‘Remand is not the answer’


Activists call for better handling of minors facing problems

PETALING JAYA: The recent case of a child impersonating a medical officer underscores the urgent need for improved handling of minors who may need medical attention, say children rights activists.

They advocate for measures that prevent such cases from pushing children into the criminal justice system, which could severely impact their future.

Child Rights Innovation and Betterment Foundation co-chairperson Srividhya Ganapathy highlighted that children’s offences are often driven by emotional, physical, psychological and environmental disabilities or conditions.

“In this case, a child was reportedly impersonating a medical officer and attempting to assist with surgery.

“While we lack details about her motivations, it’s clear that immediate attention and support are needed.

“Children typically don’t end up in such situations without underlying issues,” she said.

Last week, a 14-year-old was remanded for two days under Sections 448 and 170 of the Penal Code for trespassing and impersonating a civil servant after pretending to be a staff member at a public hospital in Serdang.

Srividhya called for a reassessment of how children in conflict with the law are treated, arguing that the current practices, such as remanding minors and exposing them to potentially harmful conditions, do not align with goals of protection and rehabilitation.

“Instead of arresting the child, why wasn’t she examined by mental health professionals given that she was already at the hospital?

“If the objective of the arrest was to scare the child, why was she then remanded?” she asked.

Prominent child rights activist Datuk Dr Hartini Zainudin also emphasised that alternative measures should be considered for minors.

She suggested that the teenager could have been released into the custody of her parents or guardians while investigations continued, rather than placing her under remand.

“The Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said has spoken about setting up an online hotline for children in need of aid in cases of emergency or to make a report.

“I hope such a service will be equipped with trained counsellors and legal aid,” she said.

Hartini further called for improvements in emergency care systems for children, including the establishment of dedicated paediatric emergency department and faster service lanes.

This would allow the public health facilities to provide comprehensive mental health services and support for minors experiencing distress or crisis, to educate the public, especially parents and caregivers, and children on the appropriate use of emergency services and available resources for children’s healthcare needs.

However, she acknowledged the challenges in obtaining parental or legal guardian’s consent for treatment when they are not present due to a variety of reasons.

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