Dato Sri Wan Junaidi Tuanku Jaafar — Bernama photo
KUCHING (Sept 10): The Kuala Lumpur High Court’s decision that children born overseas to Malaysian mothers are also eligible for citizenship is illuminating, said Parliament and Law Minister Dato Sri Wan Junaidi Tuanku Jaafar.
He opined the decision also introduced sense into the meaning of the non-discriminatory provision of Article 8(2) with the provision of the Second Schedule, Part II Section 1(b) under Article 14(1)(b) of the Federal Constitution, which is discriminatory against women, unless, of course the meaning of ‘father’ in that Section 1(b) is also read to mean ‘mother’.
He said if the Second Schedule, Part II Section 1(b) is to be read literally, the word ‘father’ is defined as the male parent only and then it is clearly inconsistent with the provision of Article 8(2) Federal Constitution for no discrimination against ‘gender’ in the law.
“I believe that each provision of the Article in the Federal Constitution cannot be read in isolation.
“It must be read together with other related provision or provisions governing the related subject matter,” he said in a statement today in response to the Kuala Lumpur High Court’s decision yesterday on the issue.
Wan Junaidi said equality before the law is a fundamental principle of law in any democratic country.
He pointed out that the Federal Constitution is the supreme law of the country and each provision ought to be interpreted harmoniously with the other, in order to introduce sense and order into the Constitution itself.
“Thus, judges must be brave enough to introduce that sense and harmony.
“Any discriminatory provision ought to be interpreted harmoniously with that fundamental principle and any inconsistency ought to be removed by harmonious interpretation,” he said.
The Kuala Lumpur High Court yesterday ruled that Article 8(2) on equality that prohibits discrimination based on gender would also mean that the word ‘father’ in the Federal Constitution under the Second Schedule, Part II, Section 1(b) should also include mothers and that their children are entitled to citizenship by operation of the law.
The decision was made by Justice Datuk Akhtar Tahir in the case brought by Malaysian mothers whose children were born overseas and unable to get citizenship here.
Akhtar said the case does not seek to change policy but rather to apply existing law in a way that will find a remedy for the grievance of the plaintiffs.
Non-governmental organisation Family Frontiers, along with six Malaysian mothers, filed the judicial challenge and named the Malaysian government as respondents, in a bid to have the court declare that children born overseas from Malaysian mothers and foreign fathers are entitled to receive Malaysian citizenship.
Article 8(2) of the Federal Constitution stipulates that there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth, or gender in any law or in the appointment to any office or employment under a public authority, while Article 14 concerns citizenship by operation of the law.