Punitive measures will not remedy mental health issues: Azalina

KUALA LUMPUR – Criminal punishment is not the answer to mental health problems, according to law minister Datuk Seri Azalina Othman Said.

She said this in reference to the current criminalisation of attempted suicide, adding that the nation’s laws are archaic.

“Suicide attempts are criminal offences that were imported by British colonisers through the Indian Penal Code,” she said in her speech in an institutional reform workshop at the Asian International Arbitration Centre here today.

“The UK has repealed the offence in 1961, but Section 309 of the Penal Code remains in our laws.

“Criminal punishment is not the answer to mental health problems, which is why I am committed to reviewing that section of the Penal Code.”

Other laws are set to be reviewed, including the Contract Act 1950, Civil Law Act 1956, Evidence Act 1950, and the Defamation Act 1957, to ensure that they stay relevant to the development of science, technology, and current needs.

Azalina also said that the amendments are to avoid unwanted interpretations of the law, which could lead to disharmony in the nation.

“Words are powerful. Terminologies in law can shape the general perception and influence society’s behaviour towards an issue.”

“If legislation terminologies have a negative connotation, they may lead to stigma and societal discrimination towards certain communities.

“For example, words such as ‘dumb witness’ and ‘idiot’ are still used in the Evidence Act and the Penal Code.”

She is also looking to table the repeal of the mandatory death sentence in the upcoming Parliament session in February, with hopes to reinstate the court’s discretion to determine appropriate punishments.

Nonetheless, she added that the amendment suggestion does not imply that the government will be “soft on crime”.

Another aspect to be addressed is the reevaluation of the Legal Aid Department and the National Legal Aid Foundation to improve service quality and citizens’ access to justice. 

As such, suggestions to establish Ombudsman Malaysia, an independent body that deals with public complaints against government agencies, will be taken into consideration, which Azalina said is in line with the unity government’s agenda of transparency and institutional integrity.

She added that the workshop being held today is to hear the opinions and suggestions of attendees, which include stakeholders, NGOs and CSOs, towards potential law amendments to be presented in upcoming Parliament sessions.

“We want to reevaluate the outdated laws, but I do not want to have the ‘government is always right’ approach. 

“This is why we have the engagement today: to hear the voices of stakeholders that want to address certain issues.

“Our (the government’s) hope is to listen, research, and assess (the suggestions) so that we can manage our short- and long-term strategies when presenting them in Parliament.” – The Vibes, January 17, 2023