Abstract
Domestic violence is a social epidemic in Malaysia. To combat this, the Domestic Violence Act 1994 and the Domestic Violence (Amendment) Act 2012 has set up a mechanism via the Malaysian criminal justice system to investigate reports, prosecute the perpetrators and protect the victims of domestic violence. Unfortunately, the mechanism has been viewed with disfavor by many. This paper attempts to critically appraise the effectiveness of the mechanism and subsequently propose an alternative method to better deal with domestic violence cases. Applying a descriptive and analytical approach in data analysis, the paper concluded that the mechanism currently being implemented in dealing with domestic violence cases is ineffective and ineffectual. Therefore a specialized court (instead of the current criminal court) which deals specifically with domestic violence is suggested. Keywords: Domestic violence; women; domestic violence court
Highlights
January 2014: a man slashes his wife’s face after she defied his order not to visit her mother
Domestic violence against women in Malaysia has evolved from what was once considered as private family matter to a social epidemic. 39% of Malaysian women above 15 years of age were estimated to have been physically beaten by their partner
According to statistics released by the Ministry of Women, Family and Community Development, the number of reported cases of domestic violence against women is on a steady climb
Summary
January 2014: a man slashes his wife’s face after she defied his order not to visit her mother. The ineffectiveness of the current legal mechanism in dealing with a type crime which is sensitive in nature and requires special attention contributes to the problem It is high time the Malaysian government revisits the law on domestic violence and establishes a special court to resolve cases of domestic violence more efficiently. The system lack the understanding of the complexities of domestic violence especially the powerful social, emotional and economic ties that bind victims to their abusers It lacks gender sensitivity as well as sense of security and protection which are crucial in domestic violence cases. The Muslims faces the same problem, While the Syariah Court have jurisdiction to hear petition for divorce, distribution of matrimonial properties, maintenances and guardianship, domestic violence cases must be brought to the Civil Court. Requiring the victim to go to two different jurisdictions of courts.
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