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

Former head of a ministry's corporate communications unit acquitted of bribery charge

Malaysia

Two sisters die trapped in Johor house fire as escape routes cut off by flames

Malaysia

NS election speculation intensifies as Aminuddin granted audience with state ruler

Malaysia

Teenager who drove recklessly, causing death remanded for further investigation

Malaysia

Police looking for trio involved in violent armed robbery in Penang (video)

Malaysia

Family of five killed as car crashes into water pipe in Serian

Malaysia

'I was once spat on by a pakcik' — Marina denies fear of contesting Malay-majority seats

Malaysia

Jewellery shop among six premises destroyed in fire (video)

You may be interested

Malaysia

NS election speculation intensifies as Aminuddin granted audience with state ruler

Malaysia

Jewellery shop among six premises destroyed in fire (video)

Malaysia

Viral list of PRN candidates is fake - BN Johor

Malaysia

Teen mothers must return to school, says Fadhlina as education remains priority

Malaysia

Guan Eng suggests BSN to handle MSME loans for non-Malay businesses to expand access

By Ian McIntyre

Malaysia

Care home worker jailed 36 years and caned for sexual offences against five boys

Malaysia

Police looking for trio involved in violent armed robbery in Penang (video)

Malaysia

Lorry driver jailed a day, fined for making obscene gestures, dangerous driving (video)