While proposed amendments to the Penal Code attempt to address domestic violence, it would still leave many perpetrators untouched, says a coalition of women's rights groups.

The Joint Action Group for Gender Equality (JAG) said this is a cause of concern as 54 percent of domestic violence cases last year did not occur between married couples.

Such oversight, including other proposed amendments to the Prevention of Crime Act 1959 (PCA), may have stemmed from the lack of consultation, JAG said in a statement today.

"With this in view, JAG calls for the proposed amendments to be halted immediately, so that civil society and other stakeholders can be consulted meaningfully on these proposed amendments before they are passed into law," it said.

According to JAG, police data show that domestic violence more commonly involves former spouses, parents, children, siblings and other members of households.

"The proposed amendments need to be extended to former spouses and other family members as defined in the Domestic Violence Act," it said.

According to the Penal Code Amendment Bill tabled in Parliament last week, the maximum penalty for causing physical hurt is doubled if the perpetrator is found to be married to the victim.

For example, if a person is convicted for grievously hurting someone, he/she can go to jail for seven years under Section 325. However, if the victim is his/her spouse, he/she can go to jail for 14 years.

Severe penalty useless if enforcement is lax

In their lengthy preliminary comments on the amendments, JAG said mandatory jail terms for spousal abuse may also discourage victims from reporting domestic violence.

"JAG proposes mandatory rehabilitative counselling instead, and for judges to have discretion on imposing imprisonment."

It also called in question the failure to introduce marital rape into the Penal Code, despite it being recognised by the World Health Organisation.

Commending the attempt to penalise violence against women more severely,  it said, however, that such efforts would be in vain if enforcement of the already existing laws was lax.

"Poor enforcement results in, among others, low conviction rates. No matter how heavy the punishment, non-implementation of enforcement will not deter perpetrators.

"Resources must therefore be put into strengthening existing systems in the implementation and enforcement of laws, in training officers of the law and making clear guidelines in implementation of laws, especially in sentencing," JAG added.

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