A Real Constitution August 6, 2007
Posted by rahulian in Human Rights, Malaysia, Politics.add a comment
It is great to hear leaders and rulers like Raja Nazrin are still out there trying to make the masses and the government understand and respect the Constitution for what it is….the SUPREME law of this country.
The Constitution that was made and envisaged by the leaders during the independence struggle has been changed a lot directly or indirectly. The Constitution’s provisions for a change in that very constitution seem to have been the problem. A two-third majority in the Dewan Rakyat effectively changes the constitution. The state of cause controls the majority through its ‘Whip’ i.e. follow party lines system.
Maybe it is about time we change that provision as the abuses of that provision can be rampantly seen being used by the present and previous regimes. The Constitution should not be changed without the approval of the country. Have a referendum and let the people themselves decide on what’s best for them.The other problem is the phrases like ‘ in accordance with law’. This can be seen clearly in Art 5(1) of the Federal Constitution of Malaysia which reads, “No person shall be deprived of his life or personal liberty save in accordance with law”. This seems to indicate that any laws passed by Parliament, whether in compliance or not with international human rights laws or morality itself will be greater than the provision of Art 5(1). The ambiguity of the provisions can be easily manipulated by the state since the majority in Parliament is controlled by the state through the ‘whip’ system. The check and balances here seems to be inadequate.
There are also certain provisions like in the Internal Security Act where there is no room for the judicial review of an executive i.e. state decision. This in itself is a major violation of our Constitutional rights. It is a blatant disregard for the spirit of the Constitution as a whole.
If the government is responsible enough and govern the country to the high standards that we expect from our representatives in Parliament, then provisions like the Internal Security Act would not be a problem. If the provisions were used to stop terrorists and communists, then fair enough. It is when it is used to crack down political dissent that it becomes a major problem.
It begins to become dangerous for the nation when the rakyat starts to say things like, “want to be rich, then join politics.’ True martyrs will be lost and unscrupulous politicians will be left. The only way the country can be saved from its ethnic-socio problems is when there are more transparency and efficiency in a responsible government.
The NEP July 27, 2007
Posted by rahulian in Uncategorized.1 comment so far
| Reviving the NEP: The great march backward? | | Print | |
| by Dr Dzulkifli Ahmad, PAS Research Centre
The debate on the NEP has again taken centre-stage in Malaysian politics. The opening session of the RTM’s ‘Debat Perdana’ hosted by Dato’ Johan Jaafar, now into its seventh season, witnessed the writer representing PAS, Dato’ Mukhriz Mahathir from the Umno Youth and the Member of Parliament of Muar, Razali Ibrahim slugging it out on the NEP; lively yet not as fiercely as some may have wanted. The ambience of the debate as usual, was naturally attributed to the moderator’s role. The writer, however has no qualms to admit that despite whatever others have to say about the moderator, he was quite gracious to the only Opposition panelist in that debate. Though he has had his fair share of the airtime, the writer still felt that a lot had not been amply debated, given the constraint of time. This piece aims at highlighting various issues that may have not been exhaustively propounded. Political Backdrop to the NEP Despite achieving independence in 1957, income disparity apparently worsened between 1957 and 1970, with the rich getting richer and the poor becoming poorer, especially among ethnic Malay Bumiputeras. The deteriorating socioeconomic disparity, largely a legacy of the British “Divide and Rule” tactic, came to be interpreted primarily in ethnic terms. While ethnic Malay Bumiputeras were suspicious of the Chinese economic hegemony to be responsible for Malay underdevelopment, ethnic Chinese conversely were accusing the Malay-dominated Alliance government of discriminating against them. Given that political backdrop, Malaysia’s New Economic Policy (NEP), was essentially a social interventionist policy, in response to the problem of poverty, unemployment and inter-ethnic economic imbalances that had emerged well before the racial riots of 13 May 1969. Like other nations around the world that practice ‘affirmative action’ , be they developed or developing countries, it is meant to correct the socio-economic imbalances or disparities. Quoting from the author though, “in too many countries, such policies have turned out to be ways of producing relatively minor benefits for a few and major problem for society as a whole”. While acknowledging the historical impact of the colonial rule, I wouldn’t however put all blame on the 13th May racial riot, as the underpinning rationale for the NEP, justifying it into a historical ‘bogey’ to be used expediently by politicians for ‘Malay Dominancy’ (read Umno hegemony). The actual cause of 13th May as indicated by analysts were multi-factorial, which included the notion of a ‘palace coup’- with greater military-police role, to marginalise the Tunku’s leadership seen as being too conciliatory toward the ubiquitous Chinese business community, by the Young Turks within Umno, led by the late Tun Razak. The latest writing on May 13th, based on declassified documents of the worst Malaysian riots, is perhaps more revealing and deserving of a critical reappraisal. NEP’s Broad Successes Recognised Understandably, the NEP had two-prong objectives, namely to ‘eradicate poverty regardless of race’ and to ‘restructure society through elimination of identification of race with economic function’. The overall aim was to achieve ‘national unity’ through ‘redistributive justice’. A noble objective indeed it was. For the record, the first Outline Perspective Plan (OPP) for 1970 -1990 was chalked out to identify medium and long-term targets designed to achieve the objectives of the NEP on the basis of sustained economic growth.Needless to say, the first prong of the poverty eradication objective received all round support and provided the legitimacy it both required and deserved. The NEP has arguably succeeded in reducing poverty in absolute terms. Absolute poverty within the Malay community was reduced dramatically from 65% in 1970 to less than 7% by 2000. Relative poverty however persists and is particularly evident in urban areas. The Malay-bumiputeras have now made a significant presence in all the various professional occupations. Success on this score must be duly credited to the NEP. NEP’s Relevency Question Reanswered When the first question was thrown at the writer in the debate about whether ‘the NEP is still relevant?’ he wasn’t able to cough up with a crispy and cogent answer. This would be how he would like to have it answered, given the second chance. NEP as a social development policy of the government was accorded a specific time-line. Implemented by the first OPP, it started in 1970 and should have ended by 1990. Few may be aware that the NEP was succeeded by the National Development Policy (NDP) with the subsequent OPP2 for 1991-2000 and later the National Vision Policy (NVP) with the OPP3, for the period covering 2001-2010. Hence we are in the regime or reign of the NVP. Bluntly put, NEP has in fact outlived its life-span, period. It was succeeded by the NDP and the NVP. Therefore, on the issue of its relevancy or otherwise, perhaps the answer is quite obvious, as it should have ended in 1990. But since the question has been raised, let’s further the debate to really dissect its success and failures and the various causal relationships. NEP – the Legitimating Ideology for Umno’s ‘Malay Supremacy’. It doesn’t take a political pundit to tell the nation that the NEP is the legitimating ideology for Umno’s hegemony and legitimacy, which they now find difficult to ‘wean off’. Yes, NEP has overstayed its welcome, but there has never been an official repudiation of the NEP, especially not by the ‘powers-that-be’. And incidentally, what is overriding and paramount to Umno’s elite consideration of the NEP, is of the issue of the 30 % ownership of the corporate equity as opposed to the twin-prong objectives of eradicating poverty and eliminating identification of race with economic functions. As far as the writer’s observation goes, it is the 30% rule for bumiputera participation that has ended in the ‘affirmative action’ being perceived, rightly or wrongly, as a ‘zero-sum’ policy that is working at the expense of other races. Although the NEP is premised on the projection of growth, hence in absolute terms, the redistribution should not be affecting the ownership of the various ethnic groups, the reality on the ground didn’t reflect that scenario. That claim must be fully verified through empirical studies. The insistence on Umno’s own underachievement hovering at 18.9% corporate equity of Malay-bumiputera too, despite others claiming to the contrary, is again mind-boggling and naturally smacks of their ’sinister’ motive. The measurement, to make it worse, is shrouded in mystery, ending in endless dispute between advocates and critics. Why Umno Failed To Achieve the 30% Corporate Equity and all? Despite reprimands against such practices, a lot of the bumiputera contractors were alleged to be mere rent-seekers (read cronies), spinning the contract out to non-bumiputeras in the infamous practice of Ali-Baba partnership. Time and again, the less eligible were alleged to be given such huge privatization contracts or concessionaires. Millions of ringgit were wasted in inflated prices that didn’t bring much value-added services and billions more spent, in bailing them out during their failures. The list is a very long one. This was grudgingly but honestly admitted by both Umno panelists. Thus Umno has come to admit that they have in fact bungled the opportunity to achieve the objective of 30 % corporate equity themselves. Hence the primary reason why the ‘redistribution strategy’ failed, is simply due to rampant nepotism, chronic inefficiencies, leakages and the unbridled practice of crony capitalism. The rent-seeking activities of a few politically-well-connected Umnoputras have unscrupulously denied the right of a bigger pool of genuinely deserving Malay entrepreneurs and corporate outfits, competing in a very tilted-playing-field within the Malay community. This is immensely regrettable and has become the greatest stumbling block to achieving the various targets of the NEP. The now infamous case of AP kingpins stands as a clear testimony to such subversion of an otherwise commendable ‘redistributive programme’. Reports of differential treatment based on political persuasion were widely acknowledged, as I’ve exemplified in the debate. IDR – The End of NEP? It is now common knowledge that bumiputera contractors (read Umnoputera) are given special preference (60% of the contracts) under the Ninth Malaysia Plan. This is another multi-billion ringgit developmental programme already launched. Already some mega ones have been rolled out through direct negotiation, sidelining the need for an open-tender system. However, no such ‘affirmative policy’ is recommended in the Iskandar Development Region (IDR) in South Johor. Tun Musa Hitam, a member of the advisory council of the IDR, on the contrary, is insisting for an exemption from the ‘affirmative policy’ of favouring bumiputeras in the hope of attracting foreign investors to the region. This has caused quite a mixed response and anxiety from the Malay constituency. Bridging the Yawning Income Divide Going by the UNHDP Report 2004 and after 37 years of NEP, Malaysia has become the worst country in income disparity between the rich and poor in Southeast Asia. The UNHDP Report 2004 shows that the richest 10% in Malaysia controls 38.4% of our economic income as compared to our poorest 10% controlling only 1.7%. The yawning disparity is widening by the day but the focus seems skewed to the objective of attaining the 30% Malay corporate equity. Amongst the races, the Malay suffers the greatest income disparity. The Gini Coefficient – which measures income inequalities – within the Malay community, had increased from 0.428 in 1990 to 0.4495 in 1997. There’s no further updated statistics on this.An ethnic approach in interventionist policy that doesn’t cut across the racial divide and not premised on genuine needs, is principally and fundamentally flawed. Giving handouts and continuing rent-seeking activities to non-deserving entities, be they bumiputera or non-bumiputera cronies and only adding cost without increasing value and quality to any economic activity, spell doom for the nation’s future, in the face of global competition. Continuing the affirmative action for the ’super rich Umnoputeras’ will eat badly into our national resources and produce deleterious knock-on effects on our nation’s integrity and competitiveness. Surely this cannot and must not be assumed forever. The already capable Malays, after 5 decades of post-independence, must no longer be beholden to an ‘affirmative mindset’ that entrapped them into an unrelenting ‘crutch mentality’ that will disallow them to be truly competent, competitive and enterprising. We must not repeat our mistakes. Otherwise, it will be ‘the Great March Backward’ for the nation.- ES |
The Lina Joy Issue June 10, 2007
Posted by rahulian in Human Rights, Malaysia.1 comment so far
In my previous blog, ‘Lawmakers Must Step In and Find Solution’ (see below), I have asked that a Parliamentary Select Committee is set up in order to discuss how to solve problems of religious nature.
The case of Lina Joy is another example of how difficult and complex the situation can become. There seems to be a major uproar among the non-Muslims in Malaysia when the Federal Court decided that the Lina Joy matter is to be heard in the Syariah Court and that is the right forum for such matters.
Instead of analysing the decision, many were quick to use this opportunity to undermine the judiciary and make this a political conspiracy. Before we jump to any conclusions, let us look at why the judges of the Federal Court decided the way they did. The contention was between Art. 11 and Art 121(1A) of the Federal Constitution.
Art. 11 contains the right to freedom of religion which, under the provision consisted of right to profess, to practice and to propagate one’s religion.
Art. 121(1A) states that,” The courts referred to in Clause (1) shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts.” The courts referred to under Clause (1) are the High Courts of Malaya and the High Courts of Sabah and Sarawak.
Both the provisions seem to be conflicting with each other. The judges cannot just make a decision by disregarding the historical and socio-political nature of these provisions. There are some exceptions to Art 11 especially Art 11 (4) which does not allow anyone propagating religions other than Islam to Muslims. There is also Art. 3 which, provides for Islam being the religion of the Federation.
In the High Court, it was said that Malays could not renounce Islam at all because they were defined by the Federal Constitution to be persons of the Islamic faith. According to the High Court, a Malay’s religion and beliefs are determined by birth, not by choice.
Keeping all these in mind including public order and the will of Parliament (it is a convention that the judges will always give way to statutes of Parliament), the only decision the judges could up with is to view Art. 121(1A) as an exception to Art. 11. The judges could not decide any other way because the socio-political reality of Malaysia is that we have a predominantly Muslim population.
The problem here I believe has nothing to do with Islam. The issue here is the government not being able to give a definitive answer as to the state of such matters. As I have written in my previous blog below, Parliament must step in to rectify the problem. Consultation must be done with all relevant authorities and a Parliamentary Select Committee would be a good place to start.
It has been said that there is still one more avenue left for Lina Joy, the Syariah courts. Many will argue that she does not practice Islam thus she’s a non-Muslim and should not adhere to the jurisdiction of the Syariah courts. However, we must bear in mind that though she may not practice Islam, she is still ‘technically’ a Muslim as far as her documentation in Malaysia goes. My point is why don’t we give the Syariah courts an opportunity to resolve the problem. Are we really that naïve to believe that the Syariah courts would not dispense justice?
We must also understand that all efforts will be taken by the Islamic council before someone is allowed to leave the religion. The same goes to all the religion. Some form of counselling will definitely take place. However, once it is affirmative that the person no longer believes or lives the live of a Muslim, I believe the Syariah court will do what is right and allow Lina Joy to leave the religion.
Instead of blaming that the judiciary is biased and controlled by the state, we should push the state for statutory reforms for issues such as this. It is Parliament that amended Art. 121(1A) in 1988 and it is only Parliament who could make the necessary changes. However, are they willing too?
Is Democracy Still A Reality June 7, 2007
Posted by rahulian in Asia, Free Press, Human Rights, Malaysia, Politics.add a comment
There was a time of kings and knights, a time of myths and legends and a time when ordinary people were unable to defend themselves. Democracy was a creature born out of the frustration that the people had to go through and the sufferings that they had to endure.
The concept of democracy has evolved from the time of the Roman ‘Republic’ to the very heart and nature of the Constitution and the Constitutional Monarchy of recent democracies. The world has seen claims by these very nations and many around the world that democracy exists and it is very alive today in the modern world we live in.
Do we really believe this is true? The only thing that seems to be true is that on one hand, the same nations talk about peace, poverty and global warming and on the other they suppress other nations, violate the most basic of human rights and some even sell arms to keep the world in check under their influence.
The longer these atrocities in countries like Sri Lanka, Palestine and Iraq keep taking place, the longer it will take the world to recover from terrorism. We must realise that terrorism is a global problem with a local identity. By its very nature, it can be seen that the tactics employed are very dangerous and many lives have been lost due to these kinds of activities.
However, the invasion of another country, or the interrogation tactics used by many nations of the developed world would not render them far away of tactics that are similar to these terrorists. These terrorists are the creation of the very nations that are trying to suppress it.
When the terrorists can be used for the benefits of the foreign policies of these controlling nations, they will be called allies in the fight against terror. Once they are of no use, they are labelled terrorists and the military machinery is set against them. Do these governments really believe people are so naïve?
The use of deadly tactics by the terrorists is unacceptable but at the same time what the controlling forces do is also unacceptable. The underlying problem must be addressed. The conflict can be solved only when there is a compromise. No one seems to care about the compromise. All that seems important is for their own bargain to stand. The only thing that will stand if this continues is a stale mate.
The United Nations by its very nature and literal translation suggest that it is the best forum for reform. However, the independence of the United Nations from the influence of certain member nations plays an important role in its ability to be un-bias and just. The world must truly believe that the United Nations is not just a tool for the powerful few but it is a real organisation with a real purpose. Its independent authority and its role as the sole mediator must be asserted. I am still wondering why the is a convention or an understanding that the head of the World Bank is to be from one specific block and the head of the International Monetary Fund is to be from another economic block. What happen to the best candidate gets the job in the democracy adage?
Without the independent authority of the most important independent democratic organisation of all, the world will not be able to be administered in the true form of democracy that our forefathers intended.
From a local point of view, the so called democracies have invested too much of power in the hands of the supreme leader. The concept and the notion of the separation of powers that was the cornerstone of democracy seem to be eroding with lightning speed. The fundamental importance that the executive, the legislature and the judiciary be separated cannot be taken lightly by any nation.
When the powers vested with the few becomes intolerable, a revolution will start as the people can no longer sustain the pain and suffering that they endure. History bears witness to that. Is the world waiting for another revolution before it makes some amends to improve the rights that have been wronged?
Like the United Nations in a global context, the Parliament of a nation can change things in the local context. A vote against an unjust government might just help tilt the fight between what is just and right, and what is extremism. People’s power must mean something or else we would be stuck in a vacuum where only the politically connected will succeed and the rest will be slave driven the modern way.
The Parliament is there in order to not only make laws, but to also hold the executive i.e. the Cabinet responsible for its actions. The select committees must be utilised to gain insights in to the operation of the governments. The judiciary, without its most powerful tool, the judicial review, or with the limited and controlled version of judicial review, will never be able to check on the government. How is a country going to be able to progress if the executive controls the legislature and the judiciary rendering the nation at its mercy?
The conclusion of all this is that the world will keep evolving whether we like it or not. Thus, we must also comprehend that without the necessary changes, the nation will be stuck in a vacuum for a long time and when they do decide to come out, it might be too late to save the last threads of democracy that has binded the nation together and naturally an economic freefall will take place.
Be More Disabled Friendly June 6, 2007
Posted by rahulian in Human Rights.add a comment
As Appeared In The Star Newspaper on 28 May 2007
In most if not all of the developed nations, it can be seen that they are always conscious to the needs of the disabled person. As you walk through a street in Central London, you will notice that the pavements are made for easy access, there are separate parking spaces for the disabled and all buildings have either a lift or a ramp for easy access.
This entire system of roads, pavements and buildings were not build in one day. It took many years and the efforts of those lobbying for these changes a long time ago. The most important thing about accepting change is the mindset. We must first understand and comprehend the hardships that are undergone by a disabled person. Those lobbyists changed their mindset and were able to make others understand why the changes needed to be done.
However, here in Malaysia, the disabled have a torrid time getting around as there is very little access for them. Most buildings have staircases but no ramps or lifts. Pavements are of different shape and sizes and the pavement does not open up as it hits the road to create a mini ramp. There have been some efforts done especially in Brickfields, Kuala Lumpur where the Malaysian Association for the Blind is. The pavements have been made with marks on them providing indications for the blind.
Most big buildings like the airport, KL Sentral train station and the large shopping malls have provided parking spaces for the disabled. However, you hardly find parking areas operated by the municipal councils to have spaces provided for the disabled. The mindset of these councils needs to be changed. If one council starts to improve things for the disabled, all the others will follow suit and it would not take long before an improved system is put in place throughout the country.
It is important for the laws of a country to reflect on the intentions of the people. There needs to be more adequate laws especially in the construction industry in order to protect the civil liberties of the disabled person. It must be made compulsory for commercial and government buildings to be built with specifications for disability access. As for the older buildings, the government should not renew business licences until the buildings are renovated for disability access.
Such a venture will cost time and money. However, the basic rights of the disabled person take precedence. The ball must start rolling from Parliament and our MPs should be more sensitive to these issues as the legislation can only come from them. Even if the laws are in place, great importance must be placed on the enforcement of these laws. The municipal councils and enforcement officers must aggressively carry out their duty.
All Malaysians would agree that we are all brought up with the notion to be kind to the disabled and most of us are. However, we only help them when we see them. Most of the disabled people can be independent and mange on their own if society provides all the necessary facilities and infrastructures for them.
Lawmakers Must Step In And Find Solution June 6, 2007
Posted by rahulian in Human Rights, Politics.add a comment
As appeared in The Star Newspaper on Tuesday April 3, 2007
The Court of Appeal in asking a non-Muslim woman to seek recourse in the Syariah Court has created some confusion on what is actually the Supreme law of Malaysia. It is important to point out that we have a unique legal system in that there are two systems operating side by side. One is operating under the Federal Constitution and the other under the rules governed by Syariah law.
There have been previous cases of such nature and the first two that comes to mind are that of climber, Moorthi, after his death and S. Shamala who took her children and fled the country. It is not easy for the Courts to deal and decide on such matters as these matters are sensitive especially when living in a multiracial country.
In Pakistan, the law is to be read in consistent with Syariah law. Thus, the problems above would not arise. However, there are no specific provisions to suggest the above in our legal system. If there are no such provisions, then the judges of the Civil Courts are bound to follow the Federal Constitution.
The problem here cannot be solved by the Judiciary. This is a matter for the Parliament to decide. The root of the problem here is quite straight forward. Is Malaysia an Islamic country or a secular country? This is not a question that can be answered in terms of culture or politics. It is a serious legal question that has far reaching consequences. It is about time we, as responsible and prudent adults discuss this problem in a comprehensive and coherent way so as to find a just solution for all Malaysians.
It is not suggested that one system is better than the other. What is fundamental is that there should be no confusion. The law must be clear. We operate our entire lives under the legal sphere. Thus it is important that we know what we can and cannot do.
The longer we push the issue away, the bigger the problem becomes. We have come along way since our independence almost fifty years ago. Thus, it is urged that the legislature, who represents us, by consultation with the necessary parties, come up with a solution to this issue. A Parliamentary Select Committee would be a good place to start.
Consider Bribery Problems From All Angles June 6, 2007
Posted by rahulian in Human Rights.add a comment
As Appeared In The Star Newspaper 27 March 2007
CONGRATULATIONS to the Polis DiRaja Malaysia (PDRM) on its achievement in protecting this nation for 200 years. The force has come a long way since its inception and tragedies like Bukit Kepong to heroes like Yusoff Rono have undoubtedly made the force a reliable and respected one.
In the last few years, the police force has come under great scrutiny and it seems like where there is an opportunity, everyone takes a stab and blames the force. However, there are other underlying reasons why there is a problem in the force.
There are good cops and dishonest ones. It is the same in most parts of the world. The temptation i.e. monetary reward is very high. We must consider the root of this problem. In developed countries like Britain or Australia, the policemen are well paid and their salary scale is almost equivalent to that of the private sector.
This is not to say that there is no corruption in these countries. Corruption can be in many forms. Paying the police well does not fully eradicate the bribery problem. However, it reduces the chances of an officer getting tempted to do the wrong thing. A higher pay scale too will see better candidates applying for jobs in the force.
There is also the issue of the mentality of why go through the bureaucracy when you can pay and get your work done quickly.
If people are willing to give, there will be people willing to take – it is a matter of demand and supply. It is not going to be easy to change this kind of mentality. Education at grassroots levels might help but only time will tell.
It is hoped that the efforts of the current IGP in re-branding the force will ignite the fire that will change public perception of the force.
Parliamentary Priviledges June 6, 2007
Posted by rahulian in Politics.add a comment
13 September 2006
Though many of us sit and discuss politics and matters of governance often when we meet, many of us are still not fully aware of what can be said by members in or out of Parliament.
If Members of Parliament (MP) are not allowed to speak their mind in Parliament, then the voice of the very people they represent will not be heard. Thus it is acceptable that no libel suits should be brought against an MP for speaking in Parliament.
However, there are many MPs who give statements and speak to the press at the lobby of the Parliament building. This lobby may be in the Parliament building but one would think that it is not a part of the House i.e. debates take place inside the hall. The question arises, should the statements made here be allowed absolute privilege?
Being people of rational thinking and competent behaviour, we ought to be careful about what we say about others outside the designated areas. Why should anyone be different from everyone else? If I were to say something about you to a third person, then I should be responsible enough to take due care and be sure of the facts of what I am talking before I say anything. This should apply to all as the law is impartial and our liberties are protected and enshrined in the Federal Constitution of Malaysia.
It is not an easy task being an MP. However, like all of us out there, they should be responsible also for what they say outside the scope of the Parliament. If the Houses have already had a certain code of conduct for the behaviour of MPs outside Parliament, then well and good. If there isn’t, maybe it is time one is drawn up.
As Parliament is a forum for the voice of the people, its members should have absolute privilege as long as it is within the Houses of Parliament thus ensuring the liberties protected under the Constitution stay protected.
18 May 2007
Though absolute privilege is important inside Parliament, the behaviour of the two MPs recently making sexist remarks is appalling. The MPs should be given stern punishments not only because they were sexist, but also to show the world that we Malaysians do not condone such behaviour. The MPs must not forget that they represent all of us, regardless whether we are black, white, green, female or male.
Second Tsunami A reminder To Make The World A Better Place June 6, 2007
Posted by rahulian in Uncategorized.add a comment
As Appeared in The Star Newspaper on 20th July 2006
Mother Nature visited this part of the world again. The tragedy of the great tsunami still lingers fresh on everyone’s mind. The loss of many lives and the destruction of land and livestock had really shaken the world.
Have we learnt from the teaching of the devastation that took place on that faithful day in 2004 and the recent tragedy in Indonesia? It doesn’t seem so. We still take things for granted and live our lives as though there are many tomorrows waiting for us. The problem we face is one of procrastination. The attitude that there is always another day to do the work in hand has made many lose sight of the great importance of the sanctity of the human life. One great tsunami and there will be no tomorrow for many.
Moreover, many of us fail to realise the things that are important to us and let our lives pass us by. All of us wish to do something good for society and humanity but how many of us are actually doing it remains a grave reality. There are millions of charity organisations around the world helping the poor and the needy but are we doing our part by helping these organisations remain to be seen.
Help could be in many different forms, from monetary aid to physical labour work. It is the thought that counts. The mentality and culture must be changed in order for us to have a prosperous and happy world to share with others today and those of the future. If only every one of us puts in a little effort, the world could be a better place for all of us to live in.
It is said that charity begins at home. Let us be kind to our parents, siblings and friends. Help those in need. The world needs love and care not anger and war. Let the tsunami be a lesson to us so we can prepare ourselves now for a better future ahead.
Rape Within Marriage Should Be A Crime June 6, 2007
Posted by rahulian in Human Rights, Politics.add a comment
10th July 2006
The debate on the amendments to the Penal Code and Criminal Procedure Code has brought up some excellent issues that reflect the changes in today’s society. All parties involved have debated the issues with great depth and mutual respect. Congratulations to the Parliamentary Select Committee and the NGOs.
Reference to the article ‘When rape within marriage is not a crime’, Sunday Star, 9th July 2006. Whenever we talk about the rape issue, we must always bear in mind that most cases are unreported as the wives are too scared to come forward. Without a deterrent and lengthy sentence, the fear of the perpetrator being released too early would constantly play on the minds of the wives.
As pointed out, the exception to the clause 375 of the Penal Code, which states, ‘sexual intercourse by a man with his own wife by a marriage which is valid under any written law for the time being in force, or is recognized in the Federation as valid, is not rape’ should be deleted.
The English Courts in R v R [1992] 1 A.C. 599, House of Lords have accepted that there could be rape within a marriage. Many other countries too have changed their laws to adapt to the changes in their societies. By virtue of being a statutory provision, the exception to the clause 375 would bind all judges as they must give effect to the will of the Parliament. This would tie their hands down and they might not be able to dispense justice as it may be fit. It is suggested that the ceiling for sentencing could be placed in the hands of Parliament, but judges should be given some flexibility in deciding and defining marital rape cases.
It took countries like England many years to change their laws and recognise gender issues like marital rape and ‘battered wife syndrome’. However, it has also been more than fifteen years since the decision in R v R was given. The Parliamentary Select Committee must reflect on this and suggest a solution to Parliament. Society must accord protection to the wives in cases of marital rape as any kind of rape is a heinous crime.