Dr Loganathan Krishnan
Monash University Malaysia
There are approximately 178,197 aboriginal people in Malaysia out of a population of 32 million which makes them the smallest community. They live in the wilderness for generations with a unique blend of lifestyle with nature. Nevertheless, their lifestyle is viewed as laidback and outmoded, unsuitable to contemporary times. Moreover, there are gradual and constant pressures on them to adopt a modern lifestyle considering the socio-economic benefits that will ensue. This causes a major threat to their land and customary rights and makes them vulnerable despite their special status as enshrined in the Federal Constitution. This study examines the conflict between the land and customary rights of the aboriginal people and the laws and policies which govern them. The laws and policies will be examined to determine the extent of the conflicts with land and customary rights. Cases will also be examined to unearth the manner courts address the conflicts between the laws, policies and customary rights. The study will then draw appropriate reforms that should be made to the laws and policies to overcome the conflicts. If this can be achieved, the aboriginal people will no longer be vulnerable since their land and customary rights are well protected.
Pursued Bachelor of Laws (Hons) at University of London, Master of Laws and Doctor of Philosophy at University of Malaya, Postgraduate Certificate in Higher Education at Curtin University of Technology, Perth. Was in practice at Thampa Solicitors, London before moving to academia. Was at SEGi University, Curtin University of Technology, Malaysia and University of Tunku Abdul Rahman. Currently at Monash University Malaysia. Research is on minority rights and corporate law. Publication includes a book which is in its 3rd ed, Wolters Kluwer book chapters and articles in Asian LJ, Current LJ, Int Islamic Uni LJ, J of Gov and Dev, J M’sian & Comp L, J of Legal Studies, Quarterly LR, Rekayasa J of Ethics, Legal & Governance and The LR. Has supervised postgraduate students both at masters and doctorate level. Has received several research grants to conduct research on minority rights. Member of Asean Law Association and LAWASIA.