A total of 18 police reports have been lodged by a group of Hindu devotees
against the Penang Islamic Affairs Department (JAIPP) for snatching the remains
of a woman it believed to be a Muslim without proper documentation.
One report was lodged at the Nibong Tebal police station by the deceased's
son M Kamasanthren and 17 other relatives and friends of the family.
In his report, Kamasanthren said his family received
information by telephone from the crematorium on Aug 14 that several officers
claiming to be from JAIPP wanted to take possession of the cremated remains of
his mother, M Nagamah.
He added that his uncle R Raja, who spoke to the person from the crematorium
on the telephone, had categorically stated that the family would not allow JAIPP
to do so.
He stressed that unless JAIPP has gone through the due process of the law,
the officers have no legal authority to take possession of his mother’s remains
which rightfully and lawfully belongs to the family.
"As it turned out, the JAIPP officers forced the issue and eventually took
possession of the remains of my mother. In fact, they had stolen her remains
from us," said Kamasanthren, 46, from Sungai Jawi.
"My mother and the rest of my family are Malaysians and our rights and
interests should be protected by the federal constitution and the laws of
Malaysia.
"This act of stealing the cremated remains of my mother is blatantly unlawful
and is in serious and clear violation of rights guaranteed us in Article 11 on
freedom of religion," he stressed.
Kamasanthren said he lodged the report as he wanted police to investigate the
matter, adding that he wants the problem with JAIPP resolved "amicably" so that
he could carry out his final Hindu funeral rites as the eldest son, on Aug
28.
The rite known as ‘Karumakirei’ ceremony is to be held 14 days after the
death, after which her ashes are to be strewn into a nearby river.
Nagamah, who hailed from Bryam estate had passed away on Aug 14, where her
remains were brought home from the Sungai Bakap hospital.
According to the family, they prepared to give her a Hindu funeral as she
lived a life as a Hindu and died a Hindu.
However, JAIPP officers came to her house following her death and allegedly
demanded the family surrender her body for a Muslim funeral, Kamasanthren
said.
"The family refused as the officers did not provide documentary evidence
about the claim. So, Nagamah was cremated according to Hindu rites at the Batu
Berapit crematorium".
JAIPP told to go to civil court
Hindraf national advisor N Ganesan, who accompanied the son to the police
station on Sunday, claimed the incident is clearly a state-sanctioned act as the
police had accompanied the JAIPP officers at the crematorium.
Ganesan questioned by what superior law or authority can JAIPP order the
crematorium and the family to turn over the cremated remains to them.
He said that, based on the federal constitution, Kamasanthren is guaranteed
his rights to practise his religion and to perform the last rites for his
mother.
He added that this is one of the most important obligations of a son to his
parents in Hinduism, and accused JAIPP of acting "unilaterally and with impunity
in violating all these rights".
"If JAIPP feels that they do have rights over the cremated remains, they
should go to the civil courts which protect the rights of non-Muslims for
adjudication on the matter.
"Unilateral pronouncements by the Syariah court does not apply to
non-Muslims, therefore this effectively becomes a theft by JAIPP," he added.
Malaysiakini has been unable to obtain comment from JAIPP or the
state mufti Hassan Ahmad.
Meanwhile, state exco member in charge of Islamic affairs Abdul Malik Abul
Kassim told the media that he was aware of the incident.
"We will be making a statement on the matter in a few days time,"
said Abdul Malik, who is also Batu Maung assemblyperson.
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