This proposal will come into effect should Parliament pass the proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965 (also known as Act 355)
The PAS MP, Dr Nik Mazian Nik Mohamad, had made the proposal based on the assertion that caning would protect “innocent” babies born out of wedlock.
MCA vice-president Chew Mei Fun today said Nik Mazian had overlooked the risk of injury to the unwed mothers he proposed to cane as well as to the babies they carried.
“Can a pregnant woman withstand the brutal effects of caning, especially 100 lashes?
“Will a miscarriage follow the caning?
“If yes, then PAS is ignoring the safety of innocent foetuses even before they are delivered. Isn’t that a sin?” she said in a statement today.
Chew said PAS also sought shariah punishment of up to 30 years’ jail and a RM100,000 fine for the offence through its proposed amendments to Act 355
“These punishments are inhumane as the mother will have to spend most of her life in jail. If the foetus does survive the caning, who is going to care for the child while the mother is imprisoned?
“The poor mother is also unlikely to foot the fine of RM100,000. All these add to the agony of the child.”
Chew refuted the claim that heavy penalties would deter unwanted pregnancies, saying they would instead perpetuate an endless “cycle of evil”.
“They will encourage baby-dumping as most unwed mothers would use this way to avoid being caught and penalised.
“Educating teenagers and young adults on abstinence before marriage is a better preventive measure for unplanned pregnancies.”
She said to prevent baby-dumping, it was important to offer support to unwed mothers who were mostly young and afraid of the social stigma, and who did not know who to turn to for help.
She said MCA supported the efforts of NGOs, such as OrphanCare, which matched abandoned babies with suitable parents.
“It is unrealistic of PAS to propose stiffer punishments. It is only appropriate to provide a humane solution to address the issue of baby dumping.”