PUTRAJAYA: PUTRAJAYA: Calls are mounting for the government to introduce a dedicated Child Act for children with disabilities, to ensure stronger protections, reinforced rights and swifter justice, particularly following institutional abuse cases.
Senator Isaiah D. Jacob criticised systemic failings in the protection of individuals with disabilities, stating that the government had failed to prioritise their welfare in abuse cases involving these children.
His visit yesterday to the Attorney-General’s Chambers to submit a memorandum to Attorney-General Datuk Mohd Dusuki Mokhtar underscored grave concerns over what he described as a miscarriage of justice and a breakdown in the child protection system.
He called for a thorough reinvestigation of an abuse case.
“The abuse is not alleged, it is proven. The perpetrator has admitted guilt in open court. Yet instead of being charged under the Child Act 2001, she was charged under a general provision of the Penal Code.
“This raises a deeply troubling question: Are children with disabilities being denied equal protection under our laws? If so, this is not merely a legal oversight, it is institutional discrimination,” he said.
The memorandum detailed a confirmed case of physical abuse involving Adam and Anaqi, both with Down syndrome, who were students at a Community-Based Rehabilitation Centre (PDK) in the area.
Medical reports confirmed that Adam sustained injuries consistent with physical abuse.
Anaqi was subjected to repeated harm at the same centre, including bruises, head trauma and facial swelling.
A teacher from the centre later pleaded guilty in the Magistrate’s Court and was convicted under Section 323 of the Penal Code.
She was fined RM2,000, with an alternative option of two months’ imprisonment. She opted to pay.
Isaiah argued that the failure to apply the Child Act 2001 was a serious concern, noting that Section 31(1)(a) allows for up to 10 years’ imprisonment, a fine of up to RM20,000 or both, for abuse or neglect.
“We need a special Act to protect children with disabilities. In this case, a child was abused in a rehabilitation centre, yet justice has not been served.”
He also urged the ministry to immediately shut down unlicensed and unregistered centres that endanger vulnerable children, stressing that action must not wait until another tragedy occurs.
Isaiah revealed that while there are 573 registered PDKs across Malaysia, many others could be operating without proper oversight.
“So far, I’ve personally investigated and identified one such centre. I’ll keep visiting every PDK I can. As a PWD (persons with disabilities) myself, I feel a responsibility to ensure the safety and well-being of those with disabilities.
“I’ve written to the ministry and that centre is still operating. That is unacceptable. Why hasn’t the ministry shut it down?”
He added that many abuse cases go unreported because parents fear retaliation against their children if they speak out.
Isaiah also called for separate legal provisions for rehabilitation centres, arguing that their nature differs significantly from regular childcare facilities.
“Children in these facilities are not like other children, so the laws and penalties must reflect that.
“The punishment applied to normal children should not be used for children with disabilities. That is my main point, we need a specific Act to protect children with disabilities.”
He urged the Attorney-General’s Chambers to review the case thoroughly and ensure that the rights of children with disabilities are fully upheld under the law.
