Talk highlights fundamental rights and freedoms

Federal Court of Malaysia

By Herald Malaysia

MENTAKAB — The Catholic Lawyers’ Society Kuala Lumpur (CLS) has in recent years been actively advocating for various causes affecting society and the wider community. Most recently, on May 16, the Society was invited to the Church of Our Lady of Perpetual Help to deliver a talk on Constitutional Safeguards — an area of fundamental importance amid growing concerns over injustices, the increasing number of stateless children, issues related to conversion to Islam, and cases involving the deprivation of fundamental rights and liberties.

Recognising that knowledge is empowering, the CLS sought to create greater awareness on these issues while also addressing pertinent questions raised by participants. Many attendees appreciated the session as a safe and supportive space where they could openly share personal predicaments and seek clarification on matters affecting them and their families.

A similar talk had earlier been conducted at the Church of the Holy Family, Kajang on March 25, as part of the Society’s continuing efforts to educate and em-power the faithful on constitutional rights and legal protections.

The talk was held at the church itself, set amidst sprawling and scenic grounds that provided a peaceful setting away from the hustle and bustle of city life. Located in a quaint town with a warm and welcoming community, the venue proved ideal for meaningful dialogue and learning. Parishioners and participants were eager to deepen their understanding of their constitutional rights, not only to safeguard their own liberties, but also to better assist others in their community who may be facing various challenges.

The session was conducted in both English and Bahasa Malaysia by five keynote speakers — Kevin De Rozario, Annou Xavier, Edwin Tan, Calista Chin and Cynthia Gnanasekaran. The crowd comprised individuals who were genuinely interested in the subject matter, as many found the issues discussed relatable to present-day realities. For some, the talk also served as a timely precautionary guide to avoid becoming entangled in situations, particularly those involving sensitive religious matters, where reversing one’s actions may prove difficult, or even impossible.

Drawing from their extensive legal experience in handling such matters, the speakers were able to address participants’ concerns comprehensively. Kevin De Rozario, the acting president of CLS together with vice president, Annou Xavier, responded thoughtfully to the many questions raised by the audience.

The session aimed to educate participants on freedom of religion and the relevant provisions within the Federal Constitution. Attention was given to Article 3(1), which upholds the right of non-Muslims to practise their religion peacefully and without interference in the country. Article 11(4), however, was also explained as providing restrictions against the propagation of other religions to Muslims.

The speakers also touched on past controversies involving raids on Christian places of worship and the confiscation of Bibles and Christian materials, noting concerns over the implications such incidents have on religious freedom and the ability of individuals to practise their faith without fear or intimidation.

The talk continued with a comprehensive overview of other constitutional rights and protections, including equality, freedom of speech, assembly and association, property rights, citizenship, and the registration of children. Special focus was given to citizenship provisions under the Federal Constitution, particularly Article 19B, which states that a child found abandoned or exposed in any place shall be presumed to have been born there to a mother permanently resident in that location. Participants were informed that greater awareness of citizenship laws and registration procedures under special circumstances could help reduce the growing number of stateless children in the country.

The speakers also highlighted provisions concerning the special rights of Bumiputera as well as the natives of Sabah and Sarawak. Attention was further drawn to Orang Asli rights under the Aboriginal Peoples Act 1954, including landmark cases such as Sagong Tasi v State of Selangor [2002], which dealt with trespass and the destruction of customary Orang Asli land (tanah adat).

The final session was presented by young lawyer Cynthia Gnanasekaran, who addressed the topic of religious conversion. Several high-profile cases, including those involving Lina Joy, Sgt Moorthy and Shamala Sathiyaseelan, were discussed to illustrate the legal and social complexities surrounding conversion matters in Malaysia. The audience listened attentively as the speakers explained the far-reaching implications and legal challenges involved, particularly in cases concerning renunciation of religion and matters falling under the jurisdiction of the Syariah Court.

The session proved to be both educational and insightful for those present. At the conclusion of the talk, Fr Terrance Thomas expressed his gratitude to the speakers for sharing their expertise and presented them with tokens of appreciation on behalf of the parish.

HERALD MALAYSIA

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