Section 309 Repeal to Remove Criminal Charges for Suicide Attempts Expected by April

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Malaysia is on the verge of decriminalising suicide after years of advocacy from mental health campaigners. The government plans to table an amendment bill to repeal Section 309 of the Penal Code in the current Dewan Rakyat meeting. Section 309 currently carries a penalty of up to one year’s imprisonment, a fine or both for attempted suicide, but this may soon be removed.

During Question Time, Deputy Minister in the Prime Minister’s Department, Ramkarpal Singh, assured Bandar Kuching MP Dr Kelvin Yii that the government intends to table the bill for debate and passage during this parliamentary session. Yii has been pushing for decriminalisation and emphasised the importance of providing health and psychological support for people who attempt suicide.

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Previously, Health Minister Khairy Jamaluddin stated that Malaysia saw an 81% increase in suicide cases in 2021, with 1,142 cases, compared to 631 in 2020. In the first six months of 2022, there were 467 reported suicide cases. The legislators advocating for decriminalisation met Ramkarpal last December to lobby for the move.

Ramkarpal also stated that the Mental Health Act 2001 needs amending since it presents challenges in defining people who attempt suicide. He explained that for enforcement officers, such as Bomba and the police, to rescue individuals who attempt suicide and take them to the hospital for evaluation within 24 hours, the Mental Health Act’s definition of such individuals must be clear.

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