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Irish Times
03-08-2025
- Politics
- Irish Times
State secures Supreme Court appeal against citizenship ruling for children of same-sex couples
The State has secured a Supreme Court appeal against a High Court ruling that found failings in how Irish citizenship-by-descent laws treat children born to same-sex parents living abroad. Two separate cases determined by the High Court earlier this year involved children born abroad to two sets of legal mothers following donor-assisted human reproduction (DAHR). In the case of one Irish mother living in Australia, referred to as 'Ms X', her children, on whose birth certificates she is named, were refused passports because she was not their gestational mother, biological father or adoptive parent. Therefore, the Minister for Foreign Affairs found she did not meet the definition of 'parent' under section 7 of the 1956 Irish Nationality and Citizenship Act, from which citizenship by descent can be derived. READ MORE The High Court declared that she, her children and her family were treated unequally because the Government failed to provide a way for the boys to achieve Irish citizenship. In the other case, a passport was refused for a Spanish-born child, despite the Irish citizen, 'Ms Y', being the genetic mother but not the gestational mother, having donated her egg to her partner. The High Court found the Minister erred in interpreting section 7 as excluding Ms Y as the child's parent. It also held that Irish law does not afford a properly tailored means of vindicating the rights of a child born abroad to a non-genetic, non-gestational Irish citizen mother. An application made by the Minister for Foreign Affairs, the Attorney General and Ireland seeking to appeal the decisions argued the High Court failed to properly determine the nature and extent of the State's equality obligations. The State parties said there is a need for certainty about who qualifies as a parent or mother. The answer to this question will affect the development of the law in an area of 'particular sensitivity', they said. 'Such determination will have significant implications for, and effects on, the statutory arrangements which are in place, and which will be put in place, to regulate DAHR.' The State parties said the issue is a 'matter of general public importance which will affect a considerable number of people in regard to an important aspect of their lives'. They contended an appeal brings 'no prejudice' to the families and would benefit them 'as it will lead more quickly to a final and conclusive determination of the issues'. In the case of 'Ms Y', in particular, the State said the High Court's interpretation of the section 7 definition of a parent is 'novel and without precedent and is contrary to the vast majority, if not all, prior precedent'. 'It introduces a considerable degree of uncertainty into the law in regard to DAHR, in particular, as to what are the exact circumstances when a genetic mother can qualify as a parent; and as to whether, for the purposes of citizenship by descent, a child can have more than one mother or have more than two parents,' it said. Neither family opposed the State's appeal applications. They both recognised the importance of clarifying the law, saying it is in the public interest to gain certainty as to who qualifies as a 'parent' under citizenship laws. The families have been permitted to cross-appeal claiming, among other points, the High Court was wrong to find that a non-genetic, non-gestational legal parent does not meet the section 7 definition of a parent. Speaking to The Irish Times earlier this year, Ms X said she was 'extremely disappointed' her homeland would not recognise her as a parent to her two sons. 'To be told you are not a parent of your own child is a very hard thing to have to listen to,' she said.
Singapore Law Watch
05-05-2025
- Singapore Law Watch
Ex-yoga instructor given jail in 2024 for molestation granted discharge over 2 remaining charges
Ex-yoga instructor given jail in 2024 for molestation granted discharge over 2 remaining charges Source: Straits Times Article Date: 03 May 2025 Author: Shaffiq Alkhatib A former yoga instructor, who was sentenced to jail and caning in August 2024 for molesting three victims, has been granted a discharge over his two remaining charges linked to a fourth woman. A former yoga instructor, who was sentenced to jail and caning in August 2024 for molesting three victims, has been granted a discharge over his two remaining charges linked to a fourth woman. Responding to queries from The Straits Times on May 2, the Attorney-General's Chambers said: 'After careful consideration of the facts and circumstances of the matter, including the (woman's) relocation from Singapore, the prosecution applied for a discharge amounting to an acquittal for the two... charges.' The court then granted Indian national Rajpal Singh, 35, the discharge on March 19. This means he cannot be charged again over the same offences linked to the two charges. Singh had been accused of molesting the 26-year-old woman on two occasions at Trust Yoga in Telok Ayer Street between June 2019 and March 2020. In August 2024, he was sentenced to 23 months' jail and four strokes of the cane for molesting three other women when he was conducting classes with them. At the time of these offences, he was working at Trust Yoga, where all three victims were members. After a 13-day trial, District Judge Sharmila Sripathy convicted him in May 2024 of five molestation charges involving the three women, referred to as Ms C, Ms V and Ms R. Singh was acquitted of three other molestation charges involving a fifth woman, Ms Y. Ms C, who was 24 at the time, attended Singh's class from 4.30pm to 5.30pm on July 11, 2020. She was in a yoga position called a 'forward fold' when he molested her. She was in another pose when he outraged her modesty again. Ms V, who was then around 24 years old, attended classes from Sept 30, 2019, to July 29, 2020, and Singh molested her twice within that time. Ms R was 28 years old when Singh molested her during a class in November 2019. Singh was accused of molesting Ms Y, who was then 37 years old, on three occasions in 2020. However, the judge had found that Ms Y's continued support of Singh 'incongruent' with her molestation allegations. He was then acquitted of three molestation charges involving Ms Y. Following Singh's sentencing in 2024, the court heard that he will be appealing against his conviction and sentence. His bail was then set at $50,000. Source: The Straits Times © SPH Media Limited. Permission required for reproduction. Print
Straits Times
02-05-2025
- Straits Times
Ex-yoga instructor given jail in 2024 for molestation granted discharge over 2 remaining charges
Indian national Rajpal Singh cannot be charged again over the same offences linked to the two charges. ST PHOTO: KELVIN CHNG Ex-yoga instructor given jail in 2024 for molestation granted discharge over 2 remaining charges SINGAPORE – A former yoga instructor, who was sentenced to jail and caning in August 2024 for molesting three victims, has been granted a discharge over his two remaining charges linked to a fourth woman. Responding to queries from The Straits Times on May 2, the Attorney-General's Chambers said: 'After careful consideration of the facts and circumstances of the matter, including the (woman's) relocation from Singapore, the prosecution applied for a discharge amounting to an acquittal for the two... charges.' The court then granted Indian national Rajpal Singh, 35, the discharge on March 19. This means he cannot be charged again over the same offences linked to the two charges. Singh had been accused of molesting the 26-year-old woman on two occasions at Trust Yoga in Telok Ayer Street between June 2019 and March 2020. In August 2024, he was sentenced to 23 months' jail and four strokes of the cane for molesting three other women when he was conducting classes with them. At the time of these offences, he was working at Trust Yoga where all three victims were members. After a 13-day trial, District Judge Sharmila Sripathy convicted him in May 2024 of five molestation charges involving the three women, referred to as Ms C, Ms V and Ms R. Singh was acquitted of three other molestation charges involving a fifth woman, Ms Y. Ms C, who was 24 at the time, attended Singh's class from 4.30pm to 5.30pm on July 11, 2020. She was in a yoga position called a 'forward fold' when he molested her. She was in another pose when he outraged her modesty again. Ms V, who was then around 24 years old, attended classes from Sept 30, 2019, to July 29, 2020, and Singh molested her twice within that time. Ms R was 28 years old when Singh molested her during a class in November 2019. Singh was accused of molesting Ms Y, who was then 37 years old, on three occasions in 2020. However, the judge had found that Ms Y's continued support of Singh 'incongruent' with her molestation allegations. He was then acquitted of three molestation charges involving Ms Y. Following Singh's sentencing in 2024, the court heard that he will be appealing against his conviction and sentence. His bail was then set at $50,000. Shaffiq Alkhatib is The Straits Times' court correspondent, covering mainly criminal cases heard at the State Courts. Join ST's WhatsApp Channel and get the latest news and must-reads.
