Minorities, Rights and the Law in Malaysia
eBook - ePub

Minorities, Rights and the Law in Malaysia

  1. 212 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

Minorities, Rights and the Law in Malaysia

About this book

This book analyses the mobilisation of race, rights and the law in Malaysia. It examines the Indian community in Malaysia, a quiet minority which consists of the former Indian Tamil plantation labour community and the urban Indian middle-class.

The first part of the book explores the role played by British colonial laws and policies during the British colonial period in Malaya, from the 1890s to 1956, in the construction of an Indian "race" in Malaya, the racialization of labour laws and policies and labour-based mobilisation culminated in the 1940s. The second part investigates the mobilisation trends of the Indian community from 1957 (at the onset of Independent Malaya) to 2018. It shows a gradual shift in the Indian community from a "quiet minority" into a mass mobilising collective or social movement, known as the Hindu Rights Action Force (HINDRAF), in 2007. The author shows that activist lawyers and Indian mobilisers played a crucial part in organizing a civil disobedience strategy of framing grievances as political rights and using the law as a site of contention in order to claim legal rights through strategic litigation.

Highly interdisciplinary in nature, this book will be of interest to scholars and researchers examining the role of the law and rights in areas such as sociolegal studies, law and society scholarship, law and the postcolonial, social movement studies, migration and labour studies, Asian law and Southeast Asian Studies.

Trusted by 375,005 students

Access to over 1.5 million titles for a fair monthly price.

Study more efficiently using our study tools.

Information

Publisher
Routledge
Year
2020
Print ISBN
9780367862398
eBook ISBN
9781000050028

1 Indians in Malaysia

A diverse and ‘quiet minority’ in an illiberal polity

1.1 Introduction – the phenomenon of Indian mobilisation

This book is a case study of Indians in Malaysia, a minority that was originally a migrant group from the Indian sub-continent. This chapter narrates a historical overview of the group’s origin and explains the ethno-cultural as well as socioeconomic diversity of the group. It then charts the trends of Indian mobilisation and acquiescence from the 1890s to 2018, beginning from the colonial British era in Malaya and proceeding to the post-colonial period in Malaysia, which has been described by scholars as an illiberal period particularly after the May 1969 race riots. Despite the hyper-diversity and generally compliant nature of the Indians, this chapter reveals that there have been two occurrences of mass Indian mobilisation: the 1941 Indian Tamil plantation labour walk-outs (referred to in this book as the ‘Klang Strikes’)1 and the 2007 mass demonstration of Indians organised by the Hindu Rights Action Force (known as the HINDRAF rally’). The chapter ends with an account of the growing incidents of mobilisation by Indians preceding the HINDRAF rally and the electoral mobilisation of Indians during the 2008 General Elections following the HINDRAF rally, as well as the 2013 and 2018 General Elections. In essence, the chapter sets the stage for the study of the role of the law and rights in the mobilisation of minority Indians in Malaysia.

1.2 Origin of Indians in Malaya

The Indian presence in Malaya2 dates from the first century AD, beginning with the coming of Indian traders, military conquerors and Hindu/Buddhist cultural influence (or Indianisation) in the northern region of the Malay Peninsula.3 Archaeological and historical evidence of Hindu/Buddhist relics and temple ruins showed that the early Malay Kingdom of Kadaram, located in the present-day state of Kedah was subject to eleventh-century conquests from the Chola Dynasty of the Coromandel Coast of Southern India.4 Despite the Indianisation of early Malay royal culture and local Malay customs, the Indians themselves were passing through to reach other dominions in Southeast Asia. Indian presence was again apparent in the fifteenth-century port of Malacca, which was a trade hub for Indian merchants. Most of the Indian traders were transitory, but a few settled down with local Malays and assimilated into Malay culture forming the hybrid (peranakan) Malacca Chitty community.5 However, early Indians in Malaya were mostly sojourners and are not the forefathers of contemporary Indians in Malaysia.
The modern Indians in Malaysia are mostly descendants of the citizens of British India and British Ceylon who came to Malaya during the nineteenth-century British colonial rule. The late 1800s has been recorded as an intense period of Indian labour migration from British India to her other colonies such as Guyana and Trinidad in the British Caribbean islands, Ceylon (Sri Lanka) and Mauritius in the Indian sub-continent, as well as the Straits Settlements (Malaya) and Burma in Southeast Asia.6 The colossal movement of Indian labour across the colonies was due to the high demand for cheap labour to work in the agricultural plantations of tea, coffee, sugar cane and rubber. The rapid development of the industrial revolution and production of goods in Britain had propelled a rising need for inexpensive raw materials. At the same time, British humanitarian lobbyists had placed political pressure on the British parliament which led to the termination of the old system of slavery. Hence, the high demands of industry and the search for inexpensive labour required a ‘new system of slavery’, which was obtained from cheap and compliant labour from British India.7 The British colonial government in India (also known as the British Raj) set up an Indian labour policy and an immigrant control system with stringent requirements to ensure the transportation of a submissive Indian labour force.8 India had a large populace which was acclimatised to an orthodox Hindu social system, that is, the hierarchical caste system that created a ready pool of agricultural workers.9 The living and work conditions were already severe and harsh for India’s landless peasants; hence, many were willing and able to migrate to the other colonies in search of better prospects. The concern of British colonial capitalists and planters was not only in obtaining cheap agricultural labour but also in ensuring an obedient and complacent workforce. The British planters who ran the plantations in Malaya found the ‘subordinate class’ of Indians to be fitting for this role, and the rigid caste system would ensure minimal risk of a peasant revolt which could destabilise the colonial plantation economy.10
Suitable plantation labour was specifically chosen from the state of Tamil Nadu (‘Tamil land’) where the British Madras Presidency held its office in India. In fact, the migration of the Indian Tamil people to Malaya has been historically documented as a crucial component of the colonial rubber economy.11 The Tamils are an ethno-linguistic people who speak the Tamil language and practice what is known as the Dravida (South Indian) Tamil culture. During the British occupation of Tamil Nadu, severe bouts of droughts had rendered many of the landless peasants jobless, in serious debt and in dire need of new economic opportunities. Furthermore, the lower-caste landless peasants were hoping to escape exploitation by upper-caste landlords under the Indian bonded labour system.12 The British were familiar with Tamil peasant labour who were first brought into British Ceylon in the 1800s to work in the coffee plantations and in the 1900s for tea cultivation.13 The flow of Indian Tamil landless peasants to Ceylon in the beginning was almost unrestricted, but by the 1830s, the British Raj enacted the Indian Immigration Ordinances which began regulating the indentured and contractual terms of labour. The Indian Tamils were a migrant labour group who were kept spatially and socially separate from the native Ceylon Tamils.14 The separation of these two Tamil sub-groups created a caste/class wedge and proved to be a useful arrangement for the control of Indian Tamil plantation labour and Ceylon Tamil administrative staff under the British Ceylon administration. Hence, the Indian Tamil peasantry provided the right type of wage labour for the development of rubber, while the division of labour in British Ceylon was easily replicated in the rubber plantations of Malaya. The 1884 Indian Immigration Ordinance shifted the control of Indian labour emigration from the British Raj to the Straits Settlements Government (Malaya), while the 1908 Tamil Immigration Fund Ordinance (re-enacted as the 1910 Indian Immigration Fund) was passed in order to sponsor and support the importation of Indian Tamil labour into Malaya.
The British planters in Malaya purportedly found the Indian Tamil labourers to be weak in morale, fearful of authority and in servile gratitude to the British planters.15 The British planters’ preference for Indian Tamil peasants particularly from low-caste groups, which included a small percentage from the Outcastes or Untouchables group, meant that a majority of the Indians who migrated to Malaya from the 1900s to 1945 were Indian Tamils as plantation labour. By the 1920s, 90% of the Indians in Malaya were said to be members of the Indian Tamil ethno-linguistic group.16 However, a small number of Tamils were also brought from the Jaffna province of British Ceylon, while other non-Tamil South Indians were transported from the Indian states of Kerala and Andhra Pradesh, in order to fulfil the need for clerical and administrative staff in the British Malayan government and rubber plantations.17 These migrants were chosen for their level of education, ability to speak English and prior work experience as low-ranking administrators under the British Raj. Other Indians who came into Malaya included the Sikhs from the state of Punjab, who were recruited by the British administration as military, police and security personnel.18 At the same time, a handful of self-sponsored free migrants also came into Malaya on their own accord for purposes of trade and employment. The free migrants were mostly Indian Muslims (including Tamil and Malabar/Kerala Muslims) and North Indians such as the Gujaratis, Sindhis and Bengalis.19 Another group which came from Tamil Nadu but as self-sponsored migrants were the Tamils of the Natukottai Chettiar caste, usually pegged as traders, merchants, moneylenders, bankers and landowners.20 However, due to caste cleavages, the Indian Tamil Chettiars did not mingle or associate with the Indian Tamil plantation labour. The bulk of the Indian free migrants were a crucial component of an emerging urban Indian middle class. In essence, the origin of modern Indians in Malaya shows extreme diversity in terms of their ethno-cultural identity. The only thread that linked these various groups was that they came from the Indian sub-continent and thus were somehow ‘Indians’.

1.3 Horizontal and vertical cleavages among Indians in Malaya

The sheer diversity of the Indians who came into Malaya resulted in a hyper-diverse group that experienced horizontal (ethnic, linguistic, religious, regional and cultural) and vertical (caste, class and socioeconomic status) cleavages. Despite the diversity of Indians, the British colonial administration attempted to racialise the group in order to differentiate the Indians from other ethno-cultural groups such as the Chinese and the Malays.

1.3.1 Horizontal ethno-cultural diversity of Indians

In the latest population census of 2010, Indians comprised 7.3% of the Malaysian population, while the main ethno-linguistic sub-group were the Tamils, accounting for 80% of the Indians in Malaysia.21 The Indian category in current census data consists of the majority Tamils and pockets of ethno-linguistic and regional sub-minorities such as the Malayalis, Telugus, Punjabis, Bengalis, Gujaratis, Sindhis, Oriya as well as Ceylon Sinhalese and Ceylon Tamils. The 2010 census also found that 6.3% of the Malaysian population wer...

Table of contents

  1. Cover
  2. Half Title
  3. Series Page
  4. Title Page
  5. Copyright Page
  6. Table of Contents
  7. List of tables
  8. List of abbreviations
  9. Acknowledgements
  10. Introduction – The phenomenon of Indian mobilisation in Malaysia
  11. 1 Indians in Malaysia: a diverse and ‘quiet minority’ in an illiberal polity
  12. 2 Theorising politico-legal mobilisation of minority groups in illiberal polities: the role of the law in constituting identities and grievances
  13. 3 Race: Indian identity, grievances and ‘rights’ in colonial Malaya (1890–1956)
  14. 4 The quiet minority: Indians and legal repression in an illiberal democratic Malaysia (1957–1989)
  15. 5 The unquiet minority: legal mobilisation of Indians in illiberal Malaysia (1990–2018)
  16. 6 Conclusion
  17. Bibliography
  18. Index

Frequently asked questions

Yes, you can cancel anytime from the Subscription tab in your account settings on the Perlego website. Your subscription will stay active until the end of your current billing period. Learn how to cancel your subscription
No, books cannot be downloaded as external files, such as PDFs, for use outside of Perlego. However, you can download books within the Perlego app for offline reading on mobile or tablet. Learn how to download books offline
Perlego offers two plans: Essential and Complete
  • Essential is ideal for learners and professionals who enjoy exploring a wide range of subjects. Access the Essential Library with 800,000+ trusted titles and best-sellers across business, personal growth, and the humanities. Includes unlimited reading time and Standard Read Aloud voice.
  • Complete: Perfect for advanced learners and researchers needing full, unrestricted access. Unlock 1.5M+ books across hundreds of subjects, including academic and specialized titles. The Complete Plan also includes advanced features like Premium Read Aloud and Research Assistant.
Both plans are available with monthly, semester, or annual billing cycles.
We are an online textbook subscription service, where you can get access to an entire online library for less than the price of a single book per month. With over 1.5 million books across 990+ topics, we’ve got you covered! Learn about our mission
Look out for the read-aloud symbol on your next book to see if you can listen to it. The read-aloud tool reads text aloud for you, highlighting the text as it is being read. You can pause it, speed it up and slow it down. Learn more about Read Aloud
Yes! You can use the Perlego app on both iOS and Android devices to read anytime, anywhere — even offline. Perfect for commutes or when you’re on the go.
Please note we cannot support devices running on iOS 13 and Android 7 or earlier. Learn more about using the app
Yes, you can access Minorities, Rights and the Law in Malaysia by Thaatchaayini Kananatu in PDF and/or ePUB format, as well as other popular books in Social Sciences & Regional Studies. We have over 1.5 million books available in our catalogue for you to explore.