Suhakam calls for formal diversion policy for child offenders
The call comes in response to a recent incident involving a 14-year-old student who was remanded for two days for allegedly punching and threatening a teacher after being reprimanded for skipping a physical education class.
While expressing solidarity with the teacher and emphasising that violence in any form is unacceptable, Suhakam Children's Commissioner Dr Farah Nini Dusuki underscored the need to uphold the dignity, rights, and potential for rehabilitation of child offenders, as guaranteed under the Child Act 2001 and Malaysia's international commitments.
"A diversion mechanism allows children accused of minor or non-violent offences to be redirected away from the criminal justice system into community-based programmes focused on education, counselling, and behavioural support.
"This approach would not only reduce the risk of criminalisation and social stigma but also address underlying issues such as trauma, neglect, or mental health," she said in a statement today.
Farah Nini said such a policy is not a denial of accountability, but a shift towards restorative and rehabilitative justice, which is proven to be more effective and humane for children.
She said the incident should serve as a catalyst for reflection on broader systemic issues, prompting urgent consideration of whether schools have sufficient proactive and positive behavioural support systems.
"Suhakam therefore urges the Education Ministry, school administrators, and relevant stakeholders to strengthen holistic, preventive support systems that prioritise the well-being of both students and educators," she said.
She also reminded that Section 15 of the Child Act prohibits the media from disclosing identifying details of any child involved in criminal or custody proceedings, to safeguard their right to privacy and protection from public condemnation.
According to media reports, the student pleaded guilty at the magistrates' Court here on July 30 to a charge of voluntarily causing hurt to his teacher.
The court, however, fixed Sept 11 for the submission of a social report from the Social Welfare Department before sentencing the teenager.
The incident had earlier gone viral on social media, with a video clip showing the student allegedly punching and threatening his teacher at a secondary school here on July 28.
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