Fifty years of independence is something that we should be able to take pride in. But recent abuse conducted by authorities makes me doubt if we actually do have any of the freedoms associated with Merdeka.
One such troubling incident was the violent assault on Ayu, a 44-year old male-to-female transsexual in Melaka, by three enforcement officers from the Melaka Islamic Religious Affairs Department (Jabatan Agama Islam Melaka, JAIM) on July 30. Even if Ayu committed a syariah offence, a mark of a civilised and democratic society is due process. Government officers should not be taking laws into their own hands and enforcing punitive treatment prior to charges or detention.
According to our constitution – the supreme law of this country signed upon our independence – ‘no person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed’ (Article 7).
What does this mean when the alleged offence that carries a maximum RM1,000 fine with six months imprisonment includes being seriously assaulted to the point of hospitalisation even prior to being charged?
This displays a disturbing kind of arrogance and cruelty by government officials towards Malaysians who are not only invisible but marginalised in all aspects of this nation; and a kind of disregard towards the highest law of the land that we have struggled for towards our independence.
If we cannot demonstrate the most basic and fundamental forms of respect for the rights of all people in this land – especially to those who have relatively less power – then there is really nothing to celebrate this Aug 31.
No. 48, Jalan Kemuja, Bangsar Utama 59000 Kuala Lumpur, Malaysia.
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