By Michelle Ng
This 2023, I hope to finally be able to see the archaic law which criminalises attempted suicide in Section 309 of the Penal Code repealed. This law further stigmatises issues relating to mental health, and discourages people from seeking help.
The following is an account of the first case I handled, which led to our advocacy on the subject.
Those who are suffering need help. They are not criminals.
Trigger warning: suicide. You may choose if you’d like to read on but we would advise against doing so should the subject matter cause you distress. If you have been distressed after reading, please seek help by calling the helplines at the end or with your nearest healthcare provider.
I remember this case oh-so-vividly.
It was 2018, not too long after GE14. It was a Tuesday. We had service night. I was in the office seeing a resident and saw a call on my phone from the head of Subang Jaya’s Fire Department. I didn’t pick up the call as I was attending to an issue.But he called again. I knew then that it was urgent. I picked up.
“YB I need your help.””You need my help? I am the one who’d usually ask you for help.” “Yes. It’s urgent. We’re handling an attempted suicide case now and need help with communication in English or Chinese. You’re the only one who we feel the young victim can identify with and who would be calm enough in this situation.” “But I am not trained.” “We don’t have a choice.”
I dropped everything and went over. Negotiations took a long time. 3 hours, I recalled. The place was dark and dangerous. Dangerous enough that based on the firemen’s assessment, rescue efforts had a 50-50 chance of success. Those 3 hours was emotional. The person and I talked about issues surrounding family, friends, studies, stress. I tried to convince that person that life is worth living and that this too, shall pass. We were talking with a wall between us. It was dark. I didn’t know what was going on on the other side. Suddenly, I heard a thud. The person’s family members squealed. I thought the worst had happened. My heart sank.
Sounds of a scuffle followed after the thud. “Dia okay! Dia okay!” I heard the firemen shout. They were able to save the person. Thank God. But that relief soon swept away. The policemen came by. A police car quickly pulled up. “Dia perlu dibawa ke balai.” I knew why. Attempted suicide is an offence. But how do you explain that to someone and his/her family members after going through that ordeal? “What does this mean?” The person’s family asked. “They just need to take your statement.” I said.
“I will make sure that everything is okay.” I added. I didn’t know whether this was a promise I could keep. But I had to, by hook or by crook, ensure that this person is safe. I made sure that the person was not placed in lock-up. I quickly called a lawyer to be on standby in case charges were brought. And I pleaded with the police to exercise his discretion and mediate the case instead. “What if the person repeats the act? It will be my fault” said the police. “Given what the person is going through, I can only hope that the act isn’t repeated in custody. This person needs medical intervention, not prison.” I said. Upon the parents’ undertaking that they’ll keep a close watch, the case was resolved.
But that got me thinking – not everyone who finds themselves in this person’s situation is as lucky.
And so I began advocating to repeal S.309 of the Penal Code. Along the way, I found partners in YB Kelvin Yii Lee Wuen and YB Lim Yi Wei. Today, we met with Deputy Law Minister, YB Ramkarpal Singh to discuss the matter.
Whilst we acknowledge the need for improvements in the law so that our system provides help for persons who attempt suicide – this has been in discussion for far too long. Since the announcement of the government’s intent to decriminalise attempted suicide in 2020, many have been sent to prison under this archaic law.
I urge this government to pronounce a moratorium on Section 309 of the Penal Code whilst we wait for the repealing bill to be tabled. This can be done quickly in the next Parliamentary sitting. Further enhancements in the law can come after.
Should there be any concern in there being a lacuna – the government can instruct, administratively, for the police to invoke its powers under Section 10 of the Mental Health Act in cases of attempted suicide to admit the person into a psychiatric hospital.
Bureaucracy should not cost lives.
If you are reading this and if you are going through a difficult time, you are not alone. Reach out for help. You may call The Befrienders (03-76272929), Life Line (03-42657995), Sneham (04-43988597) or Talian Kasih (15999). You may also reach out to your nearest healthcare provider.
