Dear parents, take bullying seriously: Legal steps you can take immediately

Sinar Daily

5 days ago

WHEN a child is bullied, every second counts and waiting for authorities can mean waiting too long. Legal experts are urging parents to take immediate action themselves, using existing laws to protect their children before harm escalates.
The case of 13-year-old Zara Qairina, who endured repeated bullying, has amplified calls for parents to intervene without delay. Former Child Rights Chairperson of the Bar Council, Kokila Vaani Vadiveloo, said families have more legal tools at their disposal than they might realise.
"Parents often believe they must wait for police action or school intervention, but that is not true. There are immediate legal steps that can protect the child's safety and well-being right away," Kokila said.
The most critical first step is evidence gathering. Kokila emphasised that detailed documentation can make or break a case.
"Record every incident which is dates, times, names and witnesses. Preserve text messages, social media posts, photographs and medical reports. If there are injuries, obtain an official medical report immediately,' she advised.
According to her, such documentation not only strengthens legal claims but also ensures the matter is taken seriously by schools and institutions.
Kokila further said parents should submit a formal written complaint to the school administration or principal, demanding a written response.
"If the school does not act, escalate to the board of governors, the Education Ministry or district education offices. Keep a paper trail of every letter and reply," Kokila said.
She also encouraged parents to request access to their child's school records and any incident reports to assess whether proper procedures were followed.
Even without immediate police involvement, Kokila said parents have access to legal protections designed to safeguard the victim and deter further harm.
Kokila explained that the law provides several avenues for urgent relief, which can be pursued directly through the courts.
"Applications for protection or restraining orders can be filed at a magistrate's court. Civil suits can also be considered against the bully, the school, or responsible adults for negligence. These steps are independent of any criminal investigation," she added. Former Child Rights Chairperson of the Bar Council, Kokila Vaani Vadiveloo, said families have more legal tools at their disposal than they might realise. Photo: Canva
The Esha Clause: A Turning Point in Bullying Laws
Malaysia's recent Esha Clause, named after social media influencer Rajeswary Appahu, known as Esha, who died following severe cyberbullying, has strengthened protections for victims.
Under Section 507D(2) of the Penal Code, anyone whose harassment or bullying provokes a person to harm themselves or commit suicide can face up to 10 years in prison, a fine, or both.
'The Esha Clause addresses the psychological damage of bullying, holding perpetrators accountable even if their intent is not proven. This is especially important in cases like Zara's, where the emotional toll is severe,' Kokila said.
Malaysia's decriminalisation of attempted suicide in 2023 means victims will no longer face punishment, shifting focus to mental health support and accountability for perpetrators.
'If Zara had taken her own life, the legal focus would be on whether bullying contributed. Families could pursue wrongful death or negligence claims against individuals or institutions that failed to act,' Kokila said.
Other countries such as Singapore, the UK, New Zealand and Australia have adopted similar approaches, pairing legal accountability with mental health care.
While legal avenues are critical, Kokila also sees value in preventive measures.
'In New Zealand, family group conferences allow victims, bullies, and families to resolve conflicts under professional guidance. These programmes have reduced repeat offences and addressed underlying causes,' she said.
Commenting further, former Malaysian Bar president Salim Bashir highlighted the urgent need for comprehensive legal measures to address bullying, pointing out that Malaysia still lacks a dedicated anti-bullying statute.
Despite this gap, he stressed that existing laws under the Penal Code, tort law and other provisions can still offer protection and remedies to victims.
'Bullying whether physical, verbal or online can have devastating consequences. It is not confined to bruises and physical injuries; emotional and psychological trauma can be equally severe. While a dedicated anti-bullying law would certainly help to define and address the problem more holistically, victims are not without legal recourse,' Salim said.
He explained that under current law, cases involving bodily harm can be prosecuted under provisions of the Penal Code dealing with causing hurt or criminal intimidation.
On the civil side, Salim pointed out that victims can commence tort actions, particularly claims for assault or negligence.
'A civil suit in court can be filed if it can be shown that the defendant owed a duty of care to the victim, that the harm was foreseeable and that the injury whether physical, emotional or reputational, resulted directly from the defendant's conduct,' he explained.