PARENTS whose children die from falls or drowning may be investigated under Section 31(1)(a) of the Child Act 2001 if it is found that the child was neglected, according to Professor Datuk Noor Aziah Mohd Awal, an expert in family, women, and children law at Universiti Kebangsaan Malaysia.
She emphasised that parents are not exempt from investigation and prosecution for negligence or abandonment that exposes children to physical harm, or, in the worst cases, death.
"In cases of neglect, the prosecutor only needs to prove that the accused parent failed to ensure the child’s safety, resulting in physical injury, let alone if the child is found deceased," she said.
"Cases of neglect are numerous, and a significant number have already been acted upon by authorities and brought to court for prosecution.
“So, I feel that other cases should also be pursued. If neglect can be proven, they should be charged under the same act," she added.
Her remarks follow a ruling by the Petaling Sessions Court, which sentenced Ismanira Abdul Manaf, 30, the mother of the late Zayn Rayyan Abdul Matin, to five years’ imprisonment for neglecting her two-year-old son.
The court found that the defence had failed to raise reasonable doubt by the end of the case.
Judge Dr Syahliza Warnoh also rejected a request by Ismanira’s lawyer, Haresh Mahadevan, to defer sentencing while filing an appeal to the Shah Alam High Court.
Noor Aziah urged the public to offer moral support to parents of autistic children.
"Negligence and abandonment are unacceptable. However, we must recognise that certain parties have greater responsibility, and some individuals must be held accountable for the child’s death. What caused the death, was it murder, and who is responsible?" she said.
Zayn Rayyan was found dead on 6 December 2023 in a tributary near Pangsapuri Idaman, Damansara Damai, around 10pm. He had been reported missing earlier and was discovered approximately 200 metres from his residential block. - November 1, 2025
