February 4, 2023

Bazar Lead

Just Law & Legal

Malaysia passes Anti-Sexual Harassment Bill with very minor amendments, despite widespread criticism

Malaysia’s Dewan Rakyat (Property of Representatives) has handed the Anti-Sexual Harassment Monthly bill 2021, irrespective of unaddressed worries of important shortcomings in the Bill.

The Bill was in the beginning tabled for its initial studying in December 2021 (Study our prior post: “Malaysia’s Anti-Sexual Harassment Invoice tabled in Parliament”). It was then withdrawn from a second examining earlier in 2022, with the govt indicating that it would be substantially reviewed following sturdy opinions acquired from several parties. Unfortunately, the Invoice which was handed this 7 days only experienced incredibly minor amendments from the 1st draft.

Owing to the restricted revisions made from the initial draft, our summary of the Bill printed in December 2021 is nonetheless typically precise: https://themalaysianlawyer.com/2021/12/15/anti-sexual-harassment-invoice/

These are the content changes in the up to date edition of the Bill:

  1. A new Clause 7(3) is incorporated, introducing a limitation period of time for sexual harassment issues: “A complaint referred to the Tribunal below this Act is issue to the Limitation Act 1953.”
  2. Though the unique variation offered that parties at the hearing of a sexual harassment criticism are unable to be represented by an advocate and solicitor, this has been revised [at Clause 13(2)] to offer that authorized representation will be permitted if “in the opinion of the Tribunal, the issue in issue consists of sophisticated concerns of law”. The revisions also offer that if just one bash is allowed to represented by an advocate and solicitor, then the other celebration will also be so entitled.

With these incredibly constrained alterations, it seems that the problems elevated by quite a few rights organisations who had hoped for “a meticulous evaluation of the Bill” have been left unheard. Time will notify whether the new lengthy-awaited regulation will be complete more than enough to secure the legal rights and wellbeing of sexual harassment victims.