MCA views with concern the caning that was meted out against the three Muslim women recently and the disturbing trend of syariah law enforcement in our country. .
While MCA accepts that syariah laws are personal laws and syariah jurisdiction applies to Muslims only, its application should in no event contravene the Federal Constitution.
It is well known that Section 289 of the Penal Code forbids the caning of women. Corporal punishment towards women is inhumane and degrading in nature.
The apparent dual criminal justice system now is most unsatisfactory. It serves to confuse the rakyat, and the disparity in criminal justice enforcement arising from whether one is a Muslim or a non-Muslim is most undesirable. This may be seen as an alarming development that sends a wrong signal about our criminal justice system.
MCA laments the speedy and stealthy manner of the caning cases by the relevant law enforcement authority has conveyed a distasteful impression of our criminal justice system, especially when the same is conducted at a time the suitability of caning of women has been widely debated following the Kartika case.
MCA maintains its position that supremacy of the Federal Constitution whereupon Article 8 reads that there should be no discrimination on the basis of gender therefore equality for all, including equality towards Muslim women must be upheld.
Further, Malaysia is a member country that ratifies the international Committee on the Elimination of All Forms of Discrimination (CEDAW) covenants. We have a duty to uphold the international covenants to eliminate all forms of inequality against women. The caning of women has also attracted negative international attention and inevitably tarnish our image as a plural multi-racial country.
Gan Ping Sieu
MCA Spokesperson
MCA Political Education Bureau Chairman
Kuala Lumpur
26/02/10
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