Malaysia
Rights groups welcome court verdict barring unilateral child conversion
M. Indira Gandhi (left) smiles at her mother after the Federal Court annulled the unilateral conversion of her three children in Putrajaya January 29, 2018. u00e2u20acu201d Picture by Zuraneeza Zulkifli

KUALA LUMPUR, Jan 29 — Civil rights groups lauded today the Federal Court’s ruling against the unilateral religious conversion of children and urged the federal and state governments and religious authorities to heed the verdict.

BEBAS, in a statement today, called for religious authorities in all states to amend their procedures on the registration of Muslims where necessary and to register minors as Muslims only with the consent of both parents.

"Let this be a wake-up call for religious authorities to conduct their duties without a particular bias, as they are trusted by the public to administer religious affairs in a fair and transparent manner,” the statement read.

In a landmark ruling, the Federal Court voided the conversion of Hindu mother M. Indira Gandhi’s three children to Islam that was made by her Muslim convert ex-husband without her consent.

The apex court had also ruled that the consent of both parents is needed to convert a minor.

BEBAS urged the federal government to amend the Law Reform (Marriage and Divorce) Act, and for state governments — mainly Perak, Kedah, Melaka, Negri Sembilan, Sarawak, Perlis, Pahang and Kelantan — to amend the respective state Islamic enactments to require the consent of both parents in the conversion of children below 18 to Islam. Other states have already the requirement for the consent of both parents to convert a minor to Islam.

The secular group added that the religion of children should not be documented on paper until they have turned 18 and consented to entering their own faith into the system.

Muslim women’s rights group Sisters in Islam (SIS) highlighted the Federal Court’s statement that civil courts have jurisdiction over constitutional issues, interpretation of laws, and judicial reviews of administrative actions.

"It is the cornerstone of a constitutional democracy. Malaysia is a country which abides by the rule of law, and judgments such as this show clearly that the rule of law prevails,” said SIS in a statement.

Women’s Aid Organisation (WAO) exco member Shanthi Dairiam said the police must enforce today’s verdict not just for Indira, but for all others facing similar situations.

The women’s rights group member said in a statement that the police must reunite Indira with her youngest child, Prasana Diksa, who was taken away by her father in 2009.

"Unilateral conversion is a grave violation of women’s rights and has led to more grievous violations, including child abduction.

"No one should ever have to experience the injustice that Indira went through,” said WAO executive director Sumitra Visvanathan.

Sumitra said the landmark decision was a huge victory for all Malaysian and affirmed that both parents had equal rights in deciding their child’s religion.

"Today’s verdict is testament to the tenacity and courage of Indira Gandhi, S. Deepa, Subashini Rajasingam, Shamala Sathiyaseelan, their lawyers, and women’s groups who have fought against unilateral conversion since 2004,” Sumitra said in a statement.

Malaysia Unicef representative Marianne Clark-Hattingh said the decision was in line with the "best interests of the child” principle upheld by the UN Convention on the Rights of the Child.

Citing Article 3 of the UN Convention, Clark-Hattingh said the best interests of the child must be the primary concern of all adults in making decisions on their children’s behalf.

"All adults should do what is best for children, considering the impact of their decisions.

"Unilateral conversions ultimately tear families apart and the ensuing custody battles are often long and painful for all concerned, most notably the children themselves,” she said in statement.

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