International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

Curbing the Problems of Baby Dumping and Infanticide: A Malaysian Legal Perspective
Dr. Anita binti Abdul Rahim, Dr. Tengku Noor Azira bt Tengku Zainudin, Ahmad ‘Azam bin Mohd. Shariff

Baby dumping and infanticide are fast becoming a national issue, causing grave concern among the public and also the government. There are indeed some legal provisions under the Malaysian criminal law relating to both criminal acts. However, these provisions are seldom referred to due to their ambiguous interpretation and application. In fact, there is confusion in differentiating between baby dumping and infanticide. Henceforth this article aims to highlight and analyse the relevant existing Malaysian provisions, namely sections 317( Exposure and abandonment of a child under 12 by parents or person having care of it), 318(Concealment of birth by secret disposal of dead body), and 309A(Infanticide) of the Penal Code. This is essential in order to identify the distinct features between baby dumping and infanticide thereby giving clarity to the said legal provisions. It is submitted that there are some lacunas in those provisions that need to be addressed in order to curb the problems effectively.

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