KUALA LUMPUR (6 FEBRUARY 2025) – The Children’s Commissioner of the Human Rights Commission of Malaysia (SUHAKAM), Dr Farah Nini Dusuki (CC) is appalled with the decision of the Sessions Court judge in sentencing a couple in Johor Baharu with fine and community service order for gross negligence of a 7-year-old boy by locking him up in the toilet and depriving him of decent food and drink, leaving him severely malnourished.
Due to the gross negligence that had taken place, it is the CC’s view that the charge ought to be Section 31 of the Child Act 2001 [Act 611] for various forms of child abuse including neglect and not Section 33 Act 611 which is the lesser offence of leaving a child without reasonable supervision that carries a lesser sentence.
The charge under Section 33 did not commensurate with the abuse. The facts show that the act go beyond “leaving child without reasonable supervision” of Section 33. The boy was asked to drink from the toilet and given minimum food and suffered from severe malnutrition. There were clear acts of negligence which falls under Section 31.
The CC believes that a lenient charge and subsequent sentence fail to serve the public interest and imply that child abuse is tolerable, rather than conveying the message that all crimes against children are condemned and will be adequately punished under the law.
The CC calls upon the Deputy Public Prosecutor to appeal against the decision and to seek a harsher sentence, ensuring that the offenders will be sentenced to imprisonment.
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Dr Farah Nini Dusuki
Children’s Commissioner
The Human Rights Commission of Malaysia (SUHAKAM)
Date: 6 February 2025
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