AMENDMENT TO FEDERAL CONSTITUTION REGARDING CITIZENSHIP OF CHILD BORN OVERSEAS TO MALAYSIAN MOTHERS

Cabinet agrees to constitutional change on citizenship

The amendment is expected to be tabled in the current Dewan Rakyat sitting after fulfilling legal requirements

FMT Reporters - 18 Feb 2023, 9:27am

PETALING JAYA: The Cabinet has agreed to amend the Federal Constitution to enable automatic Malaysian citizenship to children born overseas to Malaysian mothers.

The amendment is expected to be tabled in the current Dewan Rakyat sitting after fulfilling legal requirements.

This was revealed in a joint statement by home minister Saifuddin Nasution Ismail and law and institutional reform minister Azalina Othman Said.. 

As it stands, children born overseas to Malaysian women are not entitled to automatic citizenship as the Federal Constitution only provides for citizenship through fathers.

“The effect of the decision is that children born overseas before or after Malaysia Day (Sept 16, 1963) where at least one of their parents are Malaysians have the right to be citizens by operation of law according to Article 14(1) of the Federal Constitution,” they said.

Last month, Azalina said that a Cabinet memo proposing an amendment to the Federal Constitution to allow mothers to pass on their citizenship to their overseas-born children would be submitted soon.

In their statement, Saifuddin and Azalina said the proposed amendment to the Federal Constitution is to replace the word “whose father” in Part I and Part II of the Second Schedule with the words “at least one of the parents”.

“… (this will) enable Malaysian mothers to receive their just rights according to the Federal Constitution,” they said.

They said other amendments to citizenship laws will undergo a more detailed study by a committee established by the home ministry.

Other proposed amendments will be presented to the Cabinet after taking into account engagement with relevant stakeholders, the ministers said.

“This is in line with the unity government’s commitment to recognising equality for women and men, and to remove discrimination against women in Malaysia,” they said.

They added that the amendments are aimed at overcoming weaknesses in citizenship provisions and solving the high backlog of cases involving Malaysian women who have to apply for their children’s citizenship through lengthy registration processes.

They also hoped the amendments will provide a clear definition of the law and avoid providing differing definitions in the courts.

Last August, an appellate court ruled that children born overseas to Malaysian women were not entitled to automatic citizenship as the Federal Constitution only provided for citizenship through fathers.

In a 2-1 judgment in favour of the government, the appellate court ruled that children born overseas to Malaysian mothers can be denied citizenship as the word “father” in Article 14(1)(b) of the Federal Constitution and its related provisions in the Second Schedule is “clear and unambiguous” and cannot be construed to include mothers.

The ruling overturned a September 2021 decision by the Kuala Lumpur High Court that the government must grant citizenship to children born abroad to Malaysian mothers as the word “father” in the Second Schedule of the constitution must mean and include mothers.

In allowing several declaratory reliefs sought by an NGO and six mothers that certain provisions on citizenship in the constitution were discriminatory, judge Akhtar Tahir held that mothers were entitled to confer citizenship by operation of law in all processes, just like fathers.

SLEEP DEPRIVATION IN HUMAN

Sleep deprivation: 6 side effects of getting less than 6 hours of sleep

By Parmita Uniyal @ Hindu Times 

Do you get less than 6 hours of sleep every day? 

You may be at risk of several neurological issues and chronic diseases.

A good night's sleep is one of the healthiest habit you can inculcate for a disease-free and happy life. Sleeping for 7-8 hours every night can keep many health problems at bay, particularly chronic diseases like cancer, diabetes, chronic kidney disease, liver disease, depression, dementia, Parkinson's disease, and arthritis. Not only it helps you focus better during the day, make lesser mistakes and improve your moods, but it can also strengthen your immunity. Many people have sleep disorders like insomnia due to which they are not able to get optimum sleep but most of the sleep issues are due to improper sleep hygiene. Not sleeping at the same time every day, having a heavy dinner, staying glued to the screen for long hours and leading a sedentary lifestyle can all contribute to diminished sleep quality. 

"They say if you get up before 12 pm and you can again go back to sleep this means you are sleep deprived or if you get up in the morning and cannot function without having your dose of coffee or tea, it means you require more sleep," says Dr. Shirish M Hastak, Regional Director, Neurology, Stroke & Neurocritical Care, Global Hospital, Parel, Mumbai in a telephonic conversation with HT Digital.

Can you survive without your morning cuppa?

Dr Hastak notes that considering so many people need multiple cups of tea and coffee before 12 pm in order to get ahead with their day, it is very much possible that many of us are chronically sleep deprived. "If you can go without your cup of tea till 12 pm probably you are not sleep deprived," says the neurologist. He warns that sleep deprivation is a major issue now and we aren't recognising it.

"We just push ourselves to have one cup and the next," he says.

Do you need an alarm to wake up in the morning or your are alert and awake at a fixed time every day?

 Dr Hastak says if you need an alarm to wake up, then probably you are sleep deprived.

He goes on to explain what happens to our body and mind when we are not sleeping enough:

It can make it hard for you to focus. 

Do you struggle to concentrate on the task at hand and take hours for even a ten-minute job? 

You probably are sleep deprived and not realising it yet. "When you are not able to sleep you get fatigued, irritabile and find it difficult to concentrate," says Dr Hastak.

Lack of sleep can be fatal

If you aren't sleeping enough you are at risk of many chronic health issues and also death. As per some animal studies, prolonged or total sleep deprivation can lead to death

Your motor activity goes down

Motor activity is related to eye movements, reaching, jumping, avoiding of obstacles, etc. When you do not sleep your motor activity goes down and affects your daily functioning. It can also bring down your motivation to work.

Micro sleep episodes can put you at risk of accidents

Sleeping briefly for 15 seconds or less is a micro-sleeping episode and many people who haven't slept for days or are not able to sleep well can report it.

"It is common among cab drivers who haven't slept for days at stretch to get micro sleep episodes because of which there can be major car accidents," says Dr Hastak.

Hallucination

According to WebMD, when the absence of sleep disconnects you from reality, it can present as hallucinations or delusional thinking. It happens due to severe or prolonged sleep deprivation.

"From neuro pont of view you can hallucinate if you are sleep deprived. The hallucination can be visual (seeing things or people that aren't there) or tactile (feeling someone's touch on the body etc)," says Dr Hastak.

Seizures

Lack of sleep can be a trigger of seizures in people who already have had tumours or seizures in the brain.

Apart from that most of the psychiatric issues have some link with sleep deprivation. People with depression, anxiety and other mental health issues are not able to sleep well and this could further deteriorate their mental health, says Dr Hastak.

But do all people need 7-8 hours of sleep?

Dr Hastak says not all people need same amount of sleep. While some people need 5 hours of sleep and they can operate well, for some people even 8 hours is not enough.

"There is a varability in sleep of people. Some people need 4-5 hours of sleep while others can require 8 hours or more. It's like satiety where some people will be happy with 2 chapatis while others need 5," says the neurologist.