We must not just claim freedom, but practise it
IT’S been nothing short of a war of words since Prime Minister Tun Dr Mahathir Mohamad announced that the controversial Security Offences Act 2012 (Sosma) would be abolished.
He had reportedly said that oppressive laws, especially Sosma, should be repealed. Many have hailed the move as Sosma allows for detention without trial, while others including Opposition leader Datuk Seri Dr Zahid Hamidi have raised concerns over provocation and threats to public order.
Under what many have called a draconian law, individuals can be detained for up to 28 days. Sosma also allows for police officers to deny a detainee access to family or legal counsel for 48 hours after arrest. This is worrying, and rightly so.
In the swirling haze of opinions, however, we must stay focused. It’s easy to get caught in the I’m-right-you’re-wrong crossfire and lose sight of what the debate is all about: why laws exist in the first place.
From my layman’s perspective, legislation is an important part of any functional and progressive government. Laws are in place to guarantee our rights as citizens and ensure protection of the community and country. Within the confines of a good legal system, we can enjoy our freedoms.
However, the line between necessary limitations and oppressive rule is fine. Choosing where we want to stand makes all the difference. If we support a law that allows for detention without trial, we undermine the purpose of the judiciary.
We are also inevitably saying that as a society, it is acceptable for an individual to be detained without providing fair opportunity for defence. This law goes against the concept that one is presumed innocent until proven guilty.
We do need laws that empower the police to responsibly and quickly eliminate threats to law and order. We need a safety net of laws that protects our rights, holds the executive to account and encourages fairness in the administration of justice.
However, if the laws we rely on to protect us deny an accused person the right to a fair trial, we may be hypocrites in our advocacy of a free and just society.
Perhaps the intention behind the introduction of Sosma was good, and I am confident that the authorities have used the law responsibly in the past. However, the law undeniably leaves room for injustice and oppression. Therein lies the danger.
Nelson Mandela said, “To deny people of their human rights is to challenge their very humanity.” If I want to enjoy my basic human rights but sit silently by as others are denied theirs, I am not choosing freedom but selfishness.
Therefore the review or repeal of oppressive laws within our legislative system is a welcome move. I believe it is a step in the right direction toward a Malaysia that is pillared by transparency, fairness and respect for every individual.
As we observe the decisions being made, it is also important to understand that walking that fine line is more difficult than we imagine. Lawmakers are tasked with a responsibility not many of us want to hold. But we can do our part by speaking up for justice and practising a culture of open, mature communication.
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