A socio-leagal study on adequacy of laws in providing protection for battered wives in Malaysia

Abstract

This thesis examines the adequacy and effectiveness of the legal principles governing Domestic Violence Act (DVA) 1994 in protecting battered wives. The study works on the premise that despite the presence of a specific law, the occurrence of violence within the household never ends. In assessing the efficacy of the existing law, an empirical research was conducted utilizing a qualitative method apart from conducting library research. Files from courts, the welfare department and police department were examined to identify the various problems encountered by battered wives when dealing with violence committed against them. To further support the data obtained from various agencies, the study also carried out several interviews with relevant authorities to identify consistencies between the reports and personal encounters experienced by those who have handled cases on domestic violence. References were made to several legislations where the law governing DVA acts as a guideline and has been improvised to provide better protection to the victims. In addition, these references provide a firm platform in understanding the methods executed in dealing with domestic violence. Suggestions for reform to the existing DVA by using comparative analysis have also been mooted. The study clearly proves that the Malaysian Domestic Violence Act 1994 has to some extent provided comprehensive rules relating to protection for the victims. However, the absence and ambiguity of certain provisions in providing the necessary and appropriate protection for the victims show that there is lacuna and room for improvement. Malaysia has to a certain degree succeeded in providing a law for the betterment of battered wives. Nonetheless, weaknesses exist in the implementation of the law which in fact is crucial for protecting these women. This study also shows that the nexus between all interrelated agencies is still poor and weak as there is no proper comprehensive and standardized procedure applicable.