The Social Scourge Domestic Violence
A s a woman I wear many hats. I am an attorney at law, mother, wife, daughter, sister, friend and the list continue. I also know that we, as women, have mastered the art of keeping a smile on our face despite our various trials and tribulations.
It is easy for our pains to go unnoticed as its not worn on our sleeves. This little deception of ours is usually for the welfare of our children or even our extended families. It is no doubt then, that the ones who suffer at the hands of their spouses are unknown to us until we pick up a newspaper and see the bloody headlines or the heart wrenching pictures of children who are now orphaned.
We must question whether our system have failed us. While I understand that men can also be victims and most times voiceless ones, today, I elect to focus on women.
Our legal system has made half hearted attempts to resolve the issue of violence through the Domestic Violence Act Chapter 45:56 which was amended in 2020. The Act simply allows for a protection order to be granted in favour of the person who is being abused.
A protection order is only a piece of paper, left on its own it offers a thin veil of protection that can easily be destroyed by an abuser who has no regard for the power of the law.
The Act itself amended or not does not truly aid in swift relief, for instance Sections 11 and 12 states that within 7 days of making an application a hearing should be held.
Simple enough, but the summons must be served on the respondent.
There are instances where the summons is served months later because the Police Officer mandated to serve same has several excuses.
Usually, unless an interim order is sought the matter will be adjourned until the summons is served. Hearing dates for these particular matters cannot be far apart, yet, our Magistrate Court is so burdened by matters that despite having frequent hearings the matter does not necessarily proceed to trial quickly which results in delayed justice.
Not all women seek this protection from the Court and it is about time we understand their reasons for maintaining silence.
I can only analyse based on concerns expressed to me by women I have met. The first being our Police Service, there appears to be a hesitance in actually taking reports not just for Domestic Violence but across the board.
Most receipts of report simply contain the word information, it does not specify abuse, threats etc and I am uncertain if the Police believe that in attempting to provide evidence to the Court of a history of abuse the word information will tell a party all they need to know.
Our country also offers little support for women in these situations.
Some women stay because they feel helpless, they don’t have accommodation for themselves and their children, insufficient
funds to start afresh and feel that there is no other alternative than a life of abuse.
We offer limited assistance in this area, shelters are few and far between, there is little access to counselling or assistance to start life away from the abusers reach and this simply lends a feeling of helplessness. In instances like this a woman feels constrained to stay.
Together with our ongoing problems, COVID-19 brought further concerns to the forefront, as there was a general sense of despair, helplessness, financial constraints and depression. We have seen increased cases of domestic violence, murder within families and suicide.
In matters that are currently before the family court, court ordered counselling can be implemented particularly in cases that are contentious and have alluded to violence or anger management issues. While this is already done to some extent, there are limited resources and it is time that easier access be made for parties that truly need it.
There is also need for our Police Officers to be better trained and I cannot express this enough, a victim of abuse does not need to feel further abused by the persons sworn to serve and protect them. It is about time our Officers re-evaluate their skills in dealing with persons in these sensitive situations.
Women need to feel safe enough to speak out, help can only be given if help is sought. We cannot continuously convince ourselves that its just a few slaps, or the threats to your life are idle ones.
It can be viewed that a woman’s life is not just her own, as her life is precious to those around her as well, especially innocent children who are the secondary victims of violence.
I will consider children in a subsequent article, but, speaking up and seeking help is also giving voice to the needs of children who cannot afford to lose their parents in senseless acts.
What our policy makers need to consider is whether after breaking their silence we have actual protection that can be afforded to victims of domestic violence.
Pavitra Ramharack is Head of Chambers at Pavitra Ramharack Attorneys at Law and can be reached at ramharack_pavitra@outlook.com Disclaimer: This document provides general information on legal topics only and nothing in this document constitutes legal advice. Should you require specific assistance, please contact your Attorney-at-law.