by Neshalatha Govarthnapany
KUALA LUMPUR: The new Drug Dependants (Treatment and Rehabilitation) (Amendment) Bill 2024, is a step forward in recognising addiction as a disease. However, the bill still enforces stringent measures against drug users and their families, according to Hafizi Harun, President of Persatuan PENGASIH.
The bill was recently passed in the Malaysian Parliament after being reviewed by the Parliamentary Special Select Committee (PSSC).
While the primary aim of the act is to rehabilitate drug dependants rather than subjecting them to harsh criminal penalties, the bill has sparked various concerns among stakeholders, especially addiction experts in the country.
Recognising addiction as a disease, which is a crucial part of tackling drug dependency, is certainly commendable but the bill has significant shortcomings, said Hafizi.
“The new bill is not fully in line with the principles of decriminalisation. It places a heavy emphasis on punishment, including fines and incarceration, which contradicts the principles of decriminalisation and modern understanding of addiction.”
Home Minister Datuk Seri Saifuddin Nasution Ismail in passing the bill had emphasised the decriminalisation aspect of the amendments, whereby individuals who are drug dependents are sent to
treatment and recovery programmes instead of imprisonment.
Nevertheless, some have argued that this bill is still punitive and contradicts with the principles of decriminalisation.
“True decriminalisation would involve removing criminal penalties for drug use and focus on
health-based approaches to addiction treatment. However, this bill still includes provisions
for mandatory rehabilitation, fines, and even incarceration for relapses, which are
counterproductive,” Hafizi said.
Hafizi then stressed on the definition of addiction, whereby it is a chronic, relapsing condition. “Treating it as a criminal offence rather than a medical issue does not align with best practices for managing such diseases.
“Effective decriminalisation should also recognise the potential for relapse as part of the disease and focus on supportive measures rather than punitive actions.”
“Another concern about the new bill is the issue of holding parents accountable through fines. This is problematic as many adolescents at risk come from already struggling families. Instead, the focus should be on preventive measures and enhancing protective factors within communities.”
Further refinement of the bill is needed to ensure its effectiveness in supporting individuals who are struggling with addiction, Hafizi said.
“This refinement should result from a collaborative discussion involving the community, medical professionals, law enforcement, and the National Anti-Drugs Agency (AADK). A collaborative approach will ensure that the bill aligns with both decriminalisation goals and the best practices for treating addiction as a medical condition.
“Emphasising effective prevention methods and integrating medical perspectives into the rehabilitation process are critical steps.”
Neshalatha Govarthnapany (Nesha Pany) is currently residing in Prague, Czech Republic, where she is pursuing her doctoral studies in addiction science. In Malaysia, she worked in the public health care system for over a decade, serving marginalised communities, including individuals living with HIV and those struggling with drug addiction. Beyond her academic and professional endeavours, she is an avid artist and writer, channeling her creativity into expressive works. Additionally, Nesha is also an alternative practitioner, enriching her holistic approach to life and healing.
–WE