KUALA LUMPUR: In a landmark decision, the High Court declared that children born overseas to Malaysian mothers married to foreigners are entitled by operation of law to be Malaysian citizen.

       Counsel Datuk Dr Gurdial Singh Nijar said Justice Akhtar Tahir ruled that Part II of the Second Schedule of the Federal Constitution must also mean and include mothers.

       “The judge came to this verdict after a harmonious reading of several Articles in the Constitution.

       “The judge also made an order that the authorities must issue relevant documents, like identity cards, to these children in recognition of this effect,” he said, adding the judge did not make any order as to costs as the case involved public interest.

       The court made the ruling via online proceedings after allowing a legal suit filed by the Association of Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers) and six Malaysian women married to foreigners for their overseas-born children to have the right to become Malaysian citizens.

       In an originating summons filed on Dec 18 last year, they are seeking six specific court orders, including a declaration that Section 1(b) and Section 1(c) of the Second Schedule, Part II of the Federal Constitution be read harmoniously with Article 8 (2) to include Malaysian mothers as a condition for children born abroad to be given automatic Malaysian citizenship.

       Among other things, they are also seeking a court order for all relevant government agencies, including the National Registration Department (NRD), Immigration Department and Malaysian embassies, to issue all documents relating to citizenship (including passports and identity cards) to children born abroad to Malaysian mothers with foreign spouses.

       They named the Malaysian government, the Home Minister and the NRD director-general as defendants. Senior federal counsel Liew Horng Bin represented all the defendants.

       Gurdial said the decision by the court fulfilled the Parliament’s intention in amending Article 8 of the Constitution in 2001 to guarantee that there would be no discrimination against women and preserve the family structure so that children born overseas to Malaysian mothers were citizens by operation of law.

       “It’s a momentous decision that restores the right of mothers in line with Parliament’s amendment in 2001 to outlaw discrimination against women. And it gives them and their overseas-born children equal rights as fathers in a similar situation,” he added.

       Wanita MCA chief Datuk Heng Seai Kie said they welcomed the court’s ruling, noting that the judgement is fitting and upholds gender equality as envisaged by amendments made to Article 8(2) of the Federal Constitution that outlaws gender discrimination.

       She called on the NRD, Immigration Department and all Malaysian Embassies and High Commissions abroad to heed the ruling and confer citizenship to the child when a Malaysian mother registers them abroad.