KUALA LUMPUR – A parliamentary special select committee (PSSC) is calling for all children who come into conflict with Malaysian laws to be accorded free legal representation.
This follows the case of a 15-year-old girl in Terengganu whose newborn boy was found dead with stab wounds. She was also allegedly a rape victim and has been detained to assist in the investigation under Section 302 of the Penal Code for murder.
The PSSC on Women and Children Affairs and Social Development said in a statement that free legal representation, from the point of detention until the completion of the criminal justice process, ensures that the rights of children are adequately and fully protected.
It also called on stakeholders in the criminal justice system, including the Malaysian Bar, the Attorney-General’s Chambers, police and the Chief Registrar’s Office, to work together towards achieving such free legal representation for all children in conflict with the law.
This includes the protections accorded to children by the Child Act 2001, including the treatment of children whilst under detention be strictly complied with by all law enforcement authorities.
“The PSCC is concerned that in this instance, the first action of the relevant agencies seems to have been to detain the child under remand while the child was still in the neonatal ward, for investigation for murder, without a comprehensive psychological assessment or social welfare report being carried out – and without her being accorded the benefit of any legal representation, or psychological assistance,” it said in reference to the Terengganu case.
“The PSCC takes note that the girl at 15 is the survivor of statutory rape and neonaticide or the killing of a baby by its mother within 24 hours of its birth is infanticide. Infanticide should be classified under Section 309A of the Penal Code instead of Section 302.
“Unlike murder, infanticide is a bailable offence under the Penal Code.”
It added that research indicates that neonaticide is usually the result of concealed pregnancy and unassisted delivery.
“Between 2010 to May 2019, 1,010 cases of baby dumping have been recorded in Malaysia, in which in 64% of those cases the babies were found dead.”
Aside from free legal representation, the PSSC also suggests that comprehensive sex, sexuality and reproductive education be introduced into school curriculums.
It said children being investigated under Sections 299 to 318 of the Penal Code should be placed under the supervision of a protector under the Child Act 2001 and be given mandatory psychological and psychiatric support.
It also called for awareness campaigns to be revived by the Women, Family and Community Development Ministry to prevent baby abandonment and to offer support and assistance to young unwed mothers.
The PSSC is headed by Datuk Seri Azalina Othman Said (Pengerang) with members Datuk Seri Hasan Arifin (Rompin), Rubiah Wang (Kota Samarahan), Che Alias Hamid (Kemaman), Ahmad Tarmizi Sulaiman (Sik), Fuziah Salleh (Kuantan), Fahmi Fadzil (Lembah Pantai), Alice Lau (Lanang) and Hannah Yeoh (Segambut). – The Vibes, February 12, 2022
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