Waytha Moorthy Ponnusamy, sometimes spelled Waythamoorthy (; born 16 July 1966), is a Malaysian politician and lawyer who served as the Minister in the Prime Minister's Department in charge of National Unity and Social Wellbeing in the Pakatan Harapan (PH) administration under Prime Minister Mahathir Mohamad from July 2018 to the collapse of the PH administration in February 2020, Deputy Minister in the Prime Minister's Department from May 2013 to his resignation in February 2014 and Senator from June 2013 to his resignation in February 2014 and again from his appointment to the Cabinet in July 2018 to July 2021. He has served as the 1st and founding President of the Malaysian Advancement Party (MAP) since July 2019. He is also known as a former key leader of the Hindu Rights Action Force (HINDRAF).
Early life and education Waytha Moorthy Ponnusamy was born on 16 July 1966 to Ponnusamy Arunasalam who was a first-generation immigrant. Waytha Moorthy mentioned in his statement of claim that his parents sold their home to finance his studies in the United Kingdom. Waytha Moorthy Ponnusamy also stated that he was denied entry into a local university despite having all the requirements purely because he was an Indian origin.
Legal career and activism He is a Barrister from Lincoln's Inn and began his career as a lawyer in Malaysia in 1997. Waytha's work involved public interest litigation relating to arbitrary arrests, unlawful deaths in police custody, extrajudicial killings; police abuse of detainees; denial of the grant of citizenship status to ethnic Indians born in Malaysia, forced conversion of ethnic Indians to Islam, unlawful demolition of Hindu Temples or places of worship; and denial of government compensation to ethnic Indian Estate/Plantation workers. Much of Waytha's work was done pro bono due to a lack of public funds allocated to those areas of the law. He is well known among Malaysian Indians as one of the founders of HINDRAF and his domestic and international campaign to fight discrimination against Hinduism in Malaysia.
Hindu temple demolitions in Malaysia Waytha Moorthy has led a campaign against demolitions and relocations of Hindu temples in Malaysia by private companies and the government. Examples of Hindu Temple demolitions and relocations in Malaysia include the Sri Kumaravel Hindu temple in Kampung Medan which had been relocated next to a sewerage tank in 2006, the Muniswarar Hindu temple in Midlands estate was demolished using the hammer in 2006, the Muniswarar temple in Seremban with a 100-year-old rain tree which was given notice for demolition in 2006, and the Sri Siva Balamuniswarar Hindu temple in Setapak of which Waytha was a devotee was demolished using bulldozers in 2006.
Lawsuit against Britain He sued and accused the British Government of "abandoning minority Indians to the mercy of majoritarian authoritarian government while granting independence on 31 August 1957". Waytha Moorthy Ponnusamy sued the British Government to pay £1,000,000 to each Malaysian Indian for the "pain, suffering, humiliation, discrimination and continuous colonization". This extraordinary lawsuit had the backing and support from HINDRAF.
Just as Malaysia was celebrating its 50th Independence on 31 August 2007, Waytha Moorthy led a team of lawyers to file a 4 trillion pound lawsuit against the British Government. "After a century of slaving for the British, the colonial government withdrew after granting independence and they left us unprotected and at the mercy of a majority authoritarian government that has violated our rights as minority Indians," said Waytha after filing the suit. Inter Press Service news report.
Arrested On 30 October 2007, Waytha Moorthy and other members of HINDRAF — M. Manoharan, P. Uthayakumar and V. Ganabatirau, were arrested at 11:00 p.m. and detained until 8:00 a.m. the following morning for taking part in a demonstration against the demolition of a Hindu Shrine in Kuala Lumpur. Because of this "unlawful arrest" which is quickly refuted by Chief of Malaysian Police at that time, lawyers are seeking 85 million Malaysian Ringgits in compensation, with Manoharan, Uthayakumar and Ganapathy Rao seeking 20 million while Waytha Moorthy is seeking 25 million."RM85 Million Suit by 4 Lawyers For wrongful arrest & detention".
He was arrested again on 23 November together with P. Uthayakumar and V. Ganabatirau, this time on sedition charges. All three were granted bail, but Waytha refused bail as a sign of protest."Lawyers charged with sedition", The Star, 24 November 2007. But on 26 November, the court discharged Waytha Moorthy, Uthayakumar and Ganapathy Rao"Court frees Malaysian activists", Al Jazeera, 27 November 2007. because "the prosecution had failed to adhere to Zunaidah's (the judge) instructions on Friday to attach the Tamil transcripts of the speeches to the charge sheet".http://www.thestar.com.my/news/story.asp?file=/2007/11/27/nation/19583267&sec=nation&focus=1 The Star, 27 November 2007.
The movement grew in numbers and on 25 November 2007, approximately 100,000 ethnic Indians joined HINDRAF in the peaceful 2007 HINDRAF rally based on Mahatma Gandhi's non-violent protest to highlight the plight of the marginalized Indian community in Malaysia. The government used tear gas and chemical-laced water at the protestors. Despite their peaceful manner, many participants were arrested by the authorities. Five Hindraf leaders were arrested and detained under Internal Security Act (ISA).
International Campaign Waytha Moorthy left Malaysia on 26 November 2007 to obtain international support for HINDRAF's cause. He began with India and planned to proceed to London, Geneva, Brussels, Washington DC, New York and Atlanta. BERNAMA, the Malaysian national news agency on 3 January 2008 reported that Waytha Moorthy said that the HINDRAF cause has been lost. This report was quickly denounced as false by Moorthy and the report was met with public backlash. BERNAMA, Pure Barisan Nasional Propaganda
Waytha Moorthy in his international awareness campaign to highlight the predicament of the marginalised Indian community worked with the UNHCR, the UK government, the US State Department, the US International Commission on Religious Freedom, Amnesty International, the Human Rights Watch, Beckett Foundation, the International Bar Association, the Law Society, the UK Bar Council, the World Organisation against Torture (OMCT), the Human Rights Defenders (Dublin), the FIDH and the International Red Cross as well as many foreign governments.
To avoid Waytha Moorthy's campaign that can reflect the discrimination towards the Indian community that are contrary to the Federal Constitution, the Malaysian government revoked his International Passport in May 2008. Waytha was forced to seek protection from the UK government, which duly granted him asylum status under the 1951 Refugee Convention.
On 1 August 2012, despite fears that he would face arrest and detention on return to Malaysia, he voluntarily returned to Malaysia. Immediately after his return, he invited the government to engage in talks on issues relating to human rights issues. On March 10, 2013, Waytha Moorthy began a hunger strike to raise human rights issues. 21 days into his strike, then Prime Minister of Malaysia Najib Razak invited him for discussions, which led to the signing of a Memorandum of Understanding (MOU) between HINDRAF and the government in uplifting the socio-economic standing of the Indian community in Malaysia.
Political career Support and collaboration with BN On 18 April 2013, after the ban of HINDRAF was surprisingly lifted and registration suddenly approved, Waytha Moorthy and the then ruling government Barisan Nasional (BN) had signed the Memorandum of Understanding (MoU). At the MoU signing ceremony, Waytha Moorthy had also urged Indian voters to vote for BN in 2013 General Election (GE13), saying only the ruling coalition can take care of the community's welfare.
Joining the government of BN as Deputy Minister Wathya Moorthy was appointed Senator and deputy minister in the Prime Minister's Department after BN formed the government following a simple majority seat victory in the GE13. Amidst the Indian has voted for the Pakatan Rakyat (PR) in GE13 was 50.56%, Waythamoorthy said that he and HINDRAF would be able to solve the issue of stateless Indians in the country within five years.
He was the first Hindu-activism NGO leader in the nation to be appointed into the government's administration as a Deputy Minister.
Breach of trust However, on 8 February 2014, after being duped into the BN government for eight months, Waytha Moorthy announced his resignation from all government positions and senatorship, for the failure and breach of trust of the government to start reform policies and programs to uplift the Malaysian Indian community.
Support and collaboration with PH Return to join government of PH as a Minister In August 2017, HINDRAF under the leadership of Waytha Moorthy met with Chairman of Malaysian United Indigenous Party (BERSATU), Tun Dr. Mahathir Mohamad and initiated a working relationship with Pakatan Harapan (PH) coalition for the 2018 General Election (GE14). Mahathir in recognizing the importance of HINDRAF in its ability and to reach out to grassroots Indians in the semi-rural and rural areas officially accepted HINDRAF as an associate or strategic partner of PH.
HINDRAF had managed to swing over 88% of the Malaysian Indian votes to the PH that led to the historical defeat of BN in the GE14. In recognition of the HINDRAF contribution to PH success, Waytha Moorthy was sworn in as a Senator on 17 July 2018 and appointed as the Minister in the Prime Minister's Department in charge of National Unity and Social Wellbeing under the new PH government administration under Mahathir's premiership. Waytha Moorthy's government appointment is unique because he is the first HINDRAF leader to have achieved a full Minister status in the government cabinet. His ministerial position also made him responsible for the agency in charge of funding and allocation meant for helping the Indian community; the Malaysian Indian Transformation Unit (MITRA) which was rebranded by the new PH government from the predecessor Socio-Economic Development Unit for the Indian Community (SEDIC), a controversial and mismanaged unit involving Malaysian Indian Congress (MIC) ministers under the previous BN administration.
Issues during ministership ICERD in Malaysia On 28 September 2018, after a 15-year absence from the United Nations, Malaysian Prime Minister Mahathir Mohamad made his return and repeated his call for a reform of the world body. Mahathir Mohamad in his speech in the 73rd Session of the General Assembly stated that the new Malaysia will firmly espouse the principles promoted by the UN in its international engagements. These include the principles of truth, human rights, the rule of law, justice, fairness, responsibility, and accountability, as well as sustainability. It is within this context that the new government of Malaysia has pledged to ratify all remaining core UN instruments related to the protection of human rights. It will not be easy for them because Malaysia is multi-ethnic, multireligious, multicultural and multilingual. They will accord space and time for all to deliberate and decide freely based on democracy.
In line with the new aspiration, as Minister in Charge of Unity Waytha Moorthy whose portfolio included National Unity Consultative Council had carried out a public stakeholder to views and gather input from the public that would be taken into consideration and used as guidance in formulating a National Unity Action Plan to outline strategies, policies and programs including appropriate Acts to strengthen and improve social unity, cohesion and reconciliation amongst all Malaysians.