A shocking incident made headlines in Malaysia recently after an 11-year-old schoolgirl passed away following a sports trial she was allegedly forced to join despite having a known heart condition. According to Malaysiakini, Nur Qaira Alisha Ahmad Ilwan had lived with a congenital heart condition since infancy and held a medical exemption barring her from vigorous physical activities, a status her parents stated was fully communicated to the school.
The tragedy unfolded during a sports house selection on 15 April, when a teacher from the school's Special Education Integrated Programme (PPKI) allegedly ignored her medical exemption and directed her to run. Shortly after the event, Nur Qaira suffered severe fatigue and sickness. Her health continued to deteriorate rapidly, leading to her emergency admission to Sultanah Bahiyah Hospital in Kedah on 24 April after developing facial and eye swelling.
Medical tests revealed she had suffered heart failure secondary to decompensated dilated cardiomyopathy. Before her death, the condition reduced the young girl to a bedridden state dependent on constant oxygen supplementation and a wheelchair. Her mother, Norlela Shaari, publicly voiced her anguish on social media, questioning the teacher's lack of empathy and describing the devastating toll the order took on her child's life.
Addressing the incident, Education Minister Datuk Seri Fadhlina Sidek stated that the Kedah State Education Department (JPN) conducted an investigation into the complaint. She noted that the Ministry of Education's (MOE) Integrity Unit had been directed to handle the case strictly in accordance with regulations and principles of justice to ensure accountability. A day later, Kedah JPN announced that the teacher involved in the incident had been temporarily transferred to another school pending the probe.
Many enraged Malaysians have since called for strict action to be taken against the teacher for their alleged actions. Moreover, many urged the victim's family to take legal action, including dragging the school and MOE to court for negligence. With all these details established, what legal avenue does the family have in this case? Here is a breakdown of what Malaysian law says.
Section 31(1) of the Child Act 2001
Based on reports surrounding the case, two potential legal avenues can be pursued against the teacher: criminal and civil.
Regarding criminal liability, an investigation can be initiated under Section 31(1) of the Child Act 2001 below for the ill-treatment, neglect, and exposure of children.
Under Section 2 of the Child Act 2001, a "child" is defined as a person under the age of 18, which clearly includes the 11-year-old victim.
Based on what was reported, it can be argued that the teacher's actions constitute an offence under Section 31(1)(a). The victim, a child under the teacher's care at school, was allegedly exposed to a situation likely to cause her physical injury. Forcing her to run despite her medical condition caused her to fall ill, ultimately leading to her death.
Should the teacher be convicted under Section 31 of the Child Act 2001, they may face a fine of up to RM50,000, an imprisonment term of up to 20 years, or both.
Furthermore, under Section 31(2) of the Act, individuals charged under Section 31 may also be ordered by the court to execute a bond with sureties to be of good behaviour for a specified period and under conditions deemed fit by the court, as well as perform community service.
Anyone failing to comply with the bond's conditions faces an additional fine of up to RM10,000, a further prison term not exceeding 5 years, or both.
The mandated community service must total between 36 and 240 hours in aggregate and be completed within 6 months from the date of the order. It remains subject to any additional conditions specified by the court, and failure to perform the required service may result in a fine of up to RM10,000.
Do note that a police report must be filed for investigations to be initiated against the teacher. Afterwards, it is up to the Attorney General's Chambers (AGC) to determine the most appropriate charges, if any, against the teacher, based on existing laws.
In criminal proceedings, the AGC plays a vital role as the principal prosecuting authority, including determining whether or not the evidence provided by the investigating officer is sufficient to prove a prima facie case.
Section 304A of the Penal Code
Another relevant criminal action that could be taken against the teacher falls under Section 304A of the Penal Code for causing death by negligence.
If convicted under this provision, the teacher could face an imprisonment term of up to two years, a fine, or both.
Civil suit against the teacher and the school for negligence
Additionally, the victim’s family can file a civil suit against the teacher for negligence, claiming that forcing the child to participate in physical exertion led to adverse health complications and her subsequent death.
Furthermore, the school’s headmaster, the MOE, and the Government of Malaysia (as the school is reportedly a national school) can be named as co-defendants under the doctrine of vicarious liability. In this civil action, the family may seek monetary compensation by way of general and special damages for the loss of their child.
One recent example of a successful negligence suit being brought against a teacher, the school, the MOE and the Government of Malaysia is the case of Muhammad Syakir Irfan v Nur Badruzzanan & Ors (Case number: JB-21NCvC-4-09/2022). In this case, the plaintiff, Muhammad Syakir Irfan, was awarded over RM452,000 by the Muar High Court after sustaining catastrophic bodily injuries as a 14-year-old minor during a school physical education class.
The incident occurred on 17 September 2019 at SMK Chaah in Segamat when the iron shaft of a school-issued badminton racket detached from its handle during play, striking Muhammad Syakir in his left eye. The injury caused a severe penetrating eye wound, a skull fracture, and acute intracranial haemorrhage, resulting in permanent visual and neurological disabilities.
High Court Judge Kalyana Kumar allowed the claim on a full liability basis against the defendants, supervising teacher Nur Badruzzanan Mohamad, principal Maziah Mohammad, the Education Director-General, and the Government of Malaysia, holding them fully liable for failing to discharge their duty of care to provide adequate, reasonable, and effective supervision.
Moving forward, this case will undoubtedly remain a matter of significant public interest as further developments unfold. Until then, let this serve as a critical reminder to all educators and caregivers to discharge their duty of care toward children with the utmost vigilance.
Saiful Ridzaimi (saiful.ridzaimi@gmail.com) is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!
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