Tudya!: The Enlightened Policy

Simplified process for school entry for stateless children; calling transgender by their designated names instead of their birth name in public clinics, the handing of sterile needles to drug addict, the selling of alcoholic beverages to curb unauthorised and potentially hazardous home-brew and recently the discouragement of night time vice raid and proposed abolishment of death penalty – this recent development is a few positive steps that Malaysian embark towards enlightened policies.

Malaysia’s journey with enlightened policy is not new. A slew of baby dumping has led the policymakers to introduce the ‘baby hatch’ where unwanted baby is being safely placed in an non surveilled hatches which is then allowed for these innocent unwanted babies to be cared for.

20 years ago, whilst driving back to Kedah from Kuala Lumpur along the North-South highway, the most exciting moment will be stopover at the R&R (Restore & Rejuvenate) . I vividly recall one selling crafts produced by inmates from nearby prison. At a glance, such effort cannot be profit motive. It thus strikes me today that R & R stood for reintegrate and rehabilitate for the inmates. The prison craft outlet actually serves as a vehicle to ‘humanize’ prison institution.

What Detractors says...

Detractors of enlightened policy paints Malaysia is going through a period of decadence. The scepticism blanketed to such policies as a sort of encouragement of sinful and making crimes less punishable. Malaysia is faced with another dimension. The mostly Western trained policymaker seeking an approach to misdemeanours which are legal under secular law yet unacceptable by religious or cultural laws.

Misdemeanours such as close proximity, homosexuality or being caught eating during fasting month.

For such, we are presented with model states such as Saudi Arabia, which had its own moral police or muttawi. Malaysia never consider moral police an option, yet a slew of vigilantes enforcing, imposing and sanctioning religious moral codes began popping up. Scores of videos available online documenting so-called ‘righteous warriors’ consisted of private citizen fringes goes to such extent of shaming its victim whilst garnering views and condones from online community. All this assumed responsibility as they thought they shall be answerable to God.

If Malaysia is on the tightrope on differing approaches between civil and religion-cultural crime, the Western hemisphere had their own tightrope to deal with; ‘Senator Dukakis, if Kitty Dukakis is raped and murdered, would you still oppose death penalty for the offender’, Massachusetts senator and presidential hopeful was posed with question during the 1988 Presidential Debate. The query is such of crass manner raised eyebrows, yet the crux of issue remains: should we get tough on criminals or should be rehabilitate? He is in favor of death penalty abolishment and lost the election to Bush Sr.

The appeal of punish/retribution-based policy is its immediacy of action (locking up, caning, amputation, death, etc.) which largely bodes well with members of public deeming it ‘tax money well spent’. For policymakers as may signifies ‘job well done’. Where enlightened policies emphasis on rehabilitation and support takes time gauge its effects with multiple institution working in tandem. The explanation to laymen can be long and daunting, the argument can be less convincing.

Education and Income Gap

Human tragedies such as Terengganu single mother battling life hardship by offering sex is an fait accompli which requires deep thinking to allay such occurrence in intermediate future. Its widely seen as a single mother’s moral lapse. Again, the most visible action that appeal to this kind of society is to ‘lock her up/punish her as to make her an exemplary to others. Enlightened minds had set up crowdfunding effort to lighten the family financial burden.

We overlooked the far-reaching role of education, be it access for all and opportunity it entails. On societal side, education opens up people to be receptive towards real causation of crime. Members of public readjust their views towards rehabilitated convicts smoothing their way to reintegrate to become a productive member of society. This can be reflected through lower reoffending rates (recidivism) which in Norway for instance stood at internationally low 20% .

Nordic states with noticeably low crime and successful running of enlightened policies displays similar traits of smaller income/wealth gap, this can be seen in OECD income inequality index. Whilst tax remained high, citizen expresses satisfaction in security, stability and high standards of service. For law enforcers and policymakers, the perspective has to change from criminal punishment to crime prevention.

In conclusion, the era of where members of society isolating problematic persons (both committing civil or cultural crimes) and being highly dependent to prison institution for correctional effort is ripe for dismantling. Efforts now should be focused as collective responsibility reintegrating rehabilitated persons harmoniously and creating an environment in Malaysia where both civil and cultural crime unworthy via support.

The approach can be simply categorized as the choice between repressive and progressive. Between getting heavy handed tough or getting involvedly supportive. Between punishing or supportive. Malaysia is moving forward with the latter.