Monday, January 17, 2011

Murder : Baby - Dumping An Attempt To Murder

It has been a major issue in Malaysia now where cases of dumping-baby was becoming so serious. Even the Malaysian government has taken severe step to punish the mothers who dump their babies with murder. It might be good start and fresh step to prevent the incidents from happening again.
But to implementing the law and step to charge the murderer will not be easier because an element of intent was required and it was difficult to prove.
Here are reports from thestar.com.my and www.nst.com which could give us some thought and opinion regarding the issues. Difficult for cops to prove murder in baby-dumping
(thestar.com)




PETALING JAYA: Shelter Home executive director James Nayagam said it would be difficult for police to charge mothers who dump their babies with murder because an element of intent was required and it was difficult to prove.


The mother might say that she left the baby to be picked up by people and not with the intent of killing the child, he said.

“It’s difficult to prove murder. We have to prove that there is intent but when a foetus is aborted at three or four months, there is no chance for the baby to survive and hence, no killing is involved,” he said.

Currently, the law does not provide for a person who aborts a foetus to be charged for murder, he told The Star yesterday.

“The concern with charging mothers who dump their babies is that it might lead to more illegal abortions,” he said.

A woman might fear being charged with murder if she intends to abandon her baby and might instead resort to illegal abortion, said Nayagam.

“Even now, it is estimated that about 300 abortions are performed daily,” said Nayagam adding that he had come across a case in the eighth month of pregnancy.

Ultimately, education is the key, he added.

In KOTA BARU, Kelantan Mentri Besar Datuk Nik Abdul Aziz Nik Mat said he welcomed the capital punishment proposal.

The PAS spiritual adviser said such punishment was in line with the teachings of Islam that forbids such heinous acts.

“I agree with the severe punishment proposed for dumping babies,” he said in response to the Government’s proposal to punish offenders with the death sentence.

The Cabinet had agreed to a proposal by the Women, Family and Community Development Ministry that those who abandoned babies resulting in death, should be investigated under Section 302 of the Penal Code for murder.

Baby dumping may be classified as attempted murder or murder
(www.nst.com)





KUALA LUMPUR: The cabinet has asked the police to probe into baby dumping as attempted murder or murder cases, Datuk Seri Shahrizat Jalil said yesterday.

She said the cabinet agreed that the government should take sterner action to stop baby dumping.

“The government has no choice because of the rising number of cases. Despite the various initiatives, baby dumping is still happening.”

The women, family and community development minister said not only the women involved in baby dumping would be brought to justice, the men, too, would be prosecuted.

“We have taken a welfare approach all this while but the problem continues.

“The government cannot allow this state of affairs to continue and that is why the classification will be changed to attempted murder or murder.”

Under the move, Shahrizat said police, acting on the ministry’s request, would start classifying investigations as attempted murder, or if found with intent, murder.

Police have recorded 60 baby-dumping cases so far this year, compared with 79 for the whole of last year.

Tougher measures, she said, were required as baby dumping could no longer be tolerated.

“Dumping a baby only to see the child found dead in places such as dustbins and toilets is an inhumane act. It is tantamount to murdering an innocent person.”

Shahrizat said she put forward the request to Home Minister Datuk Seri Hishammuddin Hussein during the weekly cabinet meeting on Wednesday.

Police are now investigating baby-dumping cases under the Child Act 2001, and those found guilty, face imprisonment of up to 10 years.

However, those charged under the Penal Code for attempted murder or murder withintent face up to 30 years’ jail or the death sentence, respectively.

Shahrizat said cases involving underage parents would continue to be dealt with under the Child Act but added that it was up to the Juveniles’ Court to decide whether they should be tried as adults.

She said she had also requested for Deoxyribonucleic acid (DNA) profiling to be carried out to ascertain the identity of parents of abandoned babies.

“This is the only way to bring those responsible for the death of a baby to justice,” she said.

Shahrizat said there was no excuse for couples or parents to abandon their babies, given the avenues available for them in seeking help.

She said unwed parents unable to care for their children should approach the various institutions under the ministry or the Welfare Department.

Similar to OrphanCARE, the country’s first baby hatch, the 104 district welfare offices, 60 institutions and 55 clinics set up by the ministry are open to parents to give up their children for adoption.

“They can also approach the police, local hospitals and clinics, even the nearest Umno branch, if they truly need help,” said Shahrizat, who is also Wanita Umno chief.

The ministry had also embarked on an awareness programme at public and private institutions of higher learning nationwide to educate young people, seen as a high-risk group, on the consequences of unprotected sex and the options available for young unwed parents.

She said some of the programmes would be tailored to young males to educate them on their responsibilities as parents and sexual partners.

A STOP TO BABY DUMPING


Stop pornography
“Youth today can easily have access to such material online, even through their mobile phones.”
Federal CID director Comm Datuk Seri Bakri Zinin, on the link between pornography and baby dumping. He said widespread access to porn and weakened family ties have caused an increase in cases since 2005, which numbered 472 as of August 2010. He said more than half the babies in these cases were found dead.
Women’s Aid Organisation executive director Ivy Josiah disagreed with Bakri, saying there was no proven correlation. Rather, the problem was more that women were unable to get their male partners to use contraceptives.
 (Source: Porn a major reason behind baby dumping, say copsThe Star, 17 Aug 2010)

Stop couples from riding the same vehicle together
“… we want to prevent [incidences]. It’s better [to prevent such incidences] before such things as baby dumping occur.”
“… it’s not that they are not allowed completely to be on motorcycles together. If there are things to attend to, then there’s nothing wrong.”
“If it’s just for dinner, then there’s no problem. But if dinner’s over and they’re still together alone in a car, then that is not right.”
Mazlan Mohamad, director of the Tengku Ampuan Afzan Teachers’ Training Institute in Kuantan, Pahang, on a circular that prohibits trainee teachers of the opposite sex from riding together on motorbikes or in cars on or outside campus. He did not consider the measure extreme as students had not complained.
He also said teacher trainees frequently left the campus in pairs, and that this might affect the sensitivities of residents in the surrounding community who had a different level of “tolerance” for such things.
Trainees caught would not be punished, however, but given counseling, Mazlan added. 
(Source:College bars couples from riding motorbikes, carsMalaysiakini, 17 Aug 2010)

Stop New Year’s Day and Valentine’s Day celebrations
PAS Youth deputy chief Azman Shapawi, on New Year’s and Valentine’s Day celebrations as possible causes of baby dumping because these events allowed free mixing between the sexes. He said the topic would be discussed at a roundtable on solutions to illicit sex, rape and abandoned babies, which PAS Youth was organising on 22 Aug 2010. 
(Source: PAS dakwa sambutan Hari Kekasih, Tahun Baru antara punca buang bayiThe Malaysian Insider, 18 Aug 2010).

Criminalise baby dumping as an act of murder
“The Cabinet has decided that the Home Ministry through the police, investigate these cases as murder when a baby dies.”
Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil, on her ministry’s proposal to the cabinet. She said the cabinet agreed that drastic steps had to be taken to stop baby dumping.
Police will be asked to investigate, under Section 302 of the Penal Code, abandoned babies which have died. Under Section 302, the punishment for murder is death. Currently, baby dumping is investigated under other sections or under the Child Act for abandonment, concealment of birth by secret disposal of body, and infanticide, which stipulate jail terms and fines upon conviction.
Reactions to the cabinet decision have been negative, with some saying that capital punishment would not be a deterrent, and that sex education, counselling and support would be more effective. Prime Minister Datuk Seri Najib Razak said not all cases would be classified as murder, depending on police investigations. 
(Source: Murder charge for baby dumpersThe Star, 13 Aug 2010)
“Although it would take a long time and a lot of money to set up, a DNA bank remains the best solution to the baby-dumping menace.”
Selangor police chief Deputy Comm Datuk Khalid Abu Bakar, suggesting the usefulness of a DNA database to trace the parents of abandoned babies. He said many baby-dumping cases and other crimes remained unresolved because of a lack of information.
 (Source: CPO: DNA bank the answer to baby dumpingThe Star, 22 Aug 2010)

Why not stop the stigma — provide baby care, sex education and safe haven laws — instead?
“Criminalising abandonment encourages someone, already in a terrible situation, to make a worse decision to hide a baby.
“The classical fiqh does not try to legislate against promiscuity post facto, knowing that any such activity would harm the baby. In order to save the baby’s life, there can be no criminalisation of abandonment.
“There must be a safe and anonymous way a parent can hand over a baby to the care of someone else.”
International Institute of Advanced Islamic Studies (IAIS) Malaysia principal research fellow DrEric Winkel, on the classical position in Islamic jurisprudence or fiqh, which emphasises saving a baby’s life. Winkel argued that a child was at greater risk if baby dumping was criminalised.
He added that the desire to punish promiscuity must be a separate matter from ensuring the baby’s safety. His article also highlighted a few “baby hatch” programmes which have saved thousands of lives in various countries, including conservative societies. Youths should also be taught to “develop their own filters” to make good decisions and navigate the modern world with all its sexually charged messages, Winkel said.
 (Source: Focus on saving the life of the foundlingNew Straits Times, 18 Aug 2010)
“Government can consider enacting a law to allow a parent to confidentially surrender a baby to any hospital emergency room or any designated place. The parent should also not be arrested or prosecuted.”
Wanita Gerakan deputy chief Ng Siew Lai, urging the cabinet to consider ways to help unmarried mothers instead of punishing them. Ng noted that the US had such laws in response to the problem of unwanted pregnancies.
She also said the women’s wing disagreed with the cabinet’s decision that baby-dumping cases be investigated as murder. Instead, counselling, rehabilitation, and sex education were better solutions.
 (Source: Baby Dumping: Help and Not Punish the Mothers, Wanita Gerakan press statement, 19 Aug 2010) -The Nut Graph

Sunday, January 16, 2011

Baby dumping may be classified as attempted murder or murder

KUALA LUMPUR: The cabinet has asked the police to probe into baby dumping as attempted murder or murder cases, Datuk Seri Shahrizat Jalil said yesterday.
She said the cabinet agreed that the government should take sterner action to stop baby dumping.

“The government has no choice because of the rising number of cases. Despite the various initiatives, baby dumping is still happening.”

The women, family and community development minister said not only the women involved in baby dumping would be brought to justice, the men, too, would be prosecuted. 
“We have taken a welfare approach all this while but the problem continues.

“The government cannot allow this state of affairs to continue and that is why the classification will be changed to attempted murder or murder.”

Under the move, Shahrizat said police, acting on the ministry’s request, would start classifying investigations as attempted murder, or if found with intent, murder.

Police have recorded 60 baby-dumping cases so far this year, compared with 79 for the whole of last year.

Tougher measures, she said, were required as baby dumping could no longer be tolerated.

“Dumping a baby only to see the child found dead in places such as dustbins and toilets is an inhumane act. It is tantamount to murdering an innocent person.”

Shahrizat said she put forward the request to Home Minister Datuk Seri Hishammuddin Hussein during the weekly cabinet meeting on Wednesday.

Police are now investigating baby-dumping cases under the Child Act 2001, and those found guilty, face imprisonment of up to 10 years.

However, those charged under the Penal Code for attempted murder or murder withintent face up to 30 years’ jail or the death sentence, respectively.

Shahrizat said cases involving underage parents would continue to be dealt with under the Child Act but added that it was up to the Juveniles’ Court to decide whether they should be tried as adults.

She said she had also requested for Deoxyribonucleic acid (DNA) profiling to be carried out to ascertain the identity of parents of abandoned babies.

“This is the only way to bring those responsible for the death of a baby to justice,” she said.

Shahrizat said there was no excuse for couples or parents to abandon their babies, given the avenues available for them in seeking help.

She said unwed parents unable to care for their children should approach the various institutions under the ministry or the Welfare Department.

Similar to OrphanCARE, the country’s first baby hatch, the 104 district welfare offices, 60 institutions and 55 clinics set up by the ministry are open to parents to give up their children for adoption.

“They can also approach the police, local hospitals and clinics, even the nearest Umno branch, if they truly need help,” said Shahrizat, who is also Wanita Umno chief.

The ministry had also embarked on an awareness programme at public and private institutions of higher learning nationwide to educate young people, seen as a high-risk group, on the consequences of unprotected sex and the options available for young unwed parents.

She said some of the programmes would be tailored to young males to educate them on their responsibilities as parents and sexual partners.


2010/08/13
By Rozanna Latiff and Daniel Bariga

Saturday, January 15, 2011

Baby-dumping: Is there a deterrent or a solution?

NEWS FOCUS Two young lovers pleaded guilty in a Malacca magistrate's court to abandoning a baby girl at a factory in Ayer Keroh this week. That was just one of many such cases of baby dumping reported recently and it has raised concern among the authorities. Lately, there have been reports of baby dumpings in a number of places. According to a Bernama report, three babies were found each in Kelantan, Malacca and Kuala Lumpur last week and a baby girl with the umbilical cord still intact was found in Kota Damansara over the weekend. The Star reported that one 29-year-old man and 26-year-old unemployed woman were detained last Friday by police for dumping a newborn baby girl at Air Kuning in Gemencheh. An increase in the number of abandoned baby cases has been acknowledged by the police. Bukit Aman CID Director Mohd Bakri Zinin said this year alone 65 baby dumping cases were reported. "Last year 79 such cases were reported but this year, within the first eight months, 65 cases were reported and it is very disappointing," he told reporters. Mohd Bakri said statistics showed that from 2005 to yesterday, 472 babies were abandoned throughout the country, of which, 258 were dead and 214 were still alive. What are the steps to be taken to prevent such cases from recurring? Is there a deterrent to discourage young people from committing this offence?
According to Mohd Bakri, the police would classify abandoned baby cases under Section 302 of the Penal Code (murder) and under Section 307 (attempted murder). Those found responsible for babies who die would be investigated for murder while abandoned babies found alive would be classified and investigated as attempted murder. This was followed by the Cabinet's decision to accept Minister for Women, Family and Community Development Shahrizat Abdul Jalil's proposal to charge anyone who dumped their babies and causing the infant's death be investigated under Section 302 of the Penal Code for murder. If found guilty, the punishment for murder is death penalty. Shahrizat, whose recommendation was accepted and drew attention from various ministers and representative bodies, said that the government had no choice as baby dumping is tantamount to the act of baby killing.
Prime Minister Najib Abdul Razak has chipped in saying that all abandoned baby cases will be investigated before the Attorney- General decides to classify it as a murder case.
He said modern technique such as DNA will be used to identify parents and further clarified that the Cabinet's decision to accept Shahrizat's recommendation does not mean every baby dumping cases will be tried as a murder case. One major factor to baby dumping cases is the increasing number of babies conceived out of wedlock which Hospital Kuala Lumpur has recorded 301 cases of such births this year of which 34 babies were delivered by under-18 mothers. It was an increase from last year's figures which recorded a total of 392 births conceived out of wedlock and 62 of the babies were delivered by under-18 mothers. Malacca Chief Minister Mohd Ali Rustam has supported the move to impose severe penalties on baby dumping offenders and said that the death penalty is a harsh reminder not to be taken lightly. The chief minister, who suggested to set up a special school for pregnant teens, was recently criticized by the public for the controversial decision by the Malacca Islamic Religious Council to allow underage marriage for Muslim girls which aimed to reduce unwanted teen pregnancy conceived out of wedlock.
Among others who supported the harsh move was Lee Lam Thye, vice-chairman of the Malaysian Crime Prevention Foundation (MCPF), saying that offenders slapped with heavier penalties will serve as a lesson to the society.

PAS spiritual leader and Kelantan Menteri Besar, Nik Abdul Aziz Nik Mat, viewed the death penalty as a possible solution since it is in accordance to the teachings of Islam which forbid such heinous acts, The Star reported. However, there were also concerns that such drastic measures by the Cabinet will force vulnerable and troubled parents to make hasty decisions and therefore lead to unfavourable situation. MCA president Dr Chua Soi Lek and vice-president Dr Ng Yen Yen disagreed to the imposition of severe penalties saying that
such harsh move will worsen the already dire situation making it more difficult to detect "underground" baby dumping incidents. They prefer to focus on education as the key solution and will embark on an “Awareness of Sexual Reproduction” campaign to prevent sexual woes among youngsters to tackle unplanned pregnancies and sexually transmitted disease. Although the party's agreement to the idea of establishing special centres where pregnant women can “surrender” their babies does not seem to solve the core problem of baby dumping, the MCA public services and complaints department has set up a special unit to offer advice to pregnant girls to help them plan their future . Others have worried that the law enforcement will create negative implications such as an increase of illegal abortion by mothers who are afraid of getting convicted as murderers - with or without intention.
James Nayagam, Shelter Home executive director, said current estimate of abortion operations performed daily is top at 300 but expected to increase if women start to resort to illegal abortion. He also said two problems arise before a murder case can be established to charge a mother guilty of causing the infant's
death. Firstly, there is no survival chance for a three-four month old foetus and, therefore, that person cannot be said to have committed murder. The second challenge is that an element of intent is required but would be difficult to prove as the mother can say there was no intention to kill the baby but was left to be picked up by someone. Other reactions include DAP national chairman Karpal Singh who said in a statement, "The solution lies in the eradication of the cause (of dumping babies)." He proposed for a Royal Commission to study in-depth the reasons behind the heinous act before deciding on the death penalty as the ultimate solution. Women's Aid Organisation president Ivy Josiah and Dr Mohamad Ali Hassan, from the National Parent-Teacher Association Consultative Council, both said that there is no guarantee that the death penalty can help to reduce baby dumping cases as there are still people who commit serious offences such as drug trafficking despite a death sentence attached to it. Despite the endless debate, Minister Shahrizat said: "When parents come to know of their children's predicament (conceive out of wedlock), they will blame the whole world instead of helping them and providing the necessary support."
She urged parents to guide the children through necessary steps while youngsters who have problems should contact the Nur 1599 hotline number for proper assistance and counselling.— MM

Baby dumping among teenagers in Malaysia and how to prevent it???

CHILD is a priceless gift from Allah SWT. However, baby dumping is a social crisis and has a chronic increase as many cases are occurring in Malaysian society. The baby dumping refers to discarding or leaving alone, for an extended period of time, a child younger than 12 months of age in a public or private setting with the intent to dispose of the child. Based on Bukit Aman Police Headquarters statistics found a total of 580 babies were found dumped between year 2000 to 2006. This number of cases increase every year where as much as 65 baby dumping cases has increased to 83 cases in the year 2006. In the first 5 months, almost everyday there are reports on dumped baby cases.You read it on the front page of the newspaper or see it on the nightly news...a newborn baby found in a back alley. This scenario had been more serious from day to day although there are a lot about this in the mass media.

Mostly,among teenagers always seen to be involved in this situation. Teenage parents give birth in a motel room and leave the child for dead in a dumpster. A girl gives birth in a school bathroom at night. throws the baby into the garbage or in the toilet.These stories relate to one of the most frightening realities of our culture today: some children are viewed as problems to be thrown away rather than gifts to be treasured. More recently, the tragedy of Baby 
Dumping has begun to be addressed by state legislatures throughout the nation. For example, a number of states have passed laws to provide funding, care, and services for dumped children. These legislative actions have also established 'safe houses' - public centers such as fire stations, police stations, and other public areas where women can bring unwanted children rather then leave them in trash receptacles. The hope is that, by offering an alternative to dumping, women might leave their children with people who can help the baby. Surprisingly, these cases have got a lot of attention from the community. So, what are the best opinions and ways that should be taken to prevent this scenario from spreading?



Child dumping is the practice of dumping offspring outside of legal adoption.The dumped child is called a foundling or throwaway. According to a reliable statistics, one baby is dumped every week. A figure that has trebled in the past decades. Causes include many social and cultural factors as well as mental illness.


One factor that leads to child dumping is teenage pregnancy. Teenage pregnancy is defined as a teenage or underage girl becoming pregnant.This pregnancy of teenagers are a mere result of the gratification of sexual urges. That pregnancy might not happen only if studies were prioritized rather than having relationships with the opposite sex. No premarital sex, no early pregnancy. Worst thing about this is that it is the child that will suffer. If not aborted, they are dumped by their biological parents.



Another factor is the family break-up. Family break-ups happen after a long period of misunderstandings, fighting and unhappiness. Sometimes they happen suddenly and it is hard to understand why there needs to be change at all. Children are mostly affected by this kind of situation. If both their mother and father decided to a divorce and one cannot raise their child alone, tendency is that they will dump their child. This child will become homeless and found himself alone.

Poverty is also another factor that causes child dumping. Persons in cultures with poor social welfare systems who are not financially capable of taking care of a child are more likely to dump him/her. Political conditions, such as difficulty in adoption proceedings, may also contribute to child dumping, as can the lack of institutions, such as orphanages, to take in children whom their parents cannot support. Societies with strong social structures and liberal adoption laws tend to have lower rates of child dumping.

Psychologists believe that even short-term dumping can damage a child’s emotional and social development. “Even short separations could have a negative effect on the child’s ability to form close relationships,” said Dr Michael Boulton, a child psychologist at the University of Keele. “Babies often form attachments with their mother before birth. They know their mother’s smell and turn to them when anxious or distressed. If they suddenly find they have gone it can be very damaging.”

Dr Boulton said that mothers who dump their children normally do so under desperate circumstances. “Having one’s first child is the most stressful experience someone can go through. Young mothers can be vulnerable, especially if they are alone and do not have the experience or social support to cope.”







PREVENTION

Long-term solutions to the problem of baby dumping require efforts at prevention. Steps must be taken to prevent unwanted pregnancies, provide assistance to parents in crisis, and increase communication within families and communities.


  • Sexuality Education
Baby dumping presumably results from unwanted pregnancy. To prevent baby dumping, it is therefore ultimately necessary to educate individuals about sexuality. We supports age-appropriate comprehensive sexuality education, and recommends that schools and communities provide comprehensive sexuality education to all youth and families. 
  • Responding to Unwanted Pregnancy
Individuals experiencing unwanted pregnancies must receive support and services. Communities should examine their capacity to provide the range of supports and services needed by individuals experiencing unwanted pregnancies. These services must also be publicized; people cannot use services that they do not know about. Finally, education efforts should strive to increase communication among youth, families, and communities. Increased communication may minimize the shame and secrecy associated with an unwanted pregnancy and make young people more likely to take advantage of supports and services in their families and communities.


The other ways to prevent this problem are :

- focusing the prevention programs towards the regions and categories of population with increased risks of dumping;
- setting up a coherent reporting and monitoring system as regards the dumping and the risk of abandonment;
- hiring social workers in all sanitary units depending on the number of doctors existing in the unit;
- hiring community medical assistants and physicians in all the communities presenting increased risks of dumping;
- standardizing the written forms and the procedures of registering women which get admitted in maternities in order to give birth;
- elaborating procedures for keeping records of mothers and children without identity papers and creating a database on this matter.

" Having sex after marriage is safer and it can reduce the abortion and baby dumping rate. It also helps us be more responsible and not to have sex just to satisfy our lust "