‘Punishment that degrades rather than reforms may entrench resentment’
PETALING JAYA: As Malaysia debates the role of judicial caning in its justice system, experts have said punishment rooted in pain may not deter crime and could undermine rehabilitation.
Universiti Malaya Faculty of Law senior lecturer and criminologist Dr Haezreena Begum Abdul Hamid said rehabilitationbased sentencing is more effective in reducing reoffending than corporal punishment.
She cited international research, including guidance from the United Nations Office on Drugs and Crime, which highlights structured support, supervision, education, skills development and social reintegration as crucial for desistance.
“Malaysian research on former prisoners similarly underscores the importance of life course factors and reintegrative support systems.
“If the objective is not merely to punish, but also to reduce repeat offending, rehabilitation offers a more meaningful pathway than punishment based on pain.”
Haezreena raised concerns about long term psychological effects of caning, noting its association with humiliation, fear and stigma.
“Punishment that degrades rather than reforms may entrench resentment and undermine reintegration,” she said, stressing that family ties, dignity and employability are vital for successful reintegration.
She also said justice should be measured not only by severity, but also by whether it creates safer communities.
“If a sentence is severe but does little to change behaviour or reduce recidivism, then we must question whether it is serving justice or merely performing severity.”
Former Malaysian Bar president Salim Bashir said courts have traditionally avoided interfering in legislative policy unless constitutional rights are breached.
“The Federal Court has taken the position not to encroach into the domain of legislative functions unless there is explicit contravention of constitutional rights.”
He urged Parliament to revisit laws on whipping to align with international standards, although he also acknowledged that views remain divided.
“Some feel that it reflects revulsion and demonstrates abhorrence of the offences committed.”
Safeguards exist, including exemptions for women and requirements for medical officers to certify fitness before punishment.
Courts may also revise sentences if health concerns arise. Malaysia’s highest court yesterday upheld the legality of judicial caning in a 2–1 ruling, finding that whipping does not breach the Federal Constitution.
