A lack of gender sensitivity in our courts?

MP SPEAKS I refer to the latest Shah Alam High Court decision which reduced the award for Noorfadilla Ahmad Saikin’s pregnancy discrimination case by 90 percent from RM300,000 to RM30,000.

It must be noted that the court did not question the liability of the case, but on the quantum of the award to Noorfadilla. Thus, while I do not want to question the integrity of the judgment, I want to point out that the decision reveals a lack of gender sensitivity of our system.

According to a landmark decision by the Privy Council in the case of the attorney-general of Trinidad and Tobago v Ramanoop: “An award of compensation will go some distance towards vindicating the infringed constitutional right.

"How far it goes will depend on the circumstances, but in principle it may well not suffice. The fact that the right violated was a constitutional right, adds an extra dimension to the wrong.

“An additional award, not necessarily of substantial size, may be needed to reflect the sense of public outrage, emphasise the importance of the constitutional right and the gravity of the breach, and deter further breaches.”

Therefore, the decision to reduce the award risked sending out a wrong signal: a slap on the wrist for a serious action against the constitution and gender equality - pregnancy discrimination.

I have long mentioned that unfairness against women stemmed from a culture which treats women as inferior to men.

Wretched treatment against women

A situation where there is no gender equality, where women are thought of as only good to stay at home as unpaid caregivers whose life decisions must be made by or in consultation with men, are deemed easily influenced, easily violated, defenceless, should be “tamed”, and most despicable of all: Okay to be bullied.

As a society, we are facing many issues - from discrimination against women in the marketplace and public life to violence against women, to the nauseating situation where one Malaysian woman becomes a victim of rape every 15 minutes.

And one of the biggest reasons for the unfairness against women in our society is the institutionalisation of gender discrimination in the government. From sexist jokes in Parliament, to laws and practices of government institutions which give disadvantages to women.

The court, therefore, should take this opportunity to impress upon our society the seriousness of achieving gender parity and gender mainstreaming, end gender discrimination and uphold women’s rights.

The current situation of unfairness against women is grave enough to warrant a large quantum proportionate to the gravity of the problem.

Pregnancy is not just a private matter, but a matter of the human society.

The government, especially, is beholden to ensure socio-economic protection for pregnancies. As such, it is totally unacceptable for the government of Malaysia to practise pregnancy discrimination.

If ignorantia juris non excusat (ignorance of the law is no excuse), how much more would it apply to those who are supposed to be the guardians of the law, the Malaysian government.

Hence, if the government is serious in achieving gender parity, it should remedy this situation by introducing a ban on pregnancy discrimination in employment - starting with our very own public service.

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STEVEN SIM is the MP for Bukit Mertajam. -Mkini