The Court of Appeal’s (COA) decision on Wednesday that there is no special reason for the government to delay the granting of citizenship to children born overseas to Malaysian mothers strikes a sweet note for natural justice.
Parents of affected children who had been denied Malaysian citizenship until the landmark High Court decision in September granted that right can finally breathe more easily.
The unanimous decision by Justices Datuk Seri Kamaludin Md Said, Datuk ES Nantha Balan and Datuk See Mee Chun today underlines the court’s duty to ensure that the law is interpreted in a humane manner.
As Justice Kamaludin, who led the bench, commented when hearing submissions, the subject of the matter are humans whose their liberties are at stake, and not properties like dollars and cents.
Lead counsel Datuk Dr Gurdial Singh Nijar touched the heart of the issue when he pointed out that the children concerned, who were considered stateless, were in a bind since their Malaysian mothers may be allowed to enter the country but could not bring along their children because of citizenship issues.
Expanding on the matter, another counsel Joshua Andran hoped that these children could soon be able to travel and be reunited with family members, enrol in public schools, access healthcare and other public facilities, not as foreigners, but as Malaysian citizens — something which they have been deprived of for years.
However, the right bestowed by the High Court decision is not yet secure. The hearing of the government's appeal against the High Court ruling is scheduled for March 22 next year at the COA.
When the matter is finally laid to rest, we hope that Malaysian mothers and fathers will enjoy the equal protection of their rights no matter where their children may be born.