The Malaysian Bar has spoken out over the death of Rocky, a dog that died during a stray dog enforcement operation in Klang on July 29.
In a statement shared on its Facebook page today (Aug 11), Malaysian Bar president Anand Raj said that the lack of a pet licence should never be used to justify cruelty towards or the killing of an animal.
A piece of paper cannot be the reason a pet lives or dies,” he added.
Concerned over Rocky’s death
Rocky died during an operation carried out by the Klang Royal City Council, or MBDK, in Klang on July 29.
The Malaysian Bar said it was “gravely concerned” by the incident, stressing that cruelty towards animals should never be accepted regardless of the purpose of an enforcement operation.
It said that no enforcement objective, even if legitimate, could justify causing unnecessary pain, suffering or death to an animal.
Police are currently investigating Rocky’s death under Section 428 of the Penal Code for mischief by killing an animal.
Meanwhile, the Selangor Department of Veterinary Services is investigating the case separately under Section 29(1)(e) of the Animal Welfare Act 2015.
Says Animal Welfare Act should take precedence
The Malaysian Bar questioned the use of the Penal Code in cases involving alleged animal cruelty, saying that framing an animal’s death as “mischief” against property did not fully reflect the seriousness of the Animal Welfare Act 2015.
According to the Bar, the Act recognises animals as sentient creatures capable of suffering and carries significantly heavier penalties aimed at deterring cruelty.
It said investigating such cases under the Penal Code alone could risk trivialising animal cruelty and undermine the purpose of the Animal Welfare Act.
The Bar also argued that the Animal Welfare Act, as the more recent and specific federal law on the matter, should take precedence over state laws or subsidiary legislation that contradict it.
It pointed out that the Federal Constitution places the prevention of cruelty to animals under the Concurrent List, meaning both federal and state governments have a responsibility to prevent such acts.
‘No one is above the law’
The Malaysian Bar also echoed a statement by Tengku Permaisuri Selangor Tengku Permaisuri Hajah Norashikin on Aug 1, who said cruelty towards animals would not be tolerated regardless of whether it was committed by an individual, company or government agency.
The Bar highlighted Section 29 of the Animal Welfare Act, which prohibits acts of cruelty towards animals regardless of whether the animal is licensed.
It also noted that Section 30 generally prohibits the killing of animals except under limited circumstances.
The mere lack of a pet licence, ie, a piece of paper, cannot justify cruelty to, or the killing of, an animal,” the statement read.
Calls for stricter enforcement of SOPs
The Malaysian Bar also called for local authorities and the Ministry of Housing and Local Government to ensure strict compliance with existing standard operating procedures for catching stray dogs.
Under the current SOP, approved methods include using a loop, trap, net or tranquiliser gun, with certain methods requiring prior approval from the police and Veterinary Services Department.
The Bar said there should be clear consequences whenever these procedures are breached.
It also welcomed the Selangor state government’s commitment to review stray animal management procedures across local councils, but stressed that any changes must be aligned with the Animal Welfare Act.
Suggests summons for dogs with identifiable owners
The Malaysian Bar also proposed a different approach when an animal has an identifiable owner.
Instead of immediately capturing or detaining the dog, authorities could issue a summons to the owner, similar to how traffic offences are handled.
It described the capture, detention or killing of an owned dog as disproportionate in situations where other enforcement options are available.
The Bar called for a thorough, transparent and impartial investigation into Rocky’s death, as well as accountability if wrongdoing is established.
It also urged authorities to introduce lasting reforms to ensure similar incidents do not happen again.
The humanity, or cruelty, with which a society treats its pets and animals is a mark of its civilisation,” Anand said.
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