Hindu mum seeks to remove Muslim status from 2 kids' Mykad

 

A mother has turned to the civil court to reverse the National Registration Department’s (NRD) alleged refusal to remove the Muslim status from her two children’s MyKad, even though a Syariah High Court had affirmed that she was never a Muslim.

The 47-year-old’s judicial review application said her two children were each born on March 11, 2009, and March 1, 2012, to a Hindu man whom she ended up marrying two years ago.

In her affidavit sighted by Malaysiakini, the Muar-born said that in 2017 she turned to the religious court for a declaration she was never a Muslim, which was granted on May 23, 2023 (she married her husband six months later).

The mother claimed that the issue started last year when the NRD allegedly refused to allow her applications to amend her two children’s MyKad to remove their Muslim status.

The applicant questioned this as the NRD had no issue amending her own MyKad to remove her Muslim status as well as change her name from an Islamic name to a Hindu name, following the Syariah Court ruling.

She pointed out that the NRD’s refusal to amend her two children’s MyKad amounted to a violation of her fundamental right to determine the religion of her children aged below 18, which is safeguarded by Article 12(4) of the Federal Constitution.

“Therefore, the first respondent’s (NRD) decisions (to refuse her two applications to amend her children’s MyKad) are neither reasonable nor rational when the first respondent failed to fully give effect to my right under the Federal Constitution, especially Article 12(4),” the mother contended in the civil action against NRD, the home minister, and the federal government.

When contacted by Malaysiakini, the mother’s counsel Rajesh Nagarajan reiterated that it is his client’s constitutional right to determine the religion of her children as it is guaranteed under Article 12(4). 

“It is irrelevant what the religion may be. The right is constitutional and cannot be derogated upon,” the lawyer said.

Malaysiakini is attempting to contact the Attorney-General’s Chambers, which normally represents the three respondents in similar past actions, for a response. - Mkini