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2024 MarsdenLR 42

HIGH COURT MALAYA TAIPING
KAMALADEVI KANNIAPPAN & ORS – Appellant
Versus
PENDAFTAR KELAHIRAN DAN KEMATIAN & ORS – Respondent


Petitioner Advocates:New Sin Yew,Shugan Raman ,Respondent Advocate: Norazlinawati Mohd Arshad

JUDGMENT

Noor Ruwena Md Nurdin JC:

Introduction

[1] This application concerned the attempts of three generations from the same family seeking for the right to be recognised as Malaysian citizens and, needless to say, a better life for all of them. As the facts will show later in this Grounds of Judgment, they had encountered many "difficulties" in the process of trying to comply with the requirements of the law within their very limited resources, including a tragedy that befell two of the members of this unfortunate family. As fate would have it, they were trapped in a situation of "Generational Statelessness" , despite being born in Malaysia, because they did not possess the national identity cards and non-registration of marriages which occurred as a result of the previous generations' lack of awareness on the importance of such documents. It was a "vicious cycle", which could have been avoided had members of this family, as children, been accorded with at least basic education to enable them to be aware of their human rights and civil liberties.

Background

[2] The Originating Summons (Encl 1) was filed by the Plaintiffs on 24 May 2023. The Court delivered its decision on 20 May 2024


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