FINALLY, the Court of Appeal has unanimously dismissed the appeal and decided that the use of Tamil and Mandarin languages as the medium of instruction for teaching in vernacular schools are constitutional.
Justice Azizul Azmi Adnan who represented the three-person bench delivered the appellate court’s finding. He said vernacular schools have been long recognised in the legislative framework of the education system, even prior to Malaya’s independence and the existence of the federal constitution.
Like all other schools, the Tamil and Chinese schools follow the national syllabus and all rules and regulations of the Education Ministry.
They are an integral part of the national education system and today some 100,000 students study in 528 schools in the country. Thus, to call for closure of Tamil schools reflects ignorance, arrogance of several individuals and narrow-minded interest groups.
The question before us now, will the ruling by the Court of Appeal be a morale-booster for more Indian parents to send their children to Tamil schools? Or, is more still needed to convince young parents to place their trust in the Tamil school system?
Sending their children to Tamil schools must be a choice for parents instead of being a sentiment-based decision.
In his judgement, justice Azizul also said soon after the constitution came into force in 1957, independent Malaya continued to preserve and sustain the teaching of Tamil and Mandarin in vernacular schools.
The federal government had also recognised the constitutional duty to continue to preserve and sustain the use of these languages. The judge further said that the existence of these schools and the relevant provisions in the Education Act did not offend any of the fundamental liberty provisions in part II of the constitution.
Nevertheless, the impression of Tamil schools have enjoyed a mass improvement, there are only 528 Tamil schools in the country with a total of approximately 100,000 students. In 1980, there were 589 Tamil schools.
Tamil schools are facing closure due to low enrolment or combined with other schools according to the ministry’s policy. With falling enrolment Tamil schools are facing a bleak future. Schools should be allowed to move to Indian majority areas to have higher student enrolment.
The Tamil schools are in no way equivalent to the country’s Malay and Chinese schools. Budget allocation for Tamil schools has always been a major issue. Some schools are using old blocks which cause structural problems.
In the last 10 years, Tamil schools have begun to perform better. But in 2020, the projected budget for Tamil schools was approximately RM 29 million, which was lower than the budget allocated the previous year which was about RM50 million.
Some Tamil schools in our country, particularly in Selangor, Perak, Johor, Kuala Lumpur, Negri Sembilan, and Kedah do not have enough students. There is a concern that if enrolment does not rise or even the facilities are not improved, these schools will be forced to close.
Most schools are not enjoying full facilities. Conditions of Tamil schools in rural areas are even worse. It is a concern that those schools may soon disappear.
In 1816, Malaysia’s first ever Tamil class took place in Penang Free School. In 1897, the country’s first Tamil school was opened in Seremban at SJK (T) Jawa Lane.
200 years later, the fate of Malaysian Tamil schools continue to be in a limbo with low enrolments. It is disheartening to assume that Tamil schools are in a sad state of affairs.
Though more than RM700 million have been allocated since 2009 to significantly improve the infrastructure and basic facilities of Tamil schools, most schools are subjected to a poor learning environment.
In 2022, the Education Ministry received a budget allocation of RM52.6 billion. From this figure, the Chinese and Tamil schools only received a total of RM120 million.
There is a growing realisation among Tamils in particular and Malaysian Indians generally that the Tamil schools should be safeguarded. The permits or licences of the closed Tamil schools can be used to build new schools in areas of high Tamil-Indian concentration. Improving the infrastructure of schools can also result in the increase of student enrolment.
In Budget 2024, Prime Minister Datuk Seri Anwar Ibrahim announced an allocation of RM1 billion for the maintenance of all school types namely national, religious, Tamil and Chinese types schools. Increase in funding for Tamil schools, would help Tamil schools be at par with National schools. – November 23, 2023
The writer has served the Malaysian government at various ministries and agencies for almost 30 years