Lawyers For Liberty refers to the recent statement by the Selangor police chief Hussein Omar Khan that the police have launched an investigation under Section 298A of the Penal Code and Section 233 of the Communications and Multimedia Act 1998 (CMA) into PSM youth wing’s LGBTQ+ health awareness workshop.
The police, in justifying the investigation, stated that this is because the event “is seen as crossing public sensitivities and violating national laws which do not support any form of LGBTQ+ practices in this country.”
This police probe has no legal basis whatsoever and amounts to a serious abuse of police powers. The penal laws cited have no relevance or connection to the event.
Section 298A of the Penal Code prohibits causing disharmony, disunity or feelings of enmity, hatred or ill will or prejudicing the maintenance of harmony or unity on grounds of religion; whereas Section 233 of the CMA is for improper use of network facilities or network services.
The event, which the organisers clearly state is to deliver sexual health information, does not offend these laws as it has nothing to do with insulting any religion or with the improper use of network facilities.
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The excuses given by the police echo and repeat the stand taken by Religious Affairs Minister Na’im Mokhtar, who, in condemning the event, stated it is contrary to the Federal Constitution and existing laws due to Islam being the official religion of the Federation.
LFL strongly rejects this unacceptable statement. The Supreme Court in the case of Che Omar Bin Che Soh v Public Prosecutor declared that the status of Islam under the Federal Constitution does not imbue the laws of this country with Islamic and religious principles. That therefore cannot be grounds for saying the event is unlawful or unconstitutional, and it is highly irresponsible for a sitting minister to make such a reckless statement.
Put another way, the fact that Islam is the official religion does not authorise the government to go on a witch-hunt against events which allegedly infringe the tenets of Islam.
In any event, in no way does this public health event for a minority group offend against Islam. Islam encourages compassion and aid to those who require it.
LFL reminds the minister and the police of Article 5(1) of the Federal Constitution, which states that no person shall be deprived of his personal liberty save in accordance with law. The police cannot embark on an unfounded investigation based on inapplicable penal provisions. Doing so would be violating the right to personal liberty of the public.
It is also important to remember and uphold Article 10(1)(a) and (b) of the Constitution, which protects the right of freedom of expression and freedom to assemble.
Despite the minister’s or government’s objection to the event due to the LGBTQ+ element involved in it, this does not override the constitutionality guaranteed rights that are enumerated in the Constitution. These protections exist so that people within minority groups are able to carry on their daily lives without threats, intimidation or harassment from anyone, including the government. It is in fact the duty of the government to ensure that these rights are protected, especially for minority groups who are at risk of persecution.
Thus, LFL urges the government and police to immediately halt the unlawful investigation on the PSM youth wing’s LGBTQ+ health awareness workshop.
The government must also ensure that ministers do not irresponsibly make statements that have no legal basis and incite hatred towards minority groups. They, like all in Malaysia, are entitled to the rights guaranteed by the Federal Constitution. – LFL
Zaid Malek is the director of Lawyers For Liberty.
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