2007 06: Bid to abolish caning for child offenders

The Star online. News. Nation. Thursday June 28, 2007

KUALA LUMPUR: The Women, Family and Community Development Ministry is proposing to amend the Child Act 2001 to do away with the provision that allows the Court of Children to mete out caning to child offenders.

A ministry official who confirmed this said the move was to conform to the International Convention on Children’s Rights, of which Malaysia is a signatory.

Under Section 91 of the Act, the court can order the child offender, if male, to be whipped with a light cane not more than 10 times.

The whipping, however, must be within the court premises and in the presence, if he/she desires to be present, of the parents or parent or guardian of the child.

The official said the proposal was still at the ministry level and once completed, would be submitted to the Attorney-General.

Yesterday, the Sixth National Conference on Child Abuse and Neglect on Status of Child Protection in Malaysia: Multi-Disciplinary Agency Role organised by the Malaysian Association for the Protection of Children (MAPC) spoke of the abolishment of the provision.

Speaker Dr Farah Nini Dusuki, who is a law lecturer and MAPC vice-president, said that while corporal punishment within the penal system was being reviewed, there were no concrete steps towards abolishing the practice at homes and in schools.

She said Malaysia was not among the 18 countries which had prohibited corporal punishment on children in the home, school and legal institutions.

“Many people view beating with belts or canes by parents at home as a private matter and there is no legal sanction against this unless it results in severe injury.

“In schools, it is mandated by the Education Ministry to be carried out by the principal, assistant and disciplinary teachers.

“But the fact is that teachers themselves are beating students even for the smallest mistakes such as not bringing their books or not standing up straight at school assemblies,” she said.
Dr Farah Nini said that there were alternative ways to discipline children rather then resort to physical punishment, as this could lead to child abuse.