The Malaysian Bar recalls its resolution adopted at the 80th annual general meeting on 14 March, condemning cruelty to animals and calling for the consistent enforcement of the Animal Welfare Act 2015 (AWA), and urges all enforcement authorities to act in accordance with the AWA and to carry out their constitutional duties responsibly.
Misapplication of the Penal Code
The Malaysian Bar is gravely concerned by the death of Rocky, a dog who died during a stray dog enforcement operation carried out by the Klang Royal City Council in Klang on 29 July.
Cruelty to animals is never the answer, whatever the circumstances. No enforcement objective, however legitimate, can justify the inflicting of unnecessary pain, suffering or death on an animal.
As matters stand, the police have opened an investigation into Rocky’s death under section 428 of the Penal Code, for mischief by killing an animal, while the Selangor Department of Veterinary Services (DVS) is separately investigating under section 29(1)(e) of the AWA.
The Penal Code provision, in framing an animal’s death as “mischief” against property, does not fully reflect Parliament’s seriousness and intent in enacting the AWA, which recognises animals as sentient creatures capable of suffering and provides significantly more stringent penalties to deter cruelty.
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Investigating such cases under the Penal Code alone risks trivialising animal cruelty and undermining the very purpose for which the AWA was enacted. The AWA cannot be treated as mere surplusage.
Constitutional precedence to the AWA
The AWA is the most recent and specific federal law on this subject, and as such must take precedence over any state law or subsidiary legislation that contradicts it, in word or in spirit.
The Federal Constitution lists “prevention of cruelty to animals” in item 4 of the Concurrent List (List III) of the Ninth Schedule, placing a clear responsibility on both federal and state governments to prevent cruelty to animals – a constitutional responsibility and mandate that binds the state and all its institutions, which extends to the Klang city council.
The Malaysian Bar echoes and endorses the statement made by Tengku Permaisuri Selangor Hajah Norashikin on 1 August, who declared that cruelty against animals will not be tolerated regardless of the perpetrator, and that this standard applies equally to individuals, companies and government agencies alike, stating plainly that “no one is above the law”.
Section 29 of the AWA makes it an offence for any person, whether an ordinary member of the public or an enforcement authority, and irrespective of whether the animal is licensed or not, to perpetrate any acts of violence or cruelty towards an animal.
The killing of an animal is, prohibited under section 30 of the AWA, save for a few narrow exceptions.
These provisions, and the constitutional mandate underpinning them, must inform how every enforcement operation involving animals is planned and carried out. The mere lack of a pet licence, ie a piece of paper, cannot justify cruelty to, or the killing of, an animal.
Proportionate enforcement and necessary reform
Under the standard operating procedure for the capture and disposal of stray dogs by local authorities, issued by the Ministry of Housing and Local Government, only approved methods – a loop, a trap, a net or a tranquiliser gun used with prior police and DVS approval – may be used to capture a stray dog.
The Malaysian Bar accordingly calls on the relevant local authorities and the Ministry of Housing and Local Government to ensure strict compliance with existing standard operating procedures, with clear consequences for breaches.
Any state legislation and standard operating procedures governing such operations must be reviewed and strengthened, and where necessary, revised in light of the AWA, as they may otherwise fall foul of federal law.
The Malaysian Bar welcomes the Selangor state government’s commitment to review stray animal management standard operating procedures across all local authorities; it maintains that any such state review must strictly align with the AWA to ensure operations are truly humane, transparent and compliant with federal law.
The review should also consider and form part of a broader move towards more humane, coordinated and data-driven stray population management.
These procedures must also be proportionate and modernised in keeping with technological advances already used by enforcement and local authorities.
Where an animal has an identifiable owner, the immediate issuance of a summons – akin to the immediate issuance of summons for traffic offences – should be adopted in place of the capture, detention and killing of a dog, which is disproportionate and inconsistent with animal welfare and rights requirements.
The rule of law requires that legislation enacted by Parliament be implemented, enforced and applied in accordance with its purpose.
The Malaysian Bar calls for a thorough, transparent and impartial investigation into Rocky’s death, for accountability to be assigned where warranted, and for meaningful and lasting reform so that no other animal need suffer in this manner again.
The humanity (or cruelty) with which a society treats its pets and animals is a mark of its civilisation. – Bar
Anand Raj is the president of the Malaysian Bar.
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