Malaysia

[UPDATED] High court rejects bid to challenge constitutionality of vernacular schools

Use of Tamil, Chinese languages in tandem with provisions, it rules

Updated 4 years ago · Published on 29 Dec 2021 10:48AM

[UPDATED] High court rejects bid to challenge constitutionality of vernacular schools
The Kuala Lumpur High Court has decided that the existence of vernacular schools does not go against provisions of the federal constitution. – AFP pic, December 29, 2021

by Arjun Mohanakrishnan

KUALA LUMPUR – Vernacular schools in the country are not against the federal constitution, as the high court here throws out an application challenging their legality over the use of non-national mediums of instruction.

The court also ruled that the existence of vernacular schools, as well as the use of Tamil and Chinese languages in those institutions, are in line with the provisions of the constitution.

Judge Datuk Mohd Nazlan Mohd Ghazali, who presided over today’s court proceedings, dismissed the suit brought by the Federation of Peninsular Malay Students, the Islamic Education Development Council and the Confederation of Malaysian Writers’ Association.

It was first initiated in December 2019.

They are seeking a court declaration that the existence of vernacular schools violates the provisions in the federal constitution, as Article 152(1) defines Bahasa Melayu as the national language.

The group added that Sections 2, 17 and 28 of the Education Act 1966 – which allow Chinese and Tamil schools to conduct their lessons in their native languages – are against the constitution.

Meanwhile, defence counsel T. Gunaseelan told the press outside the court complex that Nazlan had found that vernacular schools are not considered “public bodies”.

“The court held that vernacular schools are not public bodies.

“More importantly, the teaching of vernacular schools does not come under the ambit of public purpose.”

The Malaysian Chinese Language Council, Dong Zong, Persatuan Thamizhar Malaysia, Persatuan Tamilar Thirunal (Perak), Persatuan Gabungan Kebajikan Guru-Guru Bersara Sekolah Tamil, the Malaysian Chinese Language Council, Persatuan Malaysia Tamil Neri Kalagam, Gabungan Persatuan Bekas Pelajar Sekolah Tamil Malaysia, and SMJK Chong Hwa were named as defendants.

Political parties MIC, MCA and Gerakan were intervenors for the defendants, while Parti Bumiputera Perkasa Malaysia intervened for the plaintiffs. – The Vibes, December 29, 2021

Related News

Malaysia / 2y

MCA touts poll showing broad support for vernacular schools

Malaysia / 2y

Govt committed to vernacular schools, no plans to abolish them: Fadhlina

Malaysia / 2y

Recent Federal Court ruling a triumph for multicultural Malaysia, says MCA

Education / 2y

Court dismisses appeal to declare vernacular schools unconstitutional

Education / 2y

Using other languages in vernacular schools allowed in constitution, appellate court hears

Malaysia / 2y

Lawyer challenges use of Mandarin, Tamil in vernacular schools

Spotlight

Malaysia

Bersatu-PH tie-up a possibility as coalition seeks Malay support, analyst says

By Alfian Z.M. Tahir

Malaysia

Woman molested on her way home from work (video)

Malaysia

Court allows Daim's daughter to permanently keep passport

Malaysia

Santiago pokes holes in data centre hype, asks: Who really benefits?

By Alfian Z.M. Tahir

Malaysia

Jeweller vows to pursue Rosmah until ‘every penny’ is recovered as RM67.5m battle enters enforcement phase

Malaysia

Ambulance carrying two injured men crashes en route to hospital after MPV collision in Besut

Malaysia

Man blames 'lack of love' for sexual assault on teens

Business

BNM's OPR to stay at 2.75 pcent in 2026 amid strong domestic demand - Kenanga IB

Malaysia

Missing jewellery: Rosmah ordered to pay RM67.5 million

You may be interested

Malaysia

Ambulance carrying two injured men crashes en route to hospital after MPV collision in Besut

Malaysia

MACC busts RM9 million ‘Daya Kerjaya 2.0’ claims fraud network, 73 remanded

Malaysia

Dangerous “Piu Piu” found in vape liquids - Police

Malaysia

Police rule out bullying, schoolgirl’s fall from building in Pontian under investigation

Malaysia

Fatal road accidents claim at least 16 lives in little more than a week

Malaysia

Authorities press on AI photo crackdown as national passport enters global elite

Malaysia

Johor polls: UMNO asserts independence from federal Unity Government agreement

Malaysia

‘We do not believe in political divorce and remarrying’ – PM Anwar