Kuala Lumpur: Stateless persons in Malaysia can still legally marry even without having a Malaysian identity card , as Malaysian authorities can register such marriages without an IC, the High Court has said in a recent groundbreaking decision.Quick facts about this case: The cycle of statelessness kept going on with ‘no IC’
While Kamaladevi had Malaysian grandparents, her mother Letchimee only had a birth certificate and did not have a Malaysian identity card up to her death.Because of this, she could not register her marriage to a Malaysian man, and all her three children — including Kamaladevi — became stateless. A valid marriage between a stateless woman and a Malaysian man would mean their children are not illegitimate and can inherit the father’s Malaysian citizenship.
The Perak family’s lawyers also said that the government’s own internal circular said personal identification documents are not a condition for marriages to be registered. The judge said the reason why Kamaladevi’s mother’s marriage was not registered was “most likely due to illiteracy and lack of awareness and understanding of the law”.The judge said the Perak family was trapped in a “vicious cycle” of generational statelessness and hardship, even though they were born in Malaysia, because they did not have ICs and their marriages were not registered.
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