Ipoh Barat MP M Kulasegaran describes today's landmark Federal Court on unilateral conversion decision as fantastic, adding the court did what Parliament did not have the backbone to do in amending to the Law Reform Act 1976.

After nine years of "battle", Kulasegaran said it is the judiciary who stepped up to the plate in resolving the dispute on unilateral conversion of children.

In its decision this morning, the apex court ruled that the religious conversion of children would require the consent of both parents, thus bringing to end the long-running tussle between M Indira Gandhi and her convert husband Muhammad Riduan Abdullah who had converted their children to Islam.

"It cannot be one person or spouse to determine the religion of a child. I have a lot of reservations when Parliament did not have the backbone and (the government) did not introduce the legislation to the amendment of the Law Reform Act as was discussed since 2009.

"Finally and surprisingly, the Federal Court gave a decision today which the elected representatives of this country had failed to give. Najib had promised to review the Act but stopped short of providing the right amendment saying he needs a two-thirds majority (in Parliament).

Kulasegaran asked who advised Najib on the two-thirds majority rule, saying it was a political ploy by Najib to win the hearts and minds of the Malays while saying something else to the non-Malay ground.

It was reported that the government had retracted the tabling of Section 88A of the Law Reform (Marriage and Divorce) Amendment bill introduced last year and which does not allow unilateral conversions.

Section 88A - as proposed -stated:

(i) Where a party to a marriage has converted to Islam, the religion of any child of the marriage shall remain as the religion of the parties to the marriage prior to the conversion, except where both parties to the marriage agree to a conversion of the child to Islam, subject always to the wishes of the child where he or she has attained the age of 18 years.

(ii) where the parties to the marriage professed different religions prior to the conversion of one spouse to Islam, a child of the marriage shall be at liberty to remain in the religion of either one of the prior religions of the parties before the conversion to Islam.

In welcoming the decision, Unicef's representative in Malaysia Marianne Clark-Hattingh said it was in line with the “best interests of the child”.

“This decision is in line with the “best interests of the child” principle upheld by the UN Convention on the Rights of the Child.

“Article 3 states that the best interests of the child must be the primary concern of all adults making decisions on their children’s behalf.

“All adults should do what is best for children, considering the impact of their decisions. The “best interests of the child” is a fundamental principle in the UN Convention on the Rights of the Child which Malaysia is party to,” said Clark-Hattingh.

Lawyer Philip Koh, who held watching brief for the Malaysian Consultative Council for Buddhist, Christianity, Hinduism, Taoism and Sikhism said the decision today meant the Federal Court recognises the rights of the minority.

"Justice Zainun decision has given us great hope not only for Indira Gandhi (above) but it also drives home the point that this is the way that Malaysia must go as a multicultural and multi-religion community.

“On behalf of the council, we welcome the decision in protecting minority faiths in terms of the religion," said Koh.

Commenting on today's decision, the Women's Aid Organisation (WAO) described it as “a huge victory”.

“Today’s landmark decision by the Federal Court on Indira Gandhi’s case is a huge victory for all Malaysians. It affirms that both parents have equal right to decide on their child’s religion,” said Sumitra Visvanathan, WAO's executive director.

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

“The police must reunite Indira with her youngest child, Prasana Diksa, whom the ex-husband abducted in 2009 and refused to return, in contempt of court,” she said.

MCA said it welcomed today's decision by the Federal Court adding the authority and jurisdiction of the civil courts have been restored.

“MCA applauds the wisdom and just judgement of the five-member Federal Court bench who unanimously ruled the definition of "parent" should be plural,” said Ti Lian Ker (below) of MCA's Religious Harmony Bureau.

'The Federal Court has restored the authority and jurisdiction of the civil courts above the syariah court in cases of disputes in determining a child’s religion when one parent embraces Islam.

“With the latest judgement, MCA hopes that Indira Gandhi’s nightmare and all other unknown cases who are suffering in silence like Indira will finally find be resolved and they be reunited with their underage children who were snatched by force by the spouse who converted,” he said.

“Today’s decision should be retrospective for all disputed cases, and thus, the conversion certificates of all minor children whose faith was changed by one parent without informing the other, must now be dealt as quashed or “null and void” as so ordered by the apex court,” he added.

Ti (above) also urged for action against Indira's former husband who had taken their youngest child and was in contempt of court.

“MCA implores the new IGP to enforce the arrest warrant issued by the Federal Court last year against Indira’s ex-husband, Muhammad Riduan Abdullah for contempt of court.

“MCA also urges Riduan to surrender Prasana Diksa to be reunited with her mother and siblings, and implores the IGP and Bukit Aman to assist in the recovery of Prasana,” said Ti.

Ba Kelalan assembyperson and PKR Sarawak chairperson Baru Bian said the Federal Court decision was 'clear and cogent'.

“It is a clear and cogent judgment that will hopefully put an end to cases of unilateral conversions of minors. It is also a badly-needed definitive statement on the limits of the powers and the jurisdiction of the syariah courts,” he said.

“The court is, in fact, declaring that the civil courts have supremacy over the syariah courts and their judicial power cannot be constrained by Parliament.

“The Federal Constitution is supreme, the power of the civil courts is unshakable and that supports our stand that Malaysia is a secular country,” he added.

He also said the police would now need to act on recovering Indira's youngest child.

“However it remains to be seen whether the IGP will now be as equally courageous as the Federal Court judges to finally arrest the ex-husband of Indira Gandhi.

“Indira Gandhi deserves more than a victory on paper,” said Baru.

MIC president S Subramaniam said the decision brought and end to the uncertainty faced by those affected by unilateral conversions.

“It has also brought to an end the distraught faced by mothers like Indira Gandhi whose children were virtually snatched from their arms in the name of religious conversion by errant husbands.

“I sincerely hope that this decision along with the other amendments to the Law Reform Act 1976 will complement each other in ensuring that 'baby snatching' episodes will become events of the historical past and the role of the civil jurisdiction in protecting the religious rights of non Muslim families will prevail,” he said.

Women's rights group Sisters In Islam said the apex court decision gave clarity and certainty on the issue of unilateral conversion of minors.

“The Federal Court has given a clear judgment on the jurisdictional uncertainties between the civil and syariah courts. They have upheld the accountability of government and state authorities, that in all their actions and decisions they are strictly bound by the four corners of the law.

“Most importantly, the Federal Court stated that the civil courts have jurisdiction over constitutional issues, interpretation of laws and judicial reviews of administrative actions, and this is a function that cannot be abrogated or altered by Parliament.

“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,” it said.

“We also urge that the Royal Malaysian Police without any further delay, reunite Indira and her daughter whom she has not seen for the past 9 years,” it added.