Legal experts urge reform of archaic laws affecting the vulnerable

PETALING JAYA: In lauding the government’s move to overhaul outdated laws, legal experts want those that are related to children, women, the disabled and freedom of speech to be considered.

Children’s commissioner to the Human Rights Commission of Malaysia (Suhakam) Dr Farah Nini Dusuki pointed out that an archaic law, Section 97(2) of the Child Act, saying that it carries a sentence of indefinite imprisonment for children.

“This is catered for children who commit offences punishable by death.

“But instead of punishing children to death, the sentence will be ‘detention at the pleasure of the Ruler’,” she said.

This provision is arbitrary and does not outline procedures for pardon or release, she added.

“Children who are sentenced under this section are left to languish indefinitely in prison and forgotten by the state,” she said.

Farah Nini was asked to comment on Datuk Seri Azalina Othman Said’s announcement yesterday that more than 3,000 outdated laws will be reviewed to ensure their relevancy.

The Minister in the Prime Minister’s Department (Law and Institutional Reforms) said a list of those laws will be compiled for the Prime Minister’s consideration for further action.

Another law that should be reviewed, said Farah Nini, is the Registration of Criminals and Undesirable Persons Act 1969, which allows the police to keep a criminal record under the Penal Code.

“However, those investigated or convicted under the Sexual Offences Against Children Act 2017 are not in the police records,” she said.

The Association of Women Lawyers said laws in Malaysia should be aligned with the Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw) that has been ratified by Malaysia.

It said the principles of the convention should be adapted locally such as through the legislation of a gender equality law to curb discrimination.

“Similarly, the Convention on the Rights of Persons with Disabilities needs to be localised as well.

“The existing Persons with Disability Act 2008 has not been effective as there is no redress, no penalty and no definition of discrimination,” it added.

Lawyer Fahri Azzat agreed that a review is necessary, given that outdated laws have the potential to complicate situations.

“This is pertinent now when society in the 21st century, in terms of culture, processes or attitudes, is different from that in the 20th and 19th centuries, which were the basis of our laws,” he said.