New law needed to protect fundamental rights — Wanita UPKO

KOTA KINABALU: Wanita UPKO chief Datin Seri Dr Jaina Sintian said Indira Ghandi's continued struggle to challenge the conversion of her three children by her former husband and to fight for the custody of her youngest child had again created mixed reactions from the Malaysian public.

“After seven extremely painful years, Indra is still without her children. Every mother would know the unbearable agony to be separated from their children. A mother's maternal love - the strong unconditional love and connection with her child is something special that should never be separated by any means.

“And sadly everybody seems to forget in this prolonged affair the children are the real victims. Our legal system or systems have failed the poor children miserably.

“Indira's case is indeed a good example of how justice must not only be done but must be seen to be done. Wanita UPKO had hoped that the decision of the Court of Appeal would bring clarity on the matter but instead the decision had created more questions and apprehensions amongst the public,” lamented Jaina.

The Court of Appeal in a majority decision said that the conversion had to be decided by the religious court, that is the Syariah Court, even though Indira is a non-Muslim and that their marriage was solemnized under the civil union.

Jaina said that Wanita UPKO was not questioning the jurisdiction of the Syariah Court concerning Islamic family law, but when “we talk about children of the marriage in Indira's case, surely any reasonable person would understand that it means children born as a result from the civil union”.

“It needs to be understood in a civil marriage, the state is responsible to enforce and protect the rights of the parties involved. It is only right that the civil courts are given the jurisdiction to decide on the issue of custody and the legality of the conversion of the three minor children. Such had been the position of Wanita UPKO all this while.

“The action of her former husband in taking away and converting their children without the knowledge and consent of Indira has raised the public concerns, especially amongst women who had their marriage registered under the civil union of the possibility that their children can be taken away from them in such a manner without them being able to do anything about it.”

Therefore, Jaina said Wanita UPKO urged the government to enact a new and comprehensive legislation that could prevent such confusion and uncertainties from ever happening again in the future.

“It is only right that a new legislation be put in place so that the fundamental rights of every party can be heard by a competent court that is recognized and clearly defined by law.

“We have been proud to say that we live in a multiracial country that recognizes and respects the rights of every individual regardless of race and religion as enshrined in the Federal Constitution.

“In moving forward as a united nation, Rule of Law – the first principle of our Rukun Negara must be respected and embraced by everyone, especially by our judiciary. Such is our dream and objective,” she added.