The government has proposed amendments to the Prevention and Control of Infectious Diseases Act (PCIDA) 1988 (Act 342), also known as RUU 342, which were tabled for the first reading at the Dewan Rakyat on July 15, 2024.
This is the second attempt to amend this legislation after it was withdrawn in March 2022 by then Prime Minister Ismail Sabri Yaakob.
The proposed amendments currently include increasing the maximum compound from RM1,000 to RM 5,000 currently on individuals violating this law, empowers an officer to order an individual infected or believed to be infected with a disease or any close contact to wear or use a tracking device, and significantly increasing the powers and authority of the Health Director-General during a public health emergency.
Learning from the Covid-19 crisis from 2020 to 2022, specifically the use of lockdowns, the enhanced movement control orders (EMCO) and the enforcement of standard operating procedures (SOPs), punitive measures would disproportionately affect the most vulnerable in society especially people from lower income households and disadvantaged socioeconomic backgrounds, likely increase the incidence of corruption, and result in criminalisation, double standards, and discrimination of those affected.
This is not a theory. We saw much of this occurring during the Covid-19 crisis. Such measures would also work against the objective of improving public health outcomes, namely preventing the further spread of infectious diseases.
The rationale that the threat of increased severity of penalties under Act 342 is needed to increase compliance and adherence to SOPs imposed during a public health emergency is flawed and more likely to victimise people and communities rather than control the spread of disease.
Even with the penalties under the existing laws, general adherence and compliance among the Malaysian public were very high and were viewed with admiration by many countries, particularly Western countries.
The National Health and Morbidity Survey 2019 findings found that one in three Malaysians have low health literacy, and are not likely to understand disease prevention activities, health promotion, and healthy lifestyle practices.
They do not understand the health information provided, how it relates to themselves, and how to change their behaviour.
Punishing people for something that they do not fully understand is wrong, especially when we have not done enough to improve our health literacy and underinvested in health promotion and education.
Unfortunately, we have already seen how people are being treated differently when it comes to the enforcement of these SOPs. Double standards are a reality in this country.
A good example is the wearing of face masks and SOP compliance by government officials and politicians during the Covid-19 crisis. Many were given low fines or escaped penalties due to non-compliance.
Imposing such punishing fines will risk sending many to prison due to their inability to pay them. RM 5,000 is more than three times the minimum wage in Malaysia. If you must be punished, even a fine of RM250 and a night in police lockup are sufficient. It still hurts and the experience is sobering.
Fines, imprisonment, or both, to enforce measures such as quarantines or compliance with SOPs have limitations and harsh legislation during public health emergencies often undermines public health by creating barriers to prevention, testing, care, and treatment. They end up doing more harm than good.
Studies and our own experiences show that the use of fear, intimidation, and threats of punitive penalties in a public health emergency creates stigma, discrimination, and victim-blaming.
Rather than come forward to seek treatment, people will likely hide their illness fearing repercussions. We saw this happen too.
Hard-earned lessons from previous pandemics have shown that good information, cooperation, empathy, and compassion reduces suffering, protects public health, and saves lives.
Azrul Mohd Khalib is the chief executive of the Galen Centre for Health and Social Policy.
- This is the personal opinion of the writer or publication and does not necessarily represent the views of CodeBlue.
