A pregnant woman held at Kajang Women’s Prison has lost her unborn baby while awaiting proceedings in a drug-related case, according to her lawyer.
Lawyer Sivahnanthan Ragava, who represents the woman, said the loss had left his client dealing with significant emotional distress and anxiety.
“She has not been proven guilty. Therefore, if the law allows the court to consider bail based on her pregnancy, it could potentially save a life,” he said in a statement on Tuesday.
Sivahnanthan said the case had also highlighted wider concerns over whether the current legal framework provides sufficient room for humanitarian considerations in drug-related cases.
He recalled representing another client at Sungai Buloh Prison who had been diagnosed with nasal cancer that later spread to the lungs and left him blind in one eye. The prisoner underwent chemotherapy while in custody.
According to Sivahnanthan, such situations arise because the Dangerous Drugs Act 1952 does not provide the usual avenue for bail applications in cases covered by the legislation.
He questioned why similar humanitarian considerations available under other laws were not provided for drug-related cases.
“For serious offences under Section 13 of the Security Offences (Special Measures) Act 2012 (SOSMA), the court may grant bail in certain circumstances, including for female accused persons, those who are sick or infirm, and individuals below 18.
“So why does the Dangerous Drugs Act not provide a similar humanitarian exception for pregnant women or accused persons suffering from critical illnesses?” he asked.
He said the issue was not simply about restricting the court’s ability to grant bail, but that the Dangerous Drugs Act effectively left no room for bail in such cases.
“Even if an accused person suffers a heart attack in front of a judge, bail cannot be granted because the judge has no power to do so,” he said.
Sivahnanthan stressed that a person charged with an offence should not be treated as a criminal before being convicted by a court.
He therefore urged the Government and all Members of Parliament to urgently amend the relevant drug laws to give courts discretion to grant bail on humanitarian grounds in exceptional circumstances.
He clarified that he was not seeking unrestricted bail for those accused of drug trafficking.
“What I am asking for is judicial discretion to consider bail for pregnant women, elderly people and accused persons who are genuinely suffering from serious or critical illnesses.
“Strict conditions could be imposed, such as electronic monitoring devices, surrendering passports, mandatory reporting to police stations and other safeguards to address flight risks and ensure the administration of justice is not compromised,” he said.
He also called for mechanisms to be introduced for prisoners who develop terminal or life-threatening illnesses after conviction.
Sivahnanthan said the law should allow for sentences to be postponed, suspended or for prisoners to be released on humanitarian grounds when continued imprisonment no longer serves a meaningful purpose and could result in them dying in custody.
“I hope the Government will urgently consider amending the Dangerous Drugs Act 1952 to introduce carefully controlled provisions for bail on humanitarian grounds.
“This is not about being lenient towards those accused of criminal offences. It is about ensuring that the fight against drugs does not come at the cost of basic human values,” he said.
