The speakers at the Worrying Trends in Suicide Rates press conference. Above left, Datuk Venugopal
and above right Justin Victor. Below, Datuk Seri M Ramachelvam.
KOTA KINABALU: With worrying trends in suicide rates recently, the National Coalition of Mental Wellbeing (NCMW) reiterated its call for an urgent repeal to Section 309 of the Penal Code (Act 574), as compassionate care-based approach is needed to help persons attempting suicide, not making them as criminals.
Chairperson of NCMW Decriminalization Focus Group, Datuk Venugopal Balchand, said if an individual
attempts to take his or her own life, it is not a crime but it is a desperate cry for help.
“It is not a criminal issue. It is a medical issue. The victim should be taken to a medical institution for urgent
medical treatment. Unfortunately, our current laws treat suicide attempts as a crime. They add insult to injury
and delay or occasionally deny the psychological support and the psychiatric treatment that these poor
individuals so very much deserve.
“The aim of this focus group is to convince the government that the time is now right to repeal Section 309 of the Penal Code. This pandemic has been harsh on a lot of people. With the suicide rates skyrocketing, I think
the time to do something is now. I would like to acknowledge the fact that many NGOs and ministries have indeed worked very hard in the previous years to address this issue. But somehow their efforts had not
borne fruits,” he said.
Venugopal said this during the Worrying Trends in Suicide Rates press conference via Zoom on Tuesday.
He further explained if the Section 309 is repealed, people with mental health issue will be more willing to
come forward to seek treatment and the issue of stigma that associated with mental illness will probably will
be addressed more holistically.
The chairman of Befrienders Kuala Lumpur, Justin Victor who was also one of the speakers at the event,
echoed Venugopal, calling for an immediate action to repeal Section 309.
“Simple clear painful fact, the number (of attempting suicide) is increasing.
“Research shows that every person who has died of suicide, there are about 20 others who have attempted
suicide.
“So, if now we have figures something like four, some say three per day, we are talking about 80 to100 attempting suicides every day.
“Just looking at these numbers, this is an urgent matter. If Section 309 is repealed, this will make it easier for
them to come forward seeking help without having the fear being criminal,” he said.
Co-Chairman, Law Reform and Special Areas Committee Bar Council of Malaysia, Datuk Seri M Ramachelvam who is also a member of the focus group, said the government of Malaysia has stated its commitment to decriminalize attempted suicide, saying it is no longer relevant.
In a written parliamentary reply on December 2020, the Prime Minister’s Department said the government had
via the Attorney General’s Chambers (AGC) taken the initiative to study laws related to attempted suicide and
abetment of such attempts, which are both currently criminal offences in Malaysia.
The Prime Minister’s Department said the AGC had taken this initiative due to statistics up to 2015 showing
the growing number of attempted suicides across all ages, noting that a more holistic approach was
required.
At that time, the first part of this study is at the stage of talks with stakeholders.
It was quoted in the media that the AGC is also considering proposals from stakeholders to remove
attempted suicide from the criminal justice system and place those who have tried to kill themselves in the
healthcare system to receive the appropriate treatment.
“The NCMW applauds the commitment of the government of Malaysia and propose to maintain its
commitment,” he said.
M Ramachelvam and the focus group stated the following steps to be taken:
1. To expeditiously table the relevant legislation in Parliament to decriminalise suicide.
2. Withdraw all pending charges under Section 309 of the Penal Code (Act 574).
3. To impose a moratorium and not proffer any charges under Section 309 of the Penal Code [Act 574].
4. During the moratorium period, to instead utilise the provisions under section 10 and 11 of the Mental
Health Act 2001 [Act 615] (MHA) which empowers the police, social welfare officers and the family to bring a
person who attempted suicide to undergo a psychiatric evaluation at a hospital.
5. Provide for compassionate care-based approach in risk assessment, management and provide compassionate-based care and support mechanisms to those facing mental health issues.
6. To collaborate with mental health professionals and service providers to manage suicide risks.
During the press conference, Batu Kawan member of parliament Kasthuriraani Patto also participated in the
question and answer session by sharing her view, why there are a number of police believe that Section 309
must be still kept in the Penal Code.
“In a conversation with a police about this issue, I was told that Section 309 must be still kept in the Penal
Code because they want to deal with criminals who opt for suicide to escape crime.
“But to me, that is a very small reason compared to those who opt to end their lives now.
“What the people can do now is to remind every MP to look at this issue, because so far the same MPs are
raising this issue and not many others making statements or making noise about it,” she said.
The event was initiated by Rotary Malaysia.
In the closing remark, District Governor Rotary 3300, Datuk Bindi Rajasegaran said the unsettling rise in local
suicides is a national concern, and the Covid-19 pandemic has been a huge contributory factor towards
mental health of individuals.
“The sentencing of persons who have attempted suicide would not lead to a solution, and what is required is
a compassionate care-based approach.
“With suicide being decriminalised, people suffering suicidal tendencies will be more forthcoming, and likely
to seek help without being ridiculed,” she said.
In June 2021, there was an alarming average of four suicide cases every day for the first three months of the
year. In 2020, the total number of deaths as a result of suicide was 631 and in 2019 it was 609.
These numbers are very concerning, and the need to have stronger responses to this crisis is more pressing
than ever.