Local Human Rights Lawyer M. Ravi’s orginating summons against AGC and HEB over controversial guidelines for Thaipusam
January 14, 2011, 10:19 am
Filed under: Singapore

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IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE

In the Matter of Article 9, 12, 14 and 15 of the Constitution of the Republic of Singapore

And

In the Matter of Universal Declaration of Human Rights, ASEAN Human Rights Commission and ASEAN Inter-Governmental Commission on Human Rights

And

In the Matter of the Federation of Malaysia, 1948 and 1963-65

And

In the Matter of the Independence of the Republic of Singapore, 1965

And

In the Matter of the Second Charter of Justice 1826 governing the local customs and traditions of the Indian British Subjects under the Colonial Administration of Singapore

And

In the Matter of Ravi S/O Madasamy… Plaintiff
v

1. Attorney General

2. Hindu Endowment Board

… Defendants

ORIGINATING SUMMONS

1. The guidelines pertaining to the festival of Thaipusam, imposed by the Government of the Republic of Singapore through the Hindu Endowment Board, on the Hindu devotees participating in the said festival to be held on 20th January 2011, are in breach of the Minority Rights guaranteed under Article 12 of the Constitution of the Republic of Singapore.

2. The Thaipusam guidelines which violate Article 12 of the Constitution violate the rights of religious minorities guaranteed under the auspices of the Presidential Council of Minority Rights.

3. A declaration that the abovementioned guidelines are in breach of Article 9 of the Constitution in that the said rules fail to safeguard the lives and liberties of the Hindu devotees and their supporters, whilst in trance during the ‘Kavadi’ procession; since in accordance with the said guidelines , they are not allowed to beat drums, play music or chant loudly during the 4 kilometre procession. The enforcement of the Thaipusam guidelines endanger the safety and personal liberty of devotees who seek music and dance from their supporters during the 4 kilometre procession.

4. The abovementioned guidelines violate the fundamental rights to freedom of speech, assembly and expression, of the Hindu devotees participating in Thaipusam, which are guaranteed under Article 14 of the Constitution.

5. The said guidelines are in breach of the constitutional right of the Hindu devotees, to practice and profess one’s religion, guaranteed under Article 15 of the Constitution.

6. The Government of the Republic of Singapore and/or its agents be injuncted including the Elected President who is advised by the Presidential Council of Minority Rights from imposing the said guidelines and therefore allowing the Hindu devotees their rights to peaceful enjoyment of the Thaipusam procession and hence protect them from police brutality.


4 Comments so far
Leave a comment

Ban goes back to 1973 … just maybe loosely enforced over the years:

http://newspapers.nl.sg/Digitised/Article.aspx?articleid=straitstimes19810324.2.56&sessionid=35602783409d45078606ee54d128c10d&keyword=Thaipusam+Ban&lang=ms

Comment by Don Quixote

WELL DONE, RAVI!

I had alredy emailed Mr Shanmugam that I did not complain against the Hindus for the noise in Thaipusam. Neither have any Christians or Buddhists, or Taoists or Muslims that I know of.

But if it is about restricting of songs to religious ones, and not Tamil pop songs; or about being inapproiately attired (so as to breach the sanctity of the religion of Hinduism, or public sense of obscenity) then I would agree with HEB on their clamp-down.

Comment by ohthameng

great stuff Mr.Ravi

Comment by raju

even though..Thaipusam is done for now 2011..i honestly want to say..i’m just behind you,just like rest of others.Its time,now or never.Have videos from 1984 & blur blur..for real to see what was then & now.

Comment by joeG




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