6 Want Penang Hindu Endowments Law Declared Null And Void

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The 1906 Hindu Endowments Ordinance allows the Penang government to take over and manage Hindu temples and organisations.GEORGE TOWN: The president of the Malaysia Hindu Sangam and five former Penang temple committee members are seeking a High Court declaration that a pre-Merdeka law used in Penang to take over and manage Hindu establishments is void.
MHS president Mohan Shanmugam, K Sekar, P Subaramany, A Periasamy, M Ramkumar and M Ayapan say in their originating summons that the 1906 Hindu Endowments Ordinance goes against fundamental liberties promised under the Federal Constitution.
Under the law, the state government, through the Penang Hindu Endowments Board (PHEB), can take over temples, Hindu schools and religious and charitable organisations with the consent of the governor.
The law further empowers the PHEB to demand written answers and financial accounts from any Hindu organisation. It can also expel or appoint new members to the management of any Hindu organisation.
In their originating summons against the Penang government and PHEB, the plaintiffs claim that the law deprives them and the Penang Hindu community of the fundamental liberties assured under Articles 8 and 11 to 13 of the Federal Constitution.
The articles concern discriminatory practices, religious freedom, the right to property and the right of religious groups to manage their religious educational institutions.
The plaintiffs are seeking a court order calling for the amendment, adaptation or repeal of three sections of the 1906 law to ensure they sync with the fundamental liberties provided to the Hindu community of Penang under the Federal Constitution.
The three sections concern the establishment of the PHEB, the takeover of the administration of Hindu bodies that are deemed mismanaged, and the power to transfer lands owned by these bodies to the board.
They are also asking the court to exercise its powers to declare the law void under Article 4 of the Federal Constitution as the ordinance had gone through an amendment in 1967. Article 4 allows for the repeal of any law.
The High Court will hold an e-review of the case on Jan 20. - FMT

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