Kissing child’s genitals is penetrative sexual assault under POCSO, rules Kerala High Court

Kuala Lumpur: The Muar High Court has rejected a woman's attempt to gain Malaysian citizenship by operation of law, despite her biological father being Malaysian. Judicial Commissioner Kalyana Kumar Sockalingam ruled that the woman was not eligible due to her out-of-wedlock birth to a Malaysian father and an Indonesian mother. The court adhered to the Federal Court's ruling, which clarified that, by virtue of Article 31, Section 17 of Part III, a child born out of wedlock is considered a non-citizen.

The applicant's mother, an Indonesian citizen, did not meet the constitutional requirements for citizenship. The court also dismissed arguments based on Section 19B of the Constitution, which deals with abandoned newborns, as it was meant for cases of unknown parentage. The woman's claim that classification as a non-citizen violated her personal liberty and equality under Articles 5 and 8 of the Constitution was rejected, as citizenship is governed by Part III of the Constitution, which takes precedence over general guarantees.

The court emphasized that constitutional interpretation by the Federal Court is final, and any changes must be proposed by parliament through constitutional amendment.