The tragic death of six-year-old Zayn Rayyan has once again spotlighted the grave issue of child neglect in Malaysia. Zayn, an autistic child, was allegedly subjected to severe neglect by his parents, leading to his untimely demise. This heartbreaking case underscores the vital importance of understanding the legal responsibilities and protections afforded to children under Malaysian law.
In the case of Zayn Rayyan, his parents have been charged under Section 31(1)(a) of the Child Act 2001 (“the Act”), which addresses child neglect to the extent of causing injury or death. According to reports, the couple’s alleged failure to provide proper care resulted in Zayn’s tragic death, raising serious questions about parental duty to their children[1]. Section 31(1)(a) of the Act imposes severe penalties for neglect, including a fine up to RM50,000.00 and imprisonment for a term not exceeding twenty years or both[2].
A notable example illustrating the application of Section 31(1)(a) of the Act is the case of Siti Bainun Ahd Razali. Siti Bainun was found guilty of neglect and abuse charges involving Bella, a teenager with Down syndrome. Bella suffered severe injuries and malnourishment due to Siti Bainun’s neglect. Siti Bainun was sentenced to 22 years in prison for her actions[3].
However, the severity of the abuse, neglect and abandonment under Section 31(1)(a) of the Act is not limited, as the action as seemingly minor as pulling a child’s ears resulting in bruising can fall under Section 31(1)(a) of the Act[4]. Despite the relatively minor nature of the physical action, the court imposed a fine of RM10,000.00 and to perform fifty aggregate hours of community service.
The heart-wrenching case of Zayn Rayyan serves as a stark reminder of the severe consequences of child neglect and the robust legal framework in place to protect children in Malaysia. It underscores the critical importance of parental responsibility and the legal implications of failing to uphold this duty. The legal system remains a crucial mechanism for ensuring justice and protection for the most vulnerable members of society—its children.
[1] https://www.freemalaysiatoday.com/category/nation/2024/06/13/zayn-rayyans-parents-charged-with-child-neglect/.
[2] Section 31(1)(a) Child Act 2001.
[3] https://www.nst.com.my/news/crime-courts/2024/05/1045357/siti-bainun-fails-appeal-bid-against-conviction-abusing-down.
[4] Public Prosecutor v Norhafizah Binti Isa [2020] 5 LNS 209.
About the Author
Dyana Parmar is a Pupil-in-Chambers at XK Law. She assists the partners of the firm in civil litigation with a focus on debt recovery, landlord and tenancy matters, and corporate commercial disputes. Committed to making a positive impact, Dyana aims to contribute to a better world through her career as an advocate and solicitor.
