Opinion

Infanticide, not murder – Sarawak Women for Women Society

Mothers accused of killing their infants should be charged accordingly

Updated 4 years ago · Published on 14 Feb 2022 3:27PM

Infanticide, not murder – Sarawak Women for Women Society
When such tragedies occur, the understandable concern for the deceased infant often stops people from considering the distress the mother has been in to have led her to such a desperate act. – Pixabay pic, February 14, 2022

SARAWAK Women for Women Society (SWWS) applauds the statement from the Parliamentary Special Select Committee (PSSC) for Women, Children and Social Development reminding the authorities that when a mother appears to have ended her child’s life within 24 hours after birth that she should be charged with infanticide, not murder, and have access to legal and psychological support.

When such tragedies occur, the understandable concern for the deceased infant often stops people from considering the distress the mother has been in to have led her to such a desperate act.

In the recent case in Terengganu, which prompted the statement from the PSSC, a 15-year-old girl who had just given birth to an infant conceived through rape was swiftly removed from hospital to lock-up as she had allegedly stabbed the child.

This despite the mother being a traumatised child whose own well-being, under the Child Act (2001), needs to be guiding how all authorities respond.

Infanticide is in the Penal Code as it is recognised that such tragic actions occur when a woman is in a post-partum emotional state and usually has given birth in circumstances which are socially stigmatizing and isolating.

Such legislation has a long history. In the UK, it was first enacted in 1922 as it was felt unjust that women driven by social and economic hardship faced the death penalty which was the punishment for murder.

Indeed for almost a century before, the death sentence for women in such circumstances had always been commuted, yet in Malaysia in the 21st century, women and children are still being charged with murder under Section 302 of the Penal Code instead of infanticide under Section 309A.

This needs to change. SWWS calls for clear SOPs to be developed and implemented to ensure that when such traumatic, tragic incidents occur, the perpetrator is charged with infanticide and treated humanely, including immediate access to medical, psychiatric and legal services.

When the mother is under 18, the child protection officer from the Social Welfare Department should ensure the young, traumatised mother is able to reside in a safe, supportive place while charges are being investigated and make recommendations to the judge thereafter.

SWWS also supports the recommendation from the PSSC that children should have access to free legal services whenever they are in conflict with the law. Both of these are in keeping with the guiding principles of the Child Act (2001) of adhering to the best interests of the child as prescribed by the UN Convention on the Rights of a Child to which Malaysia is a signatory.

To ensure such needed change is effectively implemented, training of all parties on the proposed SOPs needs to be incorporated into the plan of action and resources allocated to ensure all so charged before the courts, regardless of their economic background, have the services of a lawyer. – The Vibes, February 14, 2022

Sarawak Women for Women Society is a non-governmental organisation dedicated to the promotion of women’s equality and the elimination of violence against women and children

Related News

Malaysia / 2d

19-year-old charged with murdering student in Kuantan

Malaysia / 1w

Do not hide school safety issues to protect reputation - IGP

Malaysia / 1w

No CCTV at spot where Irene was killed, says Minister

Malaysia / 2w

Malaysians expected to live longer, women to outlive men

Malaysia / 2w

Kuching: Woman gives birth in public bus outside health clinic

Malaysia / 1mth

PKR women’s wing questions Zahid’s stance on political stability

Spotlight

Malaysia

Man kidnapped, tortured, and killed following misunderstanding

Malaysia

'I will never forget taxi drivers who backed me in my hardest times' - PM Anwar

Malaysia

Najib fails to secure stay of 15-year jail term, RM11.38b fine in 1MDB case

Malaysia

Ivana Smit’s mother considers Federal Court appeal after RM1.1m award overturned

Education

Schools in Negeri Sembilan, Melaka to reopen tomorrow as haze conditions improve

Malaysia

Zara Qairina inquest: Investigating officer says final findings showed no suspicious circumstances

Malaysia

Man jailed 8½ years for abusing three-year-old boy, forcing the child to eat faeces

World

Pope Leo XIV diagnosed with lung cancer after successful surgery

Malaysia

More than 3,000 Myanmar refugees set for repatriation after Malaysia secures breakthrough

You may be interested

Opinion

The Malaysia Agreement 1963: Grievances and expectations in Sabah and Sarawak

Opinion

Budget 2027: Making 2027 the year of Malaysian MSMEs through purpose-driven governance

Opinion

The forest before the border