Rape: Time for govt to show some spine
Each time our arrogance gets the better of us, we think we can solve any problem or solution that comes our way. However, this fallacy remains just that - a myth.
One example where such mistaken belief exists seems to be prevalent in the manner in which laws to fight crimes in the country are created. The laws somehow seem to "correspond" the one-size-fits-all notion held by lawmakers.
Well, looking at the severity of criminal happenings in the country, it is time now that a new approach is taken to tackle crimes effectively.
Let us look at just a few of the impending changes that non-governmental organisations have been fighting for.
NGOs, in particular women's groups, have been calling on the government time and again to review some of the existing laws to tackle crimes like rape, domestic violence and sexual harassment effectively.
Women's groups in the country went so far as to prepare a memorandum detailing the changes that need to be made to some of the prevailing laws on rape. The response from the government has been typical - we will look into it! Meanwhile, sexual violence abounds.
Each time our arrogance gets the better of us, we think we can solve any problem or solution that comes our way. However, this fallacy remains just that - a myth.
One example where such mistaken belief exists seems to be prevalent in the manner in which laws to fight crimes in the country are created. The laws somehow seem to "correspond" the one-size-fits-all notion held by lawmakers.
Well, looking at the severity of criminal happenings in the country, it is time now that a new approach is taken to tackle crimes effectively.
Let us look at just a few of the impending changes that non-governmental organisations have been fighting for.
NGOs, in particular women's groups, have been calling on the government time and again to review some of the existing laws to tackle crimes like rape, domestic violence and sexual harassment effectively.
Women's groups in the country went so far as to prepare a memorandum detailing the changes that need to be made to some of the prevailing laws on rape. The response from the government has been typical - we will look into it! Meanwhile, sexual violence abounds.
Infamous bureaucracy
The NGOs deserve an applaud for they display, to an extent, the will power to initiate the necessary changes in the law to make it more people-sensitive.
The task is never easy bearing in mind the infamous bureaucracy that saddles government departments. In the case of the Memorandum on Laws Related to Rape (drafted by an ad-hoc group of women NGOs), it serves as a blueprint for the government to refer to when initiating changes to the current laws.
However, each time the government decides to talk about re-looking the existing laws, no minister takes it upon himself or herself to bring up the matter concerning the memorandum, of how much of an effort it has saved the government in terms of justifying why a particular law needs to be changed.
The memorandum, while not perfect, does take a big load off from the policy-makers' shoulders in providing detailed clarification on why Section 375 of the Penal Code (calling for a wider definition of rape) needs to be amended and why marital rape needs to be recognised as a crime.
Then there is the Child Act 2001 which will be amended to hold individuals equally responsible in reporting child abuse cases to the authorities. Previously, the Act, aimed at providing care and protection for children below the age of 18, only required child-care providers, doctors and welfare officers to report child abuse cases.
But still, with such an Act in place, there are still some doctors who refuse to report a suspected child abuse case to the authorities. What action has been taken on such doctors? None.
Just how will the amended Child Act be effective in tackling the issue of child abuse remains to be seen. But it is hoped that the amendments are carefully thought out because they are put in place.
If the laws are to be put in place, make sure they serve their true purpose and are not simply propaganda efforts by the government.
No political will
While the women's groups have done their job, albeit it being arduous, the same cannot be said of the government, which time and again, has displayed no political will in wanting to make changes to some of the country's antiquated laws.
Prime Minister Abdullah Ahmad Badawi, troubled with the spate of rapes, rape and murder and child abuse cases taking place in the country, recently announced that the government will propose several amendments to the present laws governing rape and murder.
The PM's concern is shared by his conscientious rakyat. Yet, the worry is that at the end of all the talk, the necessary amendments made might come with flaws, as like in the case of the Domestic Violence Act 1994, which is silent on the issue of marital rape as a crime.
Just as important is for attention to be paid to calls made by women's groups for the need to have a Sexual Harassment Act in place as the current voluntarily-implemented Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace has shown to be ineffective.
The code was introduced by the Human Resources Ministry in 1999 in a response to calls made by women's groups that more protection for women at work be provided.
A study by two women's groups, the All Women's Action Society and Penang-based Women's Centre for Change found that the code failed to create awareness on the seriousness od sexual harassment at the workplace. Not only did a majority of employers refuse to adopt the code, for those who did, they never bothered to inform their employees of such a code.
Why the plateau?
Has the government's effectiveness reached a plateau, if its inability to take pro-action in dealing with pressing issues of the country is anything to go by?
Hopefully Pak Lah's assurance to the NGOs and the public of their voices being heard will translate into dedicated actions to counter the frightening social scenario in the country.
We know that Rome, Taj Mahal and the pyramids were not built in a day. But they did get built, because the 'masters' of that time had the political will to get things moving.
For Malaysia, eradicating crime is going to be a long-term effort, but with a serious commitment coming from the government agencies, crimes can stand to see a big dip if the much-lacking political will is applied.
JJ RAY started her career with a mainstream publication. A non-conformist, she soon saw the barriers that went up whenever, through her writing, she tried to make the world a home for one and all.


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