Dr Yii (front right), Ramkarpal (left) and others during the meeting in Putrajaya.
KUCHING (Dec 24): Bandar Kuching MP Dr Kelvin Yii is calling for the repeal of Section 309 of the Penal Code, which provides for imprisonment up to one year or fine, or both, upon conviction of the attempt to commit suicide, and any act towards the commission of such offence.
According to him, the current federal government must make the progressive and fundamental move to end ‘such archaic law’ in Malaysia, towards ensuring that the concerned individuals would receive the necessary therapy and support, instead of being treated as criminals.
This was the main point of discussion during a meeting in Putrajaya on Thursday with the Deputy Law Minister Ramkarpal Singh, Subang Jaya assemblywoman Michelle Ng, Kampung Tunku assemblywoman Lim Yi Wei and Miri Hospital Psychiatrist Dr Ravivarma Rao Paniselvam.
“We received positive response as well as commitment regarding this important matter, which will be pursued. Such reforms and amendments are not new, with more than 60 countries all around the world including the UK, Singapore, India and New Zealand having amended their laws to ensure that they (those who attempt suicide) would be given medical help and support, rather than being criminalised and thrown into jail,” said Dr Yii in a joint statement issued yesterday.
He added that in October 2021, then-deputy health minister II Datuk Aaron Ago Dagang had told the Dewan Rakyat that the move to decriminalise suicide had begun, but it would require some adjustments to the relevant section in the Penal Code.
In March this year, it was announced that the proposal to amend the Penal Code and decriminalise attempted suicide was still being studied by the Attorney General’s Chambers (AGC), said Dr Yii.
Based on data from the ministry, from 2018 to June 2021, there were 902 cases of attempted suicides that had been prosecuted in court, he added.
“This is not only a waste of court resources, but it may also aggravate this serious problem.
“The very existence of such archaic laws perpetuates the stigma surrounding suicide, which then discourages at-risk individuals from seeking help during crisis, increasing their likelihood of committing suicide.
“The current law is ‘very damaging’ to someone who is already feeling vulnerable and may exacerbate the problem as it pushes individuals to choose more violent and irreversible means of harming themselves to ensure that their attempt is successful, to avoid prosecution should they survive.”
Dr Yii also pointed out that the criminalisation of suicide could not save lives, in that there was no evidence of it acting as a deterrent.
“Moreover, criminalising suicide would not address the underlying factors such as poor mental health and arduous living conditions, driving the individual to attempt suicide in the first place.
“This is evidently seen more during the Covid-19 pandemic.
“That is why the government must acknowledge the complex interaction of risk factors leading to suicidal thoughts and behaviours, causing them to miss the urgency of amending the law and protecting vulnerable Malaysians from unjust prosecution,” he said.
“This has to stop, and tangible steps must be expedited.
“For this reason, we urge that the current federal government would take this as a matter of priority, and possibly bring the amendments and table it by the next Parliamentary session.
“In the meantime, a moratorium on all prosecutions for suicide attempts must be declared immediately and a national suicide registry must also be set up immediately to formulate targeted measures to be taken to address the rising suicide rate.
“We are aware that the delay in decriminalisation is due to views that enhancements are needed in the law after Section 309 is repealed, and that all these must be done in the same Parliamentary sitting.
“We take the view, however, that these enhancements can come after. The repealing Bill can be tabled first. This is because attempted suicide charges are still being brought as studies on the substituting laws are being done,” added Dr Yii.
He also said similarly, should there be any concern in there being a lacuna upon repeal – the government could instruct, administratively, for the police to invoke their powers under Section 10 of the Mental Health Act in cases of attempted suicide to admit the person into a psychiatric hospital.
“We must now ensure that our legislation develops alongside our progressing society to build a nation where individuals can seek help for their mental health challenges without fear or hesitation,” said the parliamentarian.
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