I am concerned about the recent announcement that those who abandon babies, resulting in their deaths, should be investigated under Section 302 of the Penal Code for murder or attempted murder.

The news of many babies who have been found buried, dumped in dumpsters, wrapped in plastic bags and thrown into rivers, have understandably inflamed and outraged us. However, inflamed and outraged sensitivities and misguided good intentions will result in the futures of hundreds of young women to be jeopardised and those of many others victimised.

Decisions such as these must be based on what is best for the welfare of those concerned including the mother, and to see that justice is served for the baby. In dealing with this issue, there appears to be too many policies or emphasis on wanting to punish and too few seeking to help and provide support for those in need.

It is not right for us to focus our anger and frustration on the young women who are themselves victims of Malaysian society’s neglect. Justice must be served and be seen to be served but not this way.

This baby-dumping phenomenon is a direct result of our society’s failure to acknowledge and address the neglect of our children with our blinkered viewpoint of sex, and for allowing our personal religious convictions to dictate public health and education policies over proven and pragmatic approaches on the issue of sexual reproductive health education.

We have created a hostile environment where young women who find themselves pregnant out of wedlock have very few places to turn to for help. We have heard and some of us even support the call for those committing illicit sex to be stoned to death. No government healthcare facility offers abortion services for unwanted pregnancies or even condoms and sexual reproductive health information for unwed couples.

We have been debating for decades on whether or not to provide comprehensive sex education to our children. We forget that they grow up anyhow but without the critical information which allows them to abstain from sex, practice safe behaviour and make good decisions. Somehow we expect them to know all of this and then we delegate that responsibility to others and more often than not depend on blind luck for our young people to know right from wrong, religious and social morals and norms.

We tolerate and, in recent events, have been seen to encourage or force underage or child marriages in the misguided and simplistic belief that marriage will solve premarital sex and baby dumping. The head of KLH Obstetricians and Gynaecologist Department was quoted in a news article (‘Three more cases of abandoned babies’ NST, 14 August)as saying that in many cases of children born out of wedlock, the mothers were below 18 and did not know that they could get pregnant if they had sex.

Reality and pragmatism seem to have no place when dealing with sex. Knowledge and information are withheld to maintain the straitjacket of ignorance, sexual naivety and enforce the misplaced intent to protect and shield. Yet, we have so little tolerance for mistakes made as a result of this closed mindedness and are all too ready to punish those who are products of our neglect.

Obviously, those who dump babies do so out of desperation and are often frightened, young girls. A precious few baby hatch facilities and a helpline recently established will not begin to solve this problem. We cannot get instant results and these measures are merely band aids for a gaping wound which has and will continue to fester regardless.

This ruling to classify baby-dumping as murder or attempted murder will unfairly victimise these girls. This will result in more young women in such circumstances living in fear and because most of them will not be able to afford the necessary procedure, they will increasingly resort to unsafe abortions and take greater risks which may cost them their lives. The men responsible, on the other hand, will often go unpunished and unburdened by the results of their actions.

A person I know of, a young girl of 17, became pregnant out of wedlock last year. Her mother, who was adamant to get rid of the perceived shame, was steadfast in her determination to abort the six-month old pregnancy regardless of the danger to her daughter’s life.

Obviously, the life of her daughter meant less than the family honour. After much persuasion and ensuring the transfer of the girl to a shelter, the pregnancy was brought to term and the child adopted by a new family. She has been able to continue her education and her future.

However, she could have easily been one of the girls who secretly gave birth and dumped the baby. The father of the baby? His worry ceased when no pressure was exerted on him to be responsible.

This focus and determination to punish seem to be due to self righteousness and blood lust. Policy decisions such as this must be based on evidence and research which have proven that punishing the perpetrators of such a crime with such severity will not result in an actual deterrence.

We are reaping what we have sown. As a result of our continued flip-flopping on the issue of sexual reproductive health and our inability to summon the courage needed to provide relevant services for unwed women and men which we have long known to be right and necessary, we are sacrificing them on the altar of self-righteousness and misguided ideals.

Ultimately, this measure will not bring the babies back but it will increase the number of victims. Have we done all that we can to help these women before we become judge, jury and executioner?

I appeal to the cabinet, especially to the Ministry of Women, Family and Community Development, to retract this instruction and instead consider strengthening our welfare and social networks to provide improved and pragmatic sexual reproductive services which are open to all.