Convert goes to court to nullify conversion - Malaysiakini

S Banggarma, who claims to have been converted unwittingly to Islam at the age of seven, has filed a civil suit seeking a High Court order to nullify the conversion on grounds of illegality.

Her lawyer, Gooi Hsiao Leung, filed the suit at Penang High Court this morning.

The 27-year-old Banggarma, whose Muslim name is Siti Hasnah Vangarama Abdullah, was accompanied by her husband, fisherman S Sockalingam and two children - Kanagaraj, eight, and Hisyanthini, two.

Gooi said his client wanted the court to declare her conversion to Islam on Dec 28, 1989 by Islamic authorities as "unlawful and unconstitutional."

In her affidavit, Banggarma referred to the Federal Constitution, the Penang Islamic Affairs Administration Enactment, and the Age of Majority Act 1971 to back her case.

Banggarma named Malaysia Islamic Welfare Organisation (Perkim) president Dr Mahathir Mohamed, Perkim representative Raimi Abdullah, Penang Islamic Religious Affairs Council (Mainpp) and Penang City Kadi in the suit.

Gooi said Dr Mahathir and Raimi were named as respondents in the suit because of Perkim's alleged involvement in converting Banggarma 20 years ago.

Banggarma also wants the High Court to order the National Registration Department to cancel her identity card which carries a Muslim identity and issue her a fresh identity card with her Hindu identity.

'Unlawful from the start'

Without a Hindu identity card, Banggarma is unable to register her marriage to Sockalingam in 2000.

Gooi said under Article 12.4 of the Federal Constitution, a minor could only be converted to another religion with consent of the person's parents or guardian.

"It's unconstitutional and unlawful to convert a minor without parents or guardian's consent," he said, and added that this was a case of involuntary conversion of a person to Islam.

"Banggarma is seeking to nullify the conversion, which was unlawful from the very start," said Gooi (right).

Banggarma claimed that she was unwittingly converted to Islam, together with several other minor inmates, while she was placed under the care of welfare home, Rumah Kebajikan Kanak-Kanak Taman Bakti, Kepala Batas.

However, the welfare department claimed that the housewife was converted to Islam when she was one-year-old by her natural parents - plantation worker B Subramaniam and Latchumy Ramadu.

The department claimed that the conversion was done on Nov 30, 1983 in Rompin, Pahang.

In response, counsel Gooi argued that the welfare department claim was "inconsistent and contradictory" as to the contents of the conversion certificate issued to Banggarma in 1989.

Gooi, who is also PKR Kedah Youth deputy chief, said his client decided to go ahead with the court action after she had exhausted all diplomatic channels to find an amicable solution to her predicament.