The High Court of Justice today (Sunday) issued a dramatic decision stating that the government is not complying with the provisions of the ruling on the subject of conscription and that the state should prepare to impose sanctions against Haredi "defectors" who do not enlist.
The decision was made in the context of petitions filed against the contempt of court for failing to enforce the conscription of Haredim - in the absence of a conscription law.
""Since no concrete steps have been presented that would indicate an intention to act to enforce the conscription obligation, and to comply with the provisions of the ruling, which stemmed from clear and unambiguous legal provisions, there is no choice but to order operative steps, which are nothing more than the direct implementation of the ruling," the judges ruled.
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The panel of judges, headed by Supreme Court Vice President Noam Solberg, determined a series of sanctions that must be prepared to be imposed after the enactment of the conscription law did not progress.
The High Court decision stated that this is a "massive, deliberate and ongoing violation of the law," and that there is no longer any room for postponements or waiting for future legislation.
Among other things, the High Court ruled that the Israel Lands Council will convene within 21 days to decide how to condition the granting of the benefit regarding a discount on the purchase of an apartment in the 'Target Price' program on regularizing status with the military authorities.
Regarding tuition subsidies in daycare centers, nurseries, and lunchrooms, the Ministry of Labor will consider and make a decision within 21 days on how to amend the support test so that the regulation of the status of a parent called up for service with the military authorities will serve as a threshold condition for all of the criteria detailed in the support test.
The Ministers of Finance and Transportation will consider, in consultation with the Price Committee, and make a decision within 35 days whether and in what manner to amend the orders for supervising discounts for public transportation passengers.
According to the High Court of Justice's decision, an ultra-Orthodox man who is required to be drafted and has not settled his status with the army will not be eligible for a discount.
The last section concerns the property tax discount, and the High Court of Justice ruled that Haredim who are required to enlist and have not regularized their status will not receive a property tax discount.
The High Court also harshly criticized the police for refraining from enforcement against ultra-Orthodox "dodgers." "The social message that emerges from the police refraining from acting specifically against those who try to thwart enforcement actions, through widespread violations of order, is that of 'a sinner gets away with it' - a message that cannot be reconciled with.".
However, contrary to the petitioners' demand, it has not been determined at this stage that the government was in contempt of court.
Chairman of Degel HaTorah, MK Moshe Gafni, In response to the High Court's decision to impose additional economic sanctions on Torah scholars, he said: "The State of Israel is gradually losing, step by step, its identity as a Jewish and democratic state. From decision to decision, from hearing to hearing, and ruling to ruling - the High Court is acting consistently and systematically to harm Torah scholars and reduce their place in the country.".
""We will not allow this to happen. Torah students are the foundation of our existence as a people, and we will continue to study Torah and shoulder the spiritual defense of the Jewish people - in every situation and under every condition.""
MK Yitzhak Goldknopf"The High Court's decision to impose heavy and discriminatory sanctions against Torah students is a decision that flies a black flag over it. This is a serious crossing of a red line and a direct blow to the heart of the Jewish identity of the State of Israel. It is impossible for those who dedicate their lives to studying Torah to be defined as criminals and have punishments imposed on them.".
""Let us say this in the clearest possible terms: no sanction will stop the voice of the Torah. Yeshiva students and avrechim will continue to meditate on the Torah with dedication, perseverance, and brilliance, as they have done throughout the generations, even under threats and dangers.".
""I call on the Prime Minister and the leaders of the parties who signed the coalition agreement, in which they pledged to regulate the status of Torah scholars, to demonstrate leadership and responsibility and to fulfill their commitment. It is impossible for harm to be done to Torah scholars under your watch, and you must regulate their status immediately.".
""We expect the Prime Minister to act immediately to halt the deterioration and immediately pass a law as he promised.".
Chairman of Shas, MK Aryeh Deri"The recent High Court of Justice decision constitutes a very serious and fatal violation of the foundations of the existence of the Jewish people in the Land of Israel. This ruling does not only harm the world of Torah, but constitutes a direct violation of the security of the state and the economic strength of the State of Israel, since our entire existence in our country rests on the spiritual infrastructure of Torah study and the rights of Torah learners.".
""Without Torah scholars, the State of Israel has no right to exist and no future. The Torah has sustained the people of Israel throughout all generations and is the spiritual protector and right that stands with us to this very day, thanks to those who sacrifice themselves in the tent of Torah.".
""The attempt to impose economic sanctions and decrees on Torah students is an unforgivable injustice, and any budgetary or legal harm to Torah workers is in fact a serious harm to the security of the people and the entire Land of Israel.".
Chairman Shlomi Emunim MK Meir Porush"The High Court's decision is nothing less than a declaration of economic and legal war on the Haredi family and the world of Torah.".
The judges, sitting in the ivory tower of the fortified building in Givat Ram, decided to take off their gloves and try to starve Haredi babies in daycare centers and deprive families blessed with children of a loaf of bread.
The Torah world has gone through severe persecutions throughout history, and this time too - no economic sanction, no denial of property tax or public transportation discounts, and no threat of arrests will extinguish the fire of Torah.
We will stand like a wall against any attempt to harm Torah scholars. We will not accept a situation in which Torah scholars are turned into criminals and their children into economic targets.
They want to "dismantle the world of Torah" and we will work to strengthen the world of Torah.""
These are the sanctions imposed by the judges:
• The Israel Land Council will meet to decide how to condition the discount on the purchase of apartments on the regularization of status with the military authorities.
• The Ministry of Labor will decide how to amend the support tests regarding tuition subsidies in daycare centers and family nurseries. The tests will be arranged so that the status of a parent called to service will serve as a threshold condition.
• The Ministry of Labor will consider how to amend the test for subsidizing tuition in after-school programs. Here too, the status of the parent called up for military service will serve as a threshold condition for receiving the benefit.
• The Ministers of Finance and Transportation will consider how to amend the price control orders with regard to discounts for public transportation passengers.
• The Minister of the Interior will consider how to amend the regulations regarding property tax discounts, so that the discount will be conditional on the regularization of status with the military authorities.
