PUNITIVE measures increase the risk of double standards and victimisation of people, said Galen Centre for Health & Social Policy on the second reading of the proposed amendments to the Prevention and Control of Infectious Diseases Act (Pcida) 1988 (Act 342).

Its chief executive officer Azrul Mohd Khalib said the amendments known as RUU 342 currently include increasing the maximum compound from RM1,000 to RM5,000 for individuals violating this law.

It also 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, significantly increasing the powers and authority of the director-general of health during a public health emergency.

“Learning from the Covid-19 crisis in 2020-2022 in particular the use of lockdowns, 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.

“It will also likely increase 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,” he said.

Azrul said 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 was very high and seen with admiration by many countries, particularly in the West,” he said.

Citing the National Health and Morbidity Survey 2019, Azrul said that one in three Malaysians has low health literacy, and are not likely to understand disease prevention activities, health and healthy lifestyle practices.

He said punishing people for something they do not fully understand is wrong, especially when they have not done enough to improve the country’s health literacy and under-invested in health promotion and education.

“Unfortunately, we have already seen how people were treated differently when it came to the enforcement of these SOPs. Double standards are a reality in this country,” Azrul said.

“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 altogether. Imposing such punishing fines will risk sending many to prison due to their inability to pay.

“RM5,000 is more than three times the minimum wage in Malaysia. If you must be punished, even a fine of RM250 and a night in a police lockup are sufficient. It still hurts and the experience is sobering,” Azrul said.

Health Minister Dzulkefly Ahmad announced that amendments to the Prevention and Control of Infectious Diseases Act 1988 (Act 342) will be tabled in the current Parliament sitting.

Although he did not specify the proposed amendments to the Act that was heavily enforced during the Covid-19 pandemic, it is likely that the Act 342 amendment will include provisions related to the International Health Regulations (IHR) amendments recently adopted by the World Health Assembly (Wha).

Under Prime Minister Ismail Sabri Yaakob’s administration, the government tabled an Act 342 amendment bill in December 2021 – during the Covid pandemic – that raised compounds of offences from the current RM1,000 maximum to RM10,000 for individuals and up to RM500,000 for corporate bodies.

Individuals convicted of offences under Act 342 faced penalties of a maximum RM50,000 fine, up to three years’ jail, or both under Section 24 on the proposed amended general penalties. For corporate bodies, a maximum RM2 million fine upon conviction was proposed.

After public uproar and opposition from Umno and DAP lawmakers, in particular, Ismail Sabri announced in March 2022 that his administration had decided not to table the Act 342 amendment bill. – July 15, 2024.