SHOULD SEARCH OF DIFFERENT GENDER BE ALLOWED AS WELL AS THE ISSUE OF SEARCH ON TRANSGENDER.

LECTURER : ASSOC. PROFESSOR DR. ABDUL RANI KAMARUDIN SUBJECT SECTION : CRIMINAL PROCEDURE 1 (LAW 4310) :1

GROUP MEMBER: 1. NOR KATRINA ANIS BINTI AHMAD GHANI 2. SITI AISHA BINTI TAHIR 1013036 1019664

Gender has always been an issue in todays world. Regardless of places, people will always raise multiple issues when it comes to gender especially the issue of discrimination. Such instances can be seen when it comes to privileges that have been given to women as well as restrictions too. The first issue that wants to be highlighted in this article is regarding search conducted on male suspects by female police officers. The second issue that needs to be fully scrutinized is that of conducting search on transgender suspects. These issues will be discussed further below. In dealing with the first issue, according to section 19 (2) of the Criminal Procedure Code, whenever necessary, female suspects shall be searched by female officers with strict regards to decency. However, nothing has been said of search on male suspects; shall it be done by male officers too or are they allowed to be searched by female officers? Therefore, the purpose of this article is to analyse the position of female officers in dealing with male suspects. Previously sometime between 1935 to 1999, the posts of police officers were synonymous to male and that it was so rare to see women joining police force. They were taught that female should never work and even if they were allowed to, they will only be given limited access to the outside world. Thus, the provision did not cater for situations concerning involvement of female police officers. Nowadays, peoples standard of living are getting higher and higher and that it demands women to be at par with the men. As a consequence, the posts are now filled with female

officers. Since the parliament has yet to amend the relevant provision of section 19(2) of the Criminal Procedure Code, then the provision will be interpreted via golden rule. This means that the interpretation will be based on the aim and objective of the provision proposed by the legislator. The part that can be referred to when interpreting the provision is on the use of the phrase with strict regard to decency. Although the provision only caters for the search of women suspect, the same will apply to the men as well. However, we are of the opinion that even if the men suspect allowed the search to be conducted by women police officers, it would still be inappropriate due to the fact that we concentrate on the abovesaid phrase of decency. It would not be proper to allow women to search men mainly because the profession as well as affairs of the female police officers should also be taken into consideration. However, we agree on the fact that if both consented the act, then by all means proceeds with the search. As for the second issue of transgender, since transgender is a term for persons whose gender identity, gender expression or behavior does not conform to that typically associated with the sex to which they were assigned at birth, their nature and desire would most probably be towards the same gender. Thus, if the suspect is initially a man and that the male police officer is to make a search upon him, then it would defeat the purpose of decency promoted by the drafter of the legislation. In conclusion, we should realize the intention of the intention of the drafters of legislation and make sure that the intention is to be realized by the executor. In this case, although it does not mention on the issue of

women conducting search against men, the issue of decency should always be of top priority. However, if consent has been obtained by both sides then it would be a different issue altogether and shall be taken into consideration.