Legal Rights Activist M Ravi Challenging Indian Cast System
The following legal documents filed by Ravi at High Court is what he emailed to me:
M. RAVI : Plaintiff: 1st : 29.12.06
IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE
Originating Summons }
No. 1704/2006 }
In the Matter of Articles 9,12,14,15 and 162
of the Constitution of the Republic of Singapore
And
In the Matter of the Supreme Court of Judicature Act
And
In the Matter of the United Nations Declaration of Human Rights
Between
M. Ravi
(NRIC NO. S6913333I)
And
HINDU ENDOWMENTS BOARD
And BOARD OF TRUSTEES OF
SRI MARIAMMAN TEMPLE
AFFIDAVIT
I, M. RAVI, C/O Messrs L. F. Violet Netto 101 Upper Cross Street #05-45 People’s Park Centre Singapore 058357, do hereby affirm and say as follows :-
1. I am the Plaintiff herein and I make this Affidavit in support of the prayers in my application as set out at page 2 of the Originating Summons here in.
2. The matters deposed to herein are from my own personal knowledge and from documents in my possession.
3. The basis of my application are given below: -
Caste System – an overview
4. It is a well known fact that the caste system had been imposed on the Tamil community (“Tamils”) 5,000 years ago by the Aryan invaders and the Brahmins (priestly caste or highest caste of the Hindus).According to reknowned historians like Maxmuller and Caldwell, Tamils form the oldest of the Dravidian group of the Indus valley civilization,namely, Mohenjo Daro and Harrappa.
5. The caste system classified members of society along occupational lines and gave hereditary status with derogatory connotations.The caste system classifies Hindu society into 4 different castes.At the Apex are the Brahmins ; the priestly or the scholarly caste.The Kshatriyas form the warrior caste, the Vaishyas comprise the merchant and the trading class.At the bottom of the rung are the Sudras, the manual labourers comprising the peasants. There is yet another group who fall outside the caste system (outcaste) are termed as Untouchables, whom Mahatma Ghandhi as part of his social reform movement in turn tried to elevate their standing in society by calling them Harijans or children of God.
- The Tamils had all along fervently resisted the imposition of the caste system on them in India. In Singapore, there were movements like the Tamil Reform Movement and other Tamil Organisations in the 1950s and 1960s vehemently campaigned against the caste system and its discriminatory and practices. Caste system even attracted the condemnation of a British,colonialist, Sir Winston Churchill who aptly said :
“These Brahmins who mouth and patter the principles of Western Liberalism,and pose as philosophic and democratic politicians, are the ame Brhmins who deny the primary rights of existence of nearly sixty million of their fellow countrymen whom they call, ‘Untouchable’ and whom they have by thousands of yearsf oppression actually taught to accept this sad position.They will not eat with these sixty millions, nor drink with them, nor treat the as human beings. They consider themselves contaminated even by their approach. And then in a moment they turn around and begin chpping loic aith John stuart Mill or pleading the right of man with Jean Jacques Rousseau.”
HOW CASTE SYSTEM IS CONDONED BY THE HINDU ENDOWMENT BOARD (HEB) –A Hidden Apartheid
7. The Brahmin priest is the Chief Priest of the of the four Temples who come within the management of the HEB. Sri Mariamman Temple is one of them and it is oldest of the Hindu Temple in Singapore, its history dating back to 1819 when Singapore was founded by Stamford Raffles The Tamil priests also known as Pandarams are relegated to a lower status in the Hindu Temples as they are commissioned to conduct pujas to Demigods or village Gods revered by the Tamils. The Pandarams being the representatives of the Tamil Hindus conduct pujas or offerings for such Gods or Deities termed by the Brahmins as Gods and Goddesses of lower castes and Untouchables.
Sri Mariamman-termed as an Untouchable Deity by the Brahmins and perpetuated by the HEB
8. The Brahmin priest does not conduct prayers for the main Deity of the temple,namely, Mariamman. Instead, the Pandaram conducts them. This is premised upon the notion that Mariamman belonged to an untouchable (or pariah) reinforced by the mythologies manufactured by the Brahmins.The fact that Mariamman is treated as an untouchable and only Pandarams are commissioned to conduct the main prayers for Her is not only a source of discrimination against the vast majority of Tamil Hindus but also treat them with such impunity.
9. By this application, I am seeking to halt this derogatory practice in the temple based on the caste system. Such practices come within the purview of Article 12of the Constitution that calls for equal treatment for all. The HEB in condoning the caste based worship and delineation of duties between Tamil Pandarmas and Brahmins is acting in breach Article 12 of the Constitution. Their condonations go against the tenets of our National Anthem. Such deameaning practices is an affront to humanity and threatens the fabric of unity of the Hindu community as well as offend the spirit behind the Maintenance of The Religious Harmony Act. This can also be termed as a violation of human rights that is a right to be treated with dignity under the United Nations Declaration of Human Rights.
10. In view of the above, I am respectfully urging this Honourable Court to direct or order that such practices be struck down under the aforesaid equality provision of the Constitution. The Tamil Pandarams should be the chief priest, not the Brahmins. The Learned Counsel Mr. K. Shanmugam, who is acting for the Defendants, raises an objection that religious issues relating to Sri Mariamman Temple and the HEB are outside the jurisdiction of the Courts. In making such an assertion the Defendants are seeking the courts to endorse such barbaric practices which are not only outmoded but offend human decency. The caste system has often come under attack in the Indian Courts. Therefore the motivation behind this application is to pave the way for the Hindu community towards a casteless society and he temples should not be a backdoor to institutionalize the caste system.
These are three versions of the Story of Mariyamman ( all of them make reference to her untouchability) that I have found so far and they are :
(Adapted from www.shaktisadhana.com )
First Version
11. A young Brahmin girl is courted by and eventually married to an untouchable who has disguised himself as a Brahmin. On discovering the trick, the woman becomes furious and kills herself. She is transformed into a goddess and in her divine form punishes the untouchable by burning him to ashes or otherwise humiliating or humbling him. Another version to this story is that, Goddess Parvati implanted herself (classic case of Parthenogenesis) in the womb of a Brahmin Woman and was born. In school, she met a Pariyan boy (an outcast) who fell in love with her. He went to her father, concealing his caste and asked for her hand in marriage. The father not suspecting, consented to the marriage, only to discover it later on. However, they also realized that nothing could be done since the wedding had already taken place. Later, contemplating the discovery of her marriage to a man of such inferior status, the new bride became furious. Looking at her husband with rage, she became immediately changed, and the fire from her anger engulfed his body. He pleaded with her to stop the burning, but she replied that even though he was her husband, he must never again enter the house. Instead, he was to stand outside forever. His body was reduced to ashes by the heat, and where the ashes fell, a margosa tree grew. The young woman had become a changed person: Mariamman.
Second Version
12. She (Renuka) is an extremely pious, pure wife who is married to a devout holy man. She is so pure that she can perform miraculous tasks such as making jars out of loose sand and boiling water simply by placing a pot of water on her head. One day however, she sees two gandharvas making love and feels envy for them. Thereupon, she loses her miraculous powers. Discovering this and suspecting sexual disloyalty, her husband commands their son (Parasuraman) to kill his mother. The son obeys his father, and decapitates his mother. To show his great pleasure to the son, the father grants him one boon. The son asks that his mother’s life be restored. Eventually, she is restored to life, but in the process, her head and body get transposed with those of an Untouchable woman . When she returns home (in her new state: body of an untouchable) her husband refuses to accept her changed form, and curses her instead. She became the bearer of the “Pearl” which is the name given to Small Pox. She has authority over this disease. She brings this disease upon the rishis or sages who beg for healing. She offers them healing if she be permitted to go to the four worlds of Siva, Vishnu, Brahma and Yama. The rishis granted her wishes. She went to Shiva and caused the disease on him. In exchange for healing, she receives his Shoolani (a forked weapon) and his cow. She inflicts Vishnu and gets from him his Conch Shell and wheel. From Brahma she gets consent for converting her name. She is no longer Renuka, but assumes the name Mariamman (the changed mother). She then inflicts Yama with it and from Yama‘s wife, she demanded a huge festival for her only then she removed the “pearl-like’ form from Yama’s face. Another version to this story is that, when the husband refuses to take her back, she is sent out into the village to live from the gifts of the people. Here she utilizes her powers to protect all those who sustain her with food, offerings and worship.
Third Version
13. Nagavalli is the wife of Rishi Piruhu, one of the nine great rishis in the olden days. She is famous for her beauty and also her virtue. One day, when the rishi was away from home, Brahman, Vishnu and Siva came to visit her to see whether she was as beautiful and as virtuous as reported. Not knowing who they were and resenting their intrusion, she had them changed into little children. They took offence and cursed her, so that her beauty faded away and her face became dotted with marks like those of small pox. When Piruhu returned and found her thus disfigured, he drove her away and declared that she should be born a demon in the next world, and caused the spread of disease which would make people resemble her. When she was cast out, a washerwoman took care of her.
13.1 By the act of restoring the head, Mariamman becomes an immortal. As in the
Goddess Chinnamasta: the self decapitating Goddess.
13.2 “The severing of one’s head symbolically represents liberation; the realization that
one is not separate from others, but part of the great self. Nevertheless, severing
the head is not just the end of it; the ability to restore one’s head is the completion
of the “sacrificial” process, which marked immortality.”
13.4 Satapatha Brahmana, a sacrificial text states that: “when one receives a new head,a transformation occurs which is usually interpreted as receiving a better head” and with reference to Ganesha, when he received his elephant head, he received his ‘real’ head, which expresses his true nature.
13.5 Therefore one can apply this logic to the case of Mariamman. In this new state of transformation, she is able to assume various forms. Another form that Mariamman is closely associated with is Ellaiyamman, a very powerful Goddess, who protects the people from all evil. She is reputed to have devils under her control. She protects the villages from all four directions. The only distinctive difference between Ellaiyamman and Mariamman is that, for Ellaiyamman, she has the head of an Untouchable an the body of a Brahmin woman, whlist Mariamman has the head of a Brahmin and the body of an Untouchable. In some versions, the untouchable body is referred to as Maatangi. In some of Ellaiyamman’s inconography, she is represented with the torn-off head of a Brahmin woman in her hand.
13.6 There are many other stories about Mariamman, but all of them tend to fall into
two categories:
- Mariamman as an exemplary human female whose harsh and unjust treatment at the hands ot calls us, indifferent or negligent males caused great suffering and eventually undeserved death. In Tamil Nadu, a premature, valiant and unjust death is often the occasion for apotheosis. In this case, Mariamman the human is transmutted into a goddess.
- Mariamman born as divine intercession (as in the classic case of Parthenogenesis) and as a woman she suffers indignities and assaults by males – human, demonic and divine, until finally she strikes back, devastatingly and definitively, becoming a goddess in the process of potential and poised vengeance.
13.7 Several themes to these (found in almost every account of Mariamman) is that she begins her life as a virtuous woman or as an exemplary goddess who, in the transformative cycles of rebirth, happens to be born a human being. But no matter in which guise she appears, she is confronted and mistreated by male arrogance, violence, deceit or neglect.
13.8 In almost all the stories, there is always an unfortunate woman who will come to the aid of the mistreated or unfortunate Mariamman providing comfort and shelter.In this, Mariamman becomes the best example of the plight of unfortunate Indian women; widows, outcasts, etc.
13.9. If we were to sum up the mythologies of Mariamman on the whole, it can be seen that the males are being portrayed as the perpetrators of violence or injustice. Women on the other hand are companions in suffering to the goddess, who becomes one of them in the world where men must be defeated, punished and humiliated for their transgressions against female virtue, innocence and goodwill. From the aforesaid, it is evident that the Brahmins had concocted these tales to relegate the status of Mariamman who had all along been worshipped by the Tamil Hindus as Divine Mother of the Universe. These three versions of Mariamman in terming her as an Untouchable is the basis for the Brahmin priests not to conduct prayers for an untouchable deity as she is not worthy of their reverence.
13.10. Symbolism of Mariamman and Ellaiyamman
Mariamman is thus understood to have a Brahmin head and the body of an untouchable, which is significant in the terms of both her ambivalent nature and her role as a village goddess exemplifying the social status quo in which Brahmins are at the head of the social system. But in Ellaiyamman, it’s the reverse. The head that symbolizes power/knowledge of the Brahmin (erudition in the Vedas and schooling in the proper practice of ritual, wisdom of orthodoxy and orthoprasix) is being replaced with the head that signifies the power of the untouchables. This in many senses is a symbolic act of sub version, an inversion of the status quo as propagated by Hindu Myth and Practice.
MrK,Shanmugam must disqualify to act as Counsel in the present proceedings
14. It is humbly submitted that the courts must step in to protect the human dignity of the Tamil Hindus. The Hindu Advisory Board (HAB) is not a party to these proceedings. The HEB is only given the task to manage the four temples but they are not the voice of the Hindu community.Mr. Shanmugam, being an Member of Parliament (MP) , should disqualify himself from acting in this matter , since he is a representative of the Indian community, the majority of whom are Hindus as he may be placed in a position to give an opinion in this matter, hence, this action may veer into areas as his opinion as a an Indian MP may be sought.Even if his opinion is not sought, his role in acting for the Defendents, places himself in a position of conflict which I will further elaborate to the court at the hearing of his matter.
DRAUPADAI AMMAN’S WEDDING –A Hidden Ritual
15. I have been informed by a reliable source, namely Mr. Tamilmaraiyan who is knowledgeable in Tamil folklores and traditional customs who will be subsequently filing an affidavit to show that an annual wedding ceremony celebrated for Draupadai Amman (another Deity) comes with a caste ritual. According to him, this wedding ceremony takes place one and a half months before the annual fire-walking ceremony. During this wedding ritual a person designated from the ‘dhobi’ or washerman caste to this day is invited to offer a sari and other accoutrements and offerings to the deity, Draupadai. Mr.Tamilmaraiyaan has met the family from the ‘dhobi’ caste. To this day, this offering by way of an invitation to the washerman’s caste is being made. This is yet another example to show that the caste system has been infused into the ceremonies has become institutionalized through the backdoors of the Sri Mariamman temple.
. TAMIL LANGUAGE ISSUE
16. The Tamil language is one of the four official languages of Singapore. It is unfortunate to see that the Sanskrit language, the language of the Brahmins, which is not spoken by any sector of the Hindus, continues to prevail in the temples as the language of communication with the deities in the temple. The Tamil language, despite the fact that it has the oldest grammar book (Tolkapiam, written around 1000BC), had only recently after decades or even centuries of struggle been acclaimed by the President of India as one of the classical languages of the world. This is largely due to the derogatory treatment it received from the Brahmin Aryans who hegemonised and institutionalized the language in the temple. Often the Sanskrit language is termed as a Divine language, having the capacity to be used to commune with the Gods or deities in the temples. As a result, the Tamil language which is spoken by the vast majority of the Singapore Hindus, had been relegated to a derogatory status. The Othuvaars, or Tamil hymn singers, are not allowed into the sanctum sanctorum to sing, but rather kept out of the bounds of the sanctum. Another demonstration of the status that the Tami language has been relegated to is where prayers/offerings are said in Tamil upon request by the devotees and this an exception then a norm. Drawing parallel from the Reformation Movement started by Martin Luther in the 15th Century resulting in Latin no longer being the language of the Church.
17. By this application, I am seeking that this court gives due recognition to the official status of the Tamil language, being the representative language of the Temple and end the age-old prejudice against it by the Brahmins and the Defendants. The Singapore Government’s commitment to Tamil is commendable whilst it is one the 4 official languages. Singapore’s Indian Tamil population is proud of its achievements, but certainly not in the manner in which Sri Mariamman Temple treats its Tamil devotees. I am seeking that this court declare that Tamil be the official language for prayers at the Sri Mariamman Temple, and the temples maintained by HEB, since HEB has assumed an official role in dealing with Hindu religious matters.
18. In the same vein, the court should make an order that the Tamil priests should have a larger voice in Hindu religious matters.
. WOMEN AND FIRE-WALKING
19. The final prayer of my application centres on the discrimination against women devotees who are not permitted to walk across the fire pit during the annual fire-walking ceremony. This is a departure from the practices that are common during the Tamil Hindu fire-walkingcermony around the world, including countries like Mauritius, and our neighboring country, Malaysia, not to mention India where women are not only allowed but encouraged to walk on the fire pit in order to dispel their fear factor together with a host of other spiritual factors . The fire-walking ceremony is the second most important religious festival for the Hindus. The two main festivals of the Hindus in Singapore are Thaipusam, and the fire-walking ceremony. Aside from the religious significance of experiencing the phenomenon of mind above matter or transcending the flesh to discover the spirit, the fire- walking ceremony should not be limited to the exclusive experience of the male devotees .As illustrated above such a gender discrimination s only found in Singapore. According to the information or oral history that I obtained from my interview with a 95 year old Singaporean Hindu women, decades ago women devotees were allowed to walk on the fire pit at Sri Mariamman Temple. She explained that her mother had carried her across the fire pit when she was a child and women enjoyed a lot of freedom in the ceremony which had been curtailed over the years for reasons only known to the Defendants. Those days, devotees were also allowed to touch the Deities and not caged like the way they are currently and kept away from the reach of the masses. Even Anthony Robbins conducts fire-walking sessions during his motivational courses which are very popular; and I have had the privilege of attending such a course that was held a few years ago in Singapore, where women had the opportunity to experience fire- walking.
20. There was a newspaper report in the Tamil Murasu that published an interview with a representative of the HEB, where the representative stated that the reason why women were not permitted to take part was to prevent their saris from catching fire.
21. . To say that the sari will catch on fire militates against the fact that men also wear a long dhoti or garment when they cross the firw.Women firewalkers around the world tie their saris in a manner which prevents their saris from being engulfed by fire. Hence the argument advanced by the reprentative of the HEB argument is flawed and only shows how the Defendants are clutching at straws to justify their discriminatory rules against women . I know for a fact that quite a number of Hindu female devotees feel discriminated that they were not given an opportunity to walk on the fire when their counterparts all around the world play a significant role in the fire-walking ceremony. They don’t have to pay thousands of dollars to Anthony Robbins to do this. If need be, and if the court directs, I will be able to file a supporting affidavit from a female devotee, to show that such discriminatory practice is in violation of Article 12 ad 15 of the Constitution. However, I am of the opinion that a man should not be stopped from speaking up or having a locus to speak up on the issue of discrimination against women in line with international humane standards.
CONCLUSION
22. By reasons of the aforesaid, the discriminatory practices illustrated in my affidavit filed herein must attract the odium and disapprobation of this Honourable Court and pray for Order in terms of my application.
AFFIRMED at Singapore }
by M. Ravi this 29th }
day of December 2006 }
Before me,
_____________________________
A COMMISIONER FOR OATHSIN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE
Originating Summons }
No. 1704/2006/Y }
In the Matter of Articles 9,12,14,15 and 162
of the Constitution of the Republic of Singapore
And
In the Matter of Maintenance of Religious Harmony Act
And
In the Matter of the Hindu Endowment Board
And
In the Matter of the Supreme Court of Judicature Act
And
In the Matter of the United Nations Declaration of Human Rights
Between
M. Ravi
(NRIC NO. S6913333I)
And
HINDU ENDOWMENTS BOARD
And BOARD OF TRUSTEES OF
SRI MARIAMMAN TEMPLE
ORIGINATING SUMMONS
M. RAVI
PLAINTIFF – IN – PERSON
C/O 101 UPPER CROSS STREET
PEOPLE’S PARK CENTRE
#06-13 SINGAPORE 058357
TEL : 9199 0222
FAX : 6532 4301
EMAIL : MRAVILAW@GMAIL.COM
Filed this 6th day of September 2006.
IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE
M. RAVI : Plaintiff: 1st : 29.12.06
IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE
Originating Summons }
No. 1704/2006/Y }
In the Matter of Articles 9,12,14,15 and 16
of the Constitution of the Republic of Singapore
And
In the Matter of Maintenance of Religious Harmony Act
And
In the Matter of the Hindu Endowment Board
And
In the Matter of the Supreme Court of Judicature Act
And
In the Matter of the United Nations Declaration of Human Rights
Between
M. Ravi
(NRIC NO. S6913333I)
And
HINDU ENDOWMENTS BOARD
And BOARD OF TRUSTEES OF
SRI MARIAMMAN TEMPLE
ORIGINATING SUMMONS
LET ALL PARTIES concerned attend before the Judge in Open Court on the day of 2nd October 2006 at 10 am/pm on the hearing of an application by the Plaintiff for the following declarations and orders that:
1. The institutionalization of the caste system in Hindu Temple in Singapore as perpetuated by the Hindu Endowment Board (HEB) for discriminating against the majority Tamil Hindu Community in Hindu Temples in Singapore amongst the Hindus violates Articles 12 & 15 of the Constitution of The Republic of Singapore.
2. The annual fire – walking ceremony in Sri Mariamman Temple violates Articles 9,12, 14 and 15 of the Constitution on gender discrimination where women are disallowed to do fire-walking as such the annual fire – walking ceremony discriminates women in violation of the Hindu Endowment Laws Practices and Customs.
3. The annual fire-walking ceremony scheduled on 9th December 2006 be restrained from taking place pending the resolution of the above said matters of serious constitutional importance.
The grounds of this application are set out in the affidavit of the Plaintiff to be filed herein.
Dated this 5th day of September 2006.
Memorandum to be subscribed on the summons.
This summons is taken by the said plaintiff in the care of 101 UPPER CROSS SREET, PEOPLE’S PARK CENTRE #05-45 SINGAPORE 058357 and address of Service is 101 UPPER CROSS SREET, PEOPLE’S PARK CENTRE #05-45 SINGAPORE 058357.
M. RAVI : Plaintiff: 1st : 29.12.06
IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE
Originating Summons }
No. 1704/2006/Y }
In the Matter of Articles 9,12,14,15 and 16
of the Constitution of the Republic of Singapore
And
In the Matter of Maintenance of Religious Harmony Act
And
In the Matter of the Hindu Endowment Board
And
In the Matter of the Supreme Court of Judicature Act
And
In the Matter of the United Nations Declaration of Human Rights
Between
M. Ravi
(NRIC NO. S6913333I)
And
HINDU ENDOWMENTS BOARD
And BOARD OF TRUSTEES OF
SRI MARIAMMAN TEMPLE
ORIGINATING SUMMONS
M. RAVI
PLAINTIFF – IN – PERSON
C/O 101 UPPER CROSS STREET
PEOPLE’S PARK CENTRE
#06-13 SINGAPORE 058357
TEL : 9199 0222
FAX : 6532 4301
EMAIL : MRAVILAW@GMAIL.COM
posted by uncleyap at 7:59 PM
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