IT was the rising rate of crimes against women, especially rape, within the family, that prompted Malaysia's women's organisations to press for comprehensive legislation to meet the situation. They forced the state to enact the Domestic Violence Act, 1994. Thus Malaysia became the only Muslim country to go in for such a progressive Act. The Indian government is considering the enactment of such a law. The Malaysian law and the experience of its implementation hold many lessons.
Domestic violence is abuse committed within the family. It includes slapping, kicking, choking, hitting the head against the wall, forced sex or sexual acts, threatening to hurt, and making someone feel small, stupid or worthless.
The Act recognises the fact that domestic violence is a serious problem that must be stopped. It seeks to protect from an offender immediate family members, including spouses, ex-spouses, children (including adopted children), adults with mental or physical disabilities, and any other person considered part of a family. The Act applies to everyone, including Muslims, who constitute the main religious segment of the population in Malaysia.
One can make a complaint about domestic violence and seek protection. One can apply to the court for help. The court can give an Interim Protection Order (IPO), which protects one from further violence. If the offender is charged with the crime, the victim can further apply for a Protection Order (P.O.). A P.O. can give even more protection than the IPO, because the court can attach other orders to it. For example, a P.O. can give the sufferer the right to live in the same house without the offender, order the offender to stay away from the house, workplace or school, and not to talk to or write to the sufferer. The court can also order monetary compensation to the sufferer to offset losses.
Under the Act, it is the duty of the police to act against offenders and prosecute them under criminal law. At the same time, the sufferer is entitled to sue the offender under civil law seeking compensation.
However, women's organisations and non-governmental organisations point out certain shortcomings in the Act. Apart from seeking to widen the definition of domestic violence in order to enable marital rape to be considered an offence, they want victims to be entitled to apply for protection orders for offences described in the Act and not just for offences listed in the Penal Code. At present the police can charge a person only if the offence committed falls within those described in the Penal Code.
