PUTRAJAYA should respect the right of both Malaysian parents to confer citizenships to their offspring by amending Second Schedule [Part II, Section 1(b)] of the Federal Constitution, said MIC.
“In line with the Malaysia Family concept, the Government should amend the Federal Constitution and change the word ‘father’ to ‘parents’, as per the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which Malaysia ratified.
“The proposed amendment is also in line with Article 8 (2) of the Federal Constitution which bars discrimination based on gender,” National Women’s Wing chief SJ Usha Nadhini told FocusM.
On Sept 9, the High Court ruled that children born overseas to Malaysian mothers with foreign spouses should be automatically conferred Malaysian citizenship.
The Court ruled that Article 4(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), which prohibits discrimination on the basis of gender.
Judge Datuk Akhtar Tahir ruled the word “father” must therefore be read to include mothers, and that their children are entitled to citizenship by operation of law.
Despite the ruling receiving overwhelming bipartisan support, the Home Ministry and Attorney-General’s Chambers (AGC) filed an appeal against the decision.
Their action drew brickbats from many, including Johor Ruler, Sultan Ibrahim Sultan Iskandar, who decreed for the appeal to be dropped.
“Why discriminate against Malaysian mothers with overseas-born children? This is a basic right of every child, irrespective of whether the Malaysian parent is the father or mother.
“It doesn’t feel right that Malaysian fathers and mothers are viewed differently in the eyes of the law concerning their child’s citizenship.
“Are Malaysian mothers less Malaysian than Malaysian fathers?” His Majesty was reported asking.
Touching on the latest development, Usha said it was regrettable that Putrajaya had decided to pursue the matter despite protests.
The former Dewan Negara Senator added that MIC president Tan Sri SA Vigneswaran had also called for the appeal to be dropped to ensure such injustice and discrimination against Malaysian women does not happen again.
“My team would like to stress that under Article 8 of the Federal Constitution, everyone is guaranteed equality before the law and stress the need for citizenship by operation of law,” Usha stressed. – Sept 21, 2021.
