SO rarely has Section 309 of the Penal Code been enforced that the deputy
inspector-general of police can only recall one instance when it was invoked.
But all this could change now that he seems to be seriously
contemplating activating this once-moribund statute which makes attempted
suicide a punishable offence. This would be a grave mistake. In as much as the
police, like everyone else, should be concerned about the rash of spectacular
attempts at suicide, they should not act with misplaced zeal. The sad truth is
that many more attempts at suicide are made in less public settings and never
make the headlines. This is why it is vital to proceed with extreme caution if
we are serious about developing an effective strategy to prevent suicide.
As it is, with suicide rates having risen by 60 per cent in the past 45 years
according to one estimate, criminalising attempted suicide does not appear to
have had much of a deterrent effect. Admittedly, this could well have been a
consequence of the fact that it has been very much an idle letter of the law.
Nevertheless, we are simply compounding the problem by punishing those who try
to take their own lives. In fact, making them pay a fine or sending them to
prison for failing to successfully execute their intention to die amounts to
cruel and unusual punishment. While there is no simple answer to what should be
done to arrest the growing problem, locking them up does not appear to be an
appropriate solution when prison can make even the certifiably sane feel
suicidal, and would undoubtedly worsen the disorder of the depressed.
Moreover, rather than view suicide as "not your normal crime", it should
properly be addressed as a mental health issue. The suicidal need compassion and
emotional support, not the strong arm of the law, and therapy and counselling,
not time alone in our overcrowded prisons. This is all the more reason why the
questionable statute on the books should not be kick-started but allowed to
gather dust, or, better still, rendered a dead letter of the law. To be sure,
repealing the law is no panacea. At the very least, however, it should no longer
have a deterrent effect of a different kind from that envisaged by the law --
discouraging the vulnerable from seeking professional help. If attempted suicide
were decriminalised, it would erase a legal stigma and remove a stumbling block
in promoting help-seeking behaviour among those at serious risk of inflicting
harm to themselves. You can’t control what another believes because no fellow
human being can truly tell what is going on in the mind of another.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Talk on Intellectual Property Law (10 Feb 2012) Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
Seminar on the Fundamentals of Bankruptcy Proceedings (21 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, the seminar on “The Fundamentals of Bankruptcy Proceedings”, featuring Sanjeev Kumar Rasiah, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 21 Feb 2012 (Tuesday). Click on the link above for more details.
Seminar on the Fundamentals of Conveyancing (24 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Mediation Skills Training Course (29 Feb to 4 Mar 2012) Organised by Bar Council, the Mediation Skills Training Course will take place at 8:30 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 29 Feb to 4 Mar 2012 (Wednesday to Sunday). Deadline for registration and payment is 17 Feb 2012 (Friday). Click on the link above for more details.
Talk on “Land Fraud: An Australian Perspective” (13 Mar 2012) Organised by IGIL, GSGSG and UUM COLGIS, this free talk featuring Quintin George Rozario of Delta Law, Brisbane, Australia, will take place at 9:00 am, at Dewan Seminar A, Pusat Konvensyen, Universiti Utara Malaysia, Kedah, on 13 Mar 2012 (Tuesday). To RSVP, contact Mr Abutt (04-928 4397; abutt@uum.edu.my).