The tragedy which befell T. Nhaveen enraged the whole nation on the issue of bullying especially in schools. No words can express our anger and grief towards this tragic incident.
Yet, according to a report by the federal government, there were 3000 cases of bullying in schools in 2016 alone, an average of 8 cases a day, a worrying statistic indeed.
This is only the tip of the iceberg as there may be many more unreported cases.
Earlier this week, DAP Penang launched the #StopTheBully campaign which goals are two-pronged firstly, to create an awareness on bullying and secondly, to urge systemic reforms to eradicate bullying in schools.
As part of the said campaign, DAP Penang has also set up a legal team led by Sdr. Ramkarpal Singh, MP for Bukit Gelugor and Sdr. RSN Rayer, state assemblyman for Seri Delima to provide legal assistance to victims of bullying and their families.
Parliamentary action on anti-bullying
Today, we wish to propose to the government that bullying be outlawed, or at least regulated, by the introduction of legislation in Parliament which are specifically designed to prevent it. A lack of commitment by the government to battle bullying amongst youths will inadvertently give the impression that it is not committal on a solution.
Toward this end, the following measures are proposed:
1) Empowering teachers against bullies
The Government is urged to introduce legislation empowering schools to discipline school delinquents as has been done in other jurisdictions.
For example, Section 89 of the Education and Inspections Act 2006 of the United Kingdom states,
“The head teacher of a relevant school must determine measures to be taken with a view to—(a) promoting, among pupils, self-discipline and proper regard for authority, (b) encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils”.
Failure to abide by such standards of discipline may result in penalties being imposed under section 92 which states,
“92 Enforcement of disciplinary penalties: detention outside school sessions
(1) This section applies in relation to a disciplinary penalty which consists of the detention of a pupil outside school sessions.
(2) In relation to a disciplinary penalty to which this section applies, subsection (2) of section 91 has effect as if it required the following additional conditions to be satisfied, as well as the conditions set out in subsections (3) to (5) of that section.
(3) The additional conditions are—
(a) that the pupil has not attained the age of 18,
(b) that the head teacher of the school has previously determined, and has made generally known within the school and to parents of registered pupils at the school, that the detention of pupils outside school sessions is one of the measures that may be taken with a view to regulating the conduct of pupils,
(c) that the detention is on a permitted day of detention, and
(d) that the pupil’s parent has been given at least 24 hours’ notice in writing that the detention is due to take place.”
2) Extend Emergency Protection Order to victims of school bullying
Just as it is necessary to afford protection to victims of domestic violence (as provided for in various recent proposed amendments to the Domestic Violence Act, 1994), it is also necessary to afford such protection to victims of bullying and even teachers who may be threatened by such bullies and/or associated gangs. This will, undoubtedly, encourage victims to come forward to report incidents of bullying which is essential in dealing with the problem.
3) Legislate against cyber bullying
Besides physical bullying, there is rising concern over cyber bullying.
In a 2014 survey of 14,000 students, more than 70% claimed that they were victims of online harassment.
(Source: https://www.mcmc.gov.my/media/press-clippings/online-harassment-of-schoolkids-as-high-as-70-surv)
In May this year, 20-year old college student, Teh Wen Chun, committed suicide as a result of persistent cyber bullying.
In February, Deputy Education Minister Datuk Chong Sin Woon said that the government is drafting laws on cyber bullying. However, there has been no further development of this since.
(http://www.themalaymailonline.com/malaysia/article/education-ministry-to-draft-cyberbullying-laws)
Legislation addressing the problem of bullying must be a priority in the next parliament sitting
We hope the government will take the necessary steps to legislate our proposals above by also forming a committee consisting of various stakeholders to contribute to the introduction of Bills in the coming Parliamentary sitting reflecting the same drive, courage and tenacity as was seen in the proposal, debate and the passing of the new Sexual Offences Against Children Act 2017 in the Dewan Rakyat in the previous sitting. The DAP will certainly support such efforts and are willing to work with the government in this regard.
What happened to Nhaveen and the many cases before his serve as timely reminders that preventive action must be taken immediately before tragedy strikes again.