Criminalise baby dumping as an act of murder

“The Cabinet has decided that the Home Ministry through the police, investigate these cases as murder when a baby dies.”

Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil, on her ministry’s proposal to the cabinet. She said the cabinet agreed that drastic steps had to be taken to stop baby dumping.
Police will be asked to investigate, under Section 302 of the Penal Code, abandoned babies which have died. Under Section 302, the punishment for murder is death. Currently, baby dumping is investigated under other sections or under the Child Act for abandonment, concealment of birth by secret disposal of body, and infanticide, which stipulate jail terms and fines upon conviction.
Reactions to the cabinet decision have been negative, with some saying that capital punishment would not be a deterrent, and that sex education, counselling and support would be more effective. Prime Minister Datuk Seri Najib Razak said not all cases would be classified as murder, depending on police investigations. (Source: Murder charge for baby dumpers, The Star, 13 Aug 2010)

“Although it would take a long time and a lot of money to set up, a DNA bank remains the best solution to the baby-dumping menace.”

Selangor police chief Deputy Comm Datuk Khalid Abu Bakar, suggesting the usefulness of a DNA database to trace the parents of abandoned babies. He said many baby-dumping cases and other crimes remained unresolved because of a lack of information. (Source: CPO: DNA bank the answer to baby dumping, The Star, 22 Aug 2010)
Why not stop the stigma — provide baby care, sex education and safe haven laws — instead?

“Criminalising abandonment encourages someone, already in a terrible situation, to make a worse decision to hide a baby.
“The classical fiqh does not try to legislate against promiscuity post facto, knowing that any such activity would harm the baby. In order to save the baby’s life, there can be no criminalisation of abandonment.
“There must be a safe and anonymous way a parent can hand over a baby to the care of someone else.”

International Institute of Advanced Islamic Studies (IAIS) Malaysia principal research fellow Dr Eric Winkel, on the classical position in Islamic jurisprudence or fiqh, which emphasises saving a baby’s life. Winkel argued that a child was at greater risk if baby dumping was criminalised.
He added that the desire to punish promiscuity must be a separate matter from ensuring the baby’s safety. His article also highlighted a few “baby hatch” programmes which have saved thousands of lives in various countries, including conservative societies. Youths should also be taught to “develop their own filters” to make good decisions and navigate the modern world with all its sexually charged messages, Winkel said. (Source: Focus on saving the life of the foundling, New Straits Times, 18 Aug 2010)

“Government can consider enacting a law to allow a parent to confidentially surrender a baby to any hospital emergency room or any designated place. The parent should also not be arrested or prosecuted.”

Wanita Gerakan deputy chief Ng Siew Lai, urging the cabinet to consider ways to help unmarried mothers instead of punishing them. Ng noted that the US had such laws in response to the problem of unwanted pregnancies.
She also said the women’s wing disagreed with the cabinet’s decision that baby-dumping cases be investigated as murder. Instead, counselling, rehabilitation, and sex education were better solutions. (Source: Baby Dumping: Help and Not Punish the Mothers, Wanita Gerakan press statement, 19 Aug 2010)

Stop couples from riding the same vehicle together

“… we want to prevent [incidences]. It’s better [to prevent such incidences] before such things as baby dumping occur.”
“… it’s not that they are not allowed completely to be on motorcycles together. If there are things to attend to, then there’s nothing wrong.”
“If it’s just for dinner, then there’s no problem. But if dinner’s over and they’re still together alone in a car, then that is not right.”

Mazlan Mohamad, director of the Tengku Ampuan Afzan Teachers’ Training Institute in Kuantan, Pahang, on a circular that prohibits trainee teachers of the opposite sex from riding together on motorbikes or in cars on or outside campus. He did not consider the measure extreme as students had not complained.
He also said teacher trainees frequently left the campus in pairs, and that this might affect the sensitivities of residents in the surrounding community who had a different level of “tolerance” for such things.
Trainees caught would not be punished, however, but given counseling, Mazlan added. (Source: College bars couples from riding motorbikes, cars, Malaysiakini, 17 Aug 2010)
Stop New Year’s Day and Valentine’s Day celebrations

“Kita lihat banyak kes kelahiran berlaku pada bulan Ogos dan September, ini menunjukkan hubungan tersebut dilakukan pada sambutan Tahun Baru sebab itu kita lihat banyak kes pembuangan bayi berlaku dalam dua bulan ini.
“Dalam Islam sambutan Hari Kekasih tidak digalakkan tapi kalau nak buat kenduri itu tidak mengapa tetapi tidak hubungan terlarang.
“Jadi ini yang menjadi masalah apabila media seolah-olah menggalakkan sambutan Hari Kekasih dalam akhbar-akhbar tempatan.”

PAS Youth deputy chief Azman Shapawi, on New Year’s and Valentine’s Day celebrations as possible causes of baby dumping because these events allowed free mixing between the sexes. He said the topic would be discussed at a roundtable on solutions to illicit sex, rape and abandoned babies, which PAS Youth was organising on 22 Aug 2010. (Source: PAS dakwa sambutan Hari Kekasih, Tahun Baru antara punca buang bayi, The Malaysian Insider, 18 Aug 2010).

Putting A Stop To Baby Dumping

Stop pornography

“Youth today can easily have access to such material online, even through their mobile phones.”

Federal CID director Comm Datuk Seri Bakri Zinin, on the link between pornography and baby dumping. He said widespread access to porn and weakened family ties have caused an increase in cases since 2005, which numbered 472 as of August 2010. He said more than half the babies in these cases were found dead.
Women’s Aid Organisation executive director Ivy Josiah disagreed with Bakri, saying there was no proven correlation. Rather, the problem was more that women were unable to get their male partners to use contraceptives. (Source: Porn a major reason behind baby dumping, say cops, The Star, 17 Aug 2010)

CPO: DNA bank the answer to baby dumping

PETALING JAYA: The setting up of a DNA bank will help deter baby dumping and greatly improve investigations in other criminal cases.
Selangor police chief Deputy Comm Datuk Khalid Abu Bakar said police could still trace the parents by using DNA in the event a baby or stillborn was found.
“Although it would take a long time and a lot of money to set up, a DNA bank remains the best solution to the baby dumping menace,” he said after launching the Balik Kampung, Rumah Selamat campaign at the Puchong IOI Mall yesterday.
It was reported that during the first eight months of this year, there were 65 baby dumping cases reported nationwide compared to 2009 where there were a total of 79 cases.
DCP Khalid said many baby dumping and criminal cases have remained unsolved due to lack of information and expressed the need for public cooperation to help police solve the cases.

Baby Dumping in Malaysia : Islam as a Solution

Nowadays, babies dumping happening almost every day. According to Community, Family and Women Ministry baby dumping cases had already achieved to thousands per a year. Suddenly this problem has become as a big issue in Malaysia. Why this problem could happen? What had happened to our youths?

We can point our finger to anyone we want but this time we have to examine this social problem obviously. In my opinion, I think the lives of teenagers are too free without parent’s control. You can look what among of student did in campus or college. Some of them make a date try to do something as couple. Sometimes they make something further. Perhaps that “something” I shall call it as sumbang mahram. Every boy and girl has to know their limitation of relationship. Of course you can be friend with anyone but do not go too far when you be friend with the different gender. Islam teaches us about the relationship in Islam. Now, the girl must not wear the sexy clothes not because of order of people but this is order of Allah. We must follow Allah’s command and what had been written in Koran. Sexy girl dressing is one of cause why the banned relation could happen. It cans rise up the boys ‘desire and passions. That is why social problem could happen.

I think that the parents should take seriously role to prevent their son and daughter from social problem. Baby dumping could avoid if their children have awareness about the dangerous of baby dumping. It could ruin their future and kill in sinned baby.

The government should take role to overcome this problem. The government should introduce true Islam to the people especially to the Muslim youth about halal haram, paradise hell and dosa pahala. Islam scholars or known as ulama must take this responsibility to explain to the community about Islam and its rules.

The parents are also must control and minimize their children’s activities outdoor. They must know their children go out with who and where they go. The responsibility parent will avoid their children from unhealthy activity.

We could solve this social problem if we emphasis religious teaching on our children, control them carefully and always take care of them. I hope baby dumping in Islamic State like Malaysia will not happen anymore.

NGO : Kem Modal Insan KEWAJA

Teenage pregnancies are on the rise and many mums-to-be are estranged from their families. However there are shelters willing to provide a family environment
in which to bring a child into the world.

Pregnancy is a scary experience for any unwed mother, but more so for a teenager. in dealing with feelings of fear, anger, disappointment and confusion, many pregnant teenagers resort to the easiest and fastest way out of their predicament — abortion. Unaware that there are other options, young girls choose to handle the problem on their own, under frighteningly dangerous conditions, sometimes in the back room of clinics.

Are they evil? Are they killers? No, they are just frightened teenagers looking for a way out of a scary predicament. What they don’t know is that there are many shelters willing to help them get through this experience, give them a second chance at life and give their babies the right to live.

For instance, in a small housing area in Gombak, a married couple is housing pregnant teenagers who have nowhere else to turn. The couple clothes and feed them, and, more importantly, they provide the emotional support needed to get single girls through pregnancy. There were 60 pregnant teenagers living in the houses called Kem Asas Pembangunan Integriti Wanita Dan Modal Insan (KEWAJA). Most were students between the age of 16 and 23. “Many of the teenage girls who come to us are at the lowest point of their lives. They don’t know where to turn to and whom to talk to. “In the past six months alone, we have taken in 164 pregnant women. Some as young as 14, others as old as 40.

“Most walk into our centre on their own but some are brought here by their boyfriends or parents,” said KEWAJA director Yahya Yusof. “When we started in 1996, we had 101 girls. But every year since then this number has increased. It is not a disease and it is not an epidemic. Teenage pregnancy is a social disaster.

“Some of the girls come to us because their parents are too embarrassed to keep them at home. This is a hiding place so the parents are not shamed. But, some girls are here because they come from broken family and can’t afford to pay the medical bills.” for whatever the reason the girls end up in KEWAJA, they are cared for and their babies are brought safely into the world. “We encourage the families to keep the baby after delivery, but if they want to give the baby up for adoption, then we try to find suitable families.”

He said many teenage girls were easily coaxed into having premarital sex because they were naive. “Society should not only blame the girls. Most of them are in this situation because they were told they had to prove their love to their boyfriends. They were cheated. None of these girls wanted to be in this situation.” According to Pak Yahya, KEWAJA was a place teenage girls could go to instead of sitting alone in a room, waiting to go into labour. “When a teenager gets pregnant, she starts thinking of the worst-case scenario. she starts wondering ’who wants me?’, ’how do i keep this a secret?’.”

Some girls tried all sorts of ways to abort the babies themselves. “They take over-the-counter medications not meant for pregnant women in hopes of aborting the baby. But these ways backfire as the babies are born deformed and disfigured.” he said it was important that these young girls were with people who knew how to handle their situation from an objective and mature point of view. KEWAJA with role to ensure adolescent girl and woman which involved in assignable guidance and life guidance that they practise good values in their life, have personal strength, mind and faith to survive and can monitor activity during and their direction of life inside societal community.

The thing that more important is KEWAJA can save them from act that risky such as abotion and perhaps also dump or leave the child after born. Thus this responsibility and KEWAJA role to ensure mother’s  child condition are safe. 

SOLUTION; Government

Petaling Jaya, March 28:

Four basic methods under the rules of Akta Kanak-Kanak 2001, are about child advocacy, prevention, support and research will be use to address wastingby reported more widespread in recent years. Minister Of Women, Families and Comunities said the ministry with all the agencies involved will have discussions to implement the strategy in the issue. According the issue, advocacy (to focus on sources of abandonment and abuse against children) need to overcome the neglect, abuse and the removal of children because these actions are not the culture of the people of this country. Methods of prevention of addressing the problem scientifically conducted with the assistance of the police, while advisory services and research will be conducted with the help of experts to find out more details on how it happened. it is hoped that the four main methods that will be emphasized this can be done with all the concerned agencies and individuals. 

sources by 

Muzdalifah Mustapha. Utusan. 29 March 2010

Kuala Lumpur, August 12:

The Cabinet today ordered the police to investigate cases of bandoned babies in teh case of attempted murder, or as if with the intent that murder be sentenced to hang. Minister of Women, Family and Community Development, Datuk Seri Shahrizat Abdul Jalil said, enforcement investigations under Seksyen 302 Kanun Keseksaan was approved by Cabinet yesterday. According to her, the enforcement in accordance with section proves the government is serious symptoms stem from the widespread removal of the baby. The Ministry will also adopt the conversation of the word "throw the baby" to "killing babies" because the baby was not born to be killed arbitrarily.

sources by Bernama. Utusan. 13 August 2010. 

SOLUTION : FAMILY WHAT SHOULD THEY DO

Family especially parents have to play the main rule in decreasing the baby dumping problem. It is because they are the most close to their child. They have to pay more attention to their teenagers child because, in this ages they will face many things. The most important thing is give them a good religious education, that’s the key for a good life.

Some people ashamed to discuss on sex education and do not agree with creating sex education in school. For them it is unsuitable matter discussed in learning. But nowadays it is a very important thing, the students are not taught how to do sex but they will disclose on the reproductive system and the biology of human being. Not only in school, parents also have to tell their children about sex education. This is parent’s responsibility to monitor their child’s moving and activities, so that they can ensure what the good and not. But they have to remember not to shackle their children. By this method they will permanently open to share on daily activities and their social intercourse.

Love and parent’s concern very important, children feels appreciated and are not going to engage with social problems.  It just like a chain, social problem, free association and followed by baby dumping. These problem need to be overcome immediate. Parents has to spend time with childrens and share their problem, parent needs to give guidance not throw them away from family. This case could avoid become worse.

SOLUTION

Everybody have to show their concern about this problem. Parents, communities, government must work together and try to solve it from the root. It is because, the person who involve or be the one who dumped the baby need to be assisted. Sometimes it’s not their attention to do that, but they don’t know what to do with the baby and they don’t know how to face the communities.

So, as society that mindful we have to prevent and help them from become bad to worse. Family and society should consider the symptom of baby dumping as a common problems and not just a load to doer only. Stop on blaming the doer, but aware that what had happened cause by everyone, it’s everyone mistake. Try to help recorrect the mistake that have been done from the family and society, so that the same mistake will never happen.

responsible party :

• government 
• family
• NGO
• society 

MCA: Baby dumping should not be criminalised

By Melissa Chi

August 13, 2010

KUALA LUMPUR, Aug 13 — MCA president Datuk Seri Dr Chua Soi Lek said today that criminalising the act of dumping babies would backfire and worsen the current situation.
He told reporters that meting out the death penalty on those who abandon babies would be too heavy a punishment.
“MCA does not agree in the baby dumping issue with (categorising it under) a death penalty crime,” he said.
He said such a heavy sentence would backfire.
“We think that such cases will be more rampant, done in a harder-to-trace manner considering the dire consequences,” Dr Chua (picture) said.
“Now, at least (the mothers) abandon live babies, but with the criminalisation they might even bury babies alive,” he pointed out.
Despite severe penalties proposed for dumping babies, 60 abandoned baby cases have been reported while the Cabinet has agreed to a proposal by Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil that those who abandon babies resulting in death should be investigated under section 302 of the Penal Code for murder.
Dr Chua said the only solutions are through education and a change of mentality in society, and by creating a support system.
“If we do not reach out and only know how to punish people, then they will behave like criminals,” he said, adding that their action would be a “self-fulfilling prophecy”.
He said the MCA would launch a sex education campaign next month, which would be spearheaded by Tourism Minister Datuk Seri Dr Ng Yen Yen.
He quickly added that the campaign would be called “Awareness of Sexual Reproduction” instead of “Sex Education”.
“To penalise mothers of unwanted babies is unfair,” he said, pointing out that the father also has an equal responsibility towards the baby.
“Where are the men? Should hold men accountable as well,” he said.
Dr Chua agreed that baby hatches might be one solution.
OrphanCare, a non-governmental organisation based in Petaling Jaya, will be the first organisation in the country to launch a “baby hatch” centre after getting the green light from the Women, Family and Community Development Ministry and the Welfare Department.
The NGO will launch the centre next month, joining several countries in the world which had adopted it.
The centre will accept babies and children abandoned by their single mothers or parents. They will be kept for a maximum of three months before a suitable family is found to adopt them.
“If society does not reach out to them, the only way is to abandon the babies,” Dr Chua said.

Aug 14, 2010 （ THE STRAITS TIME)

Baby dumping is murder

KL reclassifies fatal cases to tackle problem of baby dumping but NGOs oppose move

By Carolyn Hong, Malaysia Bureau Chief

KUALA LUMPUR - BABY dumping that causes the child's death will now be classified as murder, an offence which carries the death penalty in Malaysia.
The Malaysian Cabinet made the decision after the media highlighted a spate of newborns being thrown away, in some cases publishing photos of ants crawling over a dead baby and decomposed bodies.
The latest case was a dead baby girl found floating in a sewage tank behind a girls' college hostel in remote Kelantan two days ago. The decomposed body was found by a group of boys playing nearby.
Two more abandoned baby cases were reported that day in Malacca and Kuala Lumpur.
Women, Family and Community Development Minister Shahrizat Abdul Jalil said in a statement on Wednesday that the Cabinet has directed the Home Ministry to classify baby dumping cases as murder or attempted murder if the child dies.
'The government has no choice as such acts were tantamount to baby killing,' she said. Official statistics show that there were 407 cases of abandoned babies from 2005 to last year, and 60 cases so far this year. Of the babies dumped this year, 25 were boys and 21 girls. Fourteen could not be identified due to decomposition, including one mauled by dogs.

buby dumping statistic

Nineteen baby dumping cases were recorded by police last month, bringing the total reported cases since 2005 to 517.
According to police figures, from total cases, only 230 babies were found alive.

The relevant sections of the Penal Code read:

Section 309A. Infanticide
When any woman, by any wilful act or omission, causes the death of her newly-born child, but at the time of the act or omission had not fully recovered from the effect of giving birth to such child, and by reason thereof the balance of her mind was then disturbed, she shall, notwithstanding that the circumstances were such that, but for this section, the offence would

some cases of baby dumping.

Teluk Intan; Nurazizah Ramlam, 24, slashed her baby's body, cut the umbilical cord using a blade, wrapped the body in towel and hid it in a cupboard. she was charged under Section 309a of the Penal Code and sentenced to seven years in prison.

Kedah; A woman who admitted disposing of her newborn son in a washing machine was jailed two years by Magistrate's Court for causing his death. She had given a week earlier although she denied it. Police then took her back to her house where they found a dead baby boy wrapped in a plastic sheet and batik cloth in the washing machine.

Setapak; A 14-years-old girl was believed to have flushed her foetus down the toilet bowl. The foetus was found with its legs sticking out of the toilet of a flat belonging to a 38-year-old receptionist. She had early invited the girl over to her house to keep her company.

some image of baby damping

News about the case of babies dumping still continues to be reported by local media of this country. Many ways have been done to remove the child causes of unmarriage either still alive or already dead.

Partners are not responsible for their children could even throw in the trash. We do not know whether the baby was discharged alive or dead.

More cruel - they just put the baby into a plastic bag and placed in the bins for waste transported by truck.

Two cases of the discovery of dumped bodies were reported in the waste disposal center in Kampung Beris Lalang, at Bachok, near Kota Bahru. The body of a baby found by the search for recycling waste products.

Recently, today a baby boy wrapped in white cloth were found in a black bag in the street near, Tasik Titiwangsa, Kuala lumpur by the public at 1pm.

Sentul District Police Chief, ACP Zakaria Pagan said, the 23-year-old complainant had found the baby boy and still alive in a black bag before seeking help from a police in charge around that area.

According to him, one kilogram baby was taken by police to Kuala Lumpur Hospital (HKL) for treatment.

He said, initial inspections revealed the hospital, the baby was born premature or born after a pregnancy of six to seven months.

"The baby is in stable condition and we will immediately conduct an investigation to trace the irresponsible suspect who abandon babies," said Zakaria.

In Samarahan, a young woman aged 15 was arrested yesterday morning after a case believed to be linked the discovery of the baby girl body in a toilet tank in Serian Hospital last Saturday.

Serian district police chief, Deputy Superintendent Jamali Umi said, the teenager was still in a weakened arrested by the police at her home in Serian at 10.30 am to assist the investigations.

"Initial investigations found that police claimed to have youth involved in removing and hiding the dead baby into the toilet water tank after a veiled sense of fear and anxiety," he said.

Jamali said, the teenager had been married to a young man aged 22, had complained of abdominal pain and then sent by her family to Serian Hospital on 27 December.

"However, before the suspect entered the emergency ward, she first entered the public toilet. While she was urinating, sudden infant was also out with the umbilical cord. Caused panic she threw her babt in the water tank, "he said.

It is understood that the teenagers who leave school when they are at form three and did not know she was pregnant after married to a manual labor in July this year.

Jamali said that, after completion of the blood, adolescents involved in going to the toilet and told her family that she no longer experienced abdominal pain and return to their homes.

At 5:19 pm - 1 January, a toilet cleaner found the body of a baby girl weighing one kilogram in the toilet tank in that hospital.

"Police will also have blood samples from her husband to undergo a blood test and deoxyribonucleic acid (DNA) to determine whether the baby girl will belonging to them or not, even though she had made a confession.

"The case will be investigated under Section 318 of the Penal Code for hiding the births and try to throw a baby. If convicted shall be liable to two years imprisonment or fine or both," he said.

This case is not due to removing the child for committing adultery, but the very young age girls that lead to 'insane' to state the truth to her family. The child she is carrying is legitimate through legal marriage.

She is not ready to be in such a marriage. Do not know the difference of herself pregnant or otherwise. Actually, girls married before the mature age must be guide by the family. This guidance may not be cause to her and convicted under Section 318 of the Penal Code.

In the case of abandoned babies who are primarily due to the treatment of adultery. Intercourse before marriage is forbidden in Islam. However, the increased sexual desire to overcome all the limitations and practiced law.

Supposedly, baby dumping cases effectively curbed. Save our new baby. They born without any sin.

baby dumping everywhere!

Baby dumping. Dumping baby means that the acts of throw away the babies at any places without take care the babies. Whats on your mind? As a human being are you willing to do that? 

The issue of baby dumping in the country, especially among young girls is, no doubt, a cause for concern, and a national problem. Almost on a daily basis, one reads newspapers or sees on television people arraigned for dumping their new-born babies in pit latrines or even at dump sites.

One would ask what are the main causes of this inhuman act?

In most cases, people tend to blame the mothers who dumped their babies. Almost half of babies dumped are victims of baby dumping because their mothers have just entered adulthood or some are even in their teens.

Most of these girls are either too young to shoulder the responsibility of being a mother or are afraid of their parents, so they would end up hiding the pregnancy, then later disposing of that innocent soul.

Whatever the case, we see no reason why people should dump their babies. Going by recent media reports, the practice is becoming a way of life in the country, and we want to say that every measure must be put in place to put an end to this unbearable act.

We want to reiterate our call for parents to take up their responsibilities, as they have a large part to play in the sexual lives of their children. Parents should open up to their children, discuss with them and know what their problems are. This way, children can learn from their parents, and try to live their lives through the right path.

Nowadays, babies dumping happening almost every day. According to Community, Family and Women Ministry baby dumping cases had already achieved to thousands per a year. Suddenly this problem has become as a big issue in Malaysia. Why this problem could happen? What had happened to our youths?

       Child is a priceless gift from Allah SWT. We must be grateful if we get child. Not easy for some married partner to get a baby. But, some people nowadays dump their baby everywhere like inside the drain, in front of mosque and so on.