Datuk Seri Rohani Abdul Karim
KUCHING: The Ministry of Women, Family and Community Development would be conducting awareness campaigns nationwide to inform the public on the Child Act (Amendment) 2016 before it is enforced.
Its Minister Datuk Seri Rohani Abdul Karim said this was to ensure that the people are made aware of the provisions and amendment in the act which was gazetted by the Yang di-Pertuan Agong Tuanku Abdul Halim on Monday.
The Child Act (Amendment) 2016 Bill was first approved by the Dewan Rakyat on April 6 and May 4 by the Senate.
“I will set a date later to enforce this act. But before it is fully enforced, my ministry will be holding awareness campaigns to the public as well as all relevant agencies to make sure they are ready,” she told The Borneo Post when contacted yesterday.
She pointed out that the Child Act (Amendment) 2016 contained four main amendments namely child registry, community service order (CSO), family-based care, and heavier penalty.
“In order to improve protection and safety of the children, information in the child registry will be expanded so that they contain records of convicts who committed crimes against children and also allow screenings to be conducted on individuals working with children as an added safety measure,” she explained.On CSO, Rohani said it was a rehabilitation programme for children who involved in crimes as well as adult offenders including the mother, father or guardians who abused or neglected their children.
“The aim of this punishment is to ensure that the offender, in addition to being sentenced to imprisonment, can be rehabilitated through community work, counselling, repentance and parenting programmes.”
As for the family-based care amendment, she explained that this concerned the placement of children who were neglected from a family environment.
“The court would have to give priority towards family-based care when issuing a protection order for the children. Placement order at Social Welfare Department (JKM) institutions ought to be the last option unless it’s for the benefit of the children.”
As for heavier penalty, she said the amendment was also to determine the fines and enable prison sentences to be raised to RM50,000 and 20 years for offences under Section 31.
Meanwhile, Welfare, Women and Community Wellbeing Minister Datuk Fatimah Abdullah commented that the state will continue to fight for the definition of ‘rape’ to be amended if this is not included in the Child Act (Amendment) 2016.
According to her, this was the main consideration by the state government which had previously been presented to the federal Attorney General.
“We are still waiting to see if the act includes the definition regarding rape where we have received response from the Attorney General that a holistic amendment will be included in the act including rape definition.
“However, if this is not included in the act, we will be very disappointed because we don’t want another rape case such as the ‘finger rape’ case to occur again.
“We don’t want to see a rape case where the perpetrator is acquitted from the charge because the definition of rape is specific. This is not fair for the victim,” she told reporters after presenting a cheque to storm victims at Jalan Permata here yesterday.
She was referring to last year’s case where then 60-year-old Bunya Jalong was acquitted from four rape convictions of a minor by the Court of Appeal due to the Penal Code recognising penile penetration as rape and not a finger which did not constitute as ‘penetration’.
“We have since fought for this issue and even asked for assistance from our members of parliament as the time to voice their concerns about this case during the parliament sitting. After the case, we received much feedback from the public and my ministry in representing the state government had written to the federal Attorney General, who was Tan Sri Abdul Gani Patail at the time, to see to it that the definition of rape would not be too specific,” she emphasised.
According to her, the ministry received a response that an amendment will be included in the act and this included the definition of rape.
“This is a step we must take to ensure that rapists receive the rightful punishment because we don’t want them to be acquitted from the law simply because of one definition.”