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Section 309: Is Suicide A Disease Or A Crime?

How do we undo the stigma?
Editor
16 Jul 2019, 05:38 PM

section 309: is suicide a disease or a crime?

Many may think the number one cause of death on the planet right now is heart attack. But fact is, suicide is the epidemic of the modern society.

20 of 68 people who call Befrienders Kuala Lumpur daily suffer from suicide ideation. The number of people needing help with suicidal thoughts had seen an increase by 16% from 21,256 in 2015 to 24,821in 2016. 

These stats alone is a glaring sign that this stigmatized ‘social ill’ is not only given the attention that it deserves, but the society we live in operates in a fundamentally aphetic state, where the plight of its weakest members is ignored.

Suicide is proven to be more prevalent among the older generation in all other parts of the world. However in Malaysia, suicide is more common among the younger crowd. 

According to Ardy Ayadali, Befriender’s KL’s publicity director, suicide is the second leading cause of death among youths between the ages of 15 to 29 in Malaysia. As the younger generation prefers to write, it is more common for the Befriender’s team to receive suicidal emails from the younger generation while older people choose to call in.

Despite what the stats say, suicide is a crime in Malaysia. The Penal Code Section 309, reads: “Whoever attempts to commit suicide, and does any act towards the commission of such offence, shall be punished with imprisonment for a term which may extend to one year or with fine or with both”

Though not widely reported by the media, it is not uncommon for those who attempt suicide be brought before the magistrate’s Courts.


In September 2016, Bernama reported that a 59-year-old man was charged in court for attempted suicide after being rescued by the Fire and rescue Department from the ninth floor of the balcony of his condominium.

In May 2012, a Somalian was sentenced to two months' jail for attempting suicide after he tried to stab himself with a knife.
Every now and then, there will be news of individuals attempting to jump off the Penang bridge, up to a point where the Star newspaper ran an interview of a tow truck service runner, Tan Chin Leong, who have rescued a significant number of people who tried to leap off the bridge.

Although no man is above the law, the time has come for us to question ourselves as a society. Is this law fair?

University Malaya Medical Centre (UMMC) consultant psychiatrist, Muhamad Muhsin Ahmad Zahari, was quoted in an online portal saying that it takes sometime for an individual to have suicidal thoughts as individuals seldom take an abrupt decision to end their lives.


“Most of the time, all they want is to end the emotional pain that they are feeling. And when nothing else works, suicide comes to mind. Depression is the most common trigger,” says Ardy Ayadali on the matter.


According to experts, another major trigger for suicide ideation is broken relationships. However, the effects of this don’t last forever with most cases reporting a recovery from suicidal tendencies. 
In most of such cases, the symptoms begins with self harm, with experts reporting most teens resorting to this method as a way out of their personal pain. Hence it is a worrisome trend as some may resort to suicide after prolonged episodes of self-harm.

Universiti Kebangsaan Malaysia Medical Centre consultant child and adolescent psychiatrist Assoc Prof Dr Fairuz Nazri Abd Rahman said a 2014 study titled ‘Completed Suicides and Self-Harm in Malaysia: A Systematic Review’ stated that the prevalence of suicide in Malaysia was six to eight per 100,000 population per year.


She said in developing countries like Malaysia, the highest suicide rate was found among the young (below 30) while married women were also at higher risk.

Meanwhile, World Health Organisation (WHO) recorded 800,000 suicides worldwide every 40 seconds.

Prosecute or counsel?

Numerous stories pertaining to stigma on suicide have quoted individuals such as Befrienders Malaysia president Ganga Dara and Associate Professor Dr Muhammad Muhsin Ahmad Zahari at the UM Specialist Centre.

Ganga said those who attempted suicide need counseling because they are already in a negative state of mind.

Dr Muhsin stated that individuals who attempted "self-murder" should not be treated like criminals because this approach is not helpful since suicide happened due to mental illness such as stress or psychiatric disorder.

With experts sharing similar opinions that it is not right to prosecute someone who attempts suicide, this issue ought to be brought up for discussion by the government and relevant authorities.


Is it necessary to punish someone with jail sentence after they have escaped the death?


Self-help
If you have suicidal thoughts, talk to someone close - be it your family or friends.

Alternatively, contact The Befrienders at 03-79568144 (Klang Valley), 05-5477933 (Ipoh), 04-2815161 (Penang), and 08-8255788 (Kota Kinabalu), or visit their website for more information.

If you notice someone close to you showing signs and symptoms of depression, spend more time to understand their feelings and find out what is bothering them.

The next time you read about someone attempting suicide, don't be quick to judge. Instead, show them compassion.

Source: AskLegal & NST

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