THE Federal Court, in a four-to-three majority decision that rejected the citizenship application of a 11-year-old boy because he was born out of wedlock, reflects a narrow interpretation of a larger-than-life problem.
The child is being punished for the oversight of the parents who registered their marriage five months after the birth of the child. Other children born after the marriage registration will be given Malaysian citizenship.
However, this child born from the same parent is not a citizen. The decision failed to capture all variants and deviants in real life situations. The circumstances and consequences around the case must also be considered.
There are thousands of such cases in Malaysia that are causing sleepless nights for affected parents. Unfortunately, they cannot go back to change the past.
They have to live with the agony of past commissions and omissions, but the real victim is the illegitimate child whose future looks bleak. Some parents go through traditional weddings but do not legally register with the National Registration Department (NRD).
There is a case of a father from Johor and Singaporean mother in which the wedding took place in Singapore and the marriage was registered there. The first child was born in Malaysia and was considered illegitimate. Later, their marriage was registered in Malaysia, but the child remains stateless!
There is also another case in Pontian, Johor where the person was born in Singapore when it was part of Malaysia. This person remains stateless until today. The registration department does not consider him a Malaysian citizen.
Applications through many political leaders, including the present prime minister, could not change the status. The officials in the NRD interpret the law narrowly and according to the letter and not spirit of the law.
This fails to receive a wider and enhanced meaning to resolve the quandary the person is in. It is rather sad that even learned judges interpret the law literally and cause lifelong misery to the person!
It is long overdue that Parliament amend the archaic Section 17 and other related acts of the federal constitution touching on the status of children born to parents who register their marriage after childbirth, which the majority judgment in the recent Federal Court decision heavily relied upon.
There are other newer techniques like DNA tests and confirmation from local community leaders who can verify the legitimacy of parenthood.
Thousands of Malaysians have been suffering far too long. It is hoped that Parliament can put an end to these sufferings and bring relief to these children and parents.
And from an economic point of view, Malaysia needs workers, and there are millions of documented and undocumented foreign workers in Malaysia. Ironically, children born to Malaysian fathers and residing in Malaysia are not considered Malaysian or allowed to work in Malaysia.
The nation needs a quick resolution to this long grieving and painful problem that can be resolved with the stroke of a pen. – The Vibes, June 4, 2021
S. Ramakrishnan is the assemblyman for Bekok and a former executive councillor
