8-year fight ‘wasted’, says distraught mother Indira Gandhi

Indira, who is challenging the conversion of her three children, expressed her frustration after the government's decision to withdraw the Law Reform (Marriage and Divorce) (Amendment) Act 2016.

PETALING JAYA: Kindergarten teacher M Indira Gandhi has expressed her disappointment over the government’s decision to withdraw the Law Reform (Marriage and Divorce) (Amendment) Act 2016.

“I’m speechless, I don’t know what to say. We had really been looking forward to it being implemented,” she told FMT.

She said her final case was still pending in the Federal Court, adding that she had hoped the amendment would have been made in time for it.

“We have been waiting for so long. We have been fighting for eight years and they are withdrawing it just like that.

“Not only have my children’s lives been wasted, but half of my life has been wasted as well, and this is what I get in return from the Malaysian justice system,” she said.

Indira’s former husband, K Pathmanathan, converted to Islam on March 11, 2009, taking the name of Muhammad Riduan Abdullah.

He left the house three weeks later with their youngest child.

On April 2, 2009, he converted all three of their children to Islam without their knowledge and presence, and without Indira’s consent. He went to the Shariah Court several days later to obtain custody over them.

Indira’s eldest daughter, Tevi Darsiny, is now an adult at 20 while her brother, Karan Dinish, turns 19 in October. They are old enough to decide on their own faiths.

However, the location of nine-year-old Prasana Diksa remains unknown.

The bill, which was presented last November, was initially expected to be debated at this sitting.

It aimed to resolve conflicts arising from the interfaith custody battle between Muslim and non-Muslim parents.

The amendments included a new provision in regards to the religion of the child, with Section 88A(1) stating that if a parent converts to Islam, the religion of the children remains the same unless both parents agree to the conversion of their children.

Former law minister Zaid Ibrahim said it was not surprising that the government would come up with such a decision regarding the amendment, adding that it was “politically motivated”.

“They have done that many, many times and nothing surprises me from this kind of government,” he told FMT.

“This goes back to 2009. It has already been eight years and they have debated, discussed and consulted, but they will not pass it unless the politics favour them.”

In April 2009, the cabinet decided that in cases where one parent chooses to convert to Islam, the children must continue to be raised in the common religion at the time of the marriage. However, this has yet to be made into law.

Zaid said the amendment would not be passed due to the fear that a majority of Muslims would oppose it, thereby causing the government to lose favour.

“This is all politics. This government will not do anything right. They will only do what’s convenient.”

Putrajaya will table fresh amendments to the bill tomorrow morning.

However, the new bill will be tabled without Clause 88A which stipulates that the religion of the child should remain the same despite the conversion of one of the parents.

In a statement today, Minister in the Prime Minister’s Department Azalina Othman Said said the amendments had to be made to avoid conflict with provisions under the Federal Constitution. -FMT