Peter Jamadar
Encyclopedia
Justice Peter Jamadar is a Justice of Appeal in the Court of Appeal of the Republic of Trinidad and Tobago
. Justice Jamadar served as a Judge in the High Court until his elevation to the Court of Appeal in 2008.
, secretary general of the Sanatan Dharma Maha Sabha
, and Inshan Ishmael
, president of the Islamic Relief Centre. The applicants in the case had challenged the constitutionality of the Trinity Cross
, Trinidad & Tobago's highest national award, on the grounds that its continued existence and award were in breach of the applicants' fundamental rights as guaranteed by certain Sections of the Constitution. The lawyer for the applicants argued that the State kept the Trinity Cross, knowing that “non-Christians are unable and unwilling to accept (it) because it is perceived to be and/or in fact is a Christian
symbol.” The result is an experience of disparate treatment, or unfair discrimination, for “many deserving non-Christian citizens who... will never be rewarded by the State and country.”
In May 2006, Justice Peter Jamadar, a Christian, ruled that "the Trinity Cross-the nation’s highest award-is strictly a Christian symbol, and as a result, it discriminates in a multi-religious society.... In my opinion, leaving aside the savings clause argument for the moment, the respondent has shown no accommodation whatsoever to ameliorate the indirect adverse discriminating effects of the award of the Trinity Cross on the applicants as Hindus and Muslims and as corporate citizens representing Hindus and Muslims in T&T."
Although he found it to be discriminatory, he said that it does not mean that the court can strike it down. As it was protected by the 1976 constitution, it is a matter for the Parliament of Trinidad and Tobago
to change.
Trinidad and Tobago
Trinidad and Tobago officially the Republic of Trinidad and Tobago is an archipelagic state in the southern Caribbean, lying just off the coast of northeastern Venezuela and south of Grenada in the Lesser Antilles...
. Justice Jamadar served as a Judge in the High Court until his elevation to the Court of Appeal in 2008.
Trinity Cross judgement
One of the most public cases he presided over was High Court Action 2065 of 2004, in the San Fernando High Court. This was a constitutional motion filed by Satnarayan MaharajSatnarayan Maharaj
Satnarayan Maharaj Chaconia Medal is a religious, cultural and political leader in Trinidad and Tobago. He is the Secretary General of the Sanatan Dharma Maha Sabha, the major Hindu organisation in Trinidad and Tobago. He also writes op-ed contributions in many newspapers in Trinidad and Tobago...
, secretary general of the Sanatan Dharma Maha Sabha
Sanatan Dharma Maha Sabha
The Sanatan Dharma Maha Sabha is the major Hindu organisation in Trinidad and Tobago. It operates 150 mandirs and over 50 schools. It was formed in 1952 when Bhadase Sagan Maraj engineered the merger of the Satanan Dharma Association and the Sanatan Dharma Board of Control. An affiliated group,...
, and Inshan Ishmael
Inshan Ishmael
Inshan Ishmael came into the public eye with his launching of an Islamic television station in Trinidad and Tobago, the Islamic Broadcast Network, where he hosted a popular talk show, “Breaking Barriers” and for his historic court action against the state for using the Trinity Cross as the nation’s...
, president of the Islamic Relief Centre. The applicants in the case had challenged the constitutionality of the Trinity Cross
Trinity Cross
The Trinity Cross was the highest of the National Awards of Trinidad and Tobago, between the years 1969– 2008. It was awarded for: distinguished and outstanding service to Trinidad and Tobago...
, Trinidad & Tobago's highest national award, on the grounds that its continued existence and award were in breach of the applicants' fundamental rights as guaranteed by certain Sections of the Constitution. The lawyer for the applicants argued that the State kept the Trinity Cross, knowing that “non-Christians are unable and unwilling to accept (it) because it is perceived to be and/or in fact is a Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
symbol.” The result is an experience of disparate treatment, or unfair discrimination, for “many deserving non-Christian citizens who... will never be rewarded by the State and country.”
In May 2006, Justice Peter Jamadar, a Christian, ruled that "the Trinity Cross-the nation’s highest award-is strictly a Christian symbol, and as a result, it discriminates in a multi-religious society.... In my opinion, leaving aside the savings clause argument for the moment, the respondent has shown no accommodation whatsoever to ameliorate the indirect adverse discriminating effects of the award of the Trinity Cross on the applicants as Hindus and Muslims and as corporate citizens representing Hindus and Muslims in T&T."
Although he found it to be discriminatory, he said that it does not mean that the court can strike it down. As it was protected by the 1976 constitution, it is a matter for the Parliament of Trinidad and Tobago
Parliament of Trinidad and Tobago
The Parliament of Trinidad and Tobago is the legislative branch of the Government of Trinidad and Tobago. The Parliament is bicameral. It consists of the elected House of Representatives, which has 43 members elected for a five year term in single-seat constituencies, and the Senate which has 31...
to change.