Pravin Prasad (not his real name) will be turning 16 come July 8, but unlike many of his teenage friends, Pravin does not carry an identity card.

His is the case of a young but bright boy, who has used various channels to apply for citizenship, but remains stateless.

His father, Ramasamy Pillai (name changed to protect the identity of the family) is Malaysian, but his mother is a Filipina. As a child, Pravin was issued a birth certificate, and later he successfully obtained an international passport that clearly states he is a Malaysian citizen.

But, at the age of 12, when a search was conducted at the National Registration Department (NRD), Pravin’s father was shocked to note that the boy’s birth certificate now states that he is a non-citizen.

Pillai had applied twice for citizenship for his son but on both occasions his application was rejected by the Home Affairs Ministry, on the grounds that Pravin is an illegitimate child as his parents’ marriage was not registered in Malaysia.

Both Pravin and his father are distraught as Pravin is often teased and ridiculed by his schoolmates for not being a citizen and was even labelled as an outsider by some of his friends.

He had obtained 5As for his UPSR examination in 2010, and in the year 2013, he obtained 7As for his PMR examination. He is also very active in his school bodies and was even appointed a prefect.

In 2014, Pravin decided to look to the Kuala Lumpur High Court for justice, where he hopes to seek a declaration from the High Court that he is a citizen of Malaysia under Article 14 and / or 15A of the federal constitution, which will then allow him to be issued with a MyKad.

According to Pravin’s counsel, Annou Xavier ( left ), Article 15 A of the federal constitution is a special provision that empowers the federal government to register children under the age of 21 to be citizens of Malaysia.

“For this provision, only one of the parents needs to be a Malaysian citizen and not both parents. In this case, Pravin’s father is a Malaysian citizen since birth,” Xavier said.

Xavier also reminded the court that on Feb 17, 1995, Malaysia had ratified the Convention of the Rights of the Child in which Article 3 of that convention states, “...the best interest of the child shall be a primary consideration...”

“One of the best interest of a child or any child is not to be stateless and ought to be given citizenship in the land,” Xavier argued.

Holding a watching brief, the Human Rights Commission (Suhakam) informed the court that, since Malaysia is a signatory to the convention to the Convention on the Rights of the Child, the best interest of the child is paramount.

Named in the affidavit as defendants are the director-general of the National Registration Department, Malaysia, Home Affairs Ministry and the government of Malaysia. The High Court has fixed June 20 to make a decision.

No reason to deny 'Pravin' citizenship