MIRI: Decriminalising suicide attempts could lead to a greater number of people seeking help, particularly through crisis services such as hotlines and support groups.
According to psychiatrist, Dr Ravivarma Rao Panirselvam, the government is considering several amendments to the current Penal Code (Act 574) and Mental Health Act (Act 615) to achieve this goal.
On April 4, the Minister in the Prime Minister’s Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, tabled three bills for their first reading in the Dewan Rakyat.
These bills were the Penal Code (Amendment) (No.2) Bill 2023, the Criminal Procedure Code (Amendment) (No.2) 2023, and the Mental Health (Amendment) Bill 2023.
The objective behind these proposed amendments, he said, is to abolish Section 309 and expand the scope of provisions while empowering authorities to connect individuals experiencing a crisis with appropriate healthcare services.
“This shift in perspective from viewing suicidal behaviour as a criminal act to a crisis could lead to a more compassionate and effective approach in addressing mental health concerns,” he told New Sarawak Tribune in an interview recently.
Ravivarma emphasised two immediate concerns – decriminalising attempted suicide and establishing a guide within the police force to assist those attempting suicide to care.
He urged lawmakers to consider factors such as the sociocultural context, new scientific knowledge and interventions, the needs of patients and their families, and methods to address the treatment gap.
“Providing sufficient mental healthcare services requires access to resources to people who need them and training for professionals in the mental health field, as well as a working budget and adequate financial resources.
“There is a huge value in empowering the community in reducing stigma, skills in supporting people in crisis and tailoring interventions with the needs of those with lived experience,” he added.
According to him, the proposed changes could help reduce stigma and internal bias associated with mental health issues, leading to more accurate and positive representations in the media and everyday conversations.
“As societal attitudes change, more people might be encouraged to seek help early, decreasing the risk of death by suicide.”
Currently, there is a conflict between the Penal Code (Act 574) and the Mental Health Act (Act 615) regarding the response to suicidal individuals.
Section 309 of the Penal Code mandates punishment for attempted suicide, including jail terms and fines, while the Mental Health Act provides a treatment framework.
Ravivarma noted that evidence indicates such laws are not only ineffective in deterring suicide but may also hinder help-seeking behaviours.
Media reports showed that 11 per cent of those who attempted suicide were prosecuted in Malaysia between 2014 and 2018.
Efforts to decriminalise suicide attempts have been underway for the past decade, involving multiple agencies such as health, law enforcement, and policymakers.
“These efforts have garnered support from civil society, mental health NGOs, and individuals with firsthand experience, resulting in the decriminalisation of suicide attempts in approximately 60 countries worldwide, without any reversals,” he said.
However, despite these advances, certain outdated laws still persist.
He said that the rationale behind these laws is that they supposedly deter suicide attempts. However, there is little evidence to support this claim.
He went on to explain that the World Health Organisation (WHO) recommends decriminalisation as a means of reducing suicide rates in its Comprehensive Mental Health Action Plan, 2013-30, which has been endorsed by all WHO member states.
In light of this, Ravivarma raised doubts the threat of imprisonment would deter someone willing to take their own life, given the lack of strong evidence supporting its effectiveness.
This issue is especially pressing given the mental health statistics in Malaysia.
According to the National Health and Morbidity Survey (NHMS) 2019, the prevalence of depression among adults over 18 in Sarawak was 3.6 per cent, higher than the national average of 2.3 per cent.
Mental health problems among children aged 5-15 stood at 14.1 per cent, also higher than the national average of 7.9 per cent.
The situation has continued to worsen; in 2021, Malaysia recorded 1,142 suicide cases, compared to 631 cases in 2020.
The suicide mortality rate was 5.7 per 100,000 population in 2019, according to the most recent data from the World Bank.
