Thursday, February 18, 2010

MALAYSIANS 30 YEARS LATER

Friday November 13, 2009-THE STAR

Malaysians 30 years later

By M. MAGESWARI


KUALA LUMPUR: After more than 30 years of being “stateless”, two siblings finally succeeded in getting their Malaysian citizenship.

High Court (Appellate and Special Powers) judge Justice Lau Bee Lan declared that R. Thirupathi, 34, and his sister Meena, 31, are lawful citizens of Malaysia under Section 14(1)(b) of the Federal Constitution.

Justice Lau ordered that the two file formal applications at the Malaysian Embassy in India within three months for their Malaysian citizenship and MyKad.

Their father, Malaysian M. Ramanoojum, 79, had married an Indian wife N. Pushpam who later took up Malaysian citizenship.

However, she failed to register the birth of both of her children with the Malaysian Embassy. Both were born in India.

In the originating summons by Ramanoojum in September 2007, the children named the Home Minister, the director-general of the National Registration Department and the Government of Malaysia as defendants.

The three claimed they had failed to get any reply from the minister over the application for citizenship for the siblings.

In an affidavit to support the application, unemployed Ramanoojum said he had married Pushpam in India on Sept 13, 1960 and registered his marriage on Oct 14, 1970. He said his wife died on March 28, 2005.

Speaking to the reporters, Ramanoojum of Penang, who was accompanied by lawyer M. Manoharan, said he was very happy with the verdict which was delivered in chambers yesterday.

“I have been waiting for this day for years. I have struggled to get citizenship for my children since 1978,” he said.

Ramanoojum said he first broke the news to his daughter in India.

“I told Meena that we have won our case and she was very happy and eager to come here,” he said.

He said Meena, who is married to an Indian national, had a five-year-daughter and had never been to Malaysia.

Manoharan submitted that the siblings were citizens by right and thus should not be denied their citizenship due to a minor oversight of failing to register their birth with the Malaysian Embassy in India within one year of their birth.

“They are stateless. They cannot apply for Malaysian or Indian passports,” he argued.

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