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.
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