Inadequate protection
By SHOBA MANO
The Star, 30 Dec 2006

THE Animal Act 2006 was passed this year without any changes to the antecedent law governing animal welfare, The Animal Ordinance 1956 (“Ordinance”).  

In Malaysia, only the Department of Veterinary Services (DVS) has the right to rescue an abused animal and take legal action against the abusive guardian. 

The Animal Ordinance came under fire in 2004 when Sabrina Yeap, formerly of the Society for Prevention of Cruelty to Animals (SPCA) Selangor, became frustrated with animal abusers in Malaysia getting away with light sentences.  

Together with SPCA Selangor volunteer, an English lady named Dawn Peacock, they drafted the SPCA Petition to amend the Animal Ordinance 1956.  

One of the chief grievances was that the penalty imposed was inadequate. The        penalty is a maximum fine of RM200 or jail term of six months. The Petition wanted a mandatory jail sentence and the fine raised to RM10,000, among other things. 

“Since 1956, only about two or three abusers have been given jail sentences which were never more than two days,” said Yeap. “That is why the Petition called for a mandatory sentence so that the court has no choice but to impose the full jail term.” 

On Oct 17, 2005, there was public furore once again when magistrate Hafizah Abdul Rajak let off Lien Chong San, 46, with a token fine of RM100 even though Lien had pleaded guilty to slowly starving his German Shepherd, Sheena. Sheena had to be put down in August last year for humane              reasons. 

The Remembering Sheena Campaign (RSC) held a rally in January this year to call for more signatures for the Petition. At the rally alone, about 5600 signatures were submitted.  

The Petition currently has 67,000 signatures. The deadline for collecting more signatures has been extended till tomorrow.  

The Petition will then be handed over to the Prime Minister. In the meantime, the new Animal Act 2006 has already been passed, and to the disappointment of animal lovers, not a single provision of the Animal Ordinance1956 was changed.  

“Abusers will not be deterred if the penalty imposed for animal abuse is negligible. What is worse is that often times, the court returns the abused animals to the abusers even after pronouncing a guilty verdict. This sends out a message to society that it is all right to hurt animals,” said Yeap.  

The abuse cases do not only involve dogs. The Star reported an abuse case by a cat breeder in an article entitled Witness: Stench Was Intolerable (The Star, Nov 25, 2005). 

Abdul Rashid Mohd Othman was charged in court for neglecting the cats he used for breeding. When Department of Veterinary Services (DVS) officers went to rescue the cats, the stench was so unbearable the officers had to step outside the premises a few times for fresh air. The cats had been forced to lie in small cages alongside their own faeces. 

This case is still pending in court.  

Joshua Purushotman of RSC complained that the attitude of the DVS has to change too.  

“Many members of the public have complained to RSC that they receive no response from DVS when they report an abuse.  

“In Sheena’s case, the newspapers reported that the neighbor telephoned DVS three times and they still did not investigate,” he said. By comparison with Asian and Islamic countries, Malaysia is far behind when it comes to adequate legislation and enforcement of animal protection laws.  

United Arab Emirates’ laws not only protect domestic pets but also stray animals. Abuse of an animal is punishable with imprisonment of up to one year and a fine of not more than RM10,300 or both.  

India is also leading in increasing number of convictions for animal abuse with stiff penalties. One court in India stopped the bullock cart race held during temple festivals because the cows are beaten with sticks to make them go faster.  

On Dec 6 this year, Hong Kong passed The Prevention of Cruelty to Animals (Amendment) Bill 2006 to impose stiffer penalties for animal cruelty.  

The fine was increased from US$641 (RM2403) to US$25,641 (RM96,153) and a jail term of three years. The Hong Kong Government even set up a hotline to report abuse and citizens can also call the police who are given authority to arrest abusers. 

Yet, Malaysia is still groping its way in the world, pursuing development at the cost of the nation’s soul.