The Joint Action Group for Gender Equality welcomes the proposed amendments to the Domestic Violence Act 1994 (DVA). However, the amendments do not go far enough in protecting women from domestic violence.

JAG notes that many crucial issues that have been raised in JAG press statements and memoranda since 1999 have still not been addressed.  These issues include:

• Stalking and intimidation are common forms of domestic violence and should be included into the definition of what constitutes domestic violence in the DVA.

• The category of victims/perpetrators must be broadened to include intimate partner violence, so that relationships outside of marriage can be included under the protection of the DVA.

• Recognition that domestic violence be a separate offence under the penal code. As it currently is not, charges for domestic violence offences under the penal code do not reflect the serious, persistent and often repetitive nature of domestic violence. Domestic violence must be addressed in the penal code so that it can be read harmoniously with the DVA.

JAG however welcomes the positive changes that have been made in the amendment bill.  These include:

• The addition of “psychological abuse, including emotional injury” to the definition of domestic violence. However there must be correlating changes made to the penal code to reflect this.

• Making domestic violence a seizable offence, which allows the police to investigate and arrest immediately.

• The automatic attachment of the power to arrest to every protection order when violence is likely.  This enables the police to arrest a perpetrator when a protection order has been violated.

• A protection order may be made to prohibit or restrict the perpetrator from communicating by any means with the protected person.  

JAG urges that the three crucial points highlighted above be addressed, in order to fully protect survivors of domestic violence. These suggested amendments should be made to the Bill prior to its Second Reading in Parliament. The existing version of the Bill only goes part of the way for comprehensive reform of the Act.

The Joint Action Group for Gender Equality (JAG) comprises:

Women’s Centre for Change, (WCC) Penang

Women's Aid Organisation (WAO)

Perak Women for Women Society (PWW)

Persatuan Kesedaran Komuniti Selangor (Empower)

Sabah Women’s Action Resource Group (Sawo)

Sisters in Islam (SIS)

All Women's Action Society (Awam)