Child neglect equally harmful as other forms of abuse - Criminologists

SHAH ALAM - Child neglect must be recognised by society and the government as equally serious as other forms of child abuse, given its profound impact on children's cognitive and psychosocial development.

Last week, the Petaling Jaya Magistrate’s Court charged Zayn Rayyan's parents with neglect, bringing to light an often-overlooked form of child abuse.

Child neglect, with its profound impact on cognitive and psychosocial development, must be recognised by society and the government as equally serious as other forms of abuse.

This case highlights the urgent need to address and prevent neglect to ensure the healthy development and well-being of children.

Universiti Sains Malaysia (USM) criminologist and psychologist Associate Professor Dr Geshina Ayu Mat Saat stressed that child neglect must be recognised by society and the government as equally serious as other forms of child abuse, necessitating a collective responsibility among all adults to prevent it.

“Despite its less immediate visibility compared to other abuses, child neglect should not be underestimated merely because it is challenging to prove right away.

“Evidential indicators such as poor muscle tone, motor skills, language development and inadequate health and growth, not attributable to medical conditions, often accumulate over time.

“An important aspect of child neglect is its ambiguous locus of responsibility, whether stemming from parental actions or the absence of essential resources—social, economic, psychological, educational or healthcare,” she said.

Geshina highlighted that defining neglect varies based on societal standards and legal definitions within each country.

“Cultural values, care standards and socioeconomic factors must be considered before reporting a neglect incident. In Malaysia, the Child Act 2001 (Act 611), particularly sections 17.1 and 31, outlines specific provisions concerning neglect.

“Section 17.1 of Act 611 broadly covers the scope of neglect, encompassing the failure to provide for a child's physical, medical, educational, psychological and safety needs.

“Neglect can manifest at different levels, ranging from community-based interventions to severe, long-term harm to the child, depending on the severity and persistence of the deprivation,” she added.

Geshina also said that common causes of neglect include poverty, substance abuse, mental health issues, lack of social support, inadequate parenting skills and familial history of abuse.

“Determining neglect charges involves assessments by medical practitioners, clinical psychologists, social workers, educators and others, who observe and monitor the child's physical and psychosocial well-being over time.

“This collaborative approach ensures a comprehensive evaluation of neglect patterns and appropriate interventions to safeguard the child's welfare,” she emphasised.

Meanwhile, Management and Science University (MSU) Criminologist and Forensic Science Lecturer Nadiah Syariani Md Shariff said that neglect could occur in two forms: active and passive.

“Active neglect happens when parents or legal guardians intentionally fail to meet a child's basic needs such as food, clothing, education, healthcare or overall well-being. While active neglect is deliberate, passive neglect may occur unintentionally due to a lack of resources, knowledge or reckless behaviour.

“Negligence is considered an offence against children because it impacts their cognitive and psychosocial development, which progresses through stages including motor-sensory (newborn to 2 years), pre-operational (2-7 years), concrete operational (7-11 years), and formal operational (11 years and older).

“Although children start to think logically by age 11, their abilities are still limited and require adult guidance and supervision. According to the Child Act 2001, adult care and supervision (by parents and guardians) are essential for the child's best interests.

“Therefore, if a child is harmed, injured or dies while expected to be under adult care, it is considered neglect,” she added.

Nadiah also said that the punishment for active neglect was justified due to its intentional nature.

“However, punishment for passive neglect remains debatable, as it often involves unforeseen accidents influenced by various mitigating factors. The legislation provides guidelines to define what constitutes a crime.

“To prove that an offence has been committed, certain elements must be demonstrated, primarily supported by evidence. When a case is reported to the police, an investigation begins, examining evidence, witnesses, and all possible angles.

“In cases of neglect, any act (directly or indirectly) that exposes or causes harm to a child is considered an offence, whether intentional or not.

“However, proceeding with charges and achieving a conviction depends on the strength of the evidence and facts established in the case,” she said.

Last week, Zayn Rayyan's parents Zaim Ikhwan Zahari and Ismanira Abdul Manaf pleaded not guilty at the Sessions Court here to a charge of neglecting the six-year-old autistic boy in Dec last year.

According to the charge, the couple, both 29, who had custody of Zayn Rayyan had neglected the boy in a manner that could likely cause physical injury.

They allegedly committed the offence at Jalan PJU Damansara Damai here, from noon on Dec 5 to 9.55pm on Dec 6, last year.

On Dec 6, last year, Zayn Rayyan was found dead near a river approximately 200 metres from his house at the Idaman Apartments in Damansara Damai, at about 10pm.

His body was discovered by a group of residents conducting a search operation.

Police confirmed that the victim was believed to have been murdered, following an autopsy that revealed injuries to the neck and body consistent with criminal acts.