Our constitution a ‘document of convenience’

Hindraf Makkal Sakthi says that the constitution was drafted to protect British economic and defence interests.

KUALA LUMPUR: The Malayan constitution drafted by the British was a “document of convenience” to protect the colonial government’s economic and defence interests in Malaya.

This was one of the arguments put forth by Hindraf Makkal Sakthi in the class action suit, registered yesterday evening, at the United Kingdom High Court in London.

The suit was filed by Hindraf chairman P Waythamoorthy.

The lawsuit against the British government also claims that the colonial government failed to provide adequate safety to the Indian community under the rule of Malay-Muslim majority when independence was granted to the former colony.

London-based Waythamoorthy claims that the then British Harold MacMillian’s government failed to provide protection to Indian Malaysians when independence was granted to the former colony in 1957.

Speaking at a press conference today, Hindraf advisor N Ganesan said,”The civil action will be the first of its kind to hold the former colonial empire responsible for its atrocities.”

Also present by his side were national coordinators W Sambulingam and K Balakrishnan.

Ganesan claimed that the current suffering by the Malaysian Indian community was a result of the British government’s move to enact a constitution which was “fundamentally flawed”.

Elaborating, Ganesan said that the United Nations charter, which was enacted in 1945, protects human rights and guarantees equal rights to all.

“But our constitution has no mention on equal rights. Article 8 of the Federal Constitution only mentions ‘equality before the law’ which is flawed,” he said.

Ganesan added that even in the Reid Commission, there were no Malayans present in the committee to bring forth ideas to protect the rights of the Indian community.

“They may argue that the Alliance government was consulted but at that point of time, the British were still in charge of the country and they came up with the terms of reference,” claimed Ganesan.

As a result, Ganesan said various means were devised in the constitution to impose difficulties to the Indian community, even to obtain citizenship.

“Now we have about 350,000 stateless Indians in the country and despite being promised land settlements, the community were left with nothing after the British departed from Malaya,” he claimed.