Malaysia

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

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

Updated 2 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 / 2w

MCA touts poll showing broad support for vernacular schools

Malaysia / 1mth

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

Malaysia / 2mth

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

Education / 5mth

Court dismisses appeal to declare vernacular schools unconstitutional

Education / 8mth

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

Malaysia / 9mth

Lawyer challenges use of Mandarin, Tamil in vernacular schools

Spotlight

Malaysia

Guan Eng welcomes Chow’s wooing of Chinese semiconductor firms

By Ian McIntyre

Malaysia

Gerakan accepts PN decision not to field party’s candidate in Kuala Kubu Baharu

Malaysia

German cops seize four Bugatti Veyrons linked to 1MDB scandal

Malaysia

Economists laud introduction of third EPF account

By Alfian Z.M. Tahir

Malaysia

Chow wants to meet Guan Eng over ‘missed investment’ remarks

By Ian McIntyre

Malaysia

How will Sarawak's 'region' status benefit the poor, asks activist

By Stephen Then

You may be interested

Malaysia

KK Mart owner, wife to file representation for ‘Allah’ socks charge to be dropped

Malaysia

Chegubard claims trial to defamation, sedition charges

Malaysia

100 KFC outlets temporarily suspended according to report

Malaysia

Hoteliers can expect more occupancy growth driven by foreigners, says MAH

By Noel Achariam

Malaysia

Guan Eng welcomes Chow’s wooing of Chinese semiconductor firms

By Ian McIntyre

Malaysia

Malaysian students in UK recreate mixed rice experience in viral video

Malaysia

Boy almost run over by car after being chased by dog

Malaysia

Sarawak going door-to-door in new rabies vaccination drive

By Desmond Davidson