Kuala lumpur: The government is reviewing Section 97 of the Child Act 2001 (Act 611), including introducing a clearer detention period, to strike a balance between justice for victims, public safety, and the rehabilitation of child offenders. Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) M. Kulasegaran stated that the review is being undertaken by a special committee formed following the abolition of the mandatory death penalty and life imprisonment in 2023.
According to BERNAMA News Agency, Kulasegaran emphasized the need for consistency in the law and in delivering justice for all. He expressed confidence that the committee, which has convened several times, will reach a decision that addresses the issue by amending Section 97 and introducing a fixed detention period. This was mentioned during Question Time in the Dewan Rakyat today.
Kulasegaran responded to a supplementary question from Dr. Abd Ghani Ahmad (PH-Jerlun) regarding the government's main challenges in implementing Section 97 of Act 611 while balancing justice for victims with rehabilitation opportunities for child offenders, as well as Malaysia's commitments under the Convention on the Rights of the Child (CRC).
He highlighted that one of the main reasons for reviewing the provision was the predicament faced by individuals who were detained as children without a clearly defined detention period. He shared insights from interviews with several inmates, including a visit to prisons in Semporna and Sandakan, where he met an individual detained for almost 25 years since the age of 17, unfamiliar with modern life outside prison.
In response to an original question from S. Kesavan (PH-Sungai Siput) about the number of offenders still detained under Section 97 of Act 611 and the duration of their detention, Kulasegaran revealed that 40 individuals remain detained under the provision. He clarified that Section 97 prohibits the death penalty for individuals who were children at the time of the offence, mandating detention at the pleasure of the King or the Yang di-Pertua Negeri based on the location of the crime.
Kulasegaran reaffirmed the MADANI Government's commitment to ensuring that any proposed amendments will balance the interests of justice, public safety, and the welfare of children, aligning with Malaysia's human rights obligations and commitments.