(Petaling Jaya, Monday): 44 local councils nationwide shall declare their definitions and benchmarks for “indecent acts”, and suspend the enforcement of any by-laws to curb “indecent acts” prior to clarifications and acceptance of such definitions and benchmarks pertaining to “indecent acts”, as Malaysians from various walks of life, ethnic, cultural, linguistic, territory and religious backgrounds have different understandings, definitions and benchmarks for “indecent act” by members-of-public.

The landmark decision of the Federal Court that kissing and hugging in a public park can be charged with indecent behaviour under Section 8(1) of the Parks (Federal Territory of Putrajaya) By-Laws, 2002 as the said By-law does not infringe Article 5(1) of the Federal Constitution guaranteeing freedom of life has prompted several local councils to declare that they will step up their enforcement on “indecencies” in public parks. According to a Sin Chew Daily report dated 9^th April 2006, Alor Setar Municipal Councils claimed that anyone who behaves indecently in public parks will be fined no more than RM300, under By-law Local Government (Parks) 1983.

It is also reported that such by-law also exists in Ipoh. Unfortunately, there are no further explanations, clarifications, definitions or benchmarks related to “indecent acts” or “kelakuan tidak bersopan”.

Perak State Exco (Local Governments Affairs) YB Dato’ Chang Ko Youn said that it depends on how the court interprets “indecent acts”, whereas Kedah State Exco (Transportations, Industry, Trades, Consumers Affairs and Chinese Community Affairs) YB Dato’ Chong Itt Chew mentioned that according to Islamic techings, hugging, kissing and other intimate touching are indecent acts and such acts are prohibited by Islamic teachings.

At the moment, all local councils are empowered to enact and enforce their own by-laws and there are numerous local council which have enacted that “indecent acts” are prohibited in public parks, including DBKL, local councils in Pahang, Kedah, Penang, Negri Sembilan etc.

Another argument which is of equal importance is whether local councils can act as moral police to clamp down “indecent acts”?

Selangor Mentri Besar Dato’ Seri Mohamad Khir Toyo had once claimed that other than Selangor Islamic Affairs Department, local councils in Selangor are not empowered to enact and enforce by-laws pertaining to “indecent acts”. Parliamentary Secretary of the Ministry of Federal Territory, Yew Teong Look echoed that his Ministry is concerned with the decision of DBKL to enact such by-law to prohibit “indecent acts” in public parks.

He said that he has discussed this matter with the Minister Dato' Haji Zulhasnan Bin Rafique and will further discuss this matter “in a day or two”.

In lieu of the situation whereby much confusion caused among members-of-public, all local councils shall immediately announce their definitions and benchmarks on “indecent acts” and suspend the enforcement of any by-laws to curb “indecent acts” prior to clarifications and acceptance of such definitions and benchmarks pertaining to “indecent acts” by members-of-public.