LETTER | Law protecting children must bring severe punishment

LETTER | Suhakam takes very seriously the incident involving a girl aged four years old who died in a car due to being left for 10 hours by her father at Bukit Makmur, Sungai Lalang, Sungai Petani on Aug 13, 2020.

It was not for the first time that such an incident has happened. 

According to Deputy Women, Family and Community Development Minister Siti Zailah Mohd Yusoff during the question and answer session at Parliament, which was reported on Aug 3, 2020, there were six cases of children who died due to parents' negligence leaving them in a car, recorded since 2018 until Aug 3, 2020. Two cases respectively for the year 2018, 2019 and 2020.

The deputy minister further stated that among the reasons the children being left were due to their parents preparing to go to work or attend meetings.

The act of neglect or abandonment is an offence under the Child Act 2001 (Act 611). 

Pursuant to Section 31 of the same act, offences of ill-treatment, neglect, abandonment or exposure of children by parents or guardians, if found guilty and convicted, may be liable to a fine not exceeding RM50,000 or to imprisonment for a term not exceeding 20 years or to both, and to perform community service as a mandatory sentence.

Prior to 2016, these offences led to a sentence of fine not exceeding RM20,000 or imprisonment not exceeding 10 years and without community service sentence.

Act 611 further by virtue of Section 33 allocates that for an offence to leaving a child without reasonable supervision, if found guilty and convicted, the parents or guardians may be liable to a fine not exceeding RM20,000 or to imprisonment for a term not exceeding five years or to both, and to perform community service as a mandatory punishment. 

Previously, the fine was not exceeding RM5,000 or the imprisonment was not exceeding two years and without a community service sentence.

These offences include leaving a child at home without the presence of an adult to supervise, which, in the event of an accident such as burning, pouring hot water or falling from the balcony because the windows are not locked/closed, then, the parents or guardians shall commit an offence under this act.

Therefore, it is very clear that the law protecting the children from abandonment, neglect or ill-treatment exists and bring severe punishment. 

Nonetheless, the parents and guardians are still seen as not being careful in giving protection and care to their own children.

NOOR AZIAH MOHD AWAL is Suhakam's children commissioner.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.