic law, and will be a truly Malaysian contribution to the resolution of conflict of laws within a national legal system.

So, has it been accepted or not? I still remember the ex-PM Badawi saying there’s some sort of team set up to settle the inconsistencies in the laws so that problems related to conversion can be sorted out. Until now no news. Another case will come up, we make more noise. Then quiet again. Till another case. The cycle continues, but no solution in sight.