Suhakam wants 'diversion policy' after teen's remand for punching teacher
Published: Aug 1, 2025 10:44 AM
Updated: 1:30 PM
Summary
- Following a 14-year-old student’s two-day remand for assaulting his teacher, Suhakam’s children’s commissioner Farah Nini Dusuki advocates for a “diversion policy” that would redirect children accused of minor offences away from the criminal justice system into community-based programmes.
- She says such initiatives should focus on education, counselling, and behavioural support, emphasising that this approach is more effective and humane than punitive measures.
Suhakam today called for the implementation of a “diversion policy” for children in conflict with the law, in collaboration with stakeholders such as the police, welfare services, schools, and the judiciary.
The call follows a two-day remand, which was handed down to a 14-year-old student who assaulted his teacher.
“A diversion mechanism allows children accused of minor or non-violent offences to be redirected away from the criminal justice system into community-based programmes focused on education, counselling, and behavioural support.
“This approach would not only reduce the risk of criminalisation and social stigma but also address underlying issues such as trauma, neglect, or mental health.
“Such a policy is not a denial of accountability, but a shift towards restorative and rehabilitative justice, which is proven to be more effective and humane for children,” Suhakam children’s commissioner Farah Nini Dusuki said.
The “kelas peralihan” (remove class) student was arrested on Monday (July 28) after punching a 29-year-old male teacher, who lodged a police report later that day.
The call follows a two-day remand, which was handed down to a 14-year-old student who assaulted his teacher.
“A diversion mechanism allows children accused of minor or non-violent offences to be redirected away from the criminal justice system into community-based programmes focused on education, counselling, and behavioural support.
“This approach would not only reduce the risk of criminalisation and social stigma but also address underlying issues such as trauma, neglect, or mental health.
“Such a policy is not a denial of accountability, but a shift towards restorative and rehabilitative justice, which is proven to be more effective and humane for children,” Suhakam children’s commissioner Farah Nini Dusuki said.
The “kelas peralihan” (remove class) student was arrested on Monday (July 28) after punching a 29-year-old male teacher, who lodged a police report later that day.
A video clip of the altercation went viral, and the boy was remanded for two days following his arrest on the same day.
He pleaded guilty yesterday at the Kajang Magistrate’s Court for causing injury.
Farah said that the incident should serve as a catalyst for reflection on broader systemic issues and prompt urgent consideration of whether schools have sufficient proactive and positive behavioural support systems, with students having timely access to mental health services.
She said that it was also important to assess whether teachers themselves are adequately equipped with conflict resolution and trauma-informed strategies.
“Suhakam stands in solidarity with the teacher involved and reiterates that violence in any form is unacceptable. Every individual, whether teacher, student, or staff, has the right to a safe and respectful environment in which to teach and learn.
“However, Suhakam also strongly emphasises that children who come into conflict with the law must be treated in a manner that upholds their dignity, rights, and potential for rehabilitation, as guaranteed under the Child Act 2001 (Act 611), and Malaysia’s international commitments, including the UN Convention on the Rights of the Child, adopted by the United Nations General Assembly on Nov 20, 1989,” she added.
Farah reminded that Malaysia must move beyond punitive responses and embrace a children’s justice system that reflects compassion, equity, and the best interests of the minors.
Civil society members expressed caution
Former Suhakam commissioner James Nayagam yesterday criticised the student’s two-day remand, arguing it shows Malaysia’s lack of commitment to less punitive approaches with minors.
He found the case particularly troubling, given that neighbouring Singapore has made significant strides in juvenile justice reform, warning that court processing could brand the boy with a lifelong criminal record stigma.
Children’s welfare lawyer Shanker Sundaram praised the court’s decision to seek a Social Welfare Department report to assess the boy’s background before sentencing.
Lawyer Samantha Chong, meanwhile, argued children should generally receive bail unless facing serious offences, noting that since evidence had already gone viral online, remand was unnecessary, whilst cautioning that there are two sides to every story.
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