Sexual harassment now a crime


In support of the 2022 International Women’s Day global collective against discrimination and gender bias, The Star, as chair of the World Editors Forum (Asia Chapter), and in collaboration with its regional media partners, will embark on a year-long initiative to highlight stories that celebrate and promote equality. Go to thestar.com.my for more #breakthebias stories.

KUALA LUMPUR: After more than a decade, the nation finally has laws to protect both women and men from sexual harassment.

The Anti-Sexual Harassment Bill was passed in the Dewan Rakyat yesterday, but not before a ruckus which saw Datuk Seri Tajuddin Abdul Rahman (BN-Pasir Salak) go on a tirade against female MPs and spew an expletive in the House.

ALSO READ: Dewan Rakyat passes Anti-Sexual Harassment Bill

Still, the passing of the Bill, first mooted in 2011, was hailed by female MPs.

“This law is for all Malaysians.

ALSO READ: Lauding tougher action against sexual crimes

“It shows the government’s commitment to prevent sexual harassment for both genders,” Women, Family and Community Development Minister Datuk Seri Rina Harun said.

Although the law is seen as protection for women, she said the law would also apply to men.

ALSO READ: Furore in the House during debate

“The laws cover all individuals irrespective of gender,” she said, adding that any uncalled behaviour in any form, be it verbal or non-verbal, visual, signal or physical directed towards another person and offends, disrespects or harms their well-being, is categorised as sexual harassment.

For those who get victimised for revealing outfits, Rina said it could fall under the category of sexual harassment and be referred to the tribunal.

ALSO READ: Dr Wee shares photos of Dewan Rakyat before Anti-Sexual Harassment Bill debate

Under the law, those found to have committed sexual harassment may end up paying their victims compensation of up to RM250,000 or be jailed for two years.

Apart from being ordered to make restitution, an offender will also be required to issue an apology.

ALSO READ: Shouting match in Dewan Rakyat during Anti-Sexual Harassment Bill debate

If the sexual harassment is done in public, the offender will have to make a public apology.

Rina said companies would also be required to display anti-sexual harassment posters or materials in the workplace.

“We have also agreed to increase the penalty from RM10,000 to RM50,000 for companies which fail to act against incidents of sexual harassment in the workplace,” she added.

She said an action plan had been drafted to implement the law once it is gazetted.

A 12-member Anti-Sexual Harassment Tribunal, comprising former members of the judiciary or experienced lawyers, would be set up for the purpose.

“For a start, the tribunal will be in the Klang Valley. But it can hear more than one case, which can be held at any venue,” she said.

She said both the complainant and the accused would have the right to be present during proceedings.

“A victim will have the right to legal representation,” she said.

“This right is extended to the accused if the victim engages a lawyer. However, this will only be for cases involving complex legal issues.”

Rina added that an award made by the tribunal would be akin to a court order, with appeals to the High Court for a judicial review allowed on serious breaches of procedure.

She said the tribunal would also have the power to reject complaints that were frivolous and those wrongly accused could lodge a criminal defamation report.

The proposed law is in line with the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw) and Article 8 of the Federal Constitution on gender equality.

Datuk Seri Azalina Othman Said, who was instrumental in seeing the law tabled in Parliament, described it as a historic occasion for the nation.

The Pengerang MP, who chairs Parliament’s bipartisan special select committee on women, children’s affairs and social development, stepped in to defer passing the law in March to avoid the House “passing a half-baked law just for the sake of passing a law”.

The Bill was tabled by Deputy Women, Family and Community Development Minister Datuk Siti Zailah Mohd Yusoff for its first reading in the Dewan Rakyat last December.

It was supposed to have been passed during the previous Dewan Rakyat meeting in March but was deferred to allow for more feedback.

The Bill, which was further amended yesterday before being passed, will now go through the Dewan Negara and will be gazetted for enforcement after it receives royal assent.

Subscribe now to our Premium Plan for an ad-free and unlimited reading experience!
   

Next In Nation

Bukit Aman will not compromise when it comes to rogue personnel
Body of missing Bangladeshi port worker found at Tanjung Pelepas
Perak to build non-radioactive rare earths element lab, says Saarani
Country's subsidies expected to surpass RM81bil this year, says PM
MA63: PM thanks Sabah Pakatan for withdrawing suit
KL police will continue traffic law compliance operation
Barisan to give its all to win in Pelangai, says Dr Wee
Padi farmers are still getting RM1,700 per tonne, with RM500 subsidy, says Mat Sabu
Haze: Only Sarawak records unhealthy API readings on Oct 4
M'sia has sent letter to Indonesia over transboundary haze issue, says Nik Nazmi

Air Pollutant Index

Highest API Readings

    Select State and Location to view the latest API reading

    Source: Department of Environment, Malaysia

    Others Also Read