Unilateral conversion of minors is constitutional, govt counsel argues in Indira Gandhi Suit

KUALA LUMPUR (Feb 3): A minor’s conversion to Islam requires the consent of only one parent, not both, a senior federal counsel argued in the High Court today, challenging the landmark 2018 Federal Court ruling in the case of M. Indira Gandhi.

Appearing for the federal government, Ahmad Hanir Hambaly asserted that the word “parent” in Article 12(4) of the Federal Constitution should be interpreted in its singular form, giving either the mother or the father the right to decide a child’s religion.

This argument was made during the hearing of a fresh lawsuit filed by Indira Gandhi and 13 others, who are challenging the constitutionality of state laws in seven states that allow for the unilateral conversion of minors, Free Malaysia Today reported.

The plaintiffs argue that these laws in Perlis, Kedah, Melaka, Negeri Sembilan, Perak, Johor, and the federal territories are unconstitutional, citing the 2018 Federal Court decision in Indira’s own case.

That ruling held that the word “parent” in Article 12(4) must be read as plural, meaning the consent of both parents is required for a child’s conversion.

However, Hanir contended that the 2018 ruling was fact-specific to Indira’s case and that applying a blanket rule of mutual consent “oversimplifies the complicated concept of the welfare of children.”

The plaintiffs are seeking a court declaration that all unilateral conversions carried out in the seven states since the 2018 decision be invalidated.

They are also seeking an order that all such conversions be reversed if either parent objects.

The suit is the latest chapter in Indira’s nearly 18-year battle.

Her daughter, Prasana Diksa, was abducted by her ex-husband, Riduan Abdullah, in 2009 when she was just 11 months old.

Riduan had converted all three of their children to Islam without Indira’s consent.

In 2018, the Federal Court nullified those conversions and ordered the police to arrest Riduan and return the child. To date, both Riduan and Prasana remain missing.

Justice Aliza Sulaiman has fixed May 21 for her decision in the current suit. – Malay Mail