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 / 3y

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

Malaysia / 3y

Lawyer challenges use of Mandarin, Tamil in vernacular schools

Spotlight

Malaysia

Eight homes evacuated after recurring landslides raise safety fears in Shah Alam

Malaysia

Najib’s pension suspended, Saifuddin confirms

By Alfian Z.M. Tahir

Malaysia

Melaka PRN: PH to abolish seven appointed state assembly positions

Malaysia

Naked body of woman found floating in river

Malaysia

Dzulkefly praises HKL’s success in reattaching police officer’s hand

Malaysia

Four homes remain unsafe as Penang landslide stabilisation takes up to five months

Malaysia

1MDB allowed to admit affidavit of Rosmah’s shopping partner in its case

Malaysia

Najib faces four conditions under house arrest, including restrictions on movement and visitors

By Alfian Z.M. Tahir

You may be interested

Malaysia

56-year-old admits sexually assaulting seven-year-old girl

Malaysia

Najib restricted to immediate family under house arrest

By Alfian Z.M. Tahir

Malaysia

Anwar demands firm action over attack that severed policeman's wrist

Malaysia

Malaysia only ASEAN nation to attain Tier 1 post-quantum cybersecurity readiness

Malaysia

Google Maps lists Najib’s Langgak Duta home as ‘prison mansion’

Malaysia

PH’s strength lies in trust, tested partnerships

Malaysia

Melaka polls: DAP alleges BN campaign takeover of more than 500 government billboards in Melaka

Malaysia

Dzulkefly praises HKL’s success in reattaching police officer’s hand