The manner in which the country or the total electorate has been divided into electoral constituencies over the years, has cruelly and crucially affected the Indian electoral strength.
Electoral constituencies in Malaysia are determined in two steps. First, the apportionment of parliamentary constituencies among the various states; and second, the delineation of both parliamentary and state constituencies in each state.
The ruling party controls the apportionment among states through amendments to Article 46 of the Federal Constitution. The Election Commission then delineates the apportioned constituencies. As there is a lack of specification of the rules governing the EC on this particular function, the numerous delineation exercises that have been conducted in Malaysia since Merdeka have been carved in particular to favour the ruling Umno government.
In this discriminatory process, the third largest race in the country consisting of more than two million people have ended up been denied and do not have a single constituency of being the majority.
This has been the single biggest contributory factor that has led the Indians in this country to having the lowest demographic index among all races in Malaysia. Even though there are several Indian elected representatives in Parliament as well as in state assemblies, the very fact that they are elected from constituencies where Indians are only a minority, they are in truth toothless to highlight or champion gross marginalisation and discrimination policies of the Indians by the government of the day as they are dependent on the majority communities mainly the Malays and Chinese in their respective constituencies.
Constituency delineation has two aspects that can affect electoral outcomes: the distribution of the total electorate among constituencies (apportionment) and the determination of constituency boundaries (districting). Both have been exploited for partisan political advantage by the Umno government and are common and effective forms of electoral abuses that have been implemented to shortchange the Indian population in Malaysia to become “voiceless” in the ballot.
The government, through the EC, has delineated constituencies with unequal electorates (ie mal-apportionment) to favour themselves with more Malay majority supporters in the smaller constituencies. The constituency boundaries have also been drawn to favour Umno and disadvantage the Indian community, a practice commonly known as gerrymandering.
Worsens racial polarization
The manner in which the country or the total electorate has been divided into electoral constituencies over the years, has cruelly and crucially affected the Indian electoral strength outcome under plurality election.
The bias application of rural weightage, which since 1973 has been constitutionally left to the discretion of the EC has also gravely contributed in rendering the Indian vote powerless. This has aggravated the Indian political dilemma, heightened perceptions of political inequalities particularly for the Indians and worsened racial polarization among Malaysians.
It is indeed shocking and very “backward” to note that while Indians reside in large numbers in many areas like Sungai Petani, Padang Serai, Batu Kawan, Nibong Tebal, Ipoh Barat, Bagan Datoh, Teluk Intan, Tanjung Malim, Sungai Siput, Klang, Kota Raja, Kuala Selangor, Hulu Selangor, Kuala Langat, Kapar, Sepang, Kelana Jaya, Teluk Kemang, Rasah, Cameron Highlands and Lembah Pantai, the EC has not seen it fit to carve out even a single Indian majority constituency but is able to bend over backwards and create Malay majority constituencies like in Putrajaya.
Perlis for example has 15 state assembly seats having less than 9,600 voters consisting mainly Malay Muslims. Putrajaya has only a miserable 5,096 voters but consisting of 95% Malay Muslim majority.
The Indians voters number more than 715,000 but have zero number of Indian majority constituencies. Sabah voters number 802,000 but have 25 parliamentary and 60 state seats. Sarawak voters number 886,000 but have 31 parliamentary and 71 state seats.
The Orang Ulu’s that form just 0.005% of the Malaysian population have four majority state seats crafted and created specially for them. They even have a parliamentary seat (Baram) having 42.8% Orang Ulu’s with a smaller voter composition of 24,398 in total.
The Indians for that matter in comparison consists of 8% of the Malaysian population but have zero Indian majority constituencies. Very “backward” indeed!
Others give voice to minorities
All over the world, democracy is preserved and enhanced by giving a “voice” to the minorities through the ballot by providing constitutional legislative reserve seats so that their legitimate interests will be protected and not drowned by the majority, except in Malaysia.
In Singapore the Group Representative Constituencies (GRC) provides for mandatory Malay and Indian candidates to be listed to total about one third of the total Singapore parliamentary constituencies with the view that minority interests will be protected.
In the Republic of India, the minority Anglo Indians have been granted two reserved Lower House of parliament (Lok Sabha) seats.
In Lebanon, Belgium, Cyprus and even in Zimbabwe, communal rolls and special electoral requirements to accommodate the representation of cultural groups based on religion or language are in existence to protect minority interests.
Nowhere in the whole world are there any civilized democracy practicising nation where the third largest race consisting of 8% of the population but do not even have a single constituency having a majority of its race.
Selangor has the highest concentration of Indians in the country. More than one third of the Indian population in Malaysia resides in the state. However since 1974, through two successive delineation exercises in 1984 and 1994, the difference between the actual parliamentary seats allocated versus the number of parliamentary seats that Selangor should have been allocated has been reduced systematically from -3 to -4, the worst in the entire Peninsular Malaysia!
Based on all these factors and looking at the current state of more than 70% of the Indians in this country marginalised and living in poverty having the lowest demographic index amongst all the races in Malaysia due to no proper representation without fear or favour at the highest level, the Human Rights Party proposed to the Parliamentary Select Committee (PSC) on electoral reform that thee be at least 53 constituencies where Indians make up a significant majority of voters.
It is because the voter make-up in present state and parliamentary constituencies make the Indian voters the minority and as such their rights are not championed in the assembly houses.
I am not proposing Indian representatives to be elected but merely Indian majority seats be created so that all the woes of the Malaysian Indians will be highlighted at the justified gravity levels of their grievances.
I would even go so far as to propose for a Malay-Muslim representative be elected in such a Indian majority created constituency to give it a truly “multi racial” image in the very same manner as how some falsely claim, Indian representatives being elected in Malay-Muslim majority constituencies as being “multi racial”.
P Uthayakumar is the pro-tem secretary-general of the Human Rights Party.
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