Govt urged to walk the talk on penal code
The government should 'walk the talk' of wanting to consult the public on its amendments on the criminal procedure code, by firstly revealing the finer details of the draft amendment that is expected to, among other things, broaden the definition of rape, women's groups said today.
The government should 'walk the talk' of wanting to consult the public on its amendments on the criminal procedure code, by firstly revealing the finer details of the draft amendment that is expected to, among other things, broaden the definition of rape, women's groups said today.
So far, the government's practice of consultation has been merely to request the passive input of interest groups, but fail to give feedback on which proposals get incorporated or rejected.
"More often than not, we don't know what proposals get picked up. As such, we urge the consultation process to begin at the drafting stages," Women's Aid Organisation (WAO) executive director Ivy Josiah (photo right) said when contacted on the matter.
Yesterday, de facto law minister Mohd Radzi Ahmad announced that the government would be tabling a motion in Parliament to allow the six-member parliamentary select committee to obtain views from the public on amendments to the Penal Code and the Criminal Procedure Code.
Amendments will be made to laws covering rape, incest, terrorism and hostage-taking, he said.
Under the proposed amendments to rape-related laws, the government will seek to make object penetration an offence, and to impose harsher penalties by doubling the jail term (24 months) and dropping the caning exemption for offenders 50 years old and above.
Josiah, Women's Centre for Change executive director Loh Cheng Kooi, and All Action Women's Society of Malaysia honorary legal advisor Pushpa Ratnam today lauded Mohd Radzi's announcement as an 'encouraging step in the right direction'.
Question mark on past proposals
However, Josiah today pointed out that women's groups had, since last year, made a slew of proposals asking the government to overhaul current definitions of rape, incest and domestic violence, as well as investigative and court procedures.
But the lengthy recommendations, delivered under the name of a joint action group task force to review rape and incest-related laws (JAG) in September last year, have received little response from the government.
"We are extremely happy and welcome the move to consult public opinion. But at the end of the day, the question remains whether these proposals are being incorporated. At the moment, the public have no idea what are the contents of the law," said Loh.
The lack of transparency have also resulted in new concerns over the government's choice of words.
Mohd Radzi yesterday announced that object penetration would be cited as "sexual connection by object" and be classified under a new section (377C) of the proposed Penal Code Bill.
"Our concern is over this new definition of 'connection'. Are they trying to depart from the definition of rape as meaning penetration? It seems extremely vague at this point," said Pushpa.
Nevertheless, the groups say that they look forward to participating in the select committee process as a positive departure from past experience when laws are passed without public input.
"It is about time the government includes the views of those working on the forefront," said Pushpa.

