APRIL 4 ― Over the years, Malaysian Indian women have had to overcome various barriers to break the glass ceilings in their career because of persistent gender and ethnic prejudices. In the 1990s, when meritocracy was arbitrarily re-defined, these women had to survive an overarching ethnicity-compromised system.
Some, particularly the female lawyers, with great tenacity and determination have managed to swerve away from biased roads that led towards a cul-de-sac, and get the recognition they deserved.
One of them is Sitpah Selvaratnam who in 2018 led the legal team for the government, and played a pivotal role in recovering one of the largest assets, the superyacht “Equanimity” in the 1Malaysia Development Berhad (1MDB) scandal.
The yacht was owned by Jho Low, a Malaysian businessman who was implicated to have siphoned the 1MDB government funds which were set up to promote economic development, for embezzlement and money laundering.
Sitpah documented the entire experience on the seizure of the luxury yacht, in her book, The Arrest of the Superyacht Equanimity: How Malaysia Reclaimed What Was Hers.
Sitpah, is an advocate, solicitor and an expert on maritime and banking laws, as well as a Court Member of the International Court of Arbitration.
Her book gives a compelling and powerful account on the process as well as the legal and political challenges involved in recovering the “Equanimity” seized by Indonesian authorities at the request of the US government which was also investigating the 1MDB scandal.
It took Sitpah and her team only nine months to successfully argue that Malaysia had a better claim to the Equanimity, seize and sell it. This landmark case gave Malaysia international spotlight attention for its huge historical victory.
Sitpah just launched her second book Resolved! 8 Strategies to be a Fiery Lawyer without Violating Your Integrity and Personality which delves into the art of navigating through a chaotic and competitive world where meritocracy can be compromised.
“As an Indian female litigation lawyer ― the stereotype in many minds, seniors, judges and clients, especially 30 years ago, was that I would not take my career seriously and would not have the gumption to take on the heat of litigation, and that my family would take precedence over my work.
“This perception would manifest in the treatment I received in court, at meetings with clients, and amongst superiors at work until I proved myself to be very good at what I did, was truly committed to my work and made of stern stuff,” she said.
Sitpah comes from an era of a few extremely successful women lawyers who were already clearing huge barricades and winning accolades for their outstanding national and international performance.
Most prominent of them is Ambiga Sreenevasan who brandished her fists and paved the way for judicial independence, freedom of expression, and the rule of law in Malaysia. She has etched her name as the human rights activist who championed for electoral reform for clean and fair elections.
Ambiga was the first Malaysian Indian woman to be elected as the President of the Malaysian Bar Council, and served from 2007 to 2009.
She started “Bersih or the Walk for Justice” movement, in 2007 which was sparked off by allegations of corruption and discrepancies in the Malaysian election system that favoured the ruling Barisan Nasional (BN) coalition. It drew thousands of participants, and paved the way for subsequent Bersih walks which facilitated the historic change of government in 2018.
Ambiga’s was not just a cause, but a persuasion to invoke a huge social and political sea-wave reawakening of the entire nation to become what it is today.
In March this year, Ambiga received the Ruth Bader Ginsburg medal of honour in the US for promoting equality, breaking glass ceilings and paving the path for younger women to become future leaders.
The medal is named after the late Justice Ginsburg, who was US Supreme Court Justice from August 1993 until her death at the age of 87 in 2020.
The most outstanding performance and promotion of all was that of Federal Court Judge Datuk Justice Nallini Pathmanathan who was appointed the first female Indian to attain the highest position as Federal Court Judge. From a High Court Judge in 2009, she was elevated to the Court of Appeal Judge in 2014 and to Federal Court Judge in 2018.
Nallini was part of the distinguished five-member team from the Federal Court, headed by Chief Justice Tengku Maimun Tuan Mat, which upheld the court’s decision that former prime minister Datuk Seri Najib Razak was guilty on seven charges of abuse of power, money laundering and criminal breach of trust and misappropriation of millions of funds from the failed 1MDB project.
Nallini and her fellow judges had protected the essence of the Malaysian Constitution and strengthened democracy by reflecting that every Malaysian is equal under the Law ― regardless of what their ranks are.
Recently, Nallini was appointed to the Judicial Appointments Commission (JAC) for a two-year term. The purpose of the JAC is to ensure that the process for the nomination, appointment and promotion of Superior court judges is more transparent and comprehensive.
These iconic legal eagles have created breakthrough historic moments in Malaysia and are testament to how far they can move up the ladder fearlessly and independently to make a difference in our country.
“As younger lawyers, we are extremely grateful to these successful women, for setting the precedent and paving the way for us to be seen beyond gender or ethnic bias,” said Kokila Vani Vadiveloo, the first female Indian Chairman to helm the Selangor Bar Committee in its 56-year history.
Sadly, many Indian women’s positions in the Civil Service, though accomplished, have been frozen just below glass ceiling, when they were due for their promotions. In fact the entire system ― the quality of education, to the politics in promotion ― has stripped away the radical intellect and locked out the potentials of promising Malaysians.
Unjust practices cannot be burrowed in a small orbit of spiralling back and forth, but should be looked upon as the elephant in the room.
The final litmus test for the present government is how best it can address the entrenched causes for our brain drain, with better systems of promoting talents based on merit.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
