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It should be noted here that, even though they are homeless; not
possessing any physical or legal ownership of any space called shelter, they
at the very least should be respected. They are also a human, a person. They
have rights same with other human beings and their rights are protected
under the fundamental liberties ranging from s.5 until s.13 of the Federal
Constitution. It does not means that, as a homeless thus they are not entitled
for any rights or their rights are pulled off right away from them as when
they become homeless.
The same applies with the rest of other s3(2) if the Magistrate has
reasonable cause to believe that any person so brought before him is a
destitute person, he may order such person to be admitted temporarily to a
welfare home pending a report by a social welfare officer and further
continued in s3(3) that the report shall be completed within a period of one
month from the date of such persons admission into a welfare home.
s3(4) when a Magistrate in Chambers if satisfied from a report
furnished by a social welfare officer that the person is a destitute person,
may by warrant under his hand order that person to reside in a welfare home
for a period which shall not exceed three years.
Section 3 is another example of a clear cut section which denied the
liberty of a homeless. They have a rights to make a choice of their life
however when they were sent to welfare house unwillingly, It is the same as
sending the homeless to prison when magistrate give the verdict of putting
the homeless at the welfare house for not exceeding three years.
Meanwhile, it is no different from s11 of the Destitute Person Act 1977
Act 183, it has expressly lays out punishment if convicted, will be sent to
welfare house or imprisonment not exceeding three years and may be
arrested without warrants if they seems to have committed any of the
offences which are lay out in s11.
These sections in the Act obviously shows that it contravenes with the
fundamental liberties specifically Article 5 of the Federal Constitution which
is, no person may be deprived of life or personal liberty except in accordance
with law. Thus, these laws which is not fair and shows discrimination towards
the homeless should be amended or repealed.
The next step that the government can take is by making sure that
employee obeys the policy of minimum wage. Minimum wages is basic
wages, excluding any allowances or other payments.5 The minimum wage in
Peninsular Malaysia is RM900 while in Sabah and Sarawak, it is RM800. It
5 Background to Minimum Wages In Malaysia. (n.d.). Retrieved December 4, 2014,
from http://minimumwages.mohr.gov.my/employees/about-minimum-wages-policy/
The next way for the society to help the homeless is by participating in
volunteer works. There are many volunteering works that are being done in
order to help the homeless. One of it is the Kechara Soup Kitchen. Kechara
Soup Kitchen (KSK) is a registered NGO with an objective of providing food
for the homeless on the streets and the urban poor.8 The society could
contribute by volunteering in becoming a helper to distribute foods to the
homeless with the Kechara Soup Kitchen. They could also donate to help the
Kechara Soup Kitchen to purchase cooked food, biscuits, fruits, bread and
raw food for cooking.
The society or the local community should also work together to set up
a shelter for the homeless. An example that our society could follow is a nonprofit organization in New Jersey, United States. The Community Access
Unlimited is an organization that provides safety nets and care for homeless
youth.9 They provide assistance to homeless youths such as safe emergency
accommodations, food, clothing and medical attention, educational
assistance, life and social skills training. The local community should take
this as an example to ensure that the homeless and in the example given,
the homeless youth, be taken care of in terms of their basic needs. Malaysia
should focus on providing shelters especially for the homeless in Kuala
Lumpur. The society should try to gather funds in order to build shelter for
the homeless.
The problem of homelessness seems to be increasing as the economic
growth increases. It may be due to the increasing cost of living especially in
the capital city such as Kuala Lumpur. The issue of homelessness should be
taken seriously by the government as well as the society at large. The
government must take actions and initiate programs that would effectively
make a positive impact towards the homeless. Thus, the solutions discussed
above may help in solving the issue of homelessness.