The Sexual Harassment Act Must Protect Minorities and Marginalized Communities

As the government plans to amend the Anti-Sexual Harassment Act 2022 (Act 840) to strengthen it, the government must, among other things, ensure clear protection for minority and marginalised groups such as the LGBT (lesbian, gay, bisexual, transgender) community.

Although Malaysia does not recognise the LGBT community, it does not mean we can turn a blind eye when they are sexually harassed, insulted and intimidated. Even if you disagree with them, the issue should be resolved in a civilised manner, not through violence or provocation.

Sexual harassment can happen to anyone. The effects of sexual harassment can be very serious. It can affect someone’s mind, emotions and entire life. In the worst cases, it can lead to deep depression and even suicide.

Any form of harassment and hostile treatment of the LGBT community, especially sexual harassment, should be dealt with strictly under existing laws. An example is insulting them by calling them names like sissy, “pondan”, “bapok”, “kunyit” and more. Those who utter such insulting words should be prosecuted.

The Anti-Sexual Harassment Act 2022 (Act 840) was first introduced in Parliament in December 2021, passed by the Dewan Rakyat in July 2022, and notified into law in October 2022. The Act provides for the right to redress for anyone who has been sexually harassed and the establishment of a tribunal for this purpose.

Section 7(1) of the Act states: “The court shall have jurisdiction to hear and determine any complaint of sexual harassment made by any person.” Due to the complex nature of sexual harassment, there is no universal definition of it. However, many countries define sexual harassment as a form of harassment that is sexual in nature and is unwanted by the recipient.

Article 2 of the law defines sexual harassment as “Any unwanted conduct of a sexual nature, in any form whatsoever, whether verbal, non-verbal, visual, sign language or physical, directed at a person which is reasonably offensive or humiliating or poses a threat to his or her well-being”. This includes making offensive remarks and obscene gestures.

In addition to legislation, education can play a significant role in ending sexual harassment. Malaysians must know that all forms of harassment against anyone are wrong and must be prevented. – September 3, 2024.

* Muzaffar Syah Mallow reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.