PETALING JAYA: The Malaysian Bar says the Penal Code is insufficient for investigating cases of animal cruelty, arguing that the Animal Welfare Act 2015 must take precedence.
In a statement Tuesday (Aug 11), the Malaysian Bar said the police have opened an investigation into Rocky’s death under the Penal Code, for mischief by killing an animal, while the Selangor Veterinary Services Department separately investigated it under the Animal Welfare Act (AWA)2015.
“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 Animal Welfare Act.
“The Act recognises animals as sentient creatures capable of suffering and provides significantly more stringent penalties to deter cruelty,” said the Bar.
“Investigating such cases under the Penal Code alone risks trivialising animal cruelty and undermining the very purpose for which the Act was enacted.
“This Act cannot be treated as mere surplus but must take precedence over any state law or subsidiary legislation that contradicts it, in word or in spirit,” they said adding as it is the specific federal law on this subject.
The Bar noted that the Federal Constitution lists “prevention of cruelty to animals”, placing a clear responsibility on both Federal and state governments to prevent cruelty to animals.
“This is a constitutional responsibility and mandate that binds the state and all its institutions, which extends to Klang Royal City Council (MBDK).
The Bar also noted that Section 29 of Animal Welfare Act makes it an offence for any person, and irrespective of whether the animal is licensed or not, to perpetrate any acts of violence or cruelty towards an animal.
“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 or a piece of paper, cannot justify cruelty to, or the killing of, an animal,” the Bar added.
The Malaysian Bar urges local authorities and the Housing and Local Government Ministry to enforce strict compliance with SOPs, with clear consequences for breaches.
“State legislation must be reviewed and, where necessary, revised in line with the Animal Welfare Act to avoid conflict with federal law,” the Bar added.
