KUALA LUMPUR, Dec 24 — The Human Rights Commission of Malaysia (Suhakam) today expressed strong disapproval against plans to give Islamic religious authorities power to handle statutory rape cases, calling it a dangerous move that could undermine the supremacy of the Constitution and the rule of law.

Kelantan Police Chief Datuk Mohd Yusoff Mamat was reported saying last week that statutory rape cases in the state would be refered to the Kelantan Islamic Affairs Department if they are found to “involve consensual sex”.

Suhakam said the move would betray PDRM’s constitutional mandate to investigate statutory rape as a criminal offence.

“Suhakam stresses that such a practice must cease immediately,” it said.

“Under the Federal Constitution criminal law and criminal procedure fall within the Federal List, and the investigation of rape as a criminal offence is a core constitutional and statutory responsibility of PDRM as the principal law enforcement agency. 

“Any referral of statutory rape cases to Islamic enforcement authorities is inconsistent with this mandate and risks undermining the supremacy of the Constitution and the rule of law,” it added.

Yusof previously courted controversy for his view that both minors in statutory rape cases should be charged, on the grounds that majority of these cases are consensual.

The commission said it views statutory rape against children as a serious criminal offence.

And while it respects the position and role of Islamic law and religious institutions within Malaysia’s legal and social framework, the commission said it is obligated to uphold the best interests, protection and welfare of children.

“Suhakam stresses unequivocally that statutory rape perpetrated against children constitutes a serious criminal offence and must be investigated and prosecuted by PDRM,” it said.

“Statutory rape must therefore be addressed as a serious criminal offence against children, through processes that are lawful, child-sensitive and rights-compliant,” it added.

Malaysia is State Party to the Convention on the Rights of the Child (CRC). 

Under the CRC, the state must ensure that all children are protected from sexual exploitation and abuse, and that the best interests of the child are treated as a primary consideration in all actions concerning children, the commission stressed.