KUALA LUMPUR – The Human Rights Commission of Malaysia (Suhakam) has expressed concern over the government’s plan to amend the Shariah Courts (Criminal Jurisdiction) Act 355 to introduce stiffer punishments on members of the lesbian, gay, bisexual and transgender (LGBT) community.
In a statement, Suhakam said it is against any form of torture, inhumane and degrading treatment towards offenders in the proposed amendment of the law.
It said that Act 355 now provides that shariah courts are empowered to impose maximum sentences of imprisonment not exceeding three years, any fine not exceeding RM5,000, or whipping not exceeding six strokes, or any combination thereof, for offences under the Islamic law.
“Over the years, Suhakam has called for the repeal of corporal punishment in all laws, both civil and shariah, to be in compliance with international human rights standards,” it said.
For instance, the imposition of the punishment of whipping on female offenders under state shariah enactments violate the equality provision (Article 8) of the federal constitution, which exempts female offenders from whipping for federal offences, it said.
Suhakam said that all individuals, regardless of their sexual orientation or gender identity, should have the same fundamental rights as enshrined in the constitution, including their right to privacy and to live with dignity.
It noted that the government had responded in Parliament in November last year, saying the proposed amendments to Act 355 will be further discussed with states early this year.
“In this regard, Suhakam calls upon the government to reconsider the proposal to amend Act 355 and ensure that it is in line with international human rights standards.”
It recommended the government adopt a more compassionate approach by respecting human rights through continuous dialogue and awareness-raising programmes with relevant stakeholders. – The Vibes, January 21, 2021
