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ADUN SPEAKS | New law to control pandemic or curb rights of Malaysians?

ADUN SPEAKS | The proposed amendment to the Prevention and Control of the Infectious Disease Act, or simply known as Act 342, might go for second reading in the extended Parliament seating on Dec 20.

This last-minute extension, despite protests from the opposition MPs, is a result of a meeting between Health Minister Khairy Jamaluddin and opposition leaders.

Why there is a need for a stringent amendment that would impose a penalty of RM100,000 and a jail term of three years for those breaking the law in regard to the control of the Covid-19 pandemic is difficult to understand.

Such a kind of law should have been proposed much earlier when the pandemic was rearing its ugly head and certainly not at the time when the pandemic is about to enter the endemic phase.

It is not that we should relax but should remain ever vigilant in the fight against the pandemic, especially with the new variant Omicron in our midst.

Carelessly invoked

It seems that fear surrounding the new variant appears more imagined than real.

It looks like the new variant has been carelessly invoked as a means to place curbs on cultural and religious festivals in the country.

Remember what National Unity Minister Halimah Sadique said about not having chariot procession during Thaipusam next year.

The analogy of closing the gates of the stable after the horses have left seems quite applicable to this new amendment to Act 342.

It is not that the laws should be unchanging or static, they should be cognisant of changes around us.

The purpose of the law is to educate to ensure deterrence and not with the aim of inflicting punishment or injury.

I am sorry that Khairy, who did a decent job in controlling the pandemic, has lost sight of what needs to be done at the tail-end of the pandemic.

He has come up with an obnoxious amendment to Act 342 to increase the punishment on those charged with flouting the law against the pandemic.

It is not just about increased penalties, it is more about justice arising from the enforcement of such penalties if the proposed amendment gets through Parliament after the second sitting.

I understand that as a result of the joint meeting between the government and the opposition, the penalties have been reduced before the amendment could be presented to Parliament for debate and discussion.

It is common knowledge that during the height of the pandemic, the laws were not uniformly applied.

While the rich and those connected with the corridors of power got away, it was the common men and women who were punished for infringement.

Even if the penalty or compound was imposed on politicians or those who were connected to them, the impact was less on them than those wage earners, a significant portion of whom were unemployed during the pandemic.

Khairy’s high marks for his performance as a minister are not reflected in the new amendment. With this, he has lost whatever public goodwill he has earned.

He was just lucky to become the health minister at a time when the country was recovering from the pandemic.

Khairy sounds like a typical Umno politician who has no feelings or empathy for the poor and the unfortunate.

A fine of RM100,000 or RM50,000 in penalty might not mean anything to the rich and the powerful but such a hefty compound would ruin individuals and families.

Obnoxious laws

There is no need to amend the law in the first place, let alone the opposition discussing with the government to mitigate the obnoxious aspects of the new law.

The amendment should be rescinded as soon as possible.

I am not sure why the law is being amended at this time. What are the reasons behind it?

Is it because of the religious and cultural festivals that might be taking place such as Christmas, Thaipusam, Chinese New Year, and others?

Is the new law intended to culturally deprive the ethnic and religious communities of celebrating their festivals?

Is the proposed law another form of curb on the rights and freedom of ethnic communities in Malaysia?

Is this the government that has been propped up by the memorandum of understanding (MOU) with the opposition?

Is this proposed law part of the bargain with the opposition to curb or curtail the cultural rights of the ethnic and religious communities in the country?

Or has the government lost its mandate to govern?

Obnoxious laws are reflective of the desperation of the government. The proposed law might not be neutral.

The question is, why is such an amendment brought in at a time when major cultural and religious festivals are about to take place?

It serves no purpose other than the mechanical and blind adherence to the MOU by the opposition to allow for it.

The present government is no different from the earlier BN government that collapsed under its own weight of corruption and abuse of power.

I call upon the Pakatan Harapan leaders and others to say no to this wolf in sheep’s clothing law.

It is obnoxious, divisive, and has nothing to do with the control of the pandemic or the imagined political fear of the distant Covid-19 variant.

It is all and everything about the nature of sectarian politics in the country.

The opposition must get real and not be hoodwinked by the government.


P RAMASAMY is Perai assemblyperson and Penang deputy chief minister II.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.


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