THE current federal government must make the progressive and fundamental move to end its archaic suicide law and decriminalise attempted suicide in Malaysia to ensure these individuals are given the necessary therapy and support needed, and not treated as criminals.
This is the main point of discussions in our meeting with Deputy Law Minister Ramkarpal Singh, together with Michelle Ng and Lim Yi Wei and Miri Hospital psychiatrist Dr Ravivarma Rao Paniselvam.
We received a positive response as well a commitment that this important matter will be pursued to properly address this issue.
Such reforms and amendments are not new, with more than 60 countries all around the world including the United Kingdom, Singapore, India, New Zealand, and many more that amended their laws to ensure they are given medical help and support rather than being criminalised and thrown into jail.
In October 2021, then deputy health minister II Datuk Aaron Ago Dagang told the Dewan Rakyat that the move to decriminalise suicide has started but requires some adjustments to the Penal Code.
In March 2022, it was announced that the proposal to amend the Penal Code and decriminalise attempted suicide was still being studied by the Attorney-General’s Chambers.
Based on recent data from the ministry, from 2018 until June 2021, there are a total of 902 cases of attempted suicide that had been prosecuted in court.
Not only is this a waste of court resources, but it may also serve to aggravate a problem as serious as suicide.
The very existence of such archaic laws perpetuates the stigma surrounding suicide, which then discourages at-risk individuals from seeking help during crisis, increasing their likelihood of committing suicide.
The current law is “very damaging” to someone who is already feeling vulnerable, and may exacerbate the problem, as it pushes individuals to choose more violent and irreversible means of harming themselves to ensure that their attempt is successful to avoid prosecution should they survive.
The criminalisation of suicide does not save lives. There is no evidence that criminalising suicide acts as a deterrent.
Instead, it can have a very negative effect by further perpetuating the stigma surrounding suicide, discouraging at-risk individuals from seeking help during crisis, and marginalising people from trying to access the much-needed help from mental health services.
Furthermore, criminalising suicide does not address the underlying factors such as poor mental health and arduous living conditions which drove the individual to attempt suicide in the first place. This is evidently seen more during the Covid-19 pandemic.
That is why the government must acknowledge the complex interaction of risk factors leading to suicidal thoughts and behaviours, causing them to miss the urgency of amending the law and protecting vulnerable Malaysians from unjust prosecution.
This has to stop, and tangible steps must be expedited.
For this reason, we urge that the current federal government take this as a matter of priority, possibly bringing the amendments to the House and tabling them by the next parliamentary session.
In the meantime, a moratorium on all prosecutions for suicide attempts must be declared immediately, and a national suicide registry must also be set up immediately to formulate targeted measures to be taken to address the rising suicide rate.
We are aware that the delay in decriminalisation is due to views that enhancements are needed in the law after Section 309 is repealed, and that all these must be done in the same parliamentary sitting.
We take the view, however, that these enhancements can come after. The repealing bill can be tabled first. This is because attempted suicide charges are still being brought as studies on the substituting laws are being done.
Should there be any concerns in there being a lacuna upon repeal, the government can instruct, administratively, for police to invoke its powers under Section 10 of the Mental Health Act 2001 in cases of attempted suicide to admit the person into a psychiatric hospital.
We must now ensure our legislation develops alongside our progressing society to build a nation where individuals can seek help for their mental health challenges without fear or hesitation. – The Vibes, December 23, 2022
Dr Kelvin Yii is Bandar Kuching MP, Michelle Ng is Subang Jaya assemblyman, and Lim Yi Wei is Kg Tunku assemblyman
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