Dewi
Mohd Sofri
BANDAR SERI BEGAWAN
April 26, 2010
Amendment
to be Made to the Brunei Married Women Act
The Attorney General Chambers (AGC) will be introducing an amendment to the
Married Women Act called "protection order" with "very extensive
coverage" to better defend victims of domestic violence.
Discussions are being conducted with the Syariah Court to make a similar
amendment to the Islamic Family Law, AGC senior counsel officer Zuraini Hj
Sharbawi has told The Brunei Times.
"The Married Women Act applies only to non-Muslims that is why the same
provisions will also appear in the Islamic Family Law," said Zuraini,
stressing the legislation was still in the stage of being finalised and that
"it is not yet gazetted".
The amendment will be the second to be introduced into the 11-year-old Married
Women Act. The first amendment was made in 2000.
Under the amendment, a complaint could be made against any member causing any
form of abuse to another member of the family. Then the court could issue the
protection order to keep the perpetrator away from the victim.
"It is not limited to just women," Zuraini said, adding the
amendment has a "very extensive coverage" for abused victims
ranging from the spouse or former spouse, the child of that person and their
descendants, including adopted or step-child, parents of that person, siblings,
in-laws and grandparents. It can also be made against any relative or person
that the court regards as a family member.
Under the amendment, Zuraini explained the victim would be protected by being
given the "right of exclusive occupation of a shared residence" or,
"they can share a residence but the other person (perpetrator of the
abuse) is restricted to a specific part of the house".
It also includes restraining the alleged abuser from entering the place of
employment, school or other institution or from making personal contact with
the protected person.
In addition, the court may also make an expedited order when there is an
urgency such as a danger of domestic violence being committed against the
applicant of the protection order.
The amendment will also include provisions in the form of compensation to the
applicant.
"Where a victim of domestic violence suffers any physical injury,
destruction or damage to property, loss of property or financial loss as a
result of the domestic violence, the court may award such compensation in
respect of such injury, destruction, damage or loss as it considers just and
reasonable," said Zuraini.
The draft amendment also provides the power for a police officer, for the
protection of a family member, to detain without warrant the alleged abuser as
a "preventive action" if he or she is believed to have committed or
likely to commit an act of domestic violence until a protection order or
expedited order is obtained.
This new amendment serves as a tool for the women or any family members to
further protect themselves from domestic violence, said Mariyani Abdul Wahab,
senior investigative officer at the Women and Children Abuse Unit
of the Royal Brunei Police Force.
"From our side, it would be very good for victims as it empowers them to
get away from the violence and get protected. With this protection order, not
only can it be applied by an enforcement officer, any family member and even
the victim can ask for it," she said.
She added: "It becomes legal and the court will issue specific provisions
in the protection order and if say the husband violates the protection order or
the expedited order, he can be arrested," she added.
Under the Penal Code Section 323, domestic violence is seen as a compoundable
offence, she said, "it means we cannot arrest perpetrator without warrant
unless there is a grievous act or there is a use of dangerous weapon or
means".
At present, the power of the police is restricted to limited intervention and
investigation under the existing law thus with the new amendment to the Married
Women Act, with an order from the court, enforcement becomes stronger.
"With this order, we are not only able to give a warning but the (victim)
can get away (from the perpetrator). It is a step forward," said Mariyani.
The unit receives over 150 cases per year of domestic abuse alone and majority
of the victims are women. According to Mariyani, out of the total figure, more
than half of the women are willing to forgive their partners and end up
compounding the case in court.
Meanwhile, Hjh Misnah Hj Bolhassan, the acting director of Community
Development Department (Japem) at the Ministry of Culture, Youth and Sports,
views the amendment as a much-needed boost to the department’s campaign against
domestic violence and abuse. "We have many cases and they need protection.
If this order comes in place, it will become much easier for us to use it to handle
the cases," she said.
According to her, there are many cases that are not brought to court because
the victims decline to proceed due to factors such as fear, being financially
dependent on the husbands and the element of bringing shame to the family, to
name a few.