
“More often than not, as in the case of Indira Gandhi, it is the parent from the minority religion who is disadvantaged under the law and suffers the greatest hardships,” its secretary-general, Lim Wei Jiet, said in a statement.
Indira, a Hindu, has been battling in the courts for custody of her children and against their unilateral conversion to Islam by her estranged Muslim convert husband, Muhammad Riduan Abdullah.
It was recently reported that Selangor Menteri Besar Amirudin Shari attempted to push through an amendment to a state enactment to change the wording regarding the conversion of minors.
The Federal Court last year made a landmark ruling that the consent of both parents is needed for the conversion of minors.
The Selangor amendment seeks to change this to “mother or father”.
Last night, Amirudin said he still intended to table the controversial bill if there is a need to do so.
Lim pointed out that Article 12(4) of the Federal Constitution must be read to mean that the consent of both parents is required to determine the religion of a child.
He said that Article 75 stipulates that any laws passed by states which are inconsistent with the Federal Constitution are void.
Furthermore, Lim said, the welfare of the child is of paramount consideration.
“It is undesirable for a significant decision such as the conversion of a child to be made without the consent of both parents, and any such attempts are arguably not done in the child’s best interests,” he said.