The government must legislate laws to recognise and protect Hindu temples in the country, said the Hindu Action Rights Force (Hindraf).

For a start, the government must enact a Freedom of Religion Act to define the rights of temples and safeguard religious minorities, said Hindraf chairperson and practising lawyer P Waythamoorthy.

He argued that at present, the rights of temples to exist rest solely on Article 11 of the Federal Constitution which guarantees freedom of religion.

"Local authorities being a creature of the act of Parliament, therefore cannot supercede the Federal Constitution - the supreme law of the land,

"It is therefore mandatory that the local authorities seek a court declaration before demolishing a temple otherwise they would be disregarding the Federal Constitution," he said.

Waythamoorthy argued that this procedure had been intentionally ignored by the local authorities, and thus worshippers from affected temples were unable to challenge demolition orders.

"There is a total disregard for the Federal Constitution and reluctance of the Attorney-General's chambers to charge them (local authorities) under Section 295 of the Penal Code (defiling places of worship), has made them bolder," said Waythamoorthy in a phone interview yesterday.

Since February, several local authorities particularly in Kuala Lumpur and Shah Alam, Selangor, have stepped up efforts to demolish Hindu temples.

Reasons for the demolitions vary from illegal extensions, squatting illegally and to make way for development projects.

Piecemeal solution

Waythamoorthy was also not convinced with Tuesday's announcement that Kuala Lumpur City Hall (DBKL) would only relocate and demolish temples after consulting a MIC-backed committee.

He described this as a piecemeal solution.

"The MIC have adopted a very regressive approach by merely talking to DBKL. It is wrong to say that the matter (demolishment of temples) is concentrated in Kuala Lumpur," he added.

He said a more wholesome approach would be for MIC president and Works Minister S Samy Vellu to discuss the matter in cabinet because this was a national issue.

Apart from setting up a special task force to look into the matter, he also urged the cabinet to push for the legislation of the Freedom of Religion Act.

In a related development, Parti Keadilan Rakyat (PKR) dismissed the allegation that opposition parties and NGOs were trying to capitalise on the temple demolition issue.

According to PKR deputy Youth chief S Manickavasagam, devotees and temple caretakers had approached them for help.

"They turn to us because they have no one else to turn to," he said.

Meanwhile, PKR Segambut division chief S Maniselvam asked why was MIC acting on the issue now.

"Samy Vellu has been president of MIC for 27 years. Why only now (does he take action)? This matter has been going on for a long time," he said.

Earlier, the duo and several others submitted a memorandum to the King urging him to stop the demolition of temples in the country.