The provincial government of Khyber Pakhtunkhwa is going to establish Dar-ul-Kafala to provide shelter, health care, education and skill development facilities to the vagrants in the province.
The establishment of the Dara-ul-Kafala is another step towards turning Pakistan towards a welfare state on the principles of the first Islamic state of the Riyasat-e-Madina as pledged by the PTI chief Imran Khan. In first step, the government has already established shelters home in the province.
For the purpose, the government has already tabled KP Vagrancy Restraint Bill, 2020 in the provincial legislature to provide for care, rehabilitation and re-integration of vagrants and to restrain vagrancy in the society and others matters connected therewith or incidental thereof.
After the promulgation of the draft bill, the already operational welfare homes established under the West Pakistan Vagrancy Ordinance, 1958 (Ord. No.XX of 1958), repealed under KP Child Protection and Welfare Act, 2010 would also be deemed as Dar-ul-Kafala.
Soon after the commencement of the Act, the provincial government would constitute a Vagrancy Restrain Steering Committee. Headed by the Secretary, Zakat, Usher, Social Welfare, Special Education and Women Empowerment Department as chairperson and Deputy Secretary of the Department as Vice Chairperson would also include Director Human Rights, District Social Welfare Officers, representative of the Deputy Commissioners and Director, Social Welfare as Member-cum-Secretary.
The powers and functions of the steering committee would be to lay down the policy, guidelines and issue directions for efficient and effective performance of the Dara-ul-Kafala and achievement of its objectives; maintain general supervision; examine & approve the procedure for care, detention, training and maintenance of vagrants.
The steering committee will also have to mobilize and motivate the general public for all kinds of contributions for the well-being of the vagrants; generate resources for the well-being of vagrants; encourage non-government organizations and provide facilitation to vagrants at Dara-ul-Kafala.
It would also be responsible for introducing innovative programmes related to skill oriented disciplines for the vagrants; advise government on all matters relating to control of vagrancy in the province; inspect at any time any Dar-ul-Kafala and perform such other functions as may assigned by the provincial government.
The steering committee may delegate any of its powers to any member or officer appointed for the purpose while meetings would be convened by the Chairperson on its own on such date and at such place, as he may deem appropriate or on the request of the half of the members.
The steering would meet at least once in three months and its meeting would preside over by the Chairperson, or in his absence, by the Vice Chairperson. All decisions at a meeting would be made by majority of votes and in case of equality of votes; the person presiding meeting would have a second or casting vote.
Any vagrant may present himself before the Special Magistrate for being admitted to Dar-ul-Kafala and if the Special Magistrate is satisfied that such vagrant has no source of livelihood, he may be detained in a Dar-ul-Kafala till such time as such vagrant becomes possessed of means of livelihood or applies for his release from custody.
Under the law, any police officer may without a warrant of arrest or search, as the case may be, arrest any person and search any person who appears to be a vagrant and may seize anything found with such person which he has reason to believe to be used for soliciting alms, liable to confiscation. However, any person arrested under the law, shall be presented before the Special Magistrate within twenty four hours of such arrest, such person may be released if he furnishes bond to the satisfaction of the Special Magistrate.
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