Ten years on, the Domestic Violence Act 1994 (DVA) is proving far from being effective in ensuring the safety, protection and prevention of spousal abuse in particular.

In view of this, a lobby group dubbed the Joint Action Group Against Violence Against Women (JAG-VAW) has just released a proposal for comprehensive reform of law, policy and protocols on the implementation and enforcement of the DVA.

This adds to its repeated calls over the past decade for wide-ranging improvements to ensure the efficacy of the DVA in relation to the safety of victims and prevention of domestic violence.

Women's Aid Organisation (WAO) president Meera Samanther said the lack of co-ordination among the police, social welfare department and the judiciary is a major obstacle still being encountered.

"The implementation is hampered by cumbersome procedures and inconsistencies. We hope there will be a more co-ordinated multi-agency approach will be in place within the next 10 years," she told a press conference in Petaling Jaya today.

For example, there is no standardised inter-agency practice in dealing with domestic violence cases, no substantial training for the police, welfare officers and hospitals, and nothing done to add psychological abuse in the law.

On May 25, several members of JAG-VAW - including WAO - and the National Council of Women's Organisations had met Prime Minister Abdullah Ahmad Badawi to discuss issues of discrimination and injustice.

"The PM recognised the need for change to ensure the laws and policies reflect the changing times and roles of women. He also acknowledged the urgency of law reform in the various areas of discrimination and injustices to women," Meera said.

Women, Family and Community Development Minister Shahrizat Abdul Jalil was also present.

She is now responsible for acting on proposals which JAG-VAW had earlier handed to the now-defunct National Unity and Community Development Ministry. The two ministries were merged during the cabinet reshuffle following the general election on March 21.

Drop in reported cases

Meera also noted the steady decline of reported domestic violence cases. Two years after the DVA came into force in 1996, the number of cases peaked at over 6,000 reports.

"Then it began dropping by half before averaging out at 2,500 cases a year. No specific analysis was done to determine whether it was because women were more empowered or fewer cases were being reported," she said.

"But we suspect that the decline is due to the tedious administrative procedures involved in obtaining an interim protection order (IPO), which may have put women off from reporting abuse."

(The abused spouse may apply for an IPO after a police report is lodged. Referrals must first be obtained from the police and social welfare department before the court grants the order.)

WAO executive director Ivy Josiah cited the IPO application process as an example of how red-tape can hamper an urgent request for legal protection against further abuse.

At the same time, children are not afforded protection under an IPO.

"This is a whole different area which we have not even begun to discuss but is equally important to be addressed under the DVA," she pointed out.

"What (real) protection does a wife have if the husband takes away their children in order to force her to return home?"

Many victims, she said, are also in the dark as to whether the IPO has actually been served on the abuser.

"They are not kept up to date on the progress of police investigations. This is important because the IPO is only valid for the duration of the investigations. What happens after that is another issue that needs to be looked at. In the meantime, the victims live in fear."

'Extend definition'

Josiah said the current DVA excludes psychological or mental and emotional abuse, such as threats, persistent phone calls, stalking, and threats issued through friends or relatives.

"Threats of removal of the children from their mother's custody, withdrawal of financial support, harassment and constant ridicule are not defined as domestic violence under the DVA."

She said the general attitude of desk officers at police stations and social welfare department is another stumbling block.

Josiah acknowledged the influence of cultural and religious values among front-line enforcers, as these could pre-determine the mindset of those assigned to deal with domestic violence.

"Domestic violence is still seen as a private matter. There is a great fear of breaking down the family unit," she noted.

"What the enforcers fail to see is that the family unit is rendered useless by the husband's violent behaviour. This poses a major problem for victims seeking immediate help and protection."

She said there have been cases where abused women had been told to try and reconcile their differences with their husbands.

"There are also magistrates who have told victims that obtaining an IPO would break up their family."

She said such wrong advice would impede progress towards creating public awareness on the need to report incidents of domestic violence.

As Malaysia is the first Asia-Pacific (followed by Korea) and only Muslim country to pass a specific law on domestic violence, it should not let down the spirit of the law, Josiah added.