It expressed concern over the matter following a recent news report that police had detained a 15-year-old rape victim in Terengganu after her newborn baby was found dead with stab wounds.
“The PSCC is concerned that in this instance, the first action of the relevant agencies seems to have been to detain the child under remand while the child was still in the neonatal ward for investigation for murder,” the committee said in a statement.
The committee, comprising nine MPs, is headed by Pengerang MP Azalina Othman, who is also a former law minister.
It said the teenage girl was not given any psychological or social welfare support including a comprehensive psychological assessment, and was not accorded the benefit of any legal representation.
“The girl is the survivor of statutory rape and research indicates that neonaticide, which can be classified as infanticide (the killing of a baby by its mother within 24 hours) is usually the result of concealed pregnancy and unassisted delivery,” it said.
The statement also said the case should be classified under Section 309A (infanticide) instead of Section 302 (murder) and that unlike murder, infanticide is a bailable offence under the Penal Code.
Consequently, the PSCC has recommended that all children in conflict with the law in Malaysia be accorded free legal representation to ensure their rights are adequately and fully protected.
“Various stakeholders of the criminal justice system, including the Bar Council, the Attorney-General’s Chambers (AGC), the police and the Chief Registrar’s Office, should work together towards achieving such free legal representation for all children in conflict with the law,” it said.
It also called for the revival of awareness campaigns by the women, family and community development ministry to prevent babies being abandoned and to offer support and assistance to young unwed mothers.
Some other recommendations include the introduction of comprehensive sex, sexuality and reproductive education in the school curriculum to better protect children.
Earlier today, a child activist told FMT that many youths were ignorant that it is an offence under the Penal Code to have sex with girls aged 16 and below, even if it is consensual.
Srividhya Ganapathy, the co-chair of the Child Rights Innovation and Betterment Foundation, blamed this partly on the reluctance of the government to introduce “comprehensive sex and sexuality education” in the school curriculum.