(Homelessness Issues in Malaysia: Analysis from Social and Legal Perspectives (Destitute Persons Act 1977 [Act 183]))

Abstract

The issue of homelessness is a disturbing phenomenon to communities, especially in fast-growing cities. Apparently, homelessness statistics in Malaysia has risen due to urbanisation, which in turn has led to economic instability among urban residents. Homeless or destitute people struggle to survive due to poverty and despair. Therefore, the objective of this study is to analyse issues associated with homelessness from a social and legal perspective, beginning with definitions, terminologies, to relevant legislation and enforcement issues. This study is conceptual-based which mainly discuss local issues related to the homeless and destitute community. Previous studies were used to identify studies that had been carried out concerning the Destitute Persons Act 1977 in terms of terminology and jurisdiction including the social impact and limitations of the act. The operational structure of the Department of Social Welfare in assisting these groups are also discussed along with limitations in the relevant legislation from social standpoints. The ambiguity that exists in the Destitute Persons Act 1977 has impacted on the effectiveness of the enforcement and the management and rehabilitation of homeless people. This situation is caused by the absence of a clear definition of the concept of the homeless through this act. Thus, from the social point of view of the community, it has had a social impact on the enforcement of the Destitute Persons Act 1977, issues related to the Federal Constitution of Malaysia as well as limitations of the act. Several recommendations to ameliorate issues regarding homelessness which include modification in its definition and the use of jurisdiction have been proposed to ensure that these people are protected and productive in their effort to secure their livelihood.