Malaysia

[UPDATED] Court rules kids born overseas to M’sian mothers eligible for citizenship

Judge says ‘father’ in federal constitution must be read as reference to both parents

Updated 5 years ago · Published on 09 Sep 2021 11:42AM

[UPDATED] Court rules kids born overseas to M’sian mothers eligible for citizenship
Family Frontiers representatives, originating summons applicants and supporters outside the Kuala Lumpur High Court. – Family Frontiers pic, September 9, 2021

KUALA LUMPUR – The high court here today ruled that Malaysian mothers have the right to confer citizenship to their children born overseas, on equal basis with Malaysian men.

The court ruled that Article 14(1)(b) of the federal constitution together with the Second Schedule, Part II, Section 1(b), pertaining to citizenship rights, must be read in harmony with Article 8(2) of the federal constitution, which prohibits discrimination on the basis of gender.

High court judge Datuk Akhtar Tahir announced that the word “father” must be read to include mothers, and that their children are entitled to citizenship by operation of law.

“The grievances of the plaintiffs are real… The discrimination is apparent.”

Part II, Section 1(b) states “every person born outside the Federation whose father is at the time of birth a citizen and either was born in the Federation or is at the time of birth in the service of the Federation or of a State”, is by operation of the law a citizen of Malaysia.

The court said by making this decision, the judiciary is not seeking to change policy, but apply existing laws to find a remedy for the plaintiff while upholding the spirit of the constitution.

Lawyer Datuk Gurdial Singh Nijar views the decision as giving recognition to Parliament’s intention for introducing Article 8 into the constitution to ensure there is no discrimination against women.

Meanwhile, Family Frontiers president Suri Kempe said the judgement was not only welcomed by the mothers who were applicants in the case, but all Malaysian mothers who are similarly affected.

“We are so thankful for this outcome. This is a huge relief for affected mothers because this judgment applies not just to the mothers directly involved in the case as plaintiffs, but to all Malaysian mothers who are similarly affected.

“This judgement recognises Malaysian women’s equality, and marks one step forward to a more egalitarian and just Malaysia.”

Family Frontiers and six mothers filed an originating summons at the high court on December 18, naming the Malaysian government, home minister and National Registration Department as defendants.

The government attempted to strike out the case on January 22, but the high court rejected the application on May 6, prompting the government to bring it to the Court of Appeal.

Despite the appeal and the government’s application to stay proceedings, the high court ruled for the case to continue. – The Vibes, September 9, 2021

Related News

Opinion / 1w

When children learn to exclude, adults must ask why

Education / 2w

Fadhlina: Numerous factors considered before any decision made to close schools

Malaysia / 3w

Parents worry over children’s exposure as haze worsens

Malaysia / 3w

Rejected love, pent-up emotions can push teenagers towards violence, says criminologist

Malaysia / 3w

Family of school stabbing victim files civil suit against govt agencies, boy and parents

Malaysia / 2mth

Haze prompts parents to keep children home from school

Spotlight

Off beat

Paya Terubong landslide: MBPP submits draft report

By Ian McIntyre

Malaysia

Bersatu, Muda sign CSA with Madani govt to back Budget 2027

By Alfian Z.M. Tahir

Malaysia

Syndicate using AI-generated 'Datuk' woman to deceive public

Malaysia

MIPP withdraws from Melaka polls after failed negotiations with PN

Malaysia

Thirteen suspended Bersatu MPs may be excluded from MADANI government deal

Malaysia

Selangor Sultan urges scholars to speak truth, leaders to respect constructive criticism

Malaysia

691 teachers flagged for immediate psychological intervention, says Fadhlina

By Alfian Z.M. Tahir

You may be interested

Malaysia

Magnitude 5.9 earthquake strikes Banda Sea

Malaysia

Sultan Nazrin warns Perak palace dignitaries against exploiting royal titles

Malaysia

Petroleum subsidies projected to reach RM40 billion in 2026

Malaysia

MIPP withdraws from Melaka polls after failed negotiations with PN

Malaysia

Syndicate using AI-generated 'Datuk' woman to deceive public

Malaysia

PKR links rural road project delays to procurement concerns, not cancellation

Malaysia

Funding for SG4 states 6.8 times higher than requested - Minister

Malaysia

Govt weighs movement controls for Rohingya refugees, says Zahid