Posts Tagged ‘MIC’

SV – ‘I have proof Anwar did not help Indian tradersÂ’

May 7th, 2007
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‘I have proof Anwar did not help Indian traders’
http://www.nst.com.my/Current_News/NST/Monday/National/20070507081920/Article/index_html
SHAH ALAM: Datuk Seri S. Samy Vellu’s claim that he can prove how Datuk Seri Anwar Ibrahim ignored the needs of Indians while in government is no empty boast.
The MIC chief still has the letters of rejection issued by the Parti Keadilan Rakyat leader to members of the Indian business community who had applied for opportunities to better themselves.
“For nine years, he rejected all applications from the Indian business community and I have the letters to prove it,” he said after opening the general assemblies of MIC Wanita, Pemuda and Puteri 2007 at Dewan Jubli Perak.
He said Anwar, who was the former deputy prime minister, was out of touch with reality and had no grounds to accuse the MIC of neglecting the needs of Indians.
“He never helped the community while in government,” he said in rejecting Anwar’s allegations made in Malaysiakini. On the defeat of Parti Keadilan Rakyat candidate Tan Sri Khalid Ibrahim in the Ijok by-election, he said Indian voters wanted to teach him a lesson as he had also ignored the needs of Indians.
‘The reality is this. He (Khalid) had forced Indian workers off estates. I have the photographs to prove this.”
Samy Vellu also rejected allegations that the Barisan Nasional had used money politics to win by-elections.
He said the Indians had found their feet in business and other sectors with the Barisan Nasional government, reducing the number of Indians in estates from 80 per cent to 38 per cent.
“Opportunities for Indians to obtain higher education followed by jobs have brought changes to the community.”
Samy Vellu added that the MIC was evolving with new leaders coming to the forefront to work with veterans.
“This is a healthy trend with young leaders like new Ijok assemblyman, K. Parthiban, emerging to enhance the party leadership.”
Earlier, Samy Vellu said Wanita MIC should look into the plight of the 10,000 single Indian mothers who were largely in dire straits

MIC grooming 3G leaders

May 7th, 2007
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Samy: MIC grooming 3G leaders
http://www.thestar.com.my/news/story.asp?file=/2007/5/7/nation/17651534&sec=nation
SHAH ALAM: MIC is grooming its third generation of leaders to take over but still needs the seniors for guidance and advice to help the Indian community.
“The younger leaders still need the services of the seniors. How else can they carry out their political activities?” said MIC president Datuk Seri S. Samy Vellu at the joint opening of the MIC Wanita, Youth and Puteri general assemblies here yesterday.
“At the moment we have several youngsters but only the president is an old man who cannot walk,” he quipped.
He said the party would groom a new generation of young leaders dubbed “Gen 3” or the Third Generation, who would be trained on MIC’s objectives, mission and vision.
Samy Vellu, who is the Works Minister, urged MIC Wanita and Youth leaders to go to the ground for the next three months and prepare reports on pressing problems and needs.
“I need 100,000 MIC youths to help in the Barisan Nasional campaign for the next general election.” he said.
Samy Vellu also urged MIC Wanita to compile data on single mothers and the problems they faced with a view to helping them.
“There are more than 10,000 single mothers in the country compared to between 2,000 to 3,000 previously,” he said.
One of the issues raised later at the MIC Wanita assembly concerned the difficulty poor Indian families faced when trying to get welfare aid.
Tanjung Karang division leader M. Rajathy said welfare officers rejected applications for aid just because a family owned a television set.

Marimuthu’s Saga…Kids return, but how can we help?

May 5th, 2007
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1. What is the status of the children? Anak luar nikah since marriage is not legal? 2. What is the mother name in the birth certificate? 3. Is the religion stated as Hindu in birth cert? 4. What we can do to help Marimuthu and his family? Eldest son not schooling; they don’t have enough food? Will they later regret staying true to their religion when after all the noise, they still end up alone and poor? I mean, if they converted, help will come from all quarters. 5. Can the couple get married legally without either one converting? 6. Is Raimah to be penalised for “khalwat/zina”?
Who can answer this? Lawyers? MHS? Cabinet? PM? Samy Vellu? Jabatan Agama Islam? Jabatan Pendaftaran?
Whatever it is, the way the department handled this issue, with the video clip of Al Jazeera program available all over the net and newspapers highlighting this, it is indeed a slap in the face for Islam in Malaysia. Even if the religion is acceptable, the followers really make a mess out of it. We are more worried now than before.

Marimuthu gets his ‘snatched’ children back By : Teresa Yong

BATANG KALI: Last night, after 33 days of separation, rubber tapper P. Marimuthu was finally reunited with his six children.
His sad face broke into a smile as all his children rushed to hug and greet him as they reached their family home in Kampung Stesyen Tambahan, Ulu Yam Lama here.
His youngest son, Kaberan, 4, clung to him and played with his earlobes, which he habitually does when he goes to bed with Marimuthu.
Similarly, Shamala, 5, was also clingy, while the older ones, Yoogenaswary, 13, Paramila, 11, Hariharan, 8, and Ravindran, 6, were all smiling and happy to pose for the press.
“I will sleep easy tonight. I have not been sleeping and eating since they were taken away (by the Selangor Islamic Religious Department) officials on April 2). “I will look after them with the help of my oldest son Muniswaran,” said Marimuthu.
The separation came about after Marimuthu and his companion, Raimah Bibi Noordin, reached a settlement at the High Court in Shah Alam on Wednesday.
Marimuthu and Raimah had spent 21 years together and had seven children but they were not legally married.
In the court, Raimah, 39, said she was a born Muslim and would remain one.
Marimuthu can now raise his children in the Hindu faith, while Raimah, in return, has been given absolute access to her children at any time.
Their son Muniswaran, 14, who had dropped out of school, said he would take care of his siblings when his father was at work.
Asked how they would cope, he said: “We can eat porridge as long as we stay together as a family.”
Selangor state legal adviser Datuk Zauyah B. Loth Khan, who appeared for Jais, did not object to the agreement in court.

Hindu man gets custody of children by Muslim wife

May 4th, 2007
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the 3 articles are from The Sun (1) and NST(2). Sadly, the Star did not have the its version published online.

“Karpal later told reporters Raimah Bibi had filed an affidavit stating she had left her husband’s home willingly and on her own accord”.
“I am not unlawfully detained by anyone. I agree to hand over custody of our children into my husband’s care and I will have unrestricted access to them at all times,” she said.
Both Marimuthu and Raimah Bibi were seen shedding tears after the verdict and spoke to each other briefly.”

– What did you understand after watching the clip from AlJazeera program EveryWoman?

Couple agrees to live apart, custody of children given to Hindu hubby
http://www.sun2surf.com/article.cfm?id=17808

SHAH ALAM (May 3, 2007): A 40-year-old woman today agreed to live apart from her non-Muslim husband and gave him custody of their seven children after choosing to continue practising Islam. She is, however, given unlimited access to her children aged four to 14, the product of their 20-year marriage which was not formally registered.
It was a touching scene at the High Court here when Raimah Bibi Noordin, 40, told Justice Datuk Su Geok Yiam she had agreed to hand over her children to 44-year-old P. Marimuthu whom she had married according to Hindu rites.
Raimah will now live apart from Marimuthu, who will bring up the children, comprising four boys and three girls, according to Hindu tradition.
She will have to fend for herself, with some aid from the Selangor Islamic Religious Department (JAIS).
Marimuthu had filed a habeas corpus application against JAIS, alleging that his wife and six of their children were being unlawfully detained by JAIS which took them from their home in Kampung Baru Tambahan, Ulu Yam Lama, in Batang Kali, on April 2.
With today’s agreement, the application was withdrawn.
Karpal Singh, who represented Marimuthu, told Su both parties had reached an agreement on the matter.
“The children will be surrendered to Marimuthu and they will continue to be raised as Hindus while Raimah Bibi remains steadfast as a Muslim. She will have absolute access to the children at any time,” said Karpal.
Karpal later told reporters Raimah Bibi had filed an affidavit stating she had left her husband’s home willingly and on her own accord.
State legal adviser Datuk Zauyah Loth Khan, who represented JAIS, told Su the habeas corpus application was withdrawn after Marimuthu agreed his wife was not being unlawfully detained by JAIS.
“The arrangements are as stated by Karpal … access to the children without any restrictions. Raimah Bibi is a Muslim and will continue to practise Islam.”
Karpal then requested the court to hear it personally from Raimah Bibi and to obtain her confirmation on the arrangement.
Clutching her headscarf and wiping away tears, Raimah Bibi nodded and answered the judge’s questions.
“I am not unlawfully detained by anyone. I agree to hand over custody of our children into my husband’s care and I will have unrestricted access to them at all times,” she said.
Both Marimuthu and Raimah Bibi were seen shedding tears after the verdict and spoke to each other briefly.
Outside the courtroom, Karpal said the outcome of the case was akin to that judged by King Solomon, whereby a mother who was involved in dispute with another woman over her baby, decided to let the other woman take her child when the king ordered that the child be split in half and shared.
Asked about the status of Raimah Bibi’s marriage, Karpal said it remained but the couple would be living apart.
The six children are now staying with Raimah Bibi in a rented home in Bandar Utama Batang Kali, about 2km from Marimuthu’s house.
Zauyah, when asked if Raimah Bibi would seek to anull her marriage to Marimuthu, said they had not decided.
DAP’s Lim Kit Siang, who was also present, said the outcome of the case has resulted in an open-ended solution which divided the couple.
Karpal later said an arrangement was being made to take custody of the children from Raimah Bibi today.

Hindu man gets custody of children by Muslim ‘wife’ By : V.Anbalagan
http://www.nst.com.my/Current_News/NST/Friday/Frontpage/20070504074728/Article/index_html

SHAH ALAM: In an about turn, tapper P. Marimuthu will be reunited with his six children today, a month after they were allegedly taken away by the Selangor Religious Department (Jais) officials.
This came about after Marimuthu and his companion, Raimah Bibi Noordin, reached a settlement at the High Court yesterday.
The tapper will now raise his children in the Hindu faith, while Raimah, in return, was given visiting rights.
It has now emerged that although Marimuthu and Raimah spent 21 years together and had seven children, they were not legally married.
In court yesterday, Raimah, 39, said she was a born Muslim and would remain one. Clad in baju kurung and wearing a head scarf, she broke down when judge Datuk Su Geok Yiam asked her whether she was prepared to give up custody of the children.
“Yes, let him raise them,” she said, through an interpreter.
Marimuthu, who was also in court, was in tears.
After the proceedings, the couple spoke to each other while holding hands before Raimah left with Jais officials.
Earlier, Karpal Singh, who appeared for Marimuthu, told the court that the parties had worked the “Solomon’s justice” arrangement, referring to the biblical story of King Solomon settling a dispute between two women over a baby.
Karpal then said Marimu- thu would withdraw his habeas corpus application, bringing to an end the dispute of the religious status of the children.
Selangor state legal adviser Datuk Zauyah B. Loth Khan, who appeared for the department, said they would not object to the agreement.
She, however, pointed out that Raimah and the children were not illegally detained.
On April 19, Marimuthu, filed a habeas corpus application, claiming that his family members were Hindus and that the department had no authority to detain them.
He alleged that Raimah and the children Yoogenaswary, 12, Paramila, 11, Hariharan, 8, Ravindran, 6, Shamala, 5 and Kaberan, 4 were being held unlawfully by the department.
The couple have seven children.
The oldest, a 14-year-old boy was not at their Kampung Baru Tambahan home in Ulu Yam when Jais officials came to take the family away.
Raimah and six of her children were housed in Kampung Melayu Liga Emas in Batang Kali, Selangor.
It was then that Marimuthu sought legal redress, claiming that his “wife” and children were Hindus and that they were being detained by Jais who wanted to convert them.
Raimah, however, in an affidavit filed yesterday, said she and the children left their house on April 2 on their own free will, as Marimuthu had forced her and the children to practise the Hindu faith.
She said in March this year, she went to the Lembaga Zakat Selangor branch office in Kuala Kubu Baru with a relative to inform them of her predicament.
Raimah said she left the house with the children as officers from the department were acting on her complaint.
Zauyah later said the authorities would assist Raimah to find a job.
Marimuthu said he would rely on his older children to take care of their younger siblings while he was away at work.
“We will not shift house. This will make it easier for Raimah to visit our children.”

Relief for most quarters
http://www.nst.com.my/Current_News/NST/Friday/Frontpage/20070504074728/Article/index_html

KUALA LUMPUR: There was a general sense of relief when P. Marimuthu’s children were finally returned to him, although experts lamented the lack of legal clarity over unions of mixed faiths.
Suhakam commissioner Datuk N. Siva Subramaniam said common sense had prevailed as far as the issue was concerned.
“The matter has been settled amicably between the two parties concerned. As long as we are transparent, fair and not overzealous in our decisions, we can live as united Malaysians.”
Bar Council chairman Ambiga Sreenevasan said she was pleased that both parties involved had come to an agreement in the interest of their children.
“Of course, the consent alone doesn’t resolve the legal matter. The law remains uncertain in relation to such matters,” Ambiga said. Universiti Teknologi Mara’s Professor Dr Shad Saleem Faruqi said there were no firm rules in cases like Marimuthu’s.
He said the law was inadequate to deal with a situation where one party is a Muslim and the other a non-Muslim.
“Raimah Bibi Noordin’s situation is very sad because she married for love but due to her religious status, she cannot register her marriage.
“If she wants to reunite with her husband, he must convert or she must formally renounce Islam. Whether or not she wants to now is a different issue.”
Women’s Aid Organisation executive director Ivy Josiah said she hoped the settlement had not been brought about under duress.
“I believe that at a human level, a woman should have the right to be with her husband of choice and a mother to her children at all times.”

Respecting the Constitution

May 3rd, 2007
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Respecting the Constitution
http://thestar.com.my/news/story.asp?file=/2007/5/3/focus/17612391&sec=focus
Reflecting on the Law: By SHAD SALEEM FARUQI .
Freedom of religion is not absolute, but subject to general laws relating to public order, public health or morality. Part 2 of a two-part article.
THE right to convert out of one’s faith and to adopt another is an implicit part of freedom of conscience in all developed constitutional states.
But in the special context of Malaysia, where there is a unique, fascinating link between Islam and Malay identity, apostasy arouses deep emotions. Any attempt by a Muslim to renounce his faith is seen as a threat to the whole community.
How many murtad (apostates) there are in the country is not known. Some religious leaders have made wild allegations of hundreds of thousands.
But data gathered by UiTM scholar Dr Azam Adil gives some indication. He found that from1994 to 2003, Syariah Courts in Negri Sembilan granted renunciation certificates to 16 applicants, most of whom were former converts to Islam.
Till the 1980s Muslim Law Enactments in several states recognised apostasy by imposing a simple registration requirement on all who enter the faith and all who exit from it. But in the 80s with Islamisation catching on, the unilateral right to register a renunciation was repealed.
In some states, legislation was enacted to require anyone seeking to convert out of Islam to be subjected to compulsory counselling and rehabilitation procedures for prescribed durations.
In other states, a Muslim’s membership of the ummah was regarded as irrevocable. Any attempt at apostasy was an insult to Islam and punished criminally.
The second approach does not harmonise with other rules of the legal system..
First, in all states, the syariah authorities possess a power to excommunicate Muslims from the fold. From time to time, state religious authorities have brought down the axe on the Qadiyani, the Ismaili, the Ahmadiya and the Ithna Ashari.
Obviously, one’s status as a Muslim is not eternal. It can be lost or forfeited.
Second, the criminalisation approach violates the freedom of conscience clause in the Constitution. The civil courts are near unanimous that under our basic charter, a Muslim does have a right to convert. But he cannot do it unilaterally. He must first obtain a Syariah Court certificate of renunciation.
The problem is that most syariah courts fail to act on such applications and would-be converts spend years in legal limbo.
A wide gap has developed between constitutional theory and the realities on the ground. Nevertheless, one must not lose sight of constitutional fundamentals.
When our document of destiny was being drafted, no consideration was given to the idea of a theocracy (supremacy of God’s law). Instead, a supreme Constitution was adopted by Article 4(1).
Islam is the religion of the Federation, but other religions may be practised in peace and harmony (Article 3(1)).
The implication of Article 3 is that unlike in secular states, Federal and State governments in Malaysia may promote Islamic education, set up Islamic institutions and incorporate Islamic policies in the administration.
However, though Islam is the religion of the Federation, Malaysia is not an Islamic state. The syariah is not the basic law of the land. The Constitution is supreme. The syariah applies only to Muslims and that, too, in areas demarcated by the Constitution in Schedule 9, List II, Item 1.
Further, Article 3 (on Islam) does not extinguish any thing else in the Constitution. Article 3(4) provides that “Nothing in this Article derogates from any other provision of this Constitution”. This means that Article 3 cannot be employed to challenge the validity of a drug trafficking law on the ground that some of its provisions were un-Islamic (Che Omar Che Soh (1988)).
Nor can Article 3 be relied on to trump any other constitutional provision – whether on fundamental rights or the system of parliamentary government or Malay privileges or the position of the Sultans or the special rights of the people of Sabah and Sarawak.
The Constitution is its own justification for being and does not need validation from any other source.
According to Article 11(1) “Every person has the right to profess and practise his religion and, subject to clause (4), to propagate it.” The guarantee of Article 11(1) applies to all persons including Muslims.
In Minister vs Jamaluddin Othman (1989), a preventive detention order on the ground that a convert out of Islam was involved in propagating Christianity among Muslims was held to be illegal.
Freedom of religion is, of course, not absolute. All religious freedom is subject to general laws relating to “public order, public health or morality” (Article 11(5)).
Who may enact these laws? Laws on public order and public health must be enacted by the Federal Parliament because these topics are in the Federal List. But laws on morality may be enacted by State Assemblies as well.
What about State laws criminalising apostasy? They are not protected by Article 11(5) because apostasy per se is not condemned anywhere in the Constitution.
Perhaps Schedule 9 List II Item 1 could envelope these aqida (articles of faith) laws? This Schedule permits State Assemblies to create and punish “offences by persons professing the religion of Islam against precepts of that religion, except in regard to matters included in the Federal List ?”
In relation to State powers under Schedule 9 the following factors must be taken note of:
·The Legislative Lists in Schedule 9 are subject to the chapter on fundamental rights and cannot violate Article 11;
·State powers to legislate on Islam are limited and derived and cannot violate the supreme Constitution. One must remember that Article 3(4) clearly indicates that the provision on Islam does not derogate from any other provision of the Constitution;
·The criminal law power of the states applies against persons professing the religion of Islam. If a person of sane mind and legal capacity formally declares that he no longer professes a faith, it is constitutionally difficult to subject him to the religion he has renounced. All that can be required is a formal procedural requirement of renunciation; and
·The power of the states to enact criminal laws cannot apply to matters included in the Federal List. Public order is in the Federal List and acts of belligerency by murtad must be punished under the Federal Penal Code and not under State aqida laws.
In sum, it can be stated that, looking at the Constitution as a whole, it is clear that Article 3(1) on Islam does not displace constitutional supremacy. Article 3(4) itself declares that nothing in this Article derogates from anything in this Constitution.
The power of the States to legislate on Islam in Schedule 9 cannot be exercised in disregard of fundamental rights or in transgression of Federal legislative power on public order.
It is a flagrant violation of the Constitution as drafted in 1957 to imprison someone for his religious belief. Any argument to the contrary is a radical, revisionist and medieval re-interpretation of our cherished basic charter.
Anyone who stands in the shade of the Constitution has to concede that under the present constitutional order apostasy per se cannot be criminalised. But prosecution of belligerent apostates who disturb the peace or cause offence under section 298 of the Penal Code is perfectly constitutional.
In the special circumstances of Malaysia, apostasy has significant legal, political, social and economic consequences. A Muslim apostate will lose his Malay status. His marriage will be dissolved. Painful questions of custody and guardianship and of Malay privileges will arise.
It is reasonable, therefore, that a unilateral act of renunciation is not enough. A formal application for change of status must be made followed by a mandatory procedure for investigation, counselling and consultation (but not adjudication).
There should be no detention for purpose of counselling. This is similar to the procedure for seeking dissolution of marriage.
But the syariah authorities must be required to complete the investigation and counselling within statutory time frames so that the applicant can get on with his life and not remain suspended in a legal limbo. If the intending apostate cannot be won over through love, then the apostate should be ex-communicated and this should be recorded and registered.
In matters of religion, the naked, criminal power of the state should not be employed. This is also the exquisite message of the Quran.
Dr Shad Faruqi is Professor of Law at UiTM.