KUALA LUMPUR, July 9 — Opposition lawmakers have once again called for the Perikatan Nasional (PN) government to clarify their stand regarding decriminalising suicide and attempted suicides.
According to the lawmakers, the PN government has been silent on the matter while victims are being for suicide attempts.
In a joint statement today undersigned by lawmakers Ramkarpal Singh (MP Bukit Gelugor), Kasthuriraani Patto (MP Batu Kawan) and Sangeet Kaur Deo (Legal Bureau Chief, Wanita DAP), they expressed their concerns for a need to repeal Section 309 of the Penal Code.
“In Malaysia, a suicide attempt is currently seen as a crime which is punishable by a term of imprisonment or fine or both as provided for by Section 309 of the Malaysian Penal Code.
“Instead of punishment, the focus should be to facilitate access to appropriate care in a professional and sensitive manner,” they said.
Citing the World Health Organisation, the lawmakers said at least 59 countries have decriminalised suicide including the whole of Europe, North America, much of South America and few parts of Asia.
“Data from countries that have decriminalised suicide, including Canada and New Zealand, shows that suicide rates have not increased after decriminalisation,” they said.
India, which shares a similar penal code to Malaysia, recently decriminalised suicide in 2014.
In 2019, Singapore decriminalised attempted suicide on the basis that it is a public health and social issue, not a criminal one.
The trio also pointed out that, there is still no data that has proven the efficacy of deterrent from the Malaysian government's actions to charge suicide and suicide attemps.
Malaysia, although made some headway in the discussions to decriminalise attempted suicide, there has yet to be a concrete plan on the matter.
According to the lawmakers, the Pakatan Harapan government had on December 31, 2019, considered the decriminalisation of attempted suicide.
One year later, on December 4, 2020, it was reported that the Attorney General Chambers was considering amendments to the law relating to attempted suicide in view of the rising numbers of such cases.
It was reported that comparative studies had commenced with other jurisdictions relating to said laws.
“Unfortunately, now seven months later, there has been no news of such decriminalisation or amendments to section 309 of the Penal Code.
“Instead, in the last year, people who have attempted to end their lives have been convicted and punished, some with a term of imprisonment,” the statement said.
The lawmakers were referring to a case that was charged in Kuala Lumpur whereby an unemployed man who attempted suicide by stabbing himself with fragments from a broken glass window was sentenced to one month in prison.
The lawmakers also drew another example, where a person with disability was sentenced to a term of imprisonment in February 2020 at a court in Terengganu.
The person with disability was convicted under section 309 of the Penal Code for attempting to commit suicide and sentenced to six months imprisonment.
“The escalating number of suicide and attempted suicides cases reflects an urgency for the current administration to take immediate measures.
“We call upon the law minister and the attorney general to provide an update on the status of the said studies and a clear indication of the stand taken by the current administration on the decriminalisation of attempted suicide,” the trio said.
The lawmakers have also voiced their support for the call of an immediate moratorium on all pending cases and investigations relating to attempted suicides.
The lawmakers also reminded that Selangor recorded the most suicide cases at an alarming number of 117 cases in the first five months of this year.
Citing a Unicef statement dated July 1 this year, 872 teens aged 15 to 18 years old took their lives between January 2019 to May 2021, making up 51 per cent of the total 1,708 suicide cases reported in that period of time.
* In Malaysia, suicide helpline Befrienders offers free and confidential support 24 hours a day via 03-76272929.
