KUALA LUMPUR: The government is in discussion on whether management of bullying cases in educational institutions should cater more to rehabilitative methods than being punitive, says Datuk Seri Azalina Othman Said.
The Law and Institutional Reform Minister said this is due to the age of the perpetrators, who are usually minors and are still in the education system.
“There are concerns that when the perpetrators and victims are children (minors), the Child Act 2001 still applies.
“We have to look into another process, whether we need a tribunal system or a different set of laws, which is more for rehabilitation than for punishment purposes,” she told a press conference after launching the Asean Law Forum 2025 titled “Enhancing Access to Justice in the Asean Economic Community: Bridging Legal Cooperation for Inclusive Growth in the Digital Age” here on Tuesday (Aug 19).
Azalina was asked if there are enough provisions in the laws to handle alleged bullying cases in schools such as the case of Zara Qairina Mahathir, 13, who fell to her death in Sabah.
The minister said that Malaysia needs to consider models from other countries that approach bullying in educational institutions differently.
“It is always better for prevention than cure. In the Malaysian Penal Code, it is a general law as we tie up bullying with sexual harassment and all that.
“Maybe for schoolchildren and students, we should use a tribunal system such as the one we use for sexual harassment," she said.
“We can then look into a punishment which is more rehabilitative than punitive as the latter should always be the last measure.
"We will have to study the possibility of a tribunal before it is directly regarded as a criminal offence under the Penal Code (for schoolchildren and students who are minors),” she added.
Azalina also said that currently, there is no specific definition of "bullying” in the laws.
“We will usually look at the act of bullying together with other elements such as sexual harassment, leading to deaths and in industrial court cases.
“There are so many sections in the laws in which bullying is mentioned.
"I am relieved that we have amended the laws to include bullying in Sections 507B to 507G of the Penal Code.
“We are fortunate to allow a child commissioner in Sabah and Sarawak and that is quite timely.
“The point here is the Education Ministry has its own guidelines on anti-bullying,” she said.
Five teens are expected to be charged in the Kota Kinabalu Juvenile Court soon for allegedly bullying Zara.
She was pronounced dead at Queen Elizabeth Hospital I on July 17.
