Home TA Online 2014 TA Online Pas’ attempt to introduce hudud ‘unconstitutional’: Prabha

Pas’ attempt to introduce hudud ‘unconstitutional’: Prabha

Graphic: kelatekito.net

Join us on Telegram and Instagram for the latest.

The two private members’ bills are an insult and affront to our constitutional and fundamental rights, asserts C V Prabhakaran.

Graphic: kelatekito.net
Graphic: kelatekito.net

Pas’ attempt to table in Parliament two private members’ bills to introduce hudud law in Kelantan is unconstitutional and should be objected to loudly and clearly.

Members of Parliament on both sides should object to them vehemently.

These bills are an insult and affront to our constitutional and fundamental rights. There is no particular Article or provision within our Constitution which allows criminal law and the criminal justice system to be amended, altered or changed or to be drastically interfered with. The passing of law contrary to Article11(1) of the constitution wherein “every person has the right to profess and practise his religion” is sacrosanct and cannot be changed to suit any particular person or political party.

The right to practise one’s own religion, having been strongly embodied in the Constitution, should not be changed or interfered with in the absence of any provision within the constitution to allow such change. Any attempt to do so can be challenged and be declared null and void. Hence, the Pas Private Members Bill is ad interim (from the beginning) unconstitutional.

The Bill infringes on Article 8 “that all persons are equal before the law and entitled to equal protection of the law”. Further Article 8(2) provides that there “shall be no discrimination against citizen or gender in any law”. The Bill is clear discrimination.

On a matter of social justice, we should oppose the passing of this law.

READ MORE:  Penang assembly's extra seats for women a welcome move

Dato C V Prabhakaran is a former chairperson of the Penang Bar Committee.

Thanks for dropping by! The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

Our voluntary writers work hard to keep these articles free for all to read. But we do need funds to support our struggle for Justice, Freedom and Solidarity. To maintain our editorial independence, we do not carry any advertisements; nor do we accept funding from dubious sources. If everyone reading this was to make a donation, our fundraising target for the year would be achieved within a week. So please consider making a donation to Persatuan Aliran Kesedaran Negara, CIMB Bank account number 8004240948.
Notify of
Oldest Most Voted
Inline Feedbacks
View all comments
Would love your thoughts, please comment.x