Zayn Rayyan: What is child neglect? Lawyers explain

SHAH ALAM - Neglect in criminal cases is defined as a behavior likely to cause physical or emotional harm to a child and legally, it is recognised as both child abuse and a criminal offence.

Lawyer Farhan Read said under the Child Act 2001 (Act 611), it does not explicitly define criminal neglect, but it treats neglect and negligence similarly.

"Therefore, the principles used to determine negligence in both civil and criminal cases apply.

"In criminal cases, neglect must be of a nature or degree likely to cause physical or emotional harm to the child," he said.

On June 13, the parents of murdered autistic child Zayn Rayyan Abdul Matiin pleaded not guilty at the Petaling Jaya Sessions Court to a charge of neglecting the six-year-old boy in December last year.

Zaim Ikhwan Zahari and Ismanira Abdul Manaf made the plea after the charge was read to them before Judge Dr Syahliza Warnoh.

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.

Citing the case of Kong Siang Ng v Public Prosecutor [1966] 1 MLJ 113, he said the High Court held that criminality lies in running the risk of doing such an act with recklessness or indifference as to the consequences.

He said the court said criminal negligence is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an individual in particular having regard to all the circumstances out of which the charge has arisen, it was the imperative duty of the accused person to have adopted.

Farhan also gave an example of a criminal negligence case where a parent failed to feed their child for several days without justification, resulting in the child becoming ill or dying.

This, he said could be deemed as criminal negligence.

He said the financial and personal circumstances of the accused should be considered, noting that if the inability to provide food was due to severe financial hardship affecting the entire family, it might not necessarily constitute criminal negligence.

Commenting on the tragic case of Nurin Jazlin who was abducted and murdered 17 years ago, Farhan said the parents of the girl were not charged with neglect as the incident may have occurred under circumstances where the parents did not breach the standard of care expected of them to a degree that would result in criminal liability.

"Legal considerations in such situations are crucial.

“In Nurin Jazlin's case years ago, the abduction and murder of the child may have occurred under circumstances where the parents did not breach the standard of care expected of them to a degree that would result in criminal liability.

"However, the situation would be different if, for instance, the child was exceptionally young or disabled and the parents left the child unattended at a market without reasonable cause, potentially resulting in the child being kidnapped," he said.

Meanwhile, lawyer Rajesh Nagarajan said in Malaysia, child neglect was primarily defined under Part V, Chapter 3 of the Child Act.

He said according to Section 31 of the Act, a parent who fails to provide adequate food, clothing, medical or dental treatment, lodging or care for their child has committed an offence.

Neglect, he said was legally recognised as a form of child abuse and a criminal offence.

"Section 31 (1)(a) of the Child Act It is an offence for anyone responsible for the care of a child to abandon, neglect or expose the said child to danger so as to cause him/her physical or emotional injury.

"Section 31(4) states that a parent, guardian, or other person legally responsible for a child is considered to have neglected the child in a way that could cause physical or emotional harm if they fail to provide adequate food, clothing, medical or dental treatment, lodging, or care, despite having the resources to do so.

"Under Section 31(1)(a), a parent or guardian is guilty of child neglect in three specific situations, if they leave the child without making reasonable arrangements for supervision and care, if they leave the child for an unreasonably long period given the circumstances, or if they leave the child in conditions that are unreasonable considering all the circumstances," he said.

Rajesh said one of the key features of Act 611 was the mandatory reporting provision, which imposed a statutory duty on three categories of people to report to authorities if they have reasonable grounds to believe a child has been abused.

He said before the introduction of Act 611, only doctors were legally required to report suspected cases of child abuse and neglect.

However, he said with Act 611, this duty has been extended to include family members and childcare providers.

"In the case of Zayn Rayyan, his parents were charged under Section 31(1)(a) of the Child Act 2001, read together with Section 34 of the Penal Code, and face a maximum fine of RM50,000 or imprisonment of up to 20 years, or both, upon conviction.

"The applicability of neglect charges, as stated under Section 33 of Act 611, would be determined by these factors," he said.

Rajesh also said the difference between Nurin Jazlin's case and Zayn Rayyan's case lies in the contradictory and inconsistent statements made by Zayn Rayyan's parents.

"According to reported news, his parents provided conflicting statements.

"While this alone may not be enough to establish a case for neglect, the full extent of the prosecution's case will become clear as it is presented in court," he said.

On June 13, Zayn Rayyan's parents pleaded not guilty to neglecting the boy in December last year.

They were allowed RM10,000 bail with one surety each and their case will be up for mention on July 26. They were released after posting bail.

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.

On May 31, Zayn Rayyan’s parents were arrested and remanded to assist in the investigation into the murder.