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The curious case of Indira Gandhi's custody battle in Malaysia: Conversion of Hindus to Islam, human rights and a missing daughter

The curious case of Indira Gandhi's custody battle in Malaysia: Conversion of Hindus to Islam, human rights and a missing daughter

Indira Gandhi has been fighting to see her daughter, taken from her as an infant and converted to Islam Photograph: (Others)

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Malaysian Hindu woman Indira Gandhi is continuing her 16-year battle to find her missing daughter, converted to Islam by her estranged husband, who disappeared with the girl.

The Human Rights Commission of Malaysia (Suhakam) on Tuesday (Nov 25) asked the Southeast Asian nation's police chief to immediately enforce a court order to locate the daughter of Indian-origin Hindu woman Indira Gandhi, whose estranged husband had converted their three children to Islam 16 years ago, and went missing with their infant daughter. Local political party Perak Gerakan’s deputy chairperson Naran Singh has hired a private investigator to locate Indira Gandhi’s ex-husband, Muhammad Riduan Abdullah, and her missing daughter. This marks the latest chapter in a saga of Hindu-to-Muslim religious conversion, family dispute and a prolonged quest for justice in the Muslim-majority nation.

Indira Gandhi, a mother seeking justice

The Malaysian rights body said it was “deeply concerned” by the police inaction, stating it had a clear legal duty to act and that “delays undermine public confidence in the rule of law and prolong the suffering of a mother seeking justice.”

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Indira Gandhi had led a public march on Saturday, clutching her daughter’s old teddy bear toy. The child, born Prasana Diksa, would now be 16 years of age. She was taken as an infant in 2009 amid a bitter interfaith custody battle. Indira’s two older children, Karan Dinish and Tevi Darsiny, now young adults, live with their mother and support her quest to locate their missing sister. Karan and his sister Tevi have no intention to convert to Islam, and want to remain ‘peaceful Hindus’, according to court documents.

A question of unilateral religious conversion

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Indira’s ordeal began in 2009 when her then-husband, a fellow Hindu born K Pathmanathan, who had converted to Islam and taken the name Muhammad Riduan Abdullah, changed the religion of their three children via a sharia court, without her consent. He then took Prasana, their youngest child who was only 11 months old at the time, and disappeared. Neither he nor the child has yet been found, with some reports suggesting he may have fled Malaysia. Police have claimed that investigative efforts included checks with immigration authorities, but no breakthrough has emerged.

In 2018, the Malaysian Federal Court unanimously declared that the religious conversions were invalid and ordered Riduan’s arrest, ruling that both parents’ consent is required for the conversion of minors under a civil marriage. Despite the landmark judgment, the father and daughter remain untraced.

An iconic human rights case in multicultural Malaysia

Indira Gandhi’s years-long battle for her children is now one of Malaysia’s most discussed human-rights cases. During the march on Saturday, joined by around 200 supporters, Indira sought to hand over her daughter’s toy to Inspector-General of Police (IGP) Khalid Ismail as a symbolic reminder of her missing child. But Khalid did not appear, despite protesters waiting for nearly four hours outside the police complex, prompting renewed criticism from activists and opposition lawmakers.

Malaysia’s dual legal system in sharp focus over the Indira Gandhi case

Malaysia has a dual legal system, with civil and Islamic (or sharia) courts operating in parallel. The conversion of the children took place under sharia law, but issues such as parental rights and guardianship fall under the jurisdiction of the civil courts. The Indira Gandhi case has drawn fresh attention to the constitutional limits of religious authority in Malaysia, and the state’s responsibility to uphold court orders. For many Malaysians, the case has become a symbol of a broader struggle for legal clarity and equal treatment regardless of faith, in Malaysia's multi-ethnic, multi-religious society.

“I have waited 16 years. All I want is my daughter back,” Indira Gandhi said on Saturday. After years of silence, Malaysia is once again watching this case and demanding answers.

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Vinod Janardhanan

Vinod Janardhanan, PhD writes on international affairs, defence, Indian news, entertainment and technology and business with special focus on artificial intelligence. He is the de...Read More