Regulating orphanages
LAST Saturday afternoon, the earth moved on the slopes behind an orphanage in Kampung Gahal, Hulu Langat, Selangor, swept downwards, engulfed in its muddy embrace a canopy full of children and some young men, and stole 16 souls. Under the Child Care Centre Act 1984, all childcare centres (which include orphanages) have to be registered with the Welfare Department. The only exceptions to this are institutions registered with the Education Department or are run by the federal or state government. This is the law, and failure to abide by it constitutes a criminal act. But the women, family and community development minister has come out to say that the Hidayah Madrasah Al-Taqwa orphanage was not registered with the department or the ministry, although whether it is registered with any other ministry is unclear at this time. The police and other authorities are still investigating.
It may well be that the person who set up the orphanage had only good intentions, for it is unlikely that any person would want to deliberately put children in peril. But that is why there are laws. The main function of the Child Care Centre Act is to control and inspect these centres, to ensure that they are safe for the children. To be registered is not complicated: the centre has to prove that structural, fire precautions, health, sanitation and safety requirements are met, and that the staff are fit and proper persons. None of these conditions is negotiable, and that is as it should be. Failure to comply can, and does, result in serious mishaps that could have been avoided.
Obviously, barring any major accident, unregistered institutions could very well continue to exist without the government ever knowing about their existence. Because they are fundamentally well-meaning, the public would generally be loath to report them to the authorities. For the same reason, the authorities might also not be keen to take action against them, because they do serve a valuable service -- one which the government on its own may not be able to provide. That is why, for instance, up to the end of last year, 68 per cent of private welfare centres in Johor were not registered. But this should not mean that these centres or any orphanage should be allowed to operate illegally. The government must look into why these institutions do not register. For even though everyone should obey the law, providing incentives and assistance for these operators to comply with the law will be a safer bet for the children.
Obviously, barring any major accident, unregistered institutions could very well continue to exist without the government ever knowing about their existence. Because they are fundamentally well-meaning, the public would generally be loath to report them to the authorities. For the same reason, the authorities might also not be keen to take action against them, because they do serve a valuable service -- one which the government on its own may not be able to provide. That is why, for instance, up to the end of last year, 68 per cent of private welfare centres in Johor were not registered. But this should not mean that these centres or any orphanage should be allowed to operate illegally. The government must look into why these institutions do not register. For even though everyone should obey the law, providing incentives and assistance for these operators to comply with the law will be a safer bet for the children.
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