Exploration
Caning as a punishment in Singapore is very normalised within our society. We are exposed to it as children in school. We see adults suffer it as the State imposes it as a form of corporal punishment. We can forget how cruel and barbaric this form of punishment truly is. It is an extremely punitive form of punishment and perpetuates the idea that physical violence in our society is acceptable, as it is used against individuals who have caused other kinds of harm.
You have to sleep on your chest and cannot sleep on your back. It takes about one month to recover. You don’t get medicine every day. They only give medicine once. They want you to feel the pain. You cannot shower, damn pain lah. If you have diabetes or high blood pressure, it will take time to heal. If your shorts get stuck to the wound, you need to let the trousers soak under the shower. If you don’t and just pull the shorts, it is damn pain you know.”
Respondent from TJC Prison Report: You Don’t See the Sky
Who Can Be Caned?
- A male person up to the age of 50 who has been certified to be in a fit state of health by a medical officer, and who hasn’t been sentenced to death can be sentenced to no more than 24 strokes of the cane in a single trial (this means the individual can be sentenced to up to 24 strokes again, in another trial, or when he is in prison)
- Male youth below 16 may be sentenced to no more than 10 strokes, using a lighter cane
- Male youth below 16 may only be sentenced to caning by the High Court, not State Courts
- Male students between the ages of 6 and 19 can be caned by their teachers using a light rattan cane up to 3 times on the buttocks over their clothes, or on their palm
- Female adults and students, and men above 50, are not allowed to be caned
In Criminal Punishment…
There are more than 30 offences that can be punished by caning in Singapore. Some of these offences, including robbery, drug trafficking and vandalism, warrant mandatory caning. This means that even if a judge does not believe the caning to be right or helpful for the accused, they are obligated by law to sentence them to the minimum number of strokes for their offence.
Offences with Mandatory Caning
Many of the offences punishable by caning also come with mandatory terms. Some of these offences are:
- Trafficking (if not punished with death)
- Gang Robbery
- Murder (if not punished with death)
- Vandalism
- Extortion
- Overstaying
Offences with Non-mandatory Caning
There are more offences still that may be punished with caning, but do not impose caning as a mandatory punishment. The broad categories for these offences are:
- Hostage-taking/kidnapping
- Rioting
- Causing grievous hurt
- Drug abuse
- Rape
- Voyeurism
- Sexual abuse
- Molestation (outrage of modesty)
- Unlawful possession of weapons
In Prison…
Regardless of what offence landed you a jail term, and regardless of whether your sentence involved caning, you can, while serving a prison sentence and if found guilty of an aggravated prison offence, be caned for 12 offences committed inside prison.
Aggravated offences include:
- Mutiny
- Escape, or attempt to escape
- Assault or attack on a prison officer of other prisoner
- Destruction of prison property
- Causing to oneself illness or injury
The Superintendent of the prison can order an inmate to undergo no more than 12 strokes of the cane. This punishment will then be confirmed, reduced, increased or substituted by the Commissioner of Prisons. If the superintendent believes an inmate should be given more than 12 strokes, he must refer the matter to a Visiting Justice, who can then impose no more than 24 strokes.
Prison Acts 1933, 71 & 73, Aggravated prison offences
https://sso.agc.gov.sg/Act/PA1933?ProvIds=P17-#pr73-
In School…
Students – full-time students from primary to pre-university level – are legally allowed to be caned in school. The caning is done only for male students, and is done either over their clothed buttocks, or on their palm, no more than 3 times at once. The trauma this would cause a young child, whose experiences with authority figures play a big part in the mental development, is undeniable. We teach children that violence is never the solution, yet turn around and do the exact opposite.
Education Act (Chapter 87, Section 61)
At Home…
Caning your own child is not seen as abuse by the government if it does not cross the threshold of abuse under the Children and Young Persons Act. This includes when the caning causes unnecessary physical or emotional pain, or injures or impedes the health or development of the child. Perhaps the fact that such a punishment could in any way lead to the abovementioned consequences tells us all we need to know about whether such punishment is advisable, just, or beneficial.
Transformative Justice Collective 