I have been following bits and pieces of the late Teoh Beng Hock’s case and an issue of concern to me, besides others, is that his unborn child will not be able to carry his name due to the protocol and procedure of the NRD.
Apparently, the NRD needs the marriage certificate of the parents to register the child with his or her father’s surname and failing that, the father needs to be physically present during the registration. Obviously in this case, neither can happen. The birth certificate will then only reflect the mother’s name and no father’s name, and being a Chinese, the child will carry the mother’s surname.
I feel that this is a big injustice, not only to Mr Teoh and his family and his fiancee, but also to the child later on. He or she will forever live with the stigma that he or she has no named father, and not only that, a big part of his or her identity will be missing. He or she will never know who his or her father is and the circumstances surrounding his death.
I think it is so important to the child to know what his or her father went through, the injustice of his death and how something like this should never be repeated.
Perhaps there is nothing we can do to change the law or the provisions in it, but perhaps we should let ourselves be heard on the issue.
Mak Long, You can find more details of the law at this link: http://www.thoughts.com/rottenegg/blog/teohs-chil…
I can't answer your second question. I believe in the right of the individual and the community with its opinions can go on and gossip all they want. Its facts and actions that get results to move purposeful people forward. Minding other people's personal business only holds one back, like a rock tied to the leg.
I dont know how is the law written regarding the registeration of a child.
I symphatise with Teoh's fiancee, but no one should be above the law. Change the law or add the clause regarding he DNA in the law. Then everything will be above board. Otherwise in future will we be willing to register a child is as a son of someone who has passed away if the mother said that was the father and what about the so call father's family, have they no say who will carry their family name. It is not only a matter of citizenship but alsa about family properties later in life.
One more question, how does the Chinese community and Indian community look at unwed couples who has children? I am not trying to be sacarstic, I really don't know hope to hear from fellows Malaysians. I know the Malay does not accept it. ( This question is not related to Theo's case. )
Went and checked on the statute books on this matter:
http://www.agc.gov.my/agc/Akta/Vol.%204/Act%20152…
Act 152 REGISTRATION OF BIRTHS AND DEATHS (SPECIAL
PROVISIONS) ACT 1975
Sections:
Registrar to record particulars
6. (1) A Registrar shall record such particulars as may be prescribed in a report book in the prescribed form concerning any birth or death given to him by any person qualified to do so.
(2) A Registrar may before recording the birth or death, put questions to the informant to satisfy himself of the occurrence of the birth or death, that the informant is qualified to give the information and that the birth was to or the death was that of a citizen of Malaysia.
Entry as evidence of birth or death
10. An entry in the register and a certificate purporting to be issued under section 9 and purporting to be made under the hand of the Registrar General or any person authorised by him shall be received without further or other proof as evidence of such facts and particulars relating to such birth or death as are prescribed to
be and are recorded in the register.
Self explanatory. All that is needed under the law is that the informant gives the information to the registrar and the registrar accepts that information.
The ruling of the NRD is the work of little, very small little Napoleons. See their requirements below from their FAQ below. Where on earth are those DAP lawyers??? Just capitalising on Teoh's death? And not going all out to fight this case?
http://www.jpn.gov.my/BI/4_2_kelahiran.php
4. Birth of a child outside marriage (illegitimate child)
(For non-muslims with confirmed status)
A person claiming to be the father of the child and wanting to enter his name in the birth certificate. The father's particulars will not be entered into the register of births, unless it is a joint application between the mother of the child and the person claiming to be the father. The person claiming to be the father of the child must sign the register together with the mother.
Its not the law. The law requires the name of the parents where possible to determine the citizenship. This "no father name is allowed without documents" is a ruling by the little napoleons in the NRD. A ruling which should be able to be overturned if Najib and the MCA/Gerakan gang are genuinely concerned enough about it.
Alternatively a DNA test would determine the baby's daddy and so that is more than enough evidence to bring to the table. Then lets see what the trolls at NRD will cook up next.
I hope that this case & other cases that the unborn child's father which had died "unintentionally" can be given special privillages….!!!
Only for the Non-Muslim…