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No 6B, Jalan Abdullah,
Off Jalan Bangsar,
59000, Kuala Lumpur
Tel: 03-22825241/03-22825622
Fax:03-22825245
Your Reference :
In Reply : Misc/Aug/Munisvaran/2012/anu
Date : 14/9/2012
YAB. Dato’ Seri Najib Razak,
Prime Minister of Malaysia,
Block Utama Bangunan Perdana Putra, Fax : 03-8888 3444
Pusat Pentadbiran Kerajaan Persekutuan, E-Mail : najib@pmo.gov.my
62502 Putrajaya. By Hand
Y.B. Dato Seri Hishamuddin Hussein
Home Minister,
Aras 12 Block D 1, Fax : 03-8889 1720
Complex Kerajaan Fasa D, E-Mail: hishamuddin@moha.gov.my
Pusat Pentadbiran Kerajaan Persekutuan, By Hand
62546 Putrajaya.
Dear YAB/YB,
Re : 1) Malaysian Indian citizen’s child unlawfully denied citizenship status in violation of Article 14 (1) (b) Part II Section 1 (a) Federal Constitution
2) Father’s name unlawfully omitted from Birth Certificate
3) 450,000 Stateless Indians unlawfully denied BC, IC and Citizenship
____________________________________________________________________________________________________________________________________________________
The aforesaid matter has been referred to us to be forwarded for your goodselves urgent action by Mr. Munisvaram a/l A. Pachaiapan a Malaysian citizen bearing NRIC NO: 780924-14-5083 of Blok H-G-44, Jalan Bunga Raya 3, Taman Bunga Raya, Bukit Beruntung, 48300 Rawang.
Mr. Munisvaram a/l A. Pachaiapan informs us that his natural son Eswaran’s Birth Certificate No. 041123-14-1569 ( No Daftar BQ 24370) unlawfully classifies him as a non citizen and does not carry Mr. Munisvaram a/l A. Pachaiapan’s name as the natural father in the father’s name column. (copy of Birth Certificate enclosed) This
because he earlier could not register his marriage to Madam Kalavathi James an Indian citizen due to the Registrar of Marriages refusing to register his marriage.
Please Take Note that Article 14 of the Federal Constitution guarantees citizenship by operation of law
Article 14 (1) (b) Part II (Section 1 (a) stipulates:-
Citizenship By Operation of Law of Persons Born on or after Malaysia Day
Subject to the provisions of Part III of this Constitution, the following persons born on or after Malaysia Day are citizens by operation of law, that is to say:
a) every person born within the Federation of whose parents one at least is at the time of the birth either a citizen or permanently resident in the Federation;
In the circumstances kindly therefore forthwith issue to Mr. Muniswaran a/l A. Pachaiapan’s son Eswaran his due Birth Certificate with his citizenship status as a Malaysian and the name of Muniswaran as the natural father according in the Birth Certificate of Eswaran.
Please take note that Eswaran’s (8) difficulty in being enrolled in a primary schools appears to be at the mercy of the school authorities. The school authorities have since informed Mr. Muniswaran that his son would be dismissed from school and cannot continue with Standard Three with effect from 1/1/2013 if his Citizenship status in his Birth Certificate is not classified as a Malaysian by then.
Mr. Muniswaran can be directly contacted at Mobile No. 016-6179925.
In the interim kindly issue a policy circular to the Director General of the National Registration Department to forthwith grant the long outstanding Birth Certificates, Identity Cards and Citizenship illegally denied to the estimated 450,000 stateless Malaysian born Indian poor and their parents.
It is a national shame that the Indian poor in 1 Malay-sia are still being made to beg for even this their innate right to their lawful and legitimate Birth Certificates, Identity Cards and Citizenship despite 55 years of Merdeka.
Your goodselves kind indulgence in this matter would be greatly appreciated.
Kindly revert to us accordingly.
Thank you,
Yours faithfully,
………………
P. Uthayakumar
De facto Leader
Hindraf Makkal Shakti
s.k Dato’ Jariah binti Mohd Said
Ketua Pengarah Jabatan Pendaftaran Negara
Kementerian Dalam Negeri, Fax : 03-88807777
Aras 14, No. 20 Persiaran Perdana, E-Mail: jariahms@jpn.gov.my
Presint 2, Pusat Pentadbiran, By Hand
Kerajaan Persekutuan,
62551 Wilayah Persekutuan,
Putrajaya
Encik Zulhairin bin Yahya
Director of Birth, Deaths & Adoption
Kementerian Dalam Negeri, Fax : 03-88807870
No. 20 Persiaran Perdana, E-Mail: zulhairin@jpn.gov.my
Presint 2, Pusat Pentadbiran, By Hand
Kerajaan Persekutuan,
62551 Wilayah Persekutuan,
Putrajaya


