Currently, Section 91(1)(g) of the Child Act 2001 allows a male child to be sentenced to caning not more than 10 strokes if found guilty of criminal offences. The ministry was reported saying that the proposal to abolish caning at the court level was in line with the principles of the Convention on the Rights of the Child (CRC).
1. Strengthen the enforcement
DAP Wanita notices that the incidents of child abuse are on a rise. In the year 2010, there were 3257 reported cases of child abuse, which increased to 3428, 3821 and 4119 cases in 2011, 2012 and 2013. In January to April 2014 alone, there were 1430 reported cases.
When the ministry is studying and scrutinising the proposal so that the legislation will cover all acts against children causing physical and emotional injuries deemed as criminal offences which could be punishable with heftier imprisonment or fines, we urge Women Ministry to first disclose how many parents were charged and sentenced in court in the previous years. It is redundant to strengthen the punishment while the enforcement remains weak and inefficient.
2. Ban Child Marriage
In May 2013, a 40-year-old man, Riduan Masmud, from Sabah went on to take his 12-year-old rape victim as his second wife. He finally goes to jail after Kota Kinabalu High Court dismissed the appeal. However, we do not know who is taking care of victim who is currently 14-year old.
And this is only the tip of iceberg. The 2000 Population and Housing Census revealed that 6,800 girls under the age of 15 were married. The data also showed that 235 children between the ages of 10 and 14 were already widowed and 77 divorced or permanently separated.
Our Government has adopted a United Nations resolution to end child, early and forced marriage at the UN Human Rights Council in October 2013. When amending the Child Act, Women Ministry must ensure the amendments reflect the intent and enable the practical realization of the promises. Not only because girls between 10 and 14 years of age are five times more likely than women aged 20 to 24 to die in pregnancy and childbirth, but also because child brides are less likely to complete their education, and more vulnerable to physical, sexual and mental abuse.
Women Ministry must take action end this.