SEXUAL harassment can happen to anyone. It can happen to women, men, the elderly, children, the disabled, and people in marginalised groups such as the lesbian, gay, bisexual and transgender (LGBT) community

Regardless of whether Malaysia officially recognises the  LGBT community, we must refrain from engaging in harassing, insulting, and intimidating behaviours towards them. Disagreements should be resolved through civilised means, avoiding violence and provocation. 

The LGBT community faces marginalisation, abuse, disdain, and neglect in societies worldwide, possibly due to their lifestyles conflicting with societal norms. Consequently, they have been subjected to various forms of harassment, including sexual harassment. However, it is crucial to emphasise that cultural or religious differences should not justify subjecting them to mistreatment.

Sexual harassment knows no bounds, affecting individuals regardless of gender or sexual orientation. Its severe impact on victims includes emotional distress and, in extreme cases, can lead to deep depression or even suicide.

The law must address harassment and hostile treatment, particularly sexual harassment directed at the LGBT community. The recently enacted Anti-Sexual Harassment Act 2022 (Act 840) provides a framework for redress, establishing a tribunal for Anti-Sexual Harassment and aiming to raise awareness and prevent such incidents. Section 7(1) of the act grants the tribunal jurisdiction to hear and determine complaints of sexual harassment, offering a legal avenue for victims, including those from the LGBT community, to seek remedy.

Derogatory terms and offensive behaviours, such as name-calling, aimed at the LGBT community should be strictly prohibited. The law empowers individuals to take action against anyone uttering sexually insulting and abusive language.

Section 2 of the act defines sexual harassment broadly as any unwanted conduct of a sexual nature, in any form, directed at a person that is reasonably offensive, humiliating, or a threat to their well-being. This includes various forms of harassment such as verbal, non-verbal, visual, psychological, and physical.

Education plays a pivotal role in eradicating sexual harassment and other forms of mistreatment. It is crucial to create awareness among the public, emphasising the wrongfulness of harassment and fostering a culture of respect for all individuals, regardless of their background.

In conclusion, advocating for the inclusion of marginalised groups, especially the LGBT community, under the Anti-Sexual Harassment Act is crucial for creating a society that upholds principles of justice, equality, and respect for all. It represents a significant step towards fostering an environment free from harassment and hostile treatment, where every individual can live with dignity and without fear of discrimination. – November 22, 2023.

* Muzaffar Syah Mallow is associate professor of shariah and law at Universiti Sains Islam Malaysia.

* 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.