Act must have elements of enforcement to eradicate begging activities

KUALA LUMPUR - Elements of enforcement must be included if the Destitute Persons Act 1977 (Act 183) is amended to eradicate begging activities since the existing law is only applicable for purpose of protection and rehabilitation of the group.

Lawyer Nur’Aminahtul Mardiah Md Nor is of the opinion that punishments such as fines, compounds, community service or imprisonment should be introduced, especially for begging activities involving elements of exploitation or those making it a career.

"The existing act is only applicable to providing protection and rehabilitation to the group, aged 18 and above who fall under the hardcore poor category, destitute and have no family, other than beggars rescued in operations.

"However, taking into account the current situation where begging activities are getting more serious and have elements of syndicates, as well as the fact that some consider begging a career and not for survival, improvements must be made to curb this activity,” she told Bernama.

Bernama, in its series of special reports on the issue of beggars since Wednesday (Feb 16), drew attention to the issue of legal loopholes as among the reasons why begging activities are difficult to curb and that even cities like Kuala Lumpur have become a haven for them.

Under Act 183, beggars categorised as destitute will be sent to a welfare home for three years where they will undergo rehabilitation in terms of character, spirituality and skills.

Elaborating, Nur'Aminahtul Mardiah said a clearer enforcement action against foreign beggars should also be considered, adding that this group should be treated fairly and not like criminals before knowing their actual situation and reason for begging.

Citing the legal provisions under the Destitute Persons Act used in Singapore in dealing with the issue of beggars, Nur'Aminahtul Mardiah said the law used was considered strict but at the same time still protected the group.

"Singapore imposes a fine not exceeding RM3,000 (about RM9,342) or imprisonment not exceeding two years on beggars who have been caught begging at least twice earlier and will be placed in a welfare home, besides having their photographs and fingerprints taken for identity documentation,” she said.

Also sharing her views is lawyer Muhammad Akram Dr Abdul Aziz, who opined that there was no need to create a new act but only to improve the existing act.

"We don’t need a proliferation of acts but existing laws that are updated so that they are relevant and can be enforced effectively. (In Act 183) only one section provides for a jail term (three months), namely Section 11,” he said.

Akram is also of the opinion that the law to be enforced need not follow that of other countries which are more stringent in tackling the issue but, instead, be studied and reviewed based on the background of the country's population.

"I believe the law was originally enacted to be more towards looking after and rehabilitating the destitute or beggars and also based on the perception that they need assistance and not be punished. Focus, instead, should be on those taking advantage,” he said.

He added that other than the legal loopholes, Malaysians must also change their mentality and the onus should not be solely on the authorities.

"As a law practitioner, I feel this issue should be looked at holistically, the legal loopholes are only part of the problem.

"Maybe the increase in the number of opportunistic beggars is also prompted by the generosity of Malaysians, so much so they are taken advantage of,” he said. - BERNAMA