KUALA LUMPUR – The high court here has dismissed the government’s bid to stay the September 9 decision on granting Malaysian mothers equal rights to confer citizenship to their children born overseas.
Judge Datuk Akhtar Tahir also ordered a cost of RM5,000 be paid to all plaintiffs as Malaysian government’s bid was “unnecessary”.
However, the government still has a pending appeal filed on September 9 at the Court of Appeal on the original high court ruling.
In a statement, Family Frontiers – an organisation representing the affected mothers – said it is appalled that the government in its submission stated that there is no prejudice to the mothers in allowing the stay.
On this, the judge said the “hardships faced by the mothers are current hardships and they have waited long enough”.
He also said the plaintiffs would be prejudiced, taking into account the indefinite time of delay.
He added that if the government intends to amend the federal constitution in line with the high court’s decision, it should not be placing hurdles on the mothers to obtain the documentation.
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.
On September 9, Akhtar ruled 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.”
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.
Akhtar ruled that 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.
The government attempted to strike 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. – The Vibes, November 15, 2021
