I refer to the Rentakini report Lina Joy: Crucial test on religious freedom . It is with concern that I wish to remind the authorities that Article 4(1) of the Federal Constitution unequivocally declares that the constitution is the supreme law of the Federation and that the oath of office of all judges is to defend the constitution.

But here we see in the case of Lina Joy that Malaysia is in a dilemma or at a cross-roads after 50 years of independence. There are some who argue that Malaysia is an Islamic state when there is no such provision, but only an affirmation that Islam is an official religion in the country and that other faiths may be practiced in harmony and in peace.

This is entrenched in Article 3(1) of the federal constitution. To argue otherwise is unacceptable for if you look at the Federation of Malaya's Constitutional Commission 1956-57 report, it clearly states that this Article 'shall not imply that the State is not a secular State'.

This, indeed, is the sad state of affairs which Malaysia finds itself in after for 50 years of nationhood. Our nation seems to be 'lost' in its march towards Vision 2020 with the Federal Constitution being ignored and worse still, being made subject to Islamic law by some quarters who argue it to be so.

They seem to have forgotten their history, as to why there is, in the first place, a social contract between the major communities made up of different races and religion which gave their blessing to the drafting of the federal constitution as the supreme law of the land.

We are now struggling to have our own national identity while religious intolerance and extremism seems to be the order of the day. How do you expect Malaysia to progress economically and keep up with our Asian neighbours when there is no national unity in the mould of a 'Bangsa Malaysia' but instead only shouts of 'Hidup Melayu' and the kissing of the kris?

I would like to point out that liberty, justice and human rights for all Malaysians, irrespective of race and religion can only be effectively realised through an independent judiciary with full powers of judicial review. Sadly, we have seen even this dissipated by the many amendments to the constitution since 1988. In recent cases however, some judges have alarmingly declined to adjudicate on religious freedom, simply because it involves some aspects of Islamic law which leave the litigants with no legal remedy.

Should civil society endure such a terrible state of affairs involving Malaysians who were born and bred in this country? Are they any less patriotic if they were to convert to another religion of their choice? Shouldn't it be said that under Islam, there is no duress or compulsion, but it has to do with your freedom of conscience ?

The writer is a committee member of DAP's youth wing, Dapsy.