More leniency and psychological care needed for girl charged with killing her baby
CALLS have grown louder for more leniency and psychological support to be given to the girl charged with murdering of her newborn child in Terengganu.
Selangor Bar chairman Kokila Vaani Vadiveloo says the 15-year-old must be referred to a doctor for a mental health assessment as she is believed to be a victim of rape.
“The girl’s murder charge and the allegation that she was raped are two separate matters to be determined.
“Regardless, she is still a child dealing with serious circumstances and is in need of psychological care immediately,” she says, pointing out that no bail was granted to the girl in her murder charge.
The teenager was charged at the Magistrate’s Court in Kemaman, Terengganu, on Tuesday with killing her baby on Feb 8.
After her arrest on Feb 8, the girl lodged a police report that she was raped.
The Attorney General’s (AG) Chambers said in a statement that the girl will be treated according to the Child Act 2001. It also said her murder charge can be reviewed based on developments.
Child Rights Innovation and Betterment Foundation co-chairman Ajeet Kaur says the girl must be accorded protection under the law.
She also points out that the girl could have been charged with infanticide which is punishable by imprisonment, compared with murder which carries the death sentence.
“The AG has the option of charging the child with infanticide under 309A of the Penal Code – however, this was not done.
“No doubt the AG has unfettered discretion to charge the child under Section 302 for murder.
Ajeet says they urge the AG to exercise his powers under section 342(5) of the Criminal Procedure Code and send the child to a psychiatric hospital for observation for one month.
Currently, the punishment for infanticide under Section 309B in the Penal Code is a maximum jail term of 20 years and a fine.
Ajeet, who is a child rights advocate, says as far as possible children should be kept away from prison and lock ups which are not designed for them.
In any event, given the girl’s age, she is obviously a victim of statutory rape, points out Malaysian Bar president AG Kalidas.
Under the law, sex with a girl below the age of 16, with or without her consent, is considered statutory rape.
“The Malaysian Bar respectfully recommends that the prosecution reassess the charge leveled against the girl, taking into consideration the age of the child and the clearly distressing circumstances of this case.
“The girl is likely to have suffered an appalling mental and emotional state as a result of her ordeal,” he says in a statement.
Kalidas further adds that it’s also worth considering whether this case ought to be taken through the criminal justice process at all, he says.
“Some children may be better served by a process of “diversion” where, instead of being criminalised, they are rehabilitated through a non-criminal correctional and rehabilitative system,” he explains.
He adds that child rights advocates in this country, including the Malaysian Bar, have made repeated suggestions about such a system to avoid having children enter into the criminal justice system which would mark them as criminals for the rest of their lives.
“The Malaysian Bar expresses our readiness to work with the government and other institutions in our collective aspiration to ensure the protection of the rights of children and, where required, offer free legal representation for all children in conflict with the law, without any discrimination,” Kalidas says.
Women’s Aid Organisation head of campaigns Abinaya Mohan echoes the call for psychological support and access to free legal aid for the girl, as it is the least the government can do.
She says 41,083 teen pregnancies were recorded between 2017 and 2021, based on a report quoting Women, Family and Community Development Minister Datuk Seri Rina Mohd Harun.
“This has severe, long-lasting consequences for girls, including a perpetuated cycle of poverty, child marriage and an increased vulnerability to abuse.
“Such a staggering number requires immediate attention from the authorities and a thorough evaluation of welfare structures and resources for girls who need them most,” she says.