Caution before abolishing law on suicide

Someone who attempts to take his or her own life is obviously someone who needs help.

MALAYSIA still needs to deliberate if our laws should be changed to decriminalise suicide attempts.

Right now, attempting to take one’s own life is a crime in this country. Under Section 309 of the Penal Code, a person can be jailed up to one year, fined, or both if he/she attempts to commit suicide.

With the increase in suicide cases since the Covid-19 pandemic began, calls to repeal this law have grown louder as such distressed individuals need medical help not punishment.

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However, the government says more consideration is needed before making this move.

“The issue of decriminalising suicide in Malaysia needs to be passed to a parliamentary select committee for public examination and review. Then, it will be up to the government to consider the amendment to the law,” Datuk Seri Dr Wan Junaidi Tuanku Jaafar tells Sunday Star.

As the newly minted minister in charge of Parliament and law, he says this matter was previously brought for consideration before a parliamentary select committee between 2005 and 2006.

“But most people at that time suggested that the status quo remained,” explains the Minister in the Prime Minister’s Department.

The relevance of this law has been questioned when suicide figures began increasing – an average of four suicide cases daily were reported in the first three months of 2021. The number of cases reported to the police have also risen – from 609 in 2019 to 631 last year. Some 468 cases were recorded between January and May this year.

‘Yes’ to no more 309

Many believe the time has come to do away with Section 309.

“It is a low hanging fruit for this government to address, as many are supportive of abolishing the law,” says Datuk Seri M. Ramachelvam, who is a National Coalition of Mental Wellbeing decriminalisation focus group member.

He says the argument against repealing the law is that it acts as a deterrent to prevent suicide.

“But it doesn’t. Studies in Malaysia have shown that it doesn’t work. The time is right to do away with the law as the number of suicide cases and attempts have gone up.

“We need to look at improving mental health in Malaysia holistically, and one way is to decriminalise suicide,” says Ramachelvam, who is also the Bar Council’s law reform and special areas committee co-chairman.

The ideal situation is for Section 309 to be abolished so that attempted suicide is not a crime, while the government can use other existing laws to get help for the individual, he says.

“Provisions under Section 10 and 11 of the Mental Health Act 2001 can be used to empower the police, social welfare officers and the family to bring a person who attempted suicide to undergo a psychiatric evaluation at a hospital,” Ramachelvam explains.

“When you decriminalise suicide, people who need mental health assistance will avail themselves of aid instead of fearing prosecution. Because of the current threat hanging over their heads, some may choose not to seek help,” he says.

He acknowledges that while it is a crime that isn’t widely prosecuted, the fact remains that people are still subject to being charged.

In August last year, an unemployed man was fined RM3,000 by the court for trying to commit suicide by jumping from the balcony of his flat in Kuala Lumpur.

“The Malaysian Bar hopes that the government will take steps to expeditiously repeal Section 309, as it will help save lives. Globally, we should move towards decriminalising suicide, just like other Islamic countries like Egypt, Iran, Turkey and Indonesia.”

Malaysia, Brunei and Myanmar are the only three Asean countries that still criminalise suicide, he adds.

Clinical psychologist Dr Joel Low agrees that attempted suicide should not be a crime.

“Given the struggles we find ourselves in during this pandemic, adding a criminal element to one’s suffering can be akin to rubbing salt into the proverbial wound,” he says.

Dr Low points out that mental health issues are some of the leading causes of a lower quality of life among the population.

“Decriminalising suicide attempts will open up a wealth of opportunities for people to reach for help when they need it,” he says.

Treat the condition

Someone who attempts to take his or her own life is obviously someone who needs help.

Malaysian Mental Health Association president Datuk Dr Andrew Mohanraj says efforts to decriminalise attempted suicide must be done carefully and with the assumption that a person who attempts suicide is likely to be mentally distressed.

“About 95% of those who attempt suicide are likely to have a psychiatric diagnosis. We want people who are suicidal to come forward to seek help rather than be deterred from doing so because they are afraid punitive action will be taken against them,” says Dr Mohanraj, a consultant psychiatrist.

At the same time the law must come down hard on those who aid and abet others to attempt suicide, he adds.

On the impact of being charged for attempting suicide, Dr Mohanraj says hauling the person into court rather than treating the underlying condition will definitely not help the situation.

“Suicide is strongly associated with underlying depression. Such a person’s mental condition may worsen with persisting suicidal thoughts. Ideally, all cases of attempted suicide need to have psychiatric assessment to determine any underlying mental disorder,” he says.

World Suicide Prevention Day is marked annually on Sept 10 as an opportunity to raise awareness of suicide and to promote action that will reduce the number of such incidents globally. One in every 100 deaths worldwide is the result of suicide, according to the International Association for Suicide Prevention.

“Each and every suicide is devastating and has a profound impact on those around them. However, by raising awareness, reducing the stigma around suicide, and encouraging well-informed action, we can reduce instances of suicide around the world,” it says on its website.

Those suffering from problems can reach out to the Mental Health Psychosocial Support Service at 03-2935 9935 or 014-322 3392; Talian Kasih at 15999 or 019-261 5999; Jakim’s (Department of Islamic Development Malaysia) family, social and community care centre at 0111-959 8214; and Befrienders Kuala Lumpur at 03-7627 2929 or go to befrienders.org.my/centre-in-malaysia for a full list of numbers nationwide and operating hours, or email [e-mail].