AUGUST 6 — Malaysian Mental Health Association calls for a total repeal or amendments to Section 309 of the Penal Code which punishes those who survive a suicide attempt with up to a year in jail, a fine, or both, if convicted. Just last year parliament was informed that the attorney general’s chambers was studying possible amendments to laws related to suicide.
Yet, yesterday a magistrate’s court fined an unemployed man who had attempted to commit suicide RM3,000 and three months in jail if he failed to pay the fine. Just two months ago a 42-year-old man who attempted suicide by stabbing himself from fragments from a broken glass window was sentenced to one month in prison.
Malaysia remains one of the few countries in the world that continues to maintain archaic laws that made suicide attempts a criminal act. Singapore decriminalised suicide as of January 1, 2020. We, however, continue to drag our feet over this issue despite concerns expressed by the Malaysia Law Reform Committee as well as leaders of mental health organisations and mental health experts in the country.
More than 90 per cent of people attempting suicide suffer from major psychiatric illness like Clinical Depression Bipolar Disorder or a Psychotic Illness and therefore they should be considered
victims of their own psychiatric condition. In case of doubt, a psychiatric examination prior to the court proceeding to convict a person under Section 309 would have been the preferred course of action.
If this unemployed man who attempted to jump to death cannot pay his fine and is sent to prison, it is hoped that the Director General of Prisons refers him to a psychiatric unit for assessment and treatment to prevent any suicidal attempt while in prison.
Such a referral is provided for under Section 26 of the Prisons Act 1995. Ultimately justice must be tempered with mercy.
This discussion is not just about the decriminalisation of suicide. This is also a plea for Malaysia to move more towards a compassionate society by destigmatising mental illness and safeguarding the interests of persons with mental illness and their families.
Malaysia needs to widen direction in mental health, beyond the scope of looking at it as a mere health issue. A multi sectoral approach involving government agencies, the corporate sector, non-government organisations and academia need to come together to address mental health issues which are increasing becoming pertinent in the lives of all Malaysians and not just those with severe mental illness.
Better decision-making processes concerning mental health issues in general and an empathetic approach towards those afflicted with serious mental illness in particular will go a long way in creating a compassionate, inclusive and resilient society.
* Press statement issued by Datuk Dr Andrew Mohanraj, president of the Malaysian Mental Health Association on August 6, 2020.
** This is the personal opinion of the writer(s) or organisation(s) and does not necessarily represent the views of Malay Mail.
