THE SILENT EPIDEMIC : DOMESTI...

THE SILENT EPIDEMIC :
DOMESTIC VIOLENCE IN TIMES OF COVID-19 CRISIS

Written by Yau Vinnie

Family is the foundation of society. It all starts with a union of two loved ones in a marriage. Every couple would remember the vows said to each other during marriage, how they would be there for each other through thick and thin and till death do them apart. However, some promises are broken on many grounds and domestic violence can be one of the causes of that.

What is Domestic Violence ?

Domestic violence is an abuse of power. It usually occurs when one partner attempts to control and dominate over the other, through violence, threat of violence, or even by controlling the partner’s finances as well as his or her social life. It can be in many forms, including but not limited to physical, emotional, sexual, psychological, and financial abuse. Needless to say, the list of such abuse is not exhaustive, and at times it can be hard to tell whether one is in an abusive relationship.

There Is No Way To Escape

Domestic violence is an epidemic, and yet we don’t address it. Domestic violence victims tend to be afraid and not speak out because of the fear of their partner. Sometimes, it is because there is simply no adequate protection under our existing laws. With the onset of the COVID-19 pandemic, the imposition of the Full Movement Control Order (FMCO) or the other variants of Movement Control Order (MCO) by the Malaysian Government, have forced people to spend much more time at home. The new norm of working from home and being forced to be in the same house as their partner have in fact led to a surge in domestic abuse cases, adding another public health crisis to the toll of in addition to the COVID-19 crisis.

Existing Laws

Malaysia has its very own legislative protection, namely Domestic Violence Act (DVA) 1994, which specifically tackles domestic abuse. However, such protections given under the said Act are still far from being adequate in protecting women’s rights.

In my humble opinion, DVA 1994 has a very narrow definition on what domestic violence is and it is so rigid that it does not extend protection beyond marital relationship. Other than the fact that the said Act is so family-focused, domestic violence also fails to be recognized as a specific crime under any of the existing provisions in the Penal Code. For instance, protection is not given to unmarried couples who live together. Marital rape also does not amount to an offence in Malaysia. The Protection Order (PO) given to women under DVA 1994 is rendered ironic as issuance of such an order can only be done when there is an ongoing court trial. In addition, PO can be revoked if the victim finds suitable alternative accommodation in cases where the residence is jointly owned or leased by both parties, or solely owned or leased by the abuser. The law seems to have work the other way and has shown discrimination against the victim regarding residential rights.

Reformations

Women are often viewed as an outsider when it comes to the factors to be taken into account during the formulation of legislation. Women are often in an inferior position and are being severely discriminated against. Hence, comprehensive legislations should be formed and reformed to ensure that rights and liberties of women are adequately protected.

The Malaysian Government should amend the Penal Code to make domestic violence a specific crime. Women being the victims of domestic abuse deserve to be protected regardless of their marital status. Domestic violence shall not be taken lightly and should be viewed as a public matter instead of solely on a private aspect to family matters. Awareness shall be raised amongst people from all walks of life and justice shall be upheld through the criminal justice system.

Currently, Interim Protection Order (IPO) and the Protection Order (PO) are given to the victims, but the duration of these orders are not properly addressed. Even though the police are now equipped to let the victims know when the specific order ends, there may be an inevitable delay to the notice. Thus, one way to improve this system is to send alerts via text message or e-mail when those orders come into force and cease to have effect. This is to ensure the victims know immediately when the protection order begins and ends so that they may seek for an appropriate channel for protection with the existing laws. Thus, one way to improve this system is to send alerts via text message or e-mail when those orders are served. This is to ensure the victims know immediately when protection order begins and may seek for an appropriate channel for protection with the existing laws.

After the IPO or PO ends, the relevant governmental or NGO bodies should follow up on the victims regularly and record their statement after every visit. This is to ensure the abuse does not continue and in the event it does, these victims can seek for protection when the officer makes a house visit.

In situations where the employers know that their employees are unfortunate victims of domestic abuse, the employers should offer a “Domestic Violence Leave” to their employees. This is to give them room and time to recover from physical, legal, psychological, and other various ramifications of domestic violence. Some may need time off to seek medical attention, or to relocate to a safer place. Others may be prevented from getting to work because an abuser disables or takes the car, sabotages childcare arrangements, or leaves the victim without cash to use public transportation. Even if they are forced to work, they might fail to give their all, affecting their productivity level at work and consequently affect the company.

Conclusion

Abuse is not a way of showing affection in a relationship and one should always remember that love is not an excuse to inflict pain on anyone. Hence, do what you have to do to survive and bring an end to the abuse. Legislative reforms are bound to happen in the future but before they do, here are the things that you can do if you or your loved ones need help:

1. Contact 999 / the nearest police station’s number

2. Contact WAO via Hotline (+603 3000 8858)

3. Contact WAO via SMS/WhatsApp line ; TINA (+6018 988 8058)

4. Go to the One-Stop Crisis Centers (OSCC) which are located at the Government Hospitals where assistance will be provided in the aspect of shelter and protection.

5. Contact a trusted family/friend’s number