Restore single mum’s rights, full custody of children without further delay, JAG urges govt

KUALA LUMPUR: Joint Action Group for Gender Equality (JAG) has called on all arms of the government to enforce without further delay Loh Siew Hong’s rights as a mother to have full custody, care and control of her children.

"The Federal Court of Malaysia, in the landmark case of Indira Gandhi, has made it clear that conversion of minor children to Islam requires the consent of both parents," it said in a statement on Friday (Feb 18).

It added that the Court had unequivocally interpreted Article 12(4) of the Federal Constitution, which states that “the religion of a person under the age of eighteen years shall be decided by his parent or guardian,” as requiring the consent of both parents.

"In other words, our apex court, interpreting the supreme law of our land, has decided that the unilateral conversion to Islam of minor children, by either parent cannot be defended.

"Shockingly, the actions of the Perlis State Mufti, its Welfare Department and related enforcement agencies continue in clear defiance of Loh Siew Hong’s lawful rights.

"It also contradicts Malaysia’s commitment to gender equality through the Convention on the Elimination of all forms of Discrimination (Cedaw)," it said, adding that in 2006, the Cedaw committee concluding observation states that we must remove any inconsistencies between civil and Syariah law that impede women’s rights to equality and non-discrimination.

It added that this was reiterated in its 2018 recommendations but has been clearly disregarded by the state and national institutions.

"Despite being conferred full custody rights by the law, her children were taken away from her and converted to another religion without her knowledge and consent," it said, adding that she went through the nightmare of having to track them down, only to face one frustrating barrier after another upon finding them.

It added that she even offered to give up her basic right to freedom of religion by converting to Islam just to be reunited with her children.

"Such is the extent of her despair and desperation brought about by a system that has failed her repeatedly.

"In reality, legal rights mean nothing if they are not given effect in practice.

"Despite the Federal Court’s judgment, we are still grappling with the fact that Indira Gandhi has yet to be reunited with her daughter after 12 excruciating years," it said.

Loh, 35, was only recently reunited with her children, 14-year-old twin daughters and a 10-year-old son, who had been taken away and hidden from her by her ex-husband and subsequently a third party since 2019.

She met them for the first time in three years at a police station in Perlis, but the children were initially reluctant to follow her home because they were afraid their father might harm himself in prison if they did.

Despite having legal sole custody of the children, Loh, a chef in Genting Highlands, decided to let them be under the care of the Perlis Welfare Department until her habeas corpus application is heard at the Kuala Lumpur High Court on Feb 21.

Loh’s ex-husband, Nagashwaran Muniandy, had converted to Islam and had also unilaterally converted the children.

He was arrested for a drug-related offence and is now in jail in Kelantan.