Court Protects Identity of Charged Minors: Reason Behind Zara Qairina's Anonymity in Bullying Case, Malaysia
In a significant development, five teenage girls are set to appear in the Children's Court in Kota Kinabalu, Sabah, following allegations of bullying a secondary school student, Zara Qairina Mahathir. The case is being handled by the Department of Justice of Sabah, Malaysia.
The Children's Court, established to ensure the rights and dignity of children are always protected, hears and decides on criminal charges against children. The court is led by a magistrate, assisted by two advisers, one of whom must be a woman. These advisers provide advice on considerations affecting the child's order when found guilty or other related treatment.
The Child Act 2001, which consolidates all laws related to children in Malaysia, plays a crucial role in this case. This Act defines a "child" as a person below the age of 18. It aims to provide rehabilitation and care for children who come into conflict with the law, protect children's confidentiality and dignity, and align with the United Nations Child Rights Convention (UNCRC).
Under the Child Act, the identity of children in court cannot be disclosed to the public. This is to protect all children, regardless of whether they are victims, witnesses, or accused persons. In this case, a gag order has been issued, ensuring the privacy and confidentiality of all parties involved, under Section 15 of the Child Act.
It's important to note that the criminal liability will not change even if a child is being prosecuted in court. However, court proceedings will be held differently to ensure the rights and dignity of children are always protected.
The offence of using or making any threatening, abusive, insulting words or communication or act, as outlined in the Penal Code's Section 507C(1), could potentially apply in this case. The punishment for this offence is a maximum one-year jail or a fine, or both.
Spreading false information that can affect public peace, a person's reputation or safety, or threaten national security is a criminal offence in Malaysia, punishable under the Penal Code's Section 124I. This section also covers the offence of anyone who spreads false reports or makes false statements likely to cause public alarm, including spreading false statements verbally, in writing, in any publication, or online.
Failure to comply with Section 15 can result in a maximum RM10,000 fine, maximum five-year jail term, or both, if convicted.
The main purpose of the Child Act 2001 is to provide rehabilitation and care for children who come into conflict with the law. The Act also makes provisions for the protection of children's confidentiality and dignity. The court proceedings for children are held privately, with limits on who can attend, to further ensure these protections.
The Child Act 2001 also makes provisions for advisers to advise the child's parent or guardian if necessary. This ensures that the child's best interests are considered in all aspects of the proceedings.
In conclusion, the case involving the five teenage girls and Zara Qairina Mahathir is a significant one, highlighting the importance of the Child Act 2001 in protecting children and ensuring their rights are upheld in the justice system. The proceedings will be closely watched as they progress, with the hope that they will lead to a fair and just outcome for all parties involved.
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