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

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