BY KHIRTINI K KUMARAN

To decriminalise suicide in Malaysia , the Dewan Rakyat unanimously approved the Penal Code ( Amendment ) ( No . 2 ) Bill 2023 on May 23 , 2023 , repealing the archaic Section 309 of the Penal Code , which imposes penalties for suicide attempts . The Bill is also consequential for the amendments to two other laws , namely the Criminal Procedure Code ( Amendment ) ( No . 2 ) 2023 and the Mental Health ( Amendment ) Bill 2023 .

“ We are taking the approach to do away with punitive actions and moving towards rehabilitative measures ,” said Deputy Minister in the Prime Minister ’ s Department ( Law and Institutional Reforms ) Ramkarpal Singh during his speech on the Penal Code Amendment Bill .

“ The rationale for the move to repeal the section included the prevalence of depression and suicide risks ; increase in mental health-related issues and suicide cases ; and the classification of a suicide attempt as an illness ,” he said .

For years , this law has been criticised as archaic and cruel as those attempting suicide should be counselled and given treatment instead of being prosecuted , leading to them becoming more suicidal .

Under Section 309 , a person who attempts suicide can face criminal prosecution , which carries a one-year jail sentence , a fine or both upon conviction .

Ramkarpal said a study published last year found countries that had amended laws to decriminalise suicide had seen a decrease in related cases . It also revealed that treatment rather than prosecution was the best action to address the problem .

Following these latest amendments , those who attempt suicide will no longer face penalties but instead be brought to the hospital for further assessment and given the necessary treatment .

Notably , the abolition of Section 309 is long overdue , as it was first discussed in 2021 by the then-government , but sadly nothing happened .

THE RIGHT APPROACH

The amendments to the Mental Health Act defined the position and powers of crisis intervention officers ( CIOs ) under Section 11 , allowing them to apprehend any person believed to show mental instability and who poses a danger to themselves , others or property .

CIOs will have the power to break into premises to rescue people who are attempting suicide , and such actions are to “ save ” them rather than to arrest them .

Currently , agencies listed as CIOs include the police , firefighters , auxiliary firefighters , volunteer firefighters , civil defence officers , Malaysian Maritime Enforcement Agency

Ramkarpal

Anita Abu Bakar

Datuk Dr Andrew Mohanraj

Dr Mohd Faiz Md Tahir

officers and welfare officers .

Ramkarpal remarked that medical officers were not included , as it would jeopardise patient-doctor relationships and confidence and elevate the stigma against mental health patients . While no criminal charges can be filed against CIOs for their break-ins , victims may file a civil case against them for any cost implications or alleged abuse of power , he added .

POSITIVE RESPONSE TO PASSING OF BILLS

Mental health groups and advocates welcomed and lauded the historic move , including the Malaysian Mental Health Association ( MMHA ) and the Mental Illness Awareness and Support Association ( MIASA ).

MMHA president Datuk Dr Andrew Mohanraj said : “ Decriminalisation of suicide also means that it leads to more open discussions about the topic , which is traditionally considered taboo . In cases of suicidal attempts and completed suicides , the family is also affected .

“ They will also bear the burden of the stigma surrounding the suicide of their loved ones . Recognising that severe psychological decompensation is the main cause of a suicidal attempt means that the focus can be on the root cause , with the criminal element out of the way .”

He highlighted an important fact about the propensity of suicide .

“ Previous suicidal attempts are a strong indicator of further attempts . By decriminalising suicide and diverting suicidal persons from the criminal justice system , they can get immediate treatment , potentially saving a loss of precious life to suicide .

“ We are glad the provisions under the Mental Health Act to come down hard on those abetting suicide have been retained . The introduction of CIOs is particularly relevant in this regard .”

He assured that there was no evidence to suggest that decriminalising suicide would lead to more attempts .

“ On the contrary , there are studies indicating the increase in the number of suicidal persons reaching out to get mental health support in the context of a suicidal attempt no longer considered a crime ,” added Dr Mohanraj .

Psychiatrist and IIUM lecturer Dr Mohd Faiz Md Tahir said : “ The amendments to the act would provide better support for individuals in mental health crises and empower CIOs to act and help those attempting suicide .

“ It would also foster effective collaboration between CIOs and mental health professionals , ensuring individuals in mental health crises receive necessary assessment and treatment .

“ The amendments reflect a shift towards a compassionate approach , replacing punishment with mental health support .”

CRISIS INTERVENTION TRAINING IS KEY

MIASA president and founder Anita Abu Bakar voiced her concern regarding people

in crises who will continue to be forcibly detained and restrained in violation of their human rights and will not be supported with empathy , care , and compassion .

“ These individuals are not criminals but people in deep crisis and need help , treatment and support . As a mental health organisation that advocates for a rights-based approach to the treatment , support , and recovery of those struggling with mental health challenges , we strongly urge that the rights of people in crisis be respected .”

As such , she emphasised CIOs must be trained to assess the situation with care and compassion and to empathise with the needs of the individual by understanding the circumstances that lead the person to consider self-harm or suicide attempts .

“ The officer handling the situation needs to understand that the goal is to help and support the person in crisis and keep them safe for now ( a term coined in the suicide intervention training ), not to arrest or detain them in a psychiatric hospital simply .

“ These long-standing misperceptions and actions do extreme harm , exacerbate the person in crisis , further weaken them , rob them of their recovery , and keep them silent .

“ These people are unwell , whether they are struggling with suicidal thoughts that are extremely complex or struggling with mental health conditions that can be extremely debilitating and painful , especially if treatment , help and support are not offered , not to mention the prejudice that comes with it .”

She highlighted specialised training and seminars , such as the Mental Health First Aid ( MHFA ) and Applied Suicide Intervention Skills Training ( ASIST ), to help one know what can be done regarding suicide intervention , prevention , or suicide first aid .

Dr Mohanraj echoes the same sentiment on the importance of crisis intervention training .

“ Training should include techniques of de-escalation of the acute crisis , the technical ability to control the person and take the person into care by transporting the person to the most appropriate health facility .

“ They must be trained to restrain the person in the least restrictive manner and