Two religious groups strongly criticised the Kuala Lumpur High Court's decision yesterday to throw out an application by a mother to nullify the conversion of her two children to Islam.

Shamala Sathyaseelan had sought a declaration to have the conversion of her children, aged three and two respectively, declared null an void as it was carried out without her consent by her estranged husband, Muhammad Ridzwan Mogarajah, upon converting to Islam.

While dismissing the application yesterday, justice Faiza Thamby Chik said only the Syariah Courts had the competency and expertise to determine the issue.

In separate statements, the Malaysia Hindu Sangam (MHS) and the Malaysian Consultative Council of Buddhism, Christianity, Hindusim and Sikhism (MCCBCHS) described the development as one which tramples over the rights of non-Muslim parents.

MHS president A Vaithilingam said any practice which allowed a parent to unilaterally convert his minor children to Islam without the consent of his non-Muslim wife was repugnant to the guarantees of freedom of religion protected by Articles 3 and 11 of the Federal Constitution.

A mockery

"It makes a mockery of the recognition of equal guardianship rights over their children by both the father and mother by the amended section 5 of the Guardianship of Infants Act," he added.

"It takes no account of Malaysia's ratification of the Convention Against All Forms of Discrimination Against Women and the Convention on the Rights of the Child."

Vaithilingam objected to the decision by Justice Faiza Thamby Chik which stated that only the Syariah Court could decide on the validity of the conversions while acknowledging that Shamala had no locus standi to seek relief at the Syariah Court.

He said the court should not have relied on the letter from the Wilayah Persekutuan mufti in deciding whether the conversions were valid since the letter was not binding upon the non-Muslim mother.

"The High Court has convincingly demonstrated to the general populace that the law governing non-Muslim parental and religious rights in Malaysia is non-existent," he said.

Meanwhile, MCCBCHS president Sardar Harebaran Singh criticised another part of the court judgement which urged Shamala to seek the assistance of the Parliament or the Majlis Agama Islam Wilayah Persekutuan.

"The King is the fountainhead of justice in Malaysia and his justice is administered through the courts and not through Parliament. Parliament is where the rule of the majority prevails; the courts are where minorities come for justice," he said.

Inconsistent laws

Sardar also threw scorn on the inconsistent laws which allow courts to grant custody to a mother but limits her right in raising her children according to her own religious belief.

"She can get a binding court order granting custody over her children but it is worth no more than toilet paper if the husband gets a subsequent Syariah Court order.

"The authorities concerned are seen to support the parent who hops jurisdictions in this manner but only when the parent is converting the children to Islam," he said.

Both religious body leaders said immediate steps must be taken in order to solve the situation and return religious rights to minorities.

"Protection must be given to those from minority religions in Malaysia on an urgent and immediate basis. Far too many non-Muslims are needlessly suffering," said Sardar.

Vaithilingam said Syariah laws in all states must be amended to ensure that the "travesty of justice" is corrected and not repeated again.