High Court Dismisses Indira Gandhi's Challenge Against Unilateral Conversion Laws

KUALA LUMPUR, June 12 (Bernama) -- The High Court here has dismissed an originating summons (OS) filed by M. Indira Gandhi and 13 others challenging the validity of laws in seven states that allow the unilateral religious conversion of minors.

In a decision delivered via Zoom proceedings, Judge Datuk Aliza Sulaiman, who has since been elevated to the Court of Appeal, ruled that the plaintiffs had failed to establish locus standi, or legal standing, to bring the action.

The plaintiffs comprised Indira Gandhi, a religious association and 12 individuals.

“The first plaintiff (Indira Gandhi) did not file any affidavit showing how her interests would be affected if the reliefs sought were not granted. As for the second to the 12th plaintiffs, there is no evidence in the supporting affidavit or any other affidavits filed to show how their interests are affected.

“There was also no evidence that the fifth to the 14th plaintiffs have minor children who may be affected by the provisions being challenged. Their interest in this matter is purely hypothetical or academic. Therefore, the plaintiffs' application is dismissed,” the judge said.

No order as to costs was made as the case involved matters of public interest.

The plaintiffs filed the originating summons in March 2023, seeking to invalidate provisions in state laws that allow unilateral conversion in Johor, Perlis, Melaka, Kedah, Negeri Sembilan, Perak and the Federal Territories.

Pahang was initially named as a defendant but was later removed from the suit after amending its state laws to prevent unilateral conversion.

The Federal Territory Islamic Religious Council (MAIWP) and the Johor Islamic Religious Council intervened in the proceedings.

The plaintiffs argued that the state enactments were inconsistent with Article 12(4) of the Federal Constitution, as interpreted by the Federal Court in Indira Gandhi's landmark unilateral conversion case in 2018.

Article 12(4) provides that the religion of a person under the age of 18 shall be decided by his or her “parent or guardian”.

In its 2018 ruling, the Federal Court held that the word “parent” should be interpreted as “parents” when both are alive, meaning the consent of both parents is required for a child's religious conversion.

The plaintiffs also argued that under Article 75 of the Federal Constitution, federal law prevails over any inconsistent state law and that provisions allowing unilateral conversion should therefore be declared invalid.

The case stems from a long-running custody and conversion dispute involving Indira Gandhi and her former husband, Muhammad Riduan Abdullah, who converted the couple's three children to Islam in 2009 without her consent and later sought custody through the Syariah Court.

On Jan 29, 2018, the Federal Court ruled that the conversions were null and void. Muhammad Riduan and the children remain missing.

-- BERNAMA