Does a woman have to be bruised and bleeding before her abuse is taken seriously?

by Dr Prema Devaraj

The other day a woman went to a police station to make a report. She had been hit her on the head, had had her hair pulled and had been slapped around the face by her husband. This apparently was not the first time. However, when she requested that the police issue an Interim Protection Order (IPO), she alledged that she was informed that her injuries were not severe enough (no bruising) to warrant such an action.

The Domestic Violence Act (DVA), enacted in 1994, at last recognised domestic violence as an issue of public concern. Its main aim is to ensure the safety of victims of violence. Under the DVA, a person can seek assistance from the police by making a report of the assault and specifically asking for an IPO. The IPO is an order from the court which protects the person from further violence while the police carry out an investigation.

The police, the welfare and court authorities’ awareness of domestic violence is vital for the implementation of the DVA. While acknowledging police frustrations over workload and women retracting their complaints over domestic violence, one is left wondering about the effectiveness of the DVA when enforcement authorities can hold back an IPO on the (subjective) basis that the injury is not severe. One is also left wondering how enforcers define violence and, more importantly, about the ideology that accepts a certain level of violence in a household.

The attitudes of regarding women as subordinate to men perpetuates widespread violence against women, including family violence and abuse. Such an attitude (which make many men think they have a right to hit their spouse) means violence against women is excused (and even accepted) by society. Some may even argue that ‘it’s for her own good’. What is implicit in these prejudices and practices is the unspoken acceptance of a certain level of violence in a household. If a few slaps do not amount to violence, how many slaps does it take? Does a woman have to be bruised and bleeding before her abuse is taken seriously?

The Malaysian government is a signatory (albeit with reservations) to the United Nations Convention on The Elimination of All Forms of Discrimination Against Women (CEDAW). In Article 1 of the Convention, ‘discrimination against women’ is defined as any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise of women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

According to the General Recommendation No. 19 (Eleventh Session 1992) Violence Against Women, this definition of ‘discrimination of women’ in Article 1 of the convention, also includes gender-based violence, that is, violence that is directed against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty.

As a signatory to CEDAW, the Malaysian government is legally bound to put the provisions in this convention into practice. It is so obvious that while having legislation is the first step forward, it is simply not enough. How committed is the government towards truly deterring violence against women? Setting up a Ministry for Women and Family Affairs will be a waste of time, money and effort if there is no clear commitment to, and understanding of, CEDAW and issues relating to gender-based violence.

It is often the case that when there is a horrible rape and murder of a young woman or child, everyone gets upset. Calls for action to stem this violence come from every quarter. But meanwhile, what about all the unreported daily cases of rape, molest and domestic violence? All are part of the daily parcel of violence against women; all contribute to the denigration of women; and yet, the authorities (by their inaction) and society (by their attitudes) allow some of this to continue.

We need to assert that there can be no acceptable level of violence. We need to assert that we will not tolerate violence. We, as a society, must work towards giving our women the security and protection of the law which they, as people and as Malaysian citizens, deserve. We must continue pressurising the Government to fully recognise the basis of CEDAW and the effects of violence against women. The principles and objectives of CEDAW and the DVA must be fully implemented.