Bridging the gender equality gap

AN interesting discussion was raised in the recent Federal Court decision of Mohd Helmi Anuar Mohd Kassim v PP & Other Appeals on the issue of whether the imposition of judicial whipping on male offenders below the age of 50 while female offenders are exempted from such punishment constitutes discrimination on the ground of gender and therefore contrary to Article 8(2) of the Federal Constitution.

The majority decided that while Article 8(2) prohibits discriminatory treatment, “it does not prohibit a preferential treatment of women which is a positive measure in their favour.”