PUTRAJAYA has filed an appeal against the Kuala Lumpur High Court’s landmark ruling to automatically confer citizenship to children born overseas to Malaysian mothers with foreign spouses, lawyer Gurdial Singh Nijar said. 

The appeal to quash the judgment was filed at the Court of Appeal today. 

“Yes. A notice of appeal dated today was filed by Attorney-General’s Chambers on behalf of the three defendants,” Gurdial told The Malaysian Insight.

The legal challenge against the practice of only allowing Malaysian men to automatically confer citizenship on their children born abroad was filed by six Malaysian mothers as well as Association of Family Support and Welfare Selangor & KL (Family Frontiers) last December. 

Gurdial represented the group while the Attorney-General’s Chambers acted on behalf of the government, who was the defendant.

On September 9, Kuala Lumpur High Court judge Akhtar Tahir ruled that Malaysian mothers are allowed to confer their citizenship to their children born to foreign spouses overseas.

The judgment was based on constitutional provisions on citizenship rights, which are to be read together with provisions against gender discrimination. 

On this basis, Akhtar decided that the word “father” must be read to include mothers and that their children are entitled to citizenship by operation of law, the group which fights for equal citizenship rights for overseas-born children of Malaysian mothers. 

Akhtar also said in the online proceedings that courts are empowered to interpret the law to uphold the spirit of the Federal Constitution and to ensure justice. 

Meanwhile, civil society groups, comprising 116 organisations and 52 individuals, have urged the government not to appeal against the High Court’s ruling on the conferment of the automatic citizenship. – September 13, 2021.