Literature Review

The literature The Protection of Animals in Malaysia An Insight into Animal Protection
Legislation written by Dr Guru Dhillon is the latest article currently that discusses the
importance of a systematic animal protection laws. The literature outlined available laws in
Malaysia such as the Animal Act, Animal Welfare Bill and the Penal Code. These laws are
criticized in the literature as being insufficient and ineffective towards animal abuse and illegal
tradings.

According to the literature, Dr Guru Dhillon emphasizes that the Animal Act is nothing more
than a set of rules or guidelines in prevention of animal disease and conservation of livestock for
human consumption. The provisions which are provided in the Animal Act are essentially served
to ensure livestock and plants are free from disease and infection. This aim is clear as the act
includes the Malaysian Quarantine and Inspection Services (MAQIS) as the main enforcement
authority.

The literature criticize the inhumane nature of Animal Act that views animals not more than just
objects and is equivalent to property. Therefore, this act does not concern itself with the welfare
of animals but only welfare and health of consumers of livestock (human). He then quoted Datuk
Chua Tee Yong which affirms the status of animals in the Animal Act which is considered as
mere economic commodities rather than sentient beings.

The second legislation is Penal Code. The animal protection legislation under the Penal Code is
only provided under two sections, Section 428 and Section 429. However, these two sections as
shown by the writer only provides protection to animals with the value RM 5 and above and RM
25 and above. This means that the Penal Code puts value to animals and Dr Guru Dhillon
criticize this law as not considering animals as sentient beings.

The third legislation that is criticized by the writer is Animal Welfare Bill. As the legislation
sounds it is still a bill which at the time this literature was written still in its infancy stage,
specifically was waiting Royal Assent. Writer made outlined 9 important aspects of the Animal
Welfare Bill.
The first aspect is the establishment of Animal Welfare Board. This is a board which shall
monitor the progress of associations related to animal welfare. The second aspect is requirement
of license for all individuals and business which carry activities involving animals to obtain
licenses from authorities. The third aspect emphasized is the requirement of animal
experimenting to be done only at school. This disallows experiments to be done for commercial
or research purposes. The fourth aspect is the punishment for animal abusers which can go up to
RM100,000 and can be ordered by courts for any sorts of cruelty. The fifth aspect is the
prohibition of public shooting or killing and as well as involving animals in animal fights such as
cock fight. The Animal Welfare Bill shall impose fines or imprisonment or both when a person is
found to do so. The sixth aspect is in regards to rights of veterinary surgeon to euthanize an
animal. However an order by the court is required. The seventh aspect is warrant is unnecessary
to search and seize premises if it can lead to a lost in material evidence of abuse of cruelty. The
eight aspect is in regards to power of court to seize ownership of a pet/animal if the offence has
been proven beyond reasonable doubt. The last aspect is in regards to ministers power to issue a
fine if he thinks it fits ranging from RM 10,000 to RM 50,000 or imprisonment not more than a
year or both.

The third legislation is Penal Code. The animal protection legislation under the Penal Code is
only provided under two sections, Section 428 and Section 429. However, these two sections as
shown by the writer only provides protection to animals with the value RM 5 and above and RM
25 and above. This means that the Penal Code puts value to animals and Dr Guru Dhillon
criticize this law as not considering animals as sentient beings.

The article has systematically outlined the available laws that can become the protection for
animals. Interestingly, this article was only written before the Animal Welfare Bill was passed.
The writer of the literature only discussed on the 9 aspects of the Animal Welfare Bill but did not
delve deeper on the modus operandi of licensing or discretion of the courts and the other aspects.
This literature can expand to a wider horizon now that the Animal Welfare Bill is already an act
and can be executed to society.