KUALA LUMPUR, Feb 9 — Promiscuity, effeminate behaviour, and unconventional “cultural performances” are among offences that permit teachers to cane students in school, according to a 1959 Education Ministry circular that educators say is in dire need of review.
Aside from the more prosaic offences that students commit, other infringements that are punishable with caning include sexual relations and prostitution.
Despite that, however, the circular also noted that teachers are not allowed to mete out corporal punishment to female students, while male students may only be caned on their palms or on padded buttocks.
The circular made available to Malay Mail Online was dated October 2003 and explained that the ministry has empowered teachers to cane students dating back to 1959, based on the Education Ordinance of 1957.
There were 35 “serious offences” listed that are punishable with up to three lashings on padded buttocks.
While some offences involve criminal activity such as prostitution, others tread the gray areas of morality or non-heterosexual behaviour, such as “bohsia”, “bohjan” or “pondan”.
“Bohsia” and “bojan” are derogatory slang words for girls and boys, respectively, involved in immoral activities, especially with “mat rempit” gangs.
“Pondan” is a slur for “transvestites”, used to refer to boys who are effeminate.
Other serious offences included sexually harassing other students or teachers, cohabitating, peeping on male or female students, and having “suspicious relationships”.
Students may also be caned under the serious offences category for participating in “cultural performances” that “go against Malaysian society” or without permission from education authorities.
The circular also listed down 10 “medium offences” punishable by up to three lashes to the palm, and 27 “light offences” that will merit a warning and counselling.
Recently, the National Union of the Teaching Profession (NUTP) called for a review of the official circular, saying it is over half a century old and no longer suitable for the current era.
NUTP secretary-general Lok Yim Pheng stressed that though the union does not support the proposal to outlaw caning, a review of the ministry guideline on corporal punishment must be undertaken to determine more modern alternatives to caning.
The current debate on caning and corporal punishment was triggered by Women, Family and Community Development Minister Datuk Seri Rohani Abdul Karim reportedly saying that caning could be an offence under a new law set to replace the Child Act 2001.
She later clarified that the provision proposed by the ministry under the new Child Act is not meant to outlaw all forms of caning of children, only those meted out to child offenders in court.
