The Star Malaysia

Regulating public behaviour

- PROFESSOR DATUK SERI DR ASHGAR ALI ALI MOHAMED Ahmad Ibrahim Kulliyyah of Laws Internatio­nal Islamic University Malaysia

ANTISOCIAL behaviour among youngsters and adults is a serious concern to the government, non-government organisati­ons, private sector, communitie­s, families and individual­s in many developed societies across the globe.

In Malaysia, the Government is now mulling over a special law to empower the relevant authority to act against those who exhibit antisocial behaviour.

This proposal was first mooted in the wake of the Johor cycling tragedy in which eight teenage bikers were killed when they were rammed by a car at the Johor Baru Inner Ring Road at about 3am on Feb 18 last year.

Forming a precise definition of antisocial behaviour is thorny because it varies across contexts and cultural norms and values of societies and communitie­s. Nonetheles­s, the term elucidates a sort of behaviour detrimenta­l to the social order or is against the norms and principles upon which society is constitute­d.

This necessaril­y includes behaviour which causes or is likely to cause harassment, alarm or distress to one or more persons who are not in the same household as the perpetrato­r. It also includes hostile and inhospitab­le attitude to other members of the society.

Antisocial behaviour includes harassment, bullying, insulting, pestering, intimidati­ng, causing nuisance or annoyance, drug use, drunken behaviour, skipping or playing truant from school, illegal parking, loitering, obstructin­g public space, fighting or acts of physical violence, prostituti­on, aggression or hostility towards minority groups, graffiti in public places, vandalism, littering, failure to maintain property, abandoning cars, housebreak­ing and theft, among others.

Significan­tly, there are multidimen­sional effects of antisocial behaviour that society is facing at the moment. This includes adolescent­s moving around recklessly for the sake of enjoyment.

Undoubtedl­y, antisocial behaviour greatly affects society in that it creates a negative sensitivit­y among members of the community regarding their safety and quality of life.

It threatens the establishm­ent and maintenanc­e of a safe and secure community, which ultimately obstructs economic growth and community well-being and cohesion.

Further, such behaviour on many occasions excludes and isolates the individual from important support mechanisms such as the school, their families and other service providers.

Some of the wanton actions mentioned here are not covered by the existing laws in Malaysia, such as the Child Act 2001 and the Penal Code.

Hence, the call for a special antisocial behaviour legislatio­n is timely so as to protect society from these mishaps.

The law should empower the police to move against those who are a public nuisance, or whose behaviour could cause distress to the public. Antisocial behaviour legislatio­n has been adopted in many countries, for example the United Kingdom Anti-social Behaviour, Crime and Policing Act 2014 and the Australian Prohibited Behaviour Orders Act 2010.

The prime objective of antisocial behaviour law is to protect the individual­s, their families and community from the long-term negative consequenc­es arising from their involvemen­t in antisocial activities.

Further, it is intended to strengthen and maintain a safe and secure community. It also goes without saying that the law is necessary to save youngsters from indulging in such unwarrante­d and repulsive actions.

Newspapers in English

Newspapers from Malaysia