Wanita MIC has ticked off Inspector-General of
Police (IGP) Khalid Abu Bakar for refusing to take action against a
father accused of kidnapping his son after the High Court had granted
custody of the boy to the mother.
"Khalid has taken the issue lightly by (allowing) more men to continue thinking that the culture (of violence) is still okay, and that the police will take their own time to take action or (perhaps) not even take action," Wanita MIC head Mohana Muniandy said in a statement.
In the middle of the conversion-cum-custody battle is S Deepa, who has accused her Muslim convert husband Izwan Abdullah of assaulting her and abducting their son two days after she gained custody of their two children.
Mohana described Izwan's actions as a criminal act and demanded action by the police.
"Deepa was assaulted after the verdict (granting her custody) was passed. By law, serious action must be taken against Izwan. Wanita MIC urges the IGP to do so," she said.
Izwan had converted to Islam, and then converted his six-year-old son and nine-year-old daughter without Deepa's knowledge.
He won custody of the children from the syariah court but the decision of the High Court in Seremban on April 7 gave custody back to Deepa.
The situation was further complicated after Khalid refused to act against Izwan for the alleged assault and kidnap, citing the conflicting decisions of the civil and syariah courts.
Instead, Khalid urged the estranged couple to "talk it out".
Tourism Minister Mohd Nazri Abdul Aziz, who was previously de facto law minister, has slammed Khalid for not acting in a case of "clear-cut kidnapping".
Mohana (right) stressed that the Guardianship of Infants Act 1961 gives guardianship rights to both parents in the event of conversion.
"Wanita MIC strongly urges that there be a proper guideline and procedure for conversion of minors and that the mother (in this case) must be informed,” she said.
"The children should go through proper counselling and other religious details given before being converted.”
She added that MIC has set up a task force of lawyers to look into women's rights on the matter and will also offer to assist Deepa.
LFL: Serve all or resign
Meanwhile, Lawyers for Liberty (LFL) called on Khalid to resign if he is not able to serve all Malaysians.
LFL said the police chief must not cite "conflicting jurisdictions" for the inaction of the police, since it was clear that Izwan's action was criminal in nature.
"The decision of the syariah court was ultra vires and bad in law as under the Federal Constitution (Second List in the 9th Schedule), it is clear that the syariah court does not have jurisdiction over non-Muslims.
"Further, Izwan and Deepa (left)
were married under civil law, the Law Reform (Marriage and Divorce) Act
1976. Therefore all issues of divorce, custody of children and other
matters can only be decided under the same Act and cannot be
circumvented by one spouse converting into Islam," it added.
The policeby turning a blind eye to Izwan's criminal action, LFL said, had send the wrong message that they are not willing to protect the rights of a non-Muslim spouse in the event of custodial dispute.
"We remind the IGP that the Federal Constitution is still the supreme law of Malaysia and it is vital that all citizens, regardless of ethnicity or religion are treated equally, a right guaranteed under Article 8.
"Laws and court judgments will be rendered meaningless if the police are able to pick and choose which ones to enforce.
"If the IGP feels that he is unable to defend the rights of all Malaysians, and not just Malaysian Muslims, then he is not fit to lead the police force and should resign," LFL added.
"Khalid has taken the issue lightly by (allowing) more men to continue thinking that the culture (of violence) is still okay, and that the police will take their own time to take action or (perhaps) not even take action," Wanita MIC head Mohana Muniandy said in a statement.
In the middle of the conversion-cum-custody battle is S Deepa, who has accused her Muslim convert husband Izwan Abdullah of assaulting her and abducting their son two days after she gained custody of their two children.
Mohana described Izwan's actions as a criminal act and demanded action by the police.
"Deepa was assaulted after the verdict (granting her custody) was passed. By law, serious action must be taken against Izwan. Wanita MIC urges the IGP to do so," she said.
Izwan had converted to Islam, and then converted his six-year-old son and nine-year-old daughter without Deepa's knowledge.He won custody of the children from the syariah court but the decision of the High Court in Seremban on April 7 gave custody back to Deepa.
The situation was further complicated after Khalid refused to act against Izwan for the alleged assault and kidnap, citing the conflicting decisions of the civil and syariah courts.
Instead, Khalid urged the estranged couple to "talk it out".
Tourism Minister Mohd Nazri Abdul Aziz, who was previously de facto law minister, has slammed Khalid for not acting in a case of "clear-cut kidnapping".
Mohana (right) stressed that the Guardianship of Infants Act 1961 gives guardianship rights to both parents in the event of conversion."Wanita MIC strongly urges that there be a proper guideline and procedure for conversion of minors and that the mother (in this case) must be informed,” she said.
"The children should go through proper counselling and other religious details given before being converted.”
She added that MIC has set up a task force of lawyers to look into women's rights on the matter and will also offer to assist Deepa.
LFL: Serve all or resign
Meanwhile, Lawyers for Liberty (LFL) called on Khalid to resign if he is not able to serve all Malaysians.
LFL said the police chief must not cite "conflicting jurisdictions" for the inaction of the police, since it was clear that Izwan's action was criminal in nature.
"The decision of the syariah court was ultra vires and bad in law as under the Federal Constitution (Second List in the 9th Schedule), it is clear that the syariah court does not have jurisdiction over non-Muslims.
"Further, Izwan and Deepa (left)
were married under civil law, the Law Reform (Marriage and Divorce) Act
1976. Therefore all issues of divorce, custody of children and other
matters can only be decided under the same Act and cannot be
circumvented by one spouse converting into Islam," it added.The policeby turning a blind eye to Izwan's criminal action, LFL said, had send the wrong message that they are not willing to protect the rights of a non-Muslim spouse in the event of custodial dispute.
"We remind the IGP that the Federal Constitution is still the supreme law of Malaysia and it is vital that all citizens, regardless of ethnicity or religion are treated equally, a right guaranteed under Article 8.
"Laws and court judgments will be rendered meaningless if the police are able to pick and choose which ones to enforce.
"If the IGP feels that he is unable to defend the rights of all Malaysians, and not just Malaysian Muslims, then he is not fit to lead the police force and should resign," LFL added.
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