Does having a Persons with Disability (PWD) card make you invisible to the law?

February 26, 2025 
Healthcaretoday, disability awareness, OKU, persons with disabilities, inclusion, Juvenile Justice, neurodiversity, mental health, Legal rights, Child protection, social justice, awareness campaign, disability inclusion,
Holding an OKU card or having a mental health condition does not equate to automatic immunity from the law. Legal procedures, psychiatric evaluations, and rehabilitation processes are in place to ensure justice while prioritizing rehabilitation over punishment.
The perception that individuals holding a Persons with Disability (PWD) card, or OKU (Orang Kurang Upaya) card, can evade legal consequences is a misconception that needs to be addressed. Dr Suri Charles, a licensed and registered Child Custody Evaluator and Guardian ad Litem with International Social Services, recently highlighted this issue in her Facebook post on February 23. She emphasized that possessing an OKU card does not grant immunity from the law.

“Lately, I’ve seen many comments saying how 'easy' it is to escape legal consequences just by having an OKU card or a mental health diagnosis. Some even joke about applying for one just to become 'invisible' to the law. An OKU card is not a free pass to commit crimes,” she stated.

Facts about juvenile justice & neurodivergence
Understanding the legal framework surrounding juvenile justice and neurodivergence is crucial. The following points outline key legal facts:

Age of criminal responsibility
  • Section 82 of the Penal Code: A child under 10 years old cannot be held criminally responsible.
  • Section 83 of the Penal Code: A child aged 10 to 12 years can only be held responsible if they possess sufficient maturity to understand the consequences of their actions.
  • Children aged 12 and above can be charged under the Sexual Offences Against Children Act 2017 (SOACA) and the Penal Code.

Juvenile justice system
  • The Child Act 2001 applies to children aged 10 to 18 years, prioritizing rehabilitation over punishment.
  • Cases are typically heard in the Children’s Court, unless the offense is severe, in which case it may be transferred to a higher court.
  • Possible legal outcomes include probation, counseling, community service, or placement in a rehabilitation center.

Consideration for neurodivergent children
  • For neurodivergent children (e.g., those with autism, ADHD, or intellectual disabilities), the court may order a psychiatric evaluation under Section 342 of the Criminal Procedure Code.
  • If found to lack the mental capacity to understand the crime, they may be exempt from criminal liability and placed under special supervision or programs.

Possible legal consequences
If found guilty, the court may:
  • Order counseling, probation, or rehabilitation without imprisonment.
  • Place the child under supervision by the Department of Social Welfare (JKM).
  • In serious cases, send the child to Henry Gurney School (juvenile detention center), although this is rare and typically reserved for older juveniles with severe offenses.

Child protection & welfare
  • JKM can intervene to provide support, therapy, and rehabilitation programs.
  • If a child poses a risk to others, they may be placed in a Children’s Protection Home for further monitoring and care.

In conclusion, holding an OKU card or having a mental health condition does not equate to automatic immunity from the law. Legal procedures, psychiatric evaluations, and rehabilitation processes are in place to ensure justice while prioritizing rehabilitation over punishment. It is essential to recognize that offenders do not simply "walk free." Stigmatizing individuals with disabilities only exacerbates the challenges they already face. Education and awareness are key to fostering understanding and compassion in our society.

EXPLORE FURTHER

7 Types of disabilities you should be aware of

​Promoting awareness and challenging misconceptions

The urgent need for inclusivity in healthcare for persons with disabilities

How technology and community awareness can transform lives