Letter to the Editor

In reference to "Shahrizat: Nothing wrong with the law, only enforcers" (The Malay mail, 16 August 2005), WAO would like to echo the call of AWAM to bring about reform to the Domestic Violence Act (DVA), Criminal Procedure Code (CPC) and the Penal Code (PC). While we agree with the minister, Dato' Seri Shahrizat Abdul Jalil that the enforcers of the law are flawed in their attitude, it is also our position that the law is flawed as well.

The Joint Action Group Against Violence Against Women (JAG), comprising WAO, Women's Centre for Change, Women's Development Collective, AWAM, Sisters in Islam, and MTUC Women's Committee had submitted a memorandum for a need to reform the DVA, the CPC and the PC. This memorandum was submitted to the Minister of Women, Family and Community Development, the Prime Minister's Department and the Special Select Committee on Penal Code (Amendment) 2004 and Criminal Procedure Code (Amendment) 2004.

WAO has been monitoring the DVA since 1996, and have produced a brochure, "Why Reform the DVA". The brochure highlights problems with the actual substance of the law, specifically:

Specific definition of domestic violence
As the criminal remedies for domestic violence are available under the Penal Code, it does not address the specific dynamics of DV and the urgency for immediate investigation and prosecution of the perpetrator. The Penal Code definition for "Hurt" is limited and does not take into account the dynamics of domestic violence

Psychological/Emotional Violence
Psychological, mental, and emotional abuse e.g. threats to remove the children from the custody of the mother, withdrawal of financial support, harassment, stalking and constant ridicule are not defined as DV in the Penal Code

Besides the DVA, the procedures involved are also problematic. Among some of the problems are:

Certification of police reports
Often, survivors would move to a safe place before lodging police reports. However, some police still insist that the women return to the police station nearest to where the incident occurred for verification of the police report.

Contravention of the IPO or PO
When the perpetrator breaches the IPO the Police treat the matters as "new" cases. The Powers of Arrest, even if attached are not invoked automatically. In other words, the police conduct a new investigation to ascertain if the offender has violated the IPO. This again takes time and the woman finds herself in the same situation as before an IPO is issued.