Homeless can be detained for up to 6 years under law
(The Rakyat Post) – To detain the homeless against their will using the Destitute Persons Act (DPA) is an infringement of their rights, says DAP lawmaker Ong Kian Ming.
Ong said “Ops Kasih” against the homeless would start tomorrow and would be led by Women, Family and Community Development Minister Datuk Seri Rohani Abdul Karim.
“This will be a comprehensive operation to ensure that there are no more Malaysians begging or wandering around the streets without getting the appropriate protection.
“This is a serious breach to the freedom of the homeless in Kuala Lumpur.
“The minister had said that the homeless will be given care and rehabilitation for three years and can be released early under two conditions, as per Section 8(1) of the Destitute Persons Act 1977.
“These are that the authorities are satisfied that the resident has obtained appropriate work to sustain himself or has been released to someone who can support and take care of them,” he said in a press statement.
He said under the Act, a destitute person means: “(a) any person found begging in a public place in such a way as to cause or to be likely to cause annoyance to persons frequenting the place or otherwise to create a nuisance; or (b) any idle person found in a public place, whether or not he is begging, who has no visible means of subsistence or place of residence or is unable to give a satisfactory account of himself”.
“A homeless person who is not begging would fall under category (b) of a Destitute Person under this Act.
“Section 3 of the Destitute Persons Act (DPA) 1977 allows a magistrate to require a destitute person to reside in a welfare home for up to one month.
“Section 4 of the DPA allows a magistrate, based on the recommendation of a social welfare officer, to order a destitute person to remain in a welfare home for up to three years and this order can be extended by another three years.
“This means that a homeless person can be detained against his or her will for a period lasting up to 6 years.”
He said the minister had said that those rounded up under Ops Kasih would not be released until they had found suitable employment or someone volunteers to take care of them, including providing them with housing as per Section 8 (1) of the DPA.
“Many of the homeless in Kuala Lumpur do not have regular jobs and have, for various reasons, lost contact with their family members.
“To require that they find regular jobs or proper homes before they are released from the welfare homes is unfair and unacceptable.
“Even criminals who have served their jail sentence are not required to prove that they have gainful employment or a permanent roof over their heads before they are released.”
