Trinidad and Tobago's highest court of appeal - the London-based Privy Council - ruled Tuesday that the name of the Trinity Cross is unconstitutional.
However, the Law Lords said it would be unfair to make the order retroactive, so the holders of the nation’s highest award would not be affected by the judgment. The national awards committee handed out 64 Trinity Cross awards between 1969 and 2002.
The Privy Council ruled in favour of the Sanatan Dharma Maha Sabha (SDMS) and its general secretary Sat Maharaj, the Islamic Relief Centre and social activist Inshan Ishmael. The judgment reverses the decisions of both the local High Court and Court of Appeal, which had refused to declare the Trinity Cross illegal, even though it found that it was discriminatory.
The judgment said the local court erred when it held that the court had no power to declare the Trinity Cross unconstitutional because it had pre-dated the constitution itself and was expressly preserved.
It said the Trinity Cross was inconsistent with the constitutional right to equality from day one and could not be saved by the Independence constitution. The Law Lords ruled that the Trinity Cross infringed on the rights and freedoms of members of the Hindu and Muslim communities and was therefore unconstitutional.
The Privy Council granted three declarations in favour of the Maha Sabha: the creation of the Trinity Cross breached their right to equality, their right to equality of treatment, and their right to freedom of conscience and belief.
From August 26, 1969, Independent Trinidad & Tobago established the national award in 1969 to honour citizens for distinguished or meritorious service, or for gallantry.
In February 1997 the Panday administration asked the National Awards Committee to examine the awards system, in particular the highest award, which had attracted negative criticism. There was particular concern over the words “trinity” and “cross” were perceived by many to be Christian expressions.
On November 16, 2004, the appellants filed a constitutional motion in the High Court, seeking, among other things, a declaration that the Trinity Cross was discriminatory against them and others who were not Christians.
In one of the most dramatic protests against the symbol, the spiritual leader of the country's main Hindu body turned down the nation's highest honour on the premise that it was inappropriate for him to wear a cross, even if it was national symbol.
In a ruling on the matter in the Trinidad and Tobago High Court, Justice Peter Jamadar had said while he agreed that the symbol was discriminatory he did not have the authority to rule on it.
The State did not challenge the trial judge’s findings that the award of the Trinity Cross infringed sections 4 (b) (d) and (h) of the constitution. However, the appellants were not satisfied and took the matter to the Privy Council, seeking a declaration that the Trinity Cross was illegal.
Last year, the government accepted the recommendation of a seven-member committee chaired by historian Prof. Bridget Brereton that the Trinity Cross be replaced with a new symbol, the Order of the Republic of Trinidad and Tobago, as the nation's highest civilian honour.
The Order of the Republic of Trinidad and Tobago was installed as Trinidad and Tobago’s new highest national award 2008, replacing the Trinity Cross for Distinguished and Outstanding Service to Trinidad and Tobago.
The Order of the Republic of Trinidad and Tobago consists of a medallion die-struck in 18-carat yellow gold. It is suspended from a clasp by means of a short length of striped gros-grain ribbon in the national colours of Trinidad and Tobago: red, white and black.
The design of the Order of the Republic of Trinidad and Tobago acknowledges the contribution of the first inhabitants of Trinidad and Tobago embodied in the crest surmounting the medallion.
The waves and constellation tell the story that Trinidad and Tobago consist of people from all over the world and their descendants, bringing social and cultural attributes to produce a special, talented people with a great potential.
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