In a statement today, Proham said the Guardianship of Infants Act 1961 provides that a mother shall have the same rights and authority as the law allows for a father in relation to the upbringing of their infant.
It said Section 5(1) of the act stipulated that the rights and authority of both the mother and father shall be equal.
“Hence, a mother cannot lose her rights just because the father chooses to convert to Islam.
“Her rights cannot be rolled back bearing the principle of non-regression,” it said.
Proham also said Malaysia was a signatory to the Convention on the Elimination of All forms of Discrimination against Women, as well as the United Nations Convention on the Rights of the Child.
It said the country should therefore, ensure equal parental rights were always upheld and the principle of the best interests of the child always prevailed.
In a landmark decision yesterday, the Federal Court set aside the conversion of Indira’s children after ruling that any conversion of non-Muslim children must get the consent of both parents.
The court also decreed that only the civil court would decide on such matters.
The ruling put an end to the interfaith custody battle that followed after Indira’s ex-husband Muhammad Riduan Abdullah, formerly known as K Pathmanathan, converted her three children without her knowledge in 2009.
It also declared that Parliament’s move to insert clause (1A) in Article 121 of the Federal Constitution (that the High Courts shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts) did not oust the jurisdiction of the civil courts, nor did it confer judicial power on the Syariah courts.
Supremacy of Federal Constitution
Meanwhile, the Malaysian Consultative Council on Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) called on all parties to respect the decision.
It said the judgment had clearly explained the impact of Article 121 and was a victory for all Malaysians.
“This decision does not only resolve issues at hand but also affirms the supremacy of our Federal Constitution, a document which creates and binds us as a nation.
“By delivering this decision the Federal Court has demonstrated the fact that it is only the apex court that can protect the rights of citizens and minorities in this country,” the interfaith group said in a statement.
The ruling put an end to a nine-year interfaith custody battle after Indira’s ex-husband Muhammad Riduan Abdullah, who converted to Islam, also converted their three children without Indira’s knowledge in 2009.
Riduan had then taken away their youngest daughter Prasana Diksa, then 11 months old.
Indira’s eldest daughter Tevi Darsiny, now 21, was 12 at the time, while her son Karan Dinish, 20, was 11 when their religious status was changed from Hindu to Muslim.
The youngest daughter, Prasana, who turns 10 this year, is believed to be still with her father.
Yesterday’s decision means the conversion certificates of the three children are null and void.
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