This article contains material on suicide and mental health issues. Readers’ discretion is advised.

KUALA LUMPUR, MALAYSIA — Discussions on mental health and suicide cannot be extricated from systemic issues such as poverty and racial discrimination, among other forms of oppression and setbacks faced by marginalised and underprivileged groups in society.

This is the crux of youth-led activism group MISI: Solidariti’s campaign on decriminalising attempted suicide in Malaysia, particularly in view of the government’s “mishandling of the pandemic”.

A British colonial relic, attempted suicide remains an offence in the eyes of Malaysian law under Section 309 of the Penal Code. Sentencing may entail a jail term of up to a year, or a fine, or both.

MISI: Solidariti said that it has recorded more than 1,099 cases of suicide during the pandemic and 1,080 suicide attempts in 2020 alone.

The pandemic, it said in an Instagram post on Thursday (9 Sep), has “dug us a deep, inescapable mental health hole”.

Citing research firm Merdeka Centre’s findings, MISI: Solidariti noted that 2.8 million Malaysians “could fall into poverty due to the pandemic”, with many from the M40 (middle-class) becoming B40 (lower-income) overnight.

“These pandemic-related uncertainties and constraints have led to the B40 group being more prone to mental illnesses,” said the group, adding that the number of suicide cases between Jan and May this year “surpassed” those in the entirety of 2020.

Government financial ‘aid’, particularly in the form of Employee Provident Fund (EPF) withdrawal, has done little to alleviate the economic hardship faced by many.

In fact, said MISI: Solidariti, EPF withdrawal has “forced EPF contributors to deplete their savings, which could have been invested in education, retirement, and asset accumulation”.

Even with the EPF withdrawal initiative, the retirement fund is insufficient in protecting 52 per cent of households from financial precarity, the group noted.

On top of poverty and the lack of financial stability, other factors such as gender, race, and sexuality may increase the risk of suicide.

Women, for example, are more susceptible to attempting suicide than men due to cultural factors, gender roles, and gender-specific violence — on top of biological differences.

In terms of race, suicide is most prevalent among Malaysians of Indian descent, which is likely due to racial discrimination in the country, said MISI: Solidariti, citing a psychiatric review by the General Hospital.

“Being systematically discriminated puts you at a socioeconomic drawback, which also increases suicide risks,” said MISI: Solidariti.

“Mental health is inherently political. Our mental state is greatly affected by the world around us,” the group stressed.

The main thrust of MISI: Solidariti’s “Decriminalise Suicide Now” campaign includes a petition urging the Attorney-General’s Chambers to impose an immediate moratorium on pending suicide attempt cases and, on a larger scale, to promptly decriminalise suicide in Malaysia.

As at 10.05 am on Friday (10 Sep), the petition on moratorium garnered 1,258 signatures while the petition on decriminalising suicide gained 21,983 signatures.

The latter petition, started by ‘Minds First’ on Change.org, highlights how the criminalisation of attempted suicide “punishes those who need help and prevents them from getting the support they need”.

In the petition — addressed to Attorney-General Tan Sri Idrus Harun and Members of Parliament — Minds First, in calling for the repeal of Section 309, proposed making “mandatory counselling & psychological services” accessible “to the people who need it the most”.

They highlighted that studies originating from countries that have repealed legislation criminalising attempted suicide “including Canada and New Zealand have shown that suicides did not increase post-decriminalisation”.

“Ten Malaysians die by suicide every day … We cannot let this go on. Decriminalising suicide is an important step in breaking down the stigma surrounding mental health and ensuring a society where we are able to access support without fear of judgement, discrimination, or punishment,” the statement read.

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Through MISI: Solidariti’s “Decriminalise Suicide Now” campaign, members of the public have been called on to send pressure emails to their MPs.

People are also encouraged to tag relevant ministers such as newly appointed Health Minister Khairy Jamaluddin and Women, Family and Community Development Minister Rina Harun on social media to urge them to address the matter in the upcoming Parliament sitting.

The campaign also utilises hashtags such as #DecriminaliseSuicideNow and #BunuhDiriBukanJenayah (#SuicideIsNotACrime).

More information on the campaign can be found on MISI: Solidariti’s website here.

Calling for repeal of Section 309 extends beyond decriminalisation of suicide but the need to destigmatise mental illness in Malaysia: Malaysian Mental Health Association president

Andrew Mohanraj, president of the Malaysian Mental Health Association highlighted in Aug last year that the discussion on repealing Section 309 should go beyond the decriminalisation of attempted suicide.

The call to decrimininalise suicide, he said, should also serve as “a plea for Malaysia to move more towards a compassionate society by destigmatising mental illness and safeguarding the interests of persons with mental illness and their families”.

Noting that over 90 per cent of people attempting suicide suffer from major psychiatric illnesses such as major depressive disorder, bipolar disorder, or schizoaffective disorders, Dr Mohanraj said — in relation to the sentencing of an unemployed 28-year-old man — that “a psychiatric examination” would have been “the preferred course of action” before a court decides to convict a suicide attempt survivor under Section 309.

“If this unemployed man who attempted to jump to death cannot pay his fine and is sent to prison, it is hoped that the Director-General of Prisons refers him to a psychiatric unit for assessment and treatment to prevent any suicidal attempt while in prison.

“Such a referral is provided for under Section 26 of the Prisons Act 1995. Ultimately justice must be tempered with mercy,” he stressed.

The man in question was initially sentenced by the Magistrate’s Court here to a fine of RM3,000 or a three-month jail term in lieu of the fine under Section 309.

Deputy Public Prosecutor Nurilya Ellyna Nor Azmal had reportedly asked the court to impose an appropriate sentence “as a lesson … because he had inconvenienced many parties”.

However, the High Court here later revised the fine to a good behaviour bond lasting over a year.

In line with Section 323 and Section 327 of the Criminal Procedure Code, Judicial Commissioner Aslam Zainuddin set aside the lower court’s order after hearing that the survivor’s depression was so severe that he did not eat for three days.

Three years ago, then-deputy minister of the Women, Community and Family Development Ministry Hannah Yeoh called for a repeal of Section 309 of the Penal Code, as the provision has not deterred individuals from attempting suicide.

She told New Straits Times that suicide attempt survivors should not be treated as criminals, but should be given opportunities “for rehabilitation and restoration” in terms of their mental health.

Suicide attempts already decriminalised elsewhere in Southeast Asia

Elsewhere in Southeast Asia such as in Indonesia, Thailand and the Philippines, suicide attempts are not punishable by law.

The Philippines even passed a Mental Health Act in 2018, which outlines the protections and rights those suffering from mental health conditions and their families are entitled to, particularly for disadvantaged groups and high-risk individuals.

The Act also provides for the integration of mental health care into the Philippines’ national healthcare framework, including suicide prevention, and lists the obligations and responsibilities of mental health professionals in the country.

In Singapore, attempted suicide was decriminalised in January last year.

Previously, those found guilty of attempting suicide could face a maximum of a year in jail and a fine of S$10,000 or both.

CNA noted, however, that only an average of 0.6 per cent of arrests in such cases led to prosecution.