OCT 3 — When Minister in the Prime Minister’s Department Datuk Seri Wan Junaidi Tuanku Jaafar said there is an immediate need for law reform, it needs to be appreciated that law reform is a serious matter.Reform is a process and in law, it is theof analysing current laws and advocating and carrying out changes in a legal system, usually with the aim of enhancing justice or efficiency.
Let’s take the example of Article 8 of the Federal Constitution. The Article generally prohibits discrimination against a person or class of persons, unless there is a rational basis for such discrimination.In 2001, the word “gender” was inserted in Article 8 to comply with Malaysia’s obligations under United Nations Convention on the Elimination of All Forms of Discrimination against Women and to reflect Malaysia’s commitment to eliminate discrimination against women.
One can clearly see that the amendment sought to achieve the aim of law reform, i.e. enhancing justice – for women. Noble the aim was. High Court judge Akhtar in fact gave effect to the aim by ruling that children born overseas to Malaysian mothers are entitled to citizenship by operation of law. The learned judge ruled that the word “father” in section 1 of Part II of the Second Schedule of the Federal Constitution includes “mother.
As it is, the Federal Constitution contains another provision which discriminates between a father and a mother.
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