Despite the fact that women are the ones giving birth to children, they were not allowed to apply for citizenships for their offspring born overseas while Malaysian men were.
But today, the court ruled that Malaysian women are now allowed the privilege that they should have been entitled to all this while.
Under 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.
Today, it has been decided that the word “father” must be read to include mothers and that Malaysian mothers are now entitled to apply for citizenship for their children.
“The grievances of the plaintiffs are real… The discrimination is apparent,” high court judge, Datuk Akhtar Tahir announced.
The judiciary is not looking to change policy but apply existing laws to find a remedy while upholding the constitution.
This issue has caused significant turmoil within Malaysian mothers so the judgement is very much welcomed.
“It has disrupted family structures where a child is denied citizenship. The judge said that Malaysian mothers had proved they fulfilled the criteria of loyalty, allegiance and attachment to this country,” said Datuk Dr Gurdial Singh Nijar.
Family Frontiers president Suri Kempe said, “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.
The issue was first brought up at the high court on December 18 2020 and it is a momentous step forward towards highlighting the discrimination against women that has been happening for decades.
“Malaysian women have been waiting for years, and the day has finally arrived. Justice has been served,” said Adlyn Adam Teoh, a Malaysian mother and one of the plaintiffs in the case.
Despite the incredible success of a well-needed revise in the law, this outcome has exposed the fragility of several Malaysian men who felt the need to comment on an issue that they have been benefitting from for years.
Take a look at their audacity…
To these men, I prescribe a cold shower and a one way ticket to the moon. They don’t have to worry about women’s rights over there!