Whilst searching for the lovely Wes Anderson film, I was shared some pictures that has been circulated in WhatsApp wherein certain members of the Kulim Local Municipality were shown trapping stray dogs in what has been described as an inhumane manner. Is such treatment of stray dogs allowed and what action, if any, can be taken?
Authority
The Animal Welfare Act 2015 governs action and activity revolving animals. For stray dogs specifically, only those with a license[1] are authorized to “control stray dogs”[2]. As such, the first challenge is to see if the persons in the video, who allegedly act for the Kulim municipal authority, have the license to deal with, trap and or capture stray dogs. If they do not, they are liable to a fine of a minimum of RM 15,000, a prison sentences of up to 2 years or both if convicted[3].
One might argue that the Council is given the authority to deal with the stray dogs and by extension their employees. However, there is an argument that seeing as the licenses are only granted by the Board of Animal Welfare[4] and that they are non-transferable[5], therefore each officer or employee of the Municipal council should have an individual license to trap and capture stray dogs. This is in keeping with the spirit of the Act which aims to only allow certain licensed individuals to conduct the trapping of stray dogs to ensure such entrapment is done humanely.
Was the act cruel?
If we give the officers the benefit of doubt and assume they are licensed, are the actions taken considered a cruel act? The Act is clear that where an action is deemed cruel or torture or terrifies the animal, it would constitute an offence[6]. In the pictures circulated, the officer is seen trapping the dog and pushing the dog downwards in a trap with no room to manoeuvre. There have also been reports of the officer beating the dog and/or using a metal stick. While these are unverified, if proven, then these would also be breaches of the act and result in the officers being liable for a minimum fine of RM 20,000.00, a prison sentence of up to 3 years or both.
However, there is a defence that it would not be cruel if the animal was baited for public health and or for relocation by a lawful authority. This might be a stretch as the officer would have to prove that the actions done were “baiting” the strays. Importantly, most people would agree that baiting does not mean beating the dogs.
Nevertheless, the above action would be taken by the Board of Animal Welfare alongside with our prosecution service. As such, complaints may be directed at the Board of Animal Welfare.
Criminal act
Another avenue for the authorities to investigate is to see if the actions taken by the officers of Kulim Municipality was actually a crime under section 428 of the Penal Code. Section 248 reads
“Whoever commits mischief by killing, poisoning, maiming, or rendering useless, any animal or animals, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both”.
Here, it could be argued that there is proof of maiming and therefore would constitute an offence unless the officers can show a legitimate defence. As at 10.7.2021, the Police are investigating the incident. Those who have made the complaint can check with the Investigating officer on the status of the investigation.
What about the dogs? - Third Party Intervention
The act does provide for an interested party to make an application to the Court for the Court to order that the animal be given medical attention and to ask for custody of the animal[7]. For those Samaritans who wish to take the extra step, please do not hesitate to proceed as the photographic evidence can be deemed as sufficient by our Courts[8]. If you are unsure as to how, please do contact a lawyer and/or legal professional who may be able to assist you.
Conclusion
In 2016 we had taken strides forward in animal welfare with the publishing of the Act. While our economy might be in chaos and the pandemic has affected us all, we should not forget our humanity. As the adage goes, it is not how we treat or superiors that characterize us but how we treat those who are less fortunate. Malaysia has the opportunity to show that we still remember our humanity and our legislation even when dealing with the issue of stray dogs in a neighbourhood.
References: [1] Section 15 Animal Welfare Ac 2015 [2] Schedule 1, Point 13 Animal Welfare Act 2015 [3] Section 15(3) Animal Welfare Act 2015 [4] Section 16 Animal Welfare Act 2015 [5] Section 17 Animal Welfare Act 2015 [6] Section 29 (1)(a) Animal Welfare Act 2015 [7] Section 35 Animal Welfare Act 2015 [8] Section 58 Animal Welfare Act 2015
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