Malaysia

Court allows aggrieved mums to move constitutional challenge forward

7 plaintiffs seeking to declare provision on citizenship for overseas-born children discriminatory

Updated 5 years ago · Published on 06 May 2021 11:14AM

Court allows aggrieved mums to move constitutional challenge forward
Some of the plaintiffs and their lawyers at the courts last month. They are bringing a constitutional challenge on Article 14, which they believe contradicts Article 8, prohibiting discrimination on the basis of gender. – Pic courtesy of Family Frontiers, May 6, 2021

by Arjun Mohanakrishnan

KUALA LUMPUR – Putrajaya has lost its bid to strike out an application to challenge provisions in the federal constitution linked to citizenship.

The application by seven plaintiffs, which includes Family Frontiers president Suriani Kempe, challenges Articles 14(1)(b) and 1(c) of the federal constitution, saying it contradicts Article 8, which prohibits discrimination on the basis of gender.

Articles 14(1)(b) and 1(c) state that Malaysian women are not allowed to confer citizenship on their overseas-born children by operation of law.

High court judge Datuk Akhtar Tahir agreed that the provision is discriminatory, and there is no apparent justification in allowing the discrimination.

Thus, the application by the plaintiffs could not have been “frivolous”, as argued by the government.

Akhtar then directed the defendant's lawyer, Mazlifah Ayob, to file an affidavit containing their justification for discrimination. Representing the plaintiffs today was lead counsel Datuk Gurdial Singh Nijar.

Kulai MP Teo Nie Ching outside the courts, where she says the government cannot punish children just because of the MCO. – ARJUN MOHANAKRISHNAN/The Vibes pic, May 6, 2021
Kulai MP Teo Nie Ching outside the courts, where she says the government cannot punish children just because of the MCO. – ARJUN MOHANAKRISHNAN/The Vibes pic, May 6, 2021

In a press conference outside the court, Suriani said the decision is a win for Malaysian mothers, and her organisation is happy that the court allowed the merits of the case to be heard.

Also present was Kulai MP Teo Nie Ching and Segambut MP Hannah Yeoh, who took the opportunity to raise issues faced by families with foreign mothers.

“In these cases, the parents, usually a Malaysian father and foreign mother, would be unmarried. The father could work in Singapore, and because of the MCO, he can't be present to register the child in school.

“The government cannot punish these children like this just because of the MCO, and they must handle this matter humanely,” said Teo. – The Vibes, May 6, 2021

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