THE Human Rights Commission of Malaysia (Suhakam) has emphasised that physical or emotional injury, or a child’s death due to parental negligence is not regarded as accidental under the present law. 

Suhakam Children’s Commissioner (CC) Farah Nini Dusuki said authorities should take stern action against parents or guardians who are reckless by enforcing the existing provisions in the Child Act 2001. 

“CC is deeply saddened by the recent deaths of young children, including the drowning incident involving a capsized inflatable boat in Baling, Kedah, and various other unfortunate incidents resulting from negligence. 

“CC reminds parents or guardians of their responsibility to be more vigilant and mindful of their children’s safety,” she said in a statement.  

In April, a 10-year-old boy drowned after he was believed to have fallen into a river near the Sungai Limau water treatment plant in Kupang.  

Baling district police chief Shamsudin Mamat said the victim, Muhammad Yusuf Khairuddin, was said to have gone to the area at about 11am for a family picnic. 

“During the incident, the victim’s mother was feeding three other small children by the river while Yusuf was wandering elsewhere,” he said. 

Farah said data gathered by the Health Ministry reported an increase in the mortality rate of children under five in 2018 compared to 2017, with Sabah recording the highest rate of child mortality at 12.7 per 1,000 live births.  

She said this alarming number also indicated that among the main causes of these preventable deaths were injuries and infections due to lack of immunisation. 

“Physical or emotional injury, or the death of a child caused by parental or guardian negligence or exposure, is a serious offence under Section 31 of the Act 611.  

“Where upon conviction, parents or guardians can be punished with a fine not exceeding RM50,000 or imprisonment not exceeding 20 years, or both.” 

She said the significant increase in the above penalties, amended in Act 611 in 2016, served as a preventive measure against parental neglect.  

“Sections 31 and 33 of Act 611 have been strengthened by adding orders which are restorative in nature including requiring parents or guardians who are found to be reckless and intentionally leave their children unsupervised to attend parenting workshops. 

“Parents or guardians may only be exempted from these charges if they have taken all necessary safety and precautionary measures.” – July 12, 2023.