Enhancing Legal Protection of Stray Animals Welfare Through Society Intervention And Enforcement in Malaysia

Abstract

The plight of strays is one of the most visible animal welfare issues in the world today. Stray animals can be seen as a nuisance and threatening public health through the spread of diseases and the environment. Nevertheless, stray animals also may experience poorer welfare themselves through a lack of resources, such as shelter, food and water and exposure to cruelty. Therefore, an evaluative study in legal perspective on the protection of the welfare of stray animals is imperative. Generally, the Malaysian law in animal welfare is clear in protecting them from any kinds of cruelty as well as proper humane treatment. However, the protection received by stray animals under the current animal protection regime is seen as inadequate as the increasing numbers of cases reported since the Animal Welfare Act 2015 came into force. Hence, it is felt that the lack of clear guidelines in the enforcement concerning stray animals has resulted in their welfare receiving insufficient protection.  This study utilizes doctrinal and non-doctrinal legal research techniques. In complementing the doctrinal discussions, various valuable insights in understanding the law and the practices were adopted. This study provides possible suggestions to enhance solutions in protection of the welfare of stray animals in Malaysia. By using information from current developments in philosophy concerning animal welfare, with references to international instruments and comparing it with the domestic elements of animal protection, this study considers measures and possible ways to enhance protection of the welfare of stray animals in Malaysia. The research suggests that Malaysia should consider incorporating references to animal sentience and the principles in promoting kindness towards animals. Most importantly, this survey urges the government, local authorities and public to improve their commitment through legal intervention to better enforce in protecting the welfare of stray animals.