INDIAN and Chinese education groups have questioned why certain parties are only now looking into the legality of vernacular schools, which have been around since before independence.

They told The Malaysian Insight that they will fight a motion filed by a lawyer on the legality of such schools.

The government has long recognised vernacular, also known as national-type, schools, they said, emphasising how perplexing it is that the issue is being taken to court.

The groups added that quarters questioning the existence of vernacular schools are out to disrupt racial harmony.

“Vernacular schools have existed for more than 60 years,” said Malaysia Hindu Sangam president R.S. Mohan Shan.

“The government has recognised these schools for decades without any issues. So, why raise the matter now?”

On Wednesday, lawyer Mohd Khairul Azam Abdul Aziz filed a motion at the Federal Court, seeking a judgment on the legality of vernacular schools.

He had said he was prompted to take action after the government announced a RM127 million allocation for the maintenance of these schools next year, and that taxpayers had the right to ensure Putrajaya spent money on the people in accordance with the constitution and law.

“If these institutions are not legal, then the people’s money should not be passed on to them.”

Mohan said taxes are not paid only by Malays.

“Taxes are paid by all races. Chinese and Indians, too, pay taxes, so why shouldn’t we get allocations for our schools? They shouldn’t be blaming the government for the allocations given.”

He expressed hope that those doubting the legitimacy of vernacular schools will think rationally.

“Please don’t create disharmony in the country. We are all living peacefully.

“Whatever it is, we will fight it out. We will not let it go. This country belongs to all Malaysians. Why make everything racial?”

Tamil Foundation Malaysia president Thiraviam C. Maruthai, too, asked why the existence of vernacular schools is being questioned in this day and age.

“There were no problems with vernacular schools previously, so why is the issue being raised now? This will hurt national harmony.

“The existence of Tamil and Chinese schools should not be questioned.”

Any legal action against these schools is not right, he said.

“Tamil schools have been around… for more than 200 years. It is not fair to call into question their legality. We will seek legal experts’ advice on the matter.”

Malaysian Chinese Language Council president Eddie Heng Hong Chai said the status of Chinese and Tamil schools will soon be questioned in a court of law.

“Although the lawyer listed only the Education Ministry and government as the defendants, consider the future impact that the suit will have on the schools.

“We should get ready and consult our lawyers to protect our education system.”

Indian and Chinese education groups have the complete details on vernacular schools, he said.

“We have details on the schools’ history, framework, operations, teaching methods and data. We can provide comprehensive and useful information to the court if the need arises.”

He added that a meeting will be held next week with Indian organisations to discuss filing a court application.

“For now, we are gathering information and discussing with our legal team.

“We can’t stop anyone from challenging our status. What we need to do is stay calm and try to resolve the issue.”

Dong Jiao Zong Higher Learning Centre honorary secretary Chow Siew Hon said it will provide the necessary help and resources, such as funds and information, to challenge the motion.

“I doubt the application by the lawyer will be accepted. The stand in challenging our status is fragile.

“I think it’s just another one of their tricks after the Malay Dignity Congress. They are trying to get political mileage by stirring up racial issues.”

Khairul has denied that his action is racist.

“This is not a racial issue. This is purely a constitutional and legal issue.

“We filed this action in court. We didn’t take it to the streets. We filed it at the country’s highest court under Article 4(4) of the federal constitution.”

Counsel Shaharudin Ali, acting for Khairul, said the motion was filed based on the premise that Parliament does not have the authority to grant the education minister discretionary powers over the establishment of Chinese and Tamil schools, pointing out that Clause 152 of the federal constitution does not authorise the education minister such powers.

“The essence of this application is to seek an order from the Federal Court as to whether Parliament has the power to enact Sections 28 and 17 of the Education Act 1996.”

Vernacular schools recently provoked the government’s ire by rejecting a proposal for Jawi to be taught to their pupils.

The row ended with the Education Ministry saying parent-teacher associations will have the final say – a move many viewed as the government conceding defeat.

Malay nationalists, too, were unhappy with the schools’ opposition to Jawi, taking it to be a rejection of Malay culture and identity.

Race relations have been further strained by the Buy Muslim First campaign, believed to be a direct result of the spat over Jawi and the consequent unhappiness of Malays with the country’s Chinese and Indians. – October 27, 2019.