This piece was awarded second prize in the Opinion Piece Category of the Create for Justice competition.

In Malaysia, drug trafficking is one of the most severe crimes, often met with the  harshest of punishments. For women involved in drug trafficking, many of whom were coerced by their partners or manipulated through emotional and economic vulnerabilities, the legal system remains unforgiving. In fact, 95% of women on death row in Malaysia were convicted of drug-related offenses, according to Amnesty Malaysia (2019). Many of these women were not masterminds of international crime syndicates but individuals caught in a web of love, trust, and manipulation. Nothing says “I love you” quite like being handed a suitcase full of cocaine at the airport and a one-way ticket to death row.  

Economic Desperation and Emotional Manipulation: How It All Begins 

The reasons women become involved in drug trafficking often stem from a blend of  emotional manipulation and economic instability. According to a 2021 study by Oxford researcher Lucy Harry, many are underemployed or part of the working poor in Southeast Asia. Drug trafficking becomes a dangerous, precarious way to earn money when other options seem non-existent. The situation is often framed in terms of love and trust. Male partners promise financial stability, or even affection — if these women  agree to carry a suitcase across borders. They rely on the words of men who tell them they’re safe and will be taken care of. What these women don’t realise is that, in the eyes of the law, ignorance of the crime is no defence. 

The injustices women face in Malaysia’s legal system 

It’s bad enough that these women are manipulated into committing serious crimes.  What makes it worse is how Malaysia’s legal system responds to their circumstances.  Malaysia’s anti-drug laws have historically been rigid and unforgiving, with little room for nuance. Until last year, drug trafficking meant an automatic death sentence,  regardless of the individual’s personal circumstances. 

Malaysia abolished the mandatory death penalty, giving judges discretion in sentencing. This was a step forward, but it’s not a complete solution. For many women on death row, life imprisonment has simply replaced execution. The law still operates as a blunt instrument, treating everyone involved in drug trafficking as equally culpable — from the masterminds to the coerced girlfriends. Decision-makers frequently dismiss plausible claims of innocence such as that the women didn’t know they were carrying drugs, that they were coerced by a partner, or that their involvement stemmed from manipulation, lacking the agency to refuse. The complexities of relationships,  economic vulnerability, and emotional pressure are all too often ignored. 

The Federal Court case of Alma Nudo Atenza & Orathai Prommatat v. Public  Prosecutor serves as a powerful example of how Malaysia’s legal system operates.  The appellants were convicted under Section 39B of the Dangerous Drugs Act (“DDA”) 1952, which carries severe penalties for trafficking. The court applied “double  presumptions” under Section 37A, allowing it to assume both possession and  knowledge of the drugs, leading to their conviction. While the double presumption rule was later declared unconstitutional, the fact that such a harsh mechanism was used in the first place shows how unforgiving the legal framework can be. It also highlights  the need for deeper reforms to ensure that women are not automatically presumed guilty without considering their unique circumstances. 

The human cost of ignoring these realities 

At the heart of these cases are stories of Romeo and Juliet gone wrong. Women who trusted their partners, who believed that carrying a suitcase was a small favour — find  themselves facing unimaginable consequences. For many of these women, the  decision to carry drugs wasn’t driven by greed or criminal intent but by emotional and  financial desperation. By focusing solely on punishment, the legal system overlooks  the broader social realities that shape women’s involvement in crime. Justice cannot be achieved through a “one-size-fits-all” approach, especially when the lives of vulnerable women are at stake. 

Public opinion on the death penalty has also begun to shift, particularly when it comes to cases involving women. In 2013, a report by Roger Hood, in collaboration with the Death Penalty Project, found that public support for capital punishment dropped dramatically from 74%-80% to just 9% — when people were presented with cases where women claimed they were coerced into trafficking by men. This suggests that the public is more compassionate when they understand the realities of these women’s  situations. 

If the general public can empathise with these women, why does the legal system continue to treat them as cold-blooded traffickers rather than victims of manipulation? 

What needs to change: Reforming Malaysia’s laws 

The abolition of the mandatory death penalty is a start, but it doesn’t go far enough to address the root problems. Life imprisonment is still a harsh sentence for many women who were manipulated or coerced into drug trafficking. To create a fairer system,  Malaysia must adopt legal reforms that account for the specific vulnerabilities women face. 

Here are some ways to move forward: 

1. Incorporating gender-specific mitigating factors 

Courts should be empowered to consider gender-specific factors, such as coercion, emotional manipulation, and economic desperation, when sentencing women for drug-related offenses. If there is sufficient evidence that a woman was coerced or instigated by her partner, this should serve as a mitigating factor in her punishment. 

2. Reforming the dangerous drugs act (DDA) 

The DDA still allows for presumptions of guilt, e.g. Section 37(d), which are particularly dangerous when applied to vulnerable women. The law must be revised to eliminate these presumptions and focus instead on actual evidence.  Women should not be convicted based on assumptions, especially in cases where coercion played a role. 

3. Restorative justice and rehabilitation programmes 

Rather than sentencing these women to death or life imprisonment, Malaysia should explore rehabilitation programmes that address the reasons they became involved in trafficking. Many of these women need support, counselling, and job training to break the cycle of manipulation and poverty. Restorative justice, which focuses on healing and reintegration, is a more humane and effective  approach than blanket punitive measures. 

4. Better legal representation for vulnerable women 

Many women involved in drug trafficking lack access to adequate legal defence.  This is particularly concerning given the complexities of their cases. Legal reforms should ensure that these women have access to skilled lawyers,  trained to present gender-specific arguments and advocate for fairer treatment  under the law. 

Love doesn’t have to kill 

The women on death row in Malaysia aren’t just criminals — they’re victims of manipulation, coercion, and economic desperation. While recent legal reforms are a step in the right direction, they are not enough. A justice system that ignores the complexities of these women’s lives is neither just nor humane. 

What Malaysia needs is a system that recognises when women are more victims than perpetrators. By incorporating gender-specific mitigating factors, reforming outdated laws like the provisions in DDA, and focusing on rehabilitation rather than punishment, we can move towards a legal framework that is fair, compassionate, and ultimately more just. 

Because, after all, love shouldn’t cost you your life.