Judge Akhtar Tahir also ordered the defendants, represented by the Attorney-General’s Chambers, to pay costs of RM5,000.

In his decision, he said the defendant’s position was that an amendment to the Federal Constitution to grant mothers this right must be first approved by the Conference of Rulers.

“This presupposes that the amendment is necessary. However, there is no question of an amendment because the court has already decided that the mothers have this right under the Constitution,” he said.

On Sept 9, Akhtar ruled that children born overseas to Malaysian mothers married to foreigners are entitled by operation of law to be citizens of Malaysia.

The government then appealed against the decision.

The decision allowed a legal suit filed by the Association of Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers) and six Malaysian women married to foreigners for their overseas-born children to have the right to become Malaysian citizens.

They had sought a court order for the relevant government agencies to issue documents relating to citizenship to children born abroad to Malaysian mothers with foreign spouses.

A spokesman for Family Frontiers said they were encouraged by Akhtar’s decision and reasoning.

“He has expressly recognised the hardship faced by these Malaysian mothers, their children and the family unit, which would continue with this decision.

“One of the children involved in this case is already 17. He has been deprived of Malaysian citizenship all his life. How long should these Malaysian families be asked to wait?

“On the other end of the spectrum, we have families with young children, babies, who face hardship in entering Malaysia. Many family units are separated because of these travel restrictions,” they said in an immediate reaction.

In a 24-page written judgment, Akhtar had ruled that the women had locus standi to file the application and that there was no abuse of court process in their action against the government.

He dismissed the government’s contention that citizenship was a privilege rather than a right.