Caning in Malaysia

Caning, also referred to as whipping in traditional British legislative terminology, is used as a form of corporal punishment in Malaysia.

[1] Judicial caning, the most severe of the four forms of corporal punishment in Malaysia, can be ordered as part of a criminal sentence imposed by civil courts on male convicts.

In the domestic setting, it is legally and culturally acceptable for parents to punish their children with a light rattan cane for misbehaviour.

Malaysia has been criticised by human rights groups for its use of judicial caning, which Amnesty International claims "subjects thousands of people each year to systematic torture and ill-treatment, leaving them with permanent physical and psychological scars".

[2] Caning, as a form of legally sanctioned corporal punishment for convicted criminals, was first introduced by the British Empire in the 19th century.

[3] The practice of judicial caning was retained as a form of legal penalty after the Federation of Malaya declared independence from Britain in 1957.

It is largely a legacy of British colonial rule and has nothing to do with "Islamic justice" even though the majority of the Malaysian population are Muslims.

The procedures include the following: Boys aged between 10 and 18 may be sentenced to a maximum of 10 strokes with a light rattan cane.

Every year, thousands of illegal immigrants (mostly from Indonesia) are briefly incarcerated, punished with one or two strokes of the cane, and then deported.

[11] Malaysians have called for caning to be imposed as a punishment for illegal bike racing,[12] snatch theft,[13] traffic offences,[14] deserting one's wife,[15] perpetrating get-rich-quick schemes,[16] and vandalism[17] (cf.

[23][29] If the medical officer certifies that the offender is not in a fit state of health to be caned, the offender will be sent back to the court for the caning sentence to be remitted or converted to a prison term of up to 24 months, in addition to the original prison term he was sentenced to.

According to press reports from between 2012 and 2014, the punishment is administered by a police officer inside the courtroom in full view of everyone present there, immediately after the judge announced the sentence.

The cane rips into the victim's naked skin, pulps the fatty tissue below, and leaves scars that extend to muscle fibre.

However, direct camera shots of the cane striking prisoners' bare buttocks were edited out from the telecast because they were deemed too sensitive for viewers.

[43][44] Judicial caning is also used as a form of legal punishment for criminal offences in two of Malaysia's neighbouring countries, Brunei and Singapore.

[48] Malaysia has a parallel justice system of sharia courts, which can order caning for Muslim men and women under Section 125 of the Syariah Criminal Offences (Federal Territories) Act 1997.

[49] The punishment is normally carried out in an enclosed area out of the view of the public, even though the Syariah Criminal Procedure (Sabah) Enactment 1993 allows the court to determine where the caning is to take place.

Each stroke intended to be executed with force low enough to not break the skin,[49] and the officer delivers the punishment with a "limp wrist" and without raising his/her hand.

[citation needed] In Malaysian primary and secondary schools, caning is a legal disciplinary measure.

A survey conducted by YouGov in 2019 found that 81 percent of parents in Malaysia supported the use of corporal punishment.

[74][75] There are many reported cases suggesting that the caning of girls on the clothed bottom, arms, legs,[76] or palm of the hand[77] is a common practice.

[81] Caning is especially prevalent Malaysia's Chinese-language medium schools,[82] where it is a daily occurrence for girls and boys of all ages instead of being a "special punishment" reserved for serious offences.

[83] Corporal punishment of children with a rattan cane by their parents is lawful and culturally accepted in Malaysia.

A 2010 report by Amnesty International criticises the increasing use of judicial caning in Malaysia and claims the punishment "subjects thousands of people each year to systematic torture and ill-treatment, leaving them with permanent physical and psychological scars".

The charity argues the practice could cause long-term disabilities and trauma and said many of the foreigners sentenced to caning did not get legal representation or understand the charge.